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HomeMy WebLinkAbout05(I) - Approve Prior Lake Mini Storage Addition Wetland Replacement Plan (2021-25) Report Prior Lake Mini-Storage Addition City of Prior Lake, Scott County, Minnesota Wetland Permit Application Prepared for State Storage Group by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2021-047) September 3rd, 2021 i Prior Lake Mini-Storage Addition City of Prior Lake, Scott County, Minnesota Wetland Permit Application TABLE OF CONTENTS 1. INTRODUCTION..........................................................................................................1 Project Purpose and Need ..........................................................................................1 Project Goals and Requirements ................................................................................1 2. SITE DESCRIPTION ....................................................................................................2 Project Location and Environmental Setting .............................................................2 Wetland Delineation ...................................................................................................2 3. PROPOSED PROJECT ................................................................................................3 Project Description and Schedule ..............................................................................3 4. SEQUENCING ...............................................................................................................3 No-Build Alternative ..................................................................................................3 Wetland Avoidance Design ........................................................................................3 Proposed Alternative ..................................................................................................4 Wetland Impact Minimization ...................................................................................4 Wetland Impact Rectification .....................................................................................5 Wetland Impact Reduction or Elimination Over Time ..............................................5 Rare Species Considerations ......................................................................................5 5. WETLAND REPLACEMENT PLAN .........................................................................6 5.1 Wetland Mitigation Summary ..............................................................................6 Proposed Replacement Plan .......................................................................................7 6. APPROVALS REQUESTED .......................................................................................7 ii TABLES Table 1. Wetlands on the Prior Lake Mini-Storage Addition Site…..………………...5 Table 2. Aerial Photograph History of Wetlands onsite………………………………4 Table 3. Wetland Impacts and Required Replacement………………………………..8 FIGURES 1. Site Location 2. Existing Conditions 3. Avoidance Alternative 4. Proposed Alternative 5. Rare Species APPENDICES A. Joint Application for Activities Affecting Water Resources in Minnesota B. Wetland Delineation Agency Approvals C. Prior Lake Mini-Storage Addition Plan Sheets D. Transaction Form to Withdraw Credits 1 Prior Lake Mini-Storage Addition City of Prior Lake, Scott County, Minnesota Wetland Permit Application 1. INTRODUCTION State Storage Group is proposing to develop a 12.3-acre site in the City of Prior Lake to a mini- storage facility with 10 buildings on two paved slabs, as well as infiltration basins to provide pre- treatment for stormwater entering the City stormwater system. The project is compatible with current and surrounding land use. The project is located in the southeastern part of the City of Prior Lake, Scott County, Minnesota, within the Lower Minnesota River (#33) Major Watershed and Bank Service Area 9. Prior Lake Mini-Storage Addition will require 0.1167 acre of permanent impact to one Minnesota Wetland Conservation Act (WCA) jurisdictional wetland, known as Wetland 4. A request for an Approved Jurisdictional Determination (AJD) from the U.S. Army Corps of Engineers has been included with this application. All wetlands on the project site appear to be isolated, and are not anticipated to be regulated under Section 404 of the Clean Water Act. The following narrative describes the project, the site, wetland impact sequencing, and wetland replacement. Figures