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Home My WebLink About05(D) - Approve Revere Place Wetland Replacement Plan Report 13605 1st Avenue North #100, Plymouth, MN 55441 P 763.412.4000 F 763.412.4090 ae-mn.com WETLAND REPLACEMENT PLAN DISTINCTIVE LAND DEVELOPMENT, LLC REVERE PLACE 17944 REVERE WAY PRIOR LAKE, MINNESOTA SCOTT COUNTY (PID: 259120080) AUGUST 17, 2021 AE JOB NO. 16614 Distinctive Land Development, LLC – Revere Place (USACE Reg File No: 2019-02767-SSC and Scott SWCD: WCA-21-013) 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: Distinctive Land Development, LLC/Matt Odenthal Mailing Address: 17645 Juniper Path #200, Lakeville, MN 55044 Phone: (651) 344-7151 E-mail Address: mj.odenthal@yahoo.com Agent Name: Anderson Engineering of Minnesota, LLC, Ben Hodapp Mailing Address: 13605 1st Avenue North, Suite 100, Plymouth, MN 55441 Phone: (763) 412-4000 E-mail Address: bhodapp@ae-mn.com PART TWO: Site Location Information County: Scott City/Township: Prior Lake Parcel ID and/or Address: PID: 259120080 Legal Description (Section, Township, Range): S12, T114N, R22W Lat/Long (decimal degrees): 44.689416, -93.405307 Attach a map showing the location of the site in relation to local streets, roads, highways. See Figures, Attachment A Approximate size of site (acres) or if a linear project, length (feet): 10.04-acre 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. • Scott County Soil and Water Conservation District (SWCD) Project Number: WCA-21-013 o MN WCA Boundary/Type NOD: 6/25/2021 • USACE Regulatory File No. 2019-02767-SSC o USACE Concurrence: 6/11/2020 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. BACKGROUND The site consists of approximately 10.04-acres of homestead with agricultural fields and wooded areas. There is an existing house, a separate building with adjacent recreational court, and bituminous driveway. A wetland delineation was conducted by Braun Intertec Corporation on August 23, 2019 at the parcel (PID: 259120080) located northwest of the intersection of Revere Way and 180th Street East in Prior Lake, Scott County, Minnesota. A total of two wetlands and one perennial stream were identified and delineated on-site. At this time, the region received above normal precipitation. A complete delineation report and WCA application were submitted to the Scott County SWCD on May 20, 2021. The wetland boundary/type at the parcel was reviewed and approved by Scott County SWCD as documented in a Notice of Decision dated June 25, 2021. A copy of the NOD is included in Appendix B. Historically the parcel was located within the Spring Lake Township, Scott County and identified as PID: 119120042. It was later annexed within the limits of the City of Prior Lake in 2021 as PID: 259120080. PROJECT DESCRIPTION Distinctive Land Development, LLC is proposing to construct 20 new single-family residential homes located west of Revere Way and north of 180th Street East, near Cleary Lake in Prior Lake, Scott County, Minnesota (Appendix B, Drawing 1.10). The development will consist of removing the existing house, adjacent structures, utilities, driveway, septic tank, and filling the swale in the southeast quadrant that provides storm water drainage off-site. The project proposes to install housing infrastructure, utilities, a cul-de-sac that will connect to Prairie Way, and install a storm sewer network that will provide drain tile at all low points across the Revere Way along both sides of storm sewer pipe (Appendix B, Drawing 4.10). RESOURCE IMPACT WETLAND 1 As depicted on Drawing 8.10 in Appendix A, wetland one is located in the northern portion of the southeast quadrant of the parcel. Wetland one includes an ephemeral feature and a small wetland basin that is present where the topography of the channel flattens. Vegetation within the wetland includes reed canary grass (Phalaris arundinacea), narrowleaf cattail (Typha Angustifolia), palmer’s pigweed (Amaranthus palmeri), Canada goldenrod (Solidago canadensis), and Canada thistle (Cirsium arvense). EPHEMERAL FEATURE Based on field validation and desktop review on August 11, 2021, the ephemeral feature (drainage swale) flows only in direct response to precipitation (Figure 2). This feature is not mapped by MnDNR Public Waters or National Wetlands Inventory Map and is located in non-hydric mapped soils. The drainage swale collects overland flow from adjacent parcels to the south and gathers in a small wetland basin off-site that connects to the drainage swale on-site via culvert (See Figure 1 and Drawing 8.10 in Appendix A). The drainage swale also collects stormwater runoff via a storm water line from residential development to the west. The drainage swale begins under 180th Street East via culvert that abuts a small wetland basin in a roadside ditch off-site. It then travels northeast along the southeastern portion of the site through the drainage swale and continues to the eastern