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HomeMy WebLinkAbout05(G) - Approve Villas at Crest Woods 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 PRIOR LAKE DEVELOPMENT, LLC CHADWICK PROPERTY 13755 AND 13855 CREST AVENUE PRIOR LAKE, SCOTT COUNTY, MINNESOTA (PID: 259240025 AND 259240023) AUGUST 18, 2021 AE JOB NO. 16637 Prior Lake Development, LLC – Chadwick Property (USACE Reg File No: MVP-2019-02239-SSC and LGU Project No: 014977) 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: Prior Lake Development, LLC/Adam Seraphine Mailing Address: 7455 France Ave S, #351 Edina, MN 55435 Phone: (612) 616-5801 E-mail Address: adam@nhhproperties 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: 259240025 and 259240023/13755 and 13855 Crest Avenue, Prior Lake, MN Legal Description (Section, Township, Range): S.24, T.115N, R22W Lat/Long (decimal degrees): 44.749799, -93.407167 Attach a map showing the location of the site in relation to local streets, roads, highways. See Figure 1, Appendix A Approximate size of site (acres) or if a linear project, length (feet): 28.03-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. • City of Prior Lake (LGU) Project Number: 014977 o MN WCA Boundary/Type NOD: 12/4/2019 • USACE Regulatory File No. MVP-2019-02239-SSC o USACE Concurrence: 5/29/2020 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 A wetland delineation was conducted by Anderson Engineering of Minnesota, LLC, on August 2, 2019 at the parcel’s (PID: 259240025 and 259240023) located at 13755 and 13855 Crest Avenue in Prior Lake, Scott County, Minnesota. A total of seven wetlands were identified and delineated on-site. A complete delineation report and WCA application were submitted to the City of Prior Lake on October 1, 2019. The wetland boundary/type at the parcel was reviewed and approved by the City of Prior Lake as documented in a Notice of Decision dated December 4, 2019. A copy of the NOD is included in Appendix B. PROJECT DESCRIPTION Prior Lake Development, LLC is proposing to construct 61 new single-family residential homes at parcel’s (PID: 259240025 and 259240023) located at 13755 and 13855 Crest Avenue in Prior Lake, Scott County, Minnesota (Appendix A, Figure 2). The project proposes to install new housing infrastructure, utilities, a cul-de-sac, several streets, infiltration basins, sidewalks, and curb and gutters. RESOURCE IMPACT WETLAND 5 Prior Lake Development, LLC is proposing to fill approximately 0.03-acre of Wetland 5 to construct 138th Street Northeast, curb and gutters, and sidewalks adjacent to the street. As depicted on Figure 2 in Appendix A, wetland five is located in the northwest portion of parcel 259240023 (south parcel). Wetland 5 is a Type 1, PFO1A, floodplain forest wetland and is approximately 0.03 acre (Appendix A, Figure 2). The dominant vegetation in the wetland area includes white oak (Quercus alba), American basswood (Tilia americana), bitternut hickory (Carya cordiformis), green ash (Fraxinus pennsylvanica), and common buckthorn (Rhamnus cathartica). WETLAND 6 Prior Lake Development, LLC is proposing to fill approximately 0.01-acre of wetland six to construct a single-family residential home and cul-de-sac. As depicted on Figure 2 in Appendix A, wetland six is located in the southwest portion of parcel 259240025 (north parcel). Wetland six is a Type 1, PFO1A, floodplain forest wetland and is approximately 0.01 acre (Appendix A, Figure 2). The dominant vegetation in the wetland area includes green ash, American elm (Ulmus americana), common buckthorn, and jack-in-the-pulpit (Arisaema triphyllum). Prior Lake Development, LLC – Chadwick Property (USACE Reg File No: MVP-2019-02239-SSC and LGU Project No: 014977) 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 Overall Size of Aquatic Resource 3 Existing Plant Community Type(s) in Impact Area4 County, Major Watershed #, and Bank Service Area # of Impact Area5 5 Wetland F P 0.03-Ac. N/A Type 1 Scott, 33, 9 6 Wetland F P 0.01-Ac. N/A Type 1 Scott, 33, 9 Total = 0.04-Ac. 