and appendices are referenced and attached. The Joint Application Form for Activities Affecting Water Resources in Minnesota is included in Appendix A. Project Purpose and Need The following narrative describes the project, its purpose, site characteristics, and wetland impact sequencing. The purpose of the Prior Lake Mini-Storage Addition project is to expand the existing storage facility on the project site. Project Goals and Requirements The goals of the Prior Lake Mini-Storage Addition project are to: 1. fulfill the project purpose as described previously; 2. construct a development pad that will efficiently utilize the site and not leave large portions of undeveloped upland; 3. provide convenient access to storage buildings; 4. provide effective drainage for the site while capturing and treating stormwater runoff in a manner consistent with and that meets local, state and federal standards; 5. avoid and minimize effects on wetlands and water resources to the extent practicable; and Prior Lake Mini-Storage Addition Wetland Permit Application 2 6. replace unavoidable wetland impacts with compensatory wetlands that have functions which equal or exceed those of impacted wetlands. 2. SITE DESCRIPTION Project Location and Environmental Setting The project is proposed on 12.3-acres of land in Section 1, Township 114 North, Range 22 West, City of Prior Lake, Scott County, Minnesota. The project is situated north of County Road 21, and south of Markley Lake (Figure 1) and corresponds to Scott County PID#’s: 259010280. The site falls the Lower Minnesota major watershed (#33) and Bank Service Area 9. The site consisted of an existing storage facility on a commercially zoned lot, with woodland on the north portion and meadow on the east portion. Existing land use surrounding the project site consists of light industrial, commercial, agricultural and residential. Wetland Delineation Kjolhaug Environmental Services (KES) inspected the property on April 1, 2021 and delineated five wetlands within the 12.3-acre site. Delineated wetland boundaries are shown on Figure 2 and described in Table 1 below: Table 1. Wetlands on the Prior Lake Mini-Storage Addition site Wetland ID Wetland Type Dominant Vegetation Circular 39 Cowardin Eggers and Reed 1 Type 3/2 PEM1C/PE M1B Shallow marsh / Wet meadow Cattail, reed canary grass 2 Type 3 PEM1F Shallow marsh Cattail, reed canary grass and canopy of green ash trees 3 Type 3/2 PEM1C/PE M1B Shallow marsh/ Wet meadow Cattail, reed canary grass 4 Type 2 PEM1B Wet meadow Reed canary grass, giant golden rod, willow shrubs, and green ash trees 5 Type 5 PUBGx Excavated Pond/Open Water Open water, duckweed, reed canary grass The City of Prior Lake approved the wetland delineation in a Notice of Decision on June 1, 2021. The U.S. Army Corps of Engineers (USACE) issued an acknowledgement letter on June 2, 2021 and a regulatory response is pending. Appendix B includes agency approvals regarding the wetland delineation. Prior Lake Mini-Storage Addition Wetland Permit Application 3 3. PROPOSED PROJECT Project Description and Schedule State Storage Group is proposing to create additional buildings at an existing storage facility on a 12.3-acre site in the City of Prior Lake. The project entails construction of 11 buildings surrounded by blacktop, as well as stormwater infiltration basins. The project proposes to impact Wetland 4, which covers 0.1167 acre. The plan sheets for the proposed project have been included in Appendix C. 25-foot wetland buffers were provided around avoided wetlands consistent with Scott County WMO requirements. Project construction is expected to start in the fall of 2021. The Prior Lake Mini-Storage Addition project will be constructed in approximately 6 phases (timeline determined by market demand), with building construction and paving occurring each phase. The southeast portion of the site will be developed first, transitioning to the northern portion once the southeast portion is built out. 4. SEQUENCING The following narrative addresses wetland avoidance, impact minimization, impact reduction and elimination over time, and replacement in compliance with Minnesota WCA and Section 404 of the Federal Clean Water Act. This sequencing discusses alternatives considered and practices proposed to minimize wetland impacts. The alternatives analysis demonstrates that there are no feasible and prudent alternatives available that would completely avoid wetland impacts. No-Build Alternative The No-Build Alternative was