site boundary under Revere Way via culvert. The drainage swale then continues off-site to the east. Distinctive Land Development, LLC is proposing to fill approximately 540-linear feet of the drainage swale and 0.047-acre of wetland one in the southeast quadrant for the construction of 20 new single-family residential homes. Figure 1. Drainage swale connecting via culvert from the south. Figure 2. Drainage swale flows only in direct response to precipitation. Distinctive Land Development, LLC – Revere Place (USACE Reg File No: 2019-02767-SSC and Scott SWCD: WCA-21-013) 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 relevan t 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: The purpose of this project is to construct 20 new single-family residential homes in Prior Lake, Scott County, Minnesota. The project is needed to address the demand for and deficit in available housing in the area according to the City of Prior Lake 2040 Comprehensive Plan. 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: The preferred alternative for the 20 new single-family residential homes would be to install the housing infrastructure, utilities, a cul-de-sac that will connect to Prairie Way, and install a storm sewer network. The preferred alternative would have no impacts to wetland two; however, it is not practicable to entirely avoid impacts to wetland one. Complete avoidance of wetland one would not meet the project purpose. An earlier alternative design layout was contemplated but later dismissed because it would result in wetland two impacts. This was due to the alignment of the proposed cul-de-sac and position of the single-family residential home needing to meet city planning and zoning requirements. The “no build” alternative was discussed and later dismissed because it does not meet the stated project purpose or need. Complete avoidance of wetland one would result in future degradation of the wetland’s ability to function due to residential development encircling the basin. 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 project minimized unavoidable wetland impacts to the greatest practicable extent. Wetland impacts have been minimized to the greatest extent necessary for the project to meet the city planning and zoning design requirements for lots, streets, sidewalks, utilities, maintain safety, and to support the project purpose and need. The filling of the drainage swale and installation of a storm sewer network along the south and eastern portion of the parcel would result in severe degradation of wetland one’s ability to function and provide public value. Therefore, the replacement of the wetland with a 2:1 replacement ratio would result in a certain gain in function and public value. Any temporary impacts will be minimized through the installation of silt fences and erosion control BMP’s during construction, as appropriate. 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. The applicant conducted a lengthy search of alternative sites within the vicinity and could not find any available to meet the space, access, and city planning and zoning requirements. The proposed project is adjacent to a low-density residential use zone and is consistent with the City of Prior Lake 2040 Comprehensive Plan. Distinctive Land Development, LLC – Revere Place (USACE Reg File No: 2019-02767-SSC and Scott SWCD: WCA-21-013) 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 1468 Le Sueur 33 9 2 0.094 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. The project has reserved up to 0.094-acre of credit from Wetland Bank Account Number: 1468. The applicant will execute purchase of the actual credit quantity necessary to meet replacement requirements. For proof of adequate reserved wetland bank credits, see Appendix C for Wetland Bank Credit Reservation Agreement. Appendix A FIGURES THE MEADOWS OF CLEARY LAKEREGISTERED PROFESSIONAL CIVIL ENGINEER PREPARED BY PIONEER ENGINEERING, P.A. REGISTERED PROFESSIONAL LAND SURVEYOR DEVELOPER REG. NO. 42299 BRIAN N. MOLINARO PETER J. HAWKINSON REG. NO. 47504 DISTINCTIVE DESIGN BUILD, LLC 17645 JUNIPER PATH #200 LAKEVILLE, MINNESOTA 55044 00-ENG-121006-SHEET-CVR 1.10COVER 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 22OFREVERE PLACE PRIOR LAKE, MINNESOTA DISTINCTIVE DESIGN BUILD, LLC 17645 JUNIPER PATH #200 07-23-2021 NAP/BNM PDS/BNM Name Reg. No.Date Revisions 1. XX-XX-XXXX City Comments Date Designed Drawn 2021 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 07-23-2021 Brian N. Molinaro LAKEVILLE, MINNESOTA 55044 SHEET INDEX COVER SHEET 1.10 LEGEND SHEET 1.20 PRELIMINARY SITE PLAN 5.10 PRELIMINARY GRADING PLAN 7.10 PRELIMINARY EROSION CONTROL PLAN 7.20 PRELIMINARY SANITARY & WATERMAIN PLAN 6.10 XXXXXX XX-XX PRELIMINARY STORM PLAN 6.20 PRELIMINARY LANDSCAPE PLAN L1 PRELIMINARY PLAT 3.10 EXISTING CONDITIONS 2.10 PRELIMINARY SEEDING PLAN 7.30 GRADING DETAILS 7.40-7.42 REVERE PLACE PRELIMINARY PLAT PRIOR LAKE, MINNESOTA CITY DETAILS 9.10-9.14 LOCATION MAP PRELIMINARY WETLAND IMPACT & BUFFER PLAN 8.10 PRELIMINARY TREE PRESERVATION PLAN T1 PRELIMINARY SITE DETAILS 5.20 PRELIMINARY LIGHT & SIGNAGE PLAN 6.30 PRELIMINARY REMOVALS PLAN 4.10 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 22OFREVERE PLACE PRIOR LAKE, MINNESOTA DISTINCTIVE DESIGN BUILD, LLC 17645 JUNIPER PATH #200 07-23-2021 NAP/BNM PDS/BNM Name Reg. No.Date Revisions 1. XX-XX-XXXX City Comments Date Designed Drawn 2021 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 07-23-2021 Brian N. Molinaro LAKEVILLE, MINNESOTA 55044 00-ENG-121006-SHEET-DEMO 4.10PRELIMINARY REMOVALS 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 22OFREVERE PLACE PRIOR LAKE, MINNESOTA DISTINCTIVE DESIGN BUILD, LLC 17645 JUNIPER PATH #200 07-23-2021 NAP/BNM PDS/BNM Name Reg. No.Date Revisions 1. XX-XX-XXXX City Comments Date Designed Drawn 2021 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 07-23-2021 Brian N. Molinaro LAKEVILLE, MINNESOTA 55044 00-ENG-121006-SHEET-WETL 8.10PRELIMINARY WETLAND IMPACT & BUFFER PLAN Denotes Existing Storm Sewer Line Denotes Proposed Storm Sewer Line Fill Existing Drainage Swale Appendix B WCA NOTICE OF DECISION Minnesota Wetland Conservation Act Notice of Decision BWSR NOA Form – November 12, 2019 1 Local Government Unit: Scott SWCD (delegated) County: Scott Applicant Name: Distinctive Land Development LLC Applicant Rep: Ben Ruhme, Braun Intertec Project Name: PID 119120042 LGU Project No. (if any): WCA-21-013 Date Complete Application Received by LGU: 5/20/2021 Date of LGU Decision: 6/25/2021 Date this Notice was Sent: 6/25/2021 WCA Decision Type - check all that apply ☒Wetland Boundary/Type ☐ Sequencing ☐ Replacement Plan ☐ Bank Plan (not credit purchase) ☐No-Loss (8420.0415)☐Exemption (8420.0420) Part: ☐ A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☐ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☐ 8 ☐ 9 Replacement Plan Impacts (replacement plan decisions only) Total WCA Impact Area Proposed: N/A Wetland Replacement Type: ☐ Project Specific Credits: ☐Bank Credits: Bank Account Number(s): Technical Evaluation Panel Findings and Recommendations (attach if any) ☒Approve ☐ Approve w/Conditions ☐ Deny ☐ No TEP Recommendation The TEP met onsite on May 20 and concurred with the boundaries as marked. LGU Decision ☐Approved with Conditions (specify below)1 ☒ Approved1 ☐Denied List Conditions: This approval does not authorize any wetland impacts. Decision-Maker for this Application: ☒ Staff ☐ Governing Board/Council ☐ Other: Decision is valid for: ☒ 5 years (default) ☐ Other (specify): 1 Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project-specific replacement a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid. LGU Findings – Attach document(s) and/or insert narrative providing the basis for the LGU decision1. ☐Attachment(s) (specify): ☒Summary: The LGU concurs with TEP findings that wetlands on the subject property have been accurately depicted and described in the Wetland Delineation Report dated Nov 7, 2019, in conformance with 8420.0405, Minnesota Rules. Note this NOD approves the delineation of wetlands on PID 119120042 only. 1 Findings must consider any TEP recommendations. Attached Project Documents ☒Site Location Map ☐ Project Plan(s)/Descriptions/Reports (specify): BWSR NOD Form – November 12, 2019 Appeals of LGU Decisions If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail. The appeal should include a copy of this notice, name and contact information of appellant(s) and their representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why the decision is in error. Send to: Appeals & Regulatory Compliance Coordinator Minnesota Board of Water & Soils Resources 520 Lafayette Road North St. Paul, MN 55155 travis.germundson@state.mn.us Local Appeals Does the LGU have a local appeal process applicable to this decision? ☐Yes1 ☐ No 1If yes, all appeals must first be considered via the local appeals process. Submittal Requirements - describe how to appeal, submittal requirements, fees, etc. as applicable Notice Distribution (include name) Required on all notices: ☒SWCD TEP Member: Collin Schoenecker ☒BWSR TEP Member: Ben Carlson ☒LGU TEP Member (if different than LGU contact): Troy Kuphal, Jon Utecht ☒County: Greg Wagner ☒City: Pete Young ☒Watershed District or WMO Representative: Ryan Holzer Holzerarchnia☒Applicant: Matt Odenthal, Distinctive Land Development LLC ☒ Applicant Rep: Ben Ruhme, Braun Intertec Optional or As Applicable: ☐Corps of Engineers: ☐BWSR Wetland Mitigation Coordinator (required for bank plan applications only): ☐Members of the Public (notice only):☒Other: Melissa Hanson, Spring Lake Twp Signature: Date: This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a summary of the application to members of the public upon request per 8420.0255, Subp. 3. 6/25/2021 Appendix C WETLAND BANK CREDIT RESERVATION AGREEMENT