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. If any of the above identified impacts have already occurred, identify which impacts they are and the circumstances associated with each: N/A PART FIVE: Applicant Signature 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 Anderson Engineering of MN, LLC 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 pur poses 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. 8/18/2021 Prior Lake Development, LLC – Chadwick Property (USACE Reg File No: MVP-2019-02239-SSC and LGU Project No: 014977) 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 61 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 d iscuss 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 61 new single-family residential homes would be to install new housing infrastructure, utilities, a cul-de-sac, several streets, infiltration basins, sidewalks, and curb and gutters (Appendix A, Figure 2). The preferred alternative would have no impacts to wetlands one, two, three, four, and seven; however, it is not practicable to entirely avoid impacts to wetland five and six. Complete avoidance of wetland five and six would not meet the project purpose. An earlier alternative design was developed that avoided impacts to wetland five and six. One alternative design to avoid impact to wetland five was to connect 138th Street NE to Crest Avenue NE south of the wetland five and north of wetland three. This alternative was later dismissed because it would not attach into a future intersection alignment and would not meet city planning and zoning requirements. Another alternative design was developed that avoided impacts to wetland six. This design avoided impacts by removing Pad 6 and 7 from Block 1 of the development (Appendix A, Figure 2). By the development of adjacent surrounding areas and land use impacts, this alternative would change the contributing watershed and redirect surface water away from both wetland five and six to the proposed infiltration basins. Ultimately, degrading the quality and value of wetland five and six overtime. The “no-build” alternative was discussed and later dismissed because it does not meet the stated project purpose or need. Complete avoidance of wetland five and six would result in future degradation of the wetland’s ability to function due to residential development and street infrastructure 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 construction of the new single-family residential homes, 138th Street Northeast, sidewalks adjacent to the street, and curb and gutters, would result in severe degradation of wetland five and six’s ability to function and provide public value. Therefore, the replacement of the wetlands 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 ins tallation 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 an urban low -density use zone and is consistent with the City of Prior Lake 2040 Comprehensive Plan. Prior Lake Development, LLC – Chadwick Property (USACE Reg File No: MVP-2019-02239-SSC and LGU Project No: 014977) 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 1689 Sibley 33 9 4 0.08-Acre 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 agreem ent, 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 0.08-acre of credit from Wetland Bank Account Number: 1689. 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 ^_ Project Location Legend ^_Project Location SOURCE: MnDNR, USDA, ESRI, TIGER, Bing, Scott Co., Anderson Engineering Project Location City of Prior Lake Scott County, MN 13605 1st Ave N #100, Plymouth, MN 55441 P 763.412.4000 F 763.412.4090 ae-mn.com Project Address: 13755, 13855 Crest Avenue Prior Lake, MN PID: 259240025, 259240023 Project No: 15558 Date: 7.29.2019 I1 inch = 0.5 miles Lennar - Summit Preserve Prior Lake, MN Figure 1 Project Location Property LineProperty LineProperty LineProperty LineProperty LineNew ROW LineCrest Avenue NEJarrett Ct. NEWildflower Way NE138th St. NEMeridian Way NEApex WayLupine Trail NE138th St. NEJackson Street NEBLOCK 1OTL. BR333.5 4'82322212019181234BLOCK 3Street "B"Street "C"R60'R20'5' SIDEWALK (TYP.)5' SIDEWALK (TYP.)55'CSAH 188' BIT. TRAIL (TYP.) FIELD LOCATE FINALALIGNMENT AT TIME OF CONSTRUCTIONCity ParkNew ROW Line45679 3 1412345681011TAPER2311BLOCK 7BLOCK 5TAPER50'50'32'B-BLANESTRIPINGLANESTRIPING5' SIDEWALK(TYP.)STOP SIGN(TYP.)EXISTINGSTRIPINGEXISTINGSTRIPINGProperty Line17131279 2 1 WETLAND (TYP.)WETLAND (TYP.)WETLAND (TYP.)BUFFER 30' AVE./20' MIN (TYP.)WETLAND (TYP.)WETLAND (TYP.)25' SETBACKLINE (TYP.)25' SETBACKLINE (TYP.)R100'R20'R100'R100'R300'R20' R150' R75'R20'R50'R100'80'66'32'B-B66'32'B-B50'32'B-B25' SETBACKLINE (TYP.)21' SETBACKLINE (TYP.)50'SETBACKLINE(TYP.)12'12'12'12'LANE STRIPINGSURMOUNTABLE CURBAND GUTTER (TYP.)SURMOUNTABLE CURBAND GUTTER (TYP.)SURMOUNTABLE CURBAND GUTTER (TYP.)SURMOUNTABLE CURBAND GUTTER (TYP.)GHOST PLATFUTURE ROADPED RAMP, SEEDETAILS, TYP.STREETLIGHT (TYP.)STREETLIGHT (TYP.)STREETLIGHT(TYP.)8' BIT. TRAIL (TYP.)8' BIT.TRAIL(TYP.)PED RAMP, SEEDETAILS, TYP.BLOCK 2OTL. C20'40'30'20'20'40'40'CONC. CURB.MATCHEXISTINGCONC.CURB.MATCHEXISTINGNEW BIT.PVMT.MATCH CRSECTIONNEW BIT.PVMT.MATCH CRSECTION30'30'POND /INFILTRATIONBASINWETLAND 3LEAST/LOWOHWL=996.00EX 100-YR HWL=998.89PR 100-YR HWL=999.09OUTLET / EOF=1015.4020'50'40'32'B-B36'B-B5'SIDEWALK(TYP.)CONSTRUCTIONLIMITS (TYP.)CONSTRUCTIONLIMITS (TYP.)CONSTRUCTIONLIMITS (TYP.)CONSTRUCTIONLIMITS (TYP.)CONSTRUCTIONLIMITS (TYP.)CONSTRUCTION LIMITS (TYP.)FUTURE 8' BIT.TRAIL5' SIDEWALK(TYP.)5'SIDEWALK(TYP.)55'WETLAND 1LEAST/LOWOHWL=1012.20EX 100-YR HWL=1014.38PR 100-YR HWL=1014.13OUTLET / EOF=1015.40INFILTRATION BASINHAVEN RIDGE SOUTHINF EL=982.00OUTLET=982.32100-YR HWL=986.94EOF=987.1020'WETLAND 2LEAST/LOWOHWL=1011.90EX 100-YR HWL=1015.44PR 100-YR HWL=1014.17OUTLET / EOF=1015.40WETLAND 4LEAST/LOWOHWL=1000.00EX 100-YR HWL=1002.72PR 100-YR HWL=1002.56OUTLET / EOF=1002.20WETLAND 7LEAST/LOWOHWL=979.42EX 100-YR HWL=985.08PR 100-YR HWL=984.83OUTLET / EOF=984.20BMP2INF EL=996.00OUTLET=997.30100-YR HWL=1000.15EOF=1000.00654317.5'7.5'ACCESS ESMT. OVER OTL. C FORGHOST PLAT (TYP.)8532'B-B36'B-BEND OF EXIST.TAPERROADTANGENT2Exist.50'50'R20'R100'R95'R250'R250'55'25'TAPEROTL. D7BLOCK 6SETBACK LINE (TYP.)78910532BLOCK 4614BLOCK 59INFILTRATION BASINNWL=982.00100-YR HWL=987.41R500'15168' WALL.BTM: 982.0TOW: 990.0NWL100 YRNWL100 YR300'180' 300'180'12'14.09'.61'10BLOCK 1BLOCK 3OTL. A16952 SF8732 SF7686 SF11953 SF21773 SF16657 SF14353 SF21123 SF31172 SF40317 SF44483 SF63837 SF44048 SF36096 SF2412 SF112972 SF12807 SF9879 SF8737 SF11054 SF9320 SF9800 SF9800 SF9800 SF9779 SF11352 SF1890 SF15254 SF13184 SF6366 SF6366 SF6366 SF8433 SF15475 SF11658 SF15292 SF8605 SF6724 SF6724 SF6724 SF8942 SF10566 SF6183 SF6173 SF6455 SF6454 SF6164 SF8664 SF7238 SF8461 SF10034 SF8973 SF16977 SF19679 SF12170 SF15607 SF9477 SF6065 SF6739 SF7596 SF7480 SF6969 SF6800 SF10458 SF234043 SF11884 SFWET.BOUNDARYSIGN (TYP.)WET. BOUNDARYSIGN (TYP.)WET. BOUNDARYSIGN (TYP.)WET. BOUNDARYSIGN (TYP.)WET. BOUNDARYSIGN (TYP.)WET. BOUNDARYSIGN (TYP.)STOP SIGN(TYP.)Lupine Trail NEWET. BUFFER 30' AVE./ 20' MIN (TYP.)& CONSERVATION ESMT. LINEWET. BUFFER 30'AVE./ 20' MIN (TYP.)& CONSERVATIONESMT. LINEWET. BUFFER 30'AVE./ 20' MIN (TYP.)& CONSERVATIONESMT. LINEWET. BUFFER 30' AVE./20' MIN (TYP.) &CONSERVATION ESMT.LINED&U ESMT.(TYP.)D&U ESMT. (TYP.)D&U ESMT. (TYP.)D&U ESMT. (TYP.)SURMOUNTABLE CURBAND GUTTER (TYP.)SURMOUNTABLECURB ANDGUTTER (TYP.)WET. BUFFER 30'AVE./ 20' MIN (TYP.) &CONSERVATIONESMT. LINER20'WETLAND 6 IMPACT = 0.01 AC.WETLAND 5 IMPACT = 0.03 AC.TOTAL WETLAND IMPACT = 0.04-AC.FIGURE 2 Appendix B WCA NOTICE OF DECISION Appendix C WETLAND BANK CREDIT RESERVATION AGREEMENT Page 1 of 2 Wetland Credit Agency, LLC w 12940 Overlook Road, Dayton, MN 55327 w 612-360-4700 V1.3_12-16-20 WETLAND CREDIT RESERVATION AGREEMENT This Minnesota Wetland Credit Reservation Agreement (“Agreement”) is made this 16th day of August, 2021 between the Wetland Credit Agency, LLC (“Seller”) and Prior Lake Development, LLC (“Buyer”). (Seller and Buyer are collectively referred to as “Parties”). 1.Seller agrees to reserve the wetland banking credits (“Credits”) listed below: WETLAND CREDIT ACCOUNT(S) Acct. # County Major Watershed BSA Account Owner 1689 Sibley 33 – Minnesota (Shakopee) 9 Sibley Meadows, LLC CREDITS TO BE SOLD Acct # Credit Sub-group Acres Type Plant Community Type 1689 C 0.08 4 deep marsh -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Total 0.08 2.Seller represents and warrants as follows: a)The Credits are deposited in an account in the Minnesota Wetland Bank administered by the Minnesota Board of Water and Soil Resources (“BWSR”) pursuant to Minn. Rules Chapter 8420.0700-.0760. b)Seller owns the Credits and has the right to sell the Credits to Buyer. 3.Buyer will pay Seller the sale price as reflected on attached Seller Quote #392, terms as follows: a)$0.00 as earnest money, to be paid when this Agreement is signed; and b)The balance to be paid on or before the Closing Date listed below. Page 2 of 2 Wetland Credit Agency, LLC w 12940 Overlook Road, Dayton, MN 55327 w 612-360-4700 V1.3_12-16-20 4. In addition to the Credit fees in paragraph 3, Buyer agrees to pay to Seller the Withdrawal Fee and Easement Stewardship Fee totaling $234.40 for BWSR based upon the 2017 BWSR Fee Schedule to be paid at closing. Seller will then execute and forward a check made out for this amount, payable to BWSR. 5. The closing of the purchase and sale shall occur on or before November 16th, 2021 (Closing Date). The Closing Date may be changed by written consent of both parties. Upon payment of the balance of the purchase price, Seller will sign a fully executed Transaction Form to Withdraw Credits in the form specified by BWSR, and forward the same to BWSR along with a check for the withdrawal fee. 6. Buyer shall apply to the appropriate Local Government Unit (LGU) and the US Army Corps of Engineers for approval of a replacement plan utilizing the Credits as the means of replacing impacted wetlands. If the Local Government Unit (LGU) and/or the US Army Corps of Engineers has not approved the Buyer’s application for a replacement plan utilizing the Credits by the Closing Date, and no postponement of the Closing Date has been agreed to by Buyer and Seller in writing, then either Buyer or Seller may cancel this Agreement by giving written notice to the other. In this case, Seller shall return Buyer’s earnest money (if any), and neither Buyer nor Seller shall have any further obligations under this Agreement. If the LGU and/or the US Army Corps of Engineers has approved the replacement plan and the Seller is ready to proceed with the sale on the Closing Date, but Buyer fails to proceed, then the Seller may retain the earnest money as liquidated damages. 7. Buyer agrees that Agreement is not valid until a signed copy is provided to Seller. If Buyer has not forwarded a signed copy to Seller within 14 days after date signed by Seller, Agreement is null and void and neither Buyer nor Seller shall have any further obligations under this Agreement. _______________________________________ _________________________________ (Signature of Seller) (Date) (Signature of Buyer) (Date) By: Eric Trelstad, Wetland Credit Agency, LLC. By: Adam Seraphine Its: Owner Its: President Address: 12940 Overlook Road Address: 7455 France Ave. S., #351 Dayton, MN 55327 Edina, MN 55345 612-360-4700 612-716-9052 08/16/2021 8/18/2021