considered as a method to avoid wetland impacts. The No-Build Alternative would avoid wetland impacts, but it would not fulfill the project purpose, need, goals, or requirements. For these reasons, the No-Build Alternative was rejected as an approach to avoiding wetland impacts. Wetland Avoidance Design Consideration was given to a Wetland Avoidance Design that would completely avoid impacting Wetland 4 (Figure 3). Initially, a direct avoidance plan was considered that only eliminated one storage building. However, even if Wetland 4 were directly avoided the majority of the supporting watershed would be removed. Therefore, the Wetland Avoidance Design (Figure 3) avoids the entire existing watershed of Wetland 4. This entails eliminating approximately half of the proposed expansion on the southern portion of the project. Prior Lake Mini-Storage Addition Wetland Permit Application 4 The Wetland Avoidance Design is not acceptable for the following reasons: • It would not allow the project proponent to utilize a significant portion of available upland on an I-1 General Industrial zoned lot; • It would not allow the project proponent to expand their existing facility to the east. The existing facility cannot expand eastward without either directly impacting Wetland 4, or developing the upland adjacent to Wetland 4 and likely removing hydrology. The proposed expansion on the east side of the property cannot be shifted northward without impacting an existing building, and cannot be shifted southward without impacting Wetland 5. The Wetland Avoidance Design was rejected as an approach to avoiding wetland impacts because it would not allow the project proponent to develop a sizeable portion of the upland onsite. No alternatives were identified that meet the project purpose and requirements while completely avoiding direct and indirect wetland impacts. Proposed Alternative The Proposed Alternative is shown on the Proposed Plan (Figure 4, Appendix C). The Proposed Alternative entails grading that would impact 0.1167-acre of wetland to accommodate expansion of the proposed project to the east. The proposed project design includes: • Graded building pads that support nine storage buildings; • convenient access to newly constructed buildings; and • effective pre-treatment for stormwater runoff in a manner consistent with local, state and federal standards. The Proposed Alternative meets the project purpose, need, goals, and requirements as described previously and is compatible with surrounding and future land uses envisioned by the City of Prior Lake. The Proposed Alternative represents a balanced effort to accommodate the project purpose and goals, while avoiding and minimizing wetland impacts to the extent practicable. There is no practicable design that will completely avoid wetlands on the site. The wetland avoidance alternatives reviewed are not feasible and prudent. There are no known feasible and prudent alternatives that would avoid the wetland impacts listed above. Wetland Impact Minimization The Proposed Alternative has minimized wetland impacts onsite in the following ways: 1. designing with various building sizes to reduce wetland impacts; 2. using silt fence and other Best Management Practices to control erosion and stormwater runoff during construction. Prior Lake Mini-Storage Addition Wetland Permit Application 5 The need for a feasible and prudent design that is consistent with the project purpose, local and regional policies, land use practices, and engineering standards causes further wetland impact minimization to be impracticable. Wetland Impact Rectification Temporary wetland impacts are not proposed and therefore wetland impact rectification does not apply. Wetland Impact Reduction or Elimination Over Time Practices that will be implemented to help reduce or eliminate wetland impacts over time include: 1. 25-foot wetland buffers around avoided wetlands consistent with Scott County WMO requirements; and 2. complying with the NPDES Construction Stormwater Permit to reduce pollutants in stormwater discharge. Rare Species Considerations State and federal wetland rules require that endangered and threatened species be considered in wetland permitting. State Minnesota Rules Part 8420.0515 specifies that endangered and threatened species must be considered when submitting a wetland replacement plan. The project construction area is mostly woodland and previous building sites. The site is not known to contain unique habitats that provide key requirements for state-listed threatened and endangered species typically found in Scott County. A review of Minnesota DNR Natural Heritage Information showed two state-listed species within a one-mile radius of the site (Figure 5). Blandings Turtle (Emys blandingii) MN Status: Threatened; Federal Status: none. MN DNR Information on the Blandings Turtle Wetland complexes and adjacent sandy uplands are necessary to support viable populations of Blanding's turtles. Calm, shallow waters, including wetlands associated with rivers and streams with rich aquatic vegetation are especially preferred. In Minnesota, this species appears fairly adaptable, utilizing a wide variety of wetland types and riverine habitats in different regions of the state. In central Minnesota, shrub wetlands are utilized throughout the summer and also serve as over-wintering sites (Piepgras and Lang 2000). In southeastern Minnesota, open marshes and bottomland wetlands provide summer and winter habitat. Ephemeral wetlands are utilized in spring and early summer, while deeper marshes and backwater pools are utilized in both the summer and winter (Hamernick 2000 ; Pappas et al. 2000). In southwestern Minnesota, meandering streams and rivers, fens, prairie marshes, backwaters, and oxbows are important aquatic habitats, and upland habitats include adjacent agricultural lands Prior Lake Mini-Storage Addition Wetland Permit Application 6 (Lang 2003). Female Blanding's turtles often nest in agricultural fields. This may be hazardous to both adult females and nests in the form of chemicals, disking, machinery usage, increased nest predation, and shade produced by growing crops The project site does not contain calm, shallow waters and wetlands associated with rivers and streams with rich aquatic vegetation that the Blanding’s turtle depends upon. Therefore, suitable habitat does not appear to exist onsite and impacts to the Blanding’s Turtle are not anticipated. Red-shouldered Hawk (Buteo lineatus) MN Status: Special Concern; Federal Status: none. MN DNR Information on the Red-shouldered Hawk Red-shouldered hawks are most commonly found in large tracts of mature deciduous forest with scattered wetland openings. Suitable habitat typically occurs in uplands with diverse topography characterized by numerous small hills, ridges, and depressional wetlands or small lakes. Red-shouldered hawks also frequent mature floodplain forests. Researchers have found that nesting sites include high, thick canopies and trees with large diameters (McLeod and Andersen 1996). Bosakowski and Smith (1997) found that the number of red-shouldered hawks increased with increasing size of wilderness areas. The red-shouldered hawk prefers large tracts of mature deciduous forest with scattered wetlands and diverse topography. The project site contains a small amount of woodland (less than 4 acres), flat topography, disturbance from historic conditions due to grading and development, and primarily small to moderate diameter trees. Therefore, the site does not appear to contain prime habitat for the red-shouldered hawk and impacts to this species are not anticipated. 5. WETLAND REPLACEMENT PLAN 5.1 Wetland Mitigation Summary The proposed plan will impact 0.1167 acres of Type 2 Wet Meadow wetland. The Prior Lake Mini- Storage Addition project is located within Major Watershed 33 (Lower Minnesota River), Scott County and Bank Service Area (BSA) 9. The applicant is proposing wetland mitigation by bank credits within the same Major Watershed and BSA as the impacts. To mitigate for onsite wetland impacts associated with Prior Lake Mini-Storage Addition, the applicant proposes to purchase 0.2334-acre of BWSR Certified Prior Lake Mini-Storage Addition Wetland Permit Application 7 Standard Wetland Credits (SWC) from Wetland Bank #1689 located in Watershed 33, Bank Service Area 9, Sibley County. The proposed credit withdrawal is shown on Table 3 below: Table 3. Wetland Impacts and Required Replacement Wetland Proposed Impacts (square feet) Proposed Impacts (acres) Required Replacement (Acres, 2:1 Ratio) Wetland 1 5,085 0.1167 0.2334 Total: 0.1167 0.2334 Proposed Replacement Plan Permanent wetland impacts will be replaced through the purchase of 0.2334 acre of Corps- approved Standard Wetland Credit from the Sibley Meadows Wetland Bank (Acct.#1689, Sibley County, Watershed #33). This bank is located in the same Major Watershed and BSA as the wetland impact. A Transaction Form to Withdraw Credits is included in Appendix D. Wetland replacement monitoring and management will be the responsibility of Wetland Bank owner(s). 6. APPROVALS REQUESTED The Prior Lake Mini-Storage Addition project will require 0.1167-acre of fill within one wetland when developed in a manner consistent with the project purpose, need, goals and requirements. This application requests Wetland Replacement Plan approval from the City of Prior Lake under the Minnesota Wetland Conservation Act, and an Approved Jurisdictional Determination from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act. Prior Lake Mini-Storage Addition Wetland Permit Application FIGURES 1. Site Location 2. Existing Conditions and Land Uses 3. Avoidance Alternative 4. Proposed Alternative 5. Rare Species © OpenStreetMap (and) contributors, CC-BY-SA Figure 1 - Site Location Map Prior Lake Mini-Storage Addition (KES 2021-047)Prior Lake, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 850 Feet Project Boundary Source: ESRI Streets Basemap MarkleyLake 9 4 4 9 4 0 9509 4 2 9469489529 3 8936 9349329309289269249229 2 09189 1 6 9149549129109569 08906904902900898896894958892890 960 954952942940 944 9429409429 5 0 946944 9 5 0 948946 948950 944 950934952 9 5 6 956 95295095 2 9549 4 4940946946 956942942 942 9449 4 4 9 4 4 9489 4 4 946 948 942946952950 950942 942 946 946 948950950946 9 4 2 9429489409 4 8 954Figure 2 - Existing Conditions Prior Lake Mini-Storage Addition (KES 2021-047)Prior Lake, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 200 Feet Project Boundary Wetland Boundary 2 ft LiDAR Contours Source: MNGEO Spatial Commons Wetland 10.42 acre Wetland 30.19 acre Wetland 20.34 acre Wetland 40.13 acre Wetland 50.13 acre Figure 3 - Wetland Avoidance Alternative Prior Lake Mini-Storage Addition (KES 2021-047)Prior Lake, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 100 Feet Project Boundary Pre-Construction Watershed Wetland Boundary Source: MNGEO Spatial Commons, Plan Sheets From Civil Methods, Inc. Eliminate two buildings, one infiltration basinand associated pavement Reduce project scopeto directly avoid Wetland 4and associated watershed. Wetland 2 Wetland 3 Wetland 4 Wetland 5 Figure 4 - Proposed Plan Prior Lake Mini-Storage Addition (KES 2021-047)Prior Lake, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 200 Feet Project Boundary Storm Pond Proposed Wetland Impacts Wetland Boundary Source: MNGEO Spatial Commons, Plan Sheets From Civil Methods, Inc. Wetland 10.42 acre Wetland 30.19 acre Wetland 20.34 acre Wetland 45,085 sf (0.1167 acres) Wetland 50.13 acre Figure 5 - Rare Species Prior Lake Mini-Storage Addition (KES 2021-047)Prior Lake, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 2,000 Feet Project Boundary 1 Mile Buffer MN DNR NHIS Data Invertebrate Animal Vertebrate Animal Source: MNGEO Spatial Commons, MN DNR NHIS Prior Lake Mini-Storage Addition Wetland Permit Application APPENDIX A Joint Application for Activities Affecting Water Resources in Minnesota Project Name and/or Number: Prior Lake Mini-Storage Addition 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: Matt Brummer Mailing Address: 15362 Fish Point Road SE, Prior Lake MN 55372 Phone: 612-618-6896 E-mail Address: matt@statestoragegroup.com Authorized Contact (do not complete if same as above): Mailing Address: Phone: E-mail Address: Agent Name: Adam Cameron, Kjolhaug Environmental Services Mailing Address: 2500 Shadywood Road #130, Orono MN 55331 Phone: 952-401-8757 Ext. #6 E-mail Address: Adam@kjolhaugenv.com PART TWO: Site Location Information County: Scott City/Township: Prior Lake Parcel ID and/or Address: 6000 Credit River Rd SE Legal Description (Section, Township, Range): S:01 T:114N R:22W Lat/Long (decimal degrees): --------------------- Attach a map showing the location of the site in relation to local streets, roads, highways. Approximate size of site (acres) or if a linear project, length (feet): 12.3 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. The project is an addition to an existing storage facility in the City of Prior Lake. Project Name and/or Number: Prior Lake Mini-Storage Addition 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 District (Corps) and/or the Wetland Conservation Act Local Government Unit (LGU) provide me with the foll owing (check all that apply): Wetland Type Confirmation Delineation Concurrence. 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 aqu atic 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 a ddress the jurisdictional status of the aquatic resources on the property, o nly 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 absen t 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. AJD requested for all waters on-site. 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: Prior Lake Mini-Storage Addition 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 (grading plans, storm water management plans, etc.), referencing these as necessary: Please reference Section 1 of the attached application. 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: Please reference Section 4 of the attached application. 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): Please reference Section 4 of the attached application. 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. N/A Project Name and/or Number: Prior Lake Mini-Storage Addition 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 Type 4 DM 0.2334 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. Project-Specific Replacement/Permittee Responsible Mitigation. Complete this section if you are proposing to pursue actions (restoration, creation, preservation, etc.) to generate wetland replacement/compensatory mitigation credits for this proposed project. WCA Action Eligible for Credit1 Corps Mitigation Compensation Technique2 Acres Credit % Requested Credits Anticipated3 County Major Watershed # Bank Service Area # 1Refer to the name and subpart number in MN Rule 8420.0526. 2Refer to the technique listed in St. Paul District Policy for Wetland Compensatory Mitigation in Minnesota. 3If WCA and Corps crediting differs, then enter both numbers and distinguish which is Corps and which is WCA. Explain how each proposed action or technique will be completed (e.g. wetland hydrology will be restored by breaking the tile……) and how the proposal meets the crediting criteria associated with it. Applicants should refer to the Corps mitigation policy language, WCA rule language, and all associated Corps and WCA guidance related to the action or technique: Attach a site location map, soils map, recent aerial photograph, and any other maps to show the location and other relevant features of each wetland replacement/mitigation site. Discuss in detail existing vegetation, existing landscape features, land use (on and surrounding the site), existing soils, drainage systems (if present), and water sources and movement. Include a topographic map showing key features related to hydrology and water flow (inlets, outlets, ditches, pumps, etc.): Prior Lake Mini-Storage Addition Wetland Permit Application APPENDIX B Wetland Delineation Summary and Agency Approvals BWSR NOD Form – November 12, 2019 1 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit: City of Prior Lake County: Scott Applicant Name: State Storage Group (Matt Brummer) Applicant Representative: Kjolhaug Environmental (Kyle Uhler) Project Name: 6000 Credit River Road SE Site LGU Project No. (if any): 18318 Date Complete Application Received by LGU: June 1, 2021 Date of LGU Decision: July 9, 2021 Date this Notice was Sent: July 9, 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 Wetland Impact Area: 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 LGU Decision ☒ Approved with Conditions (specify below)1 ☐ Approved1 ☐ Denied List Conditions: Submit a shapefile of the approved boundary. 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): Approved impact figure ☒ Summary: Kjolhaug Environmental Services reviewed the project site on behalf of the applicant using onsite methods and delineated 5 wetland areas. The TEP reviewed the boundaries on site on June 14, 2021 and agreed with the boundaries as delineated in the field. No additional comments were received. 1 Findings must consider any TEP recommendations. Attached Project Documents BWSR NOD Form – November 12, 2019 2 ☒ Site Location Map ☒ Project Plan(s)/Descriptions/Reports (specify): Approved boundary figure 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 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. Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable) Send a petition to: City of Prior Lake, 4646 Dakota Street SE, Prior Lake, MN 55372 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): Alison Harwood, WSB ☒ DNR Representative: Melissa Collins ☒ Watershed District or Watershed Mgmt. Org.: Scott WMO (Vanessa Strong) ☒ Applicant: Matt Brummer ☒ Agent/Consultant: Kjolhaug Environmental (Kyle Uhler) Optional or As Applicable: ☐ Corps of Engineers: ☐ BWSR Wetland Mitigation Coordinator (required for bank plan applications only): ☐ Members of the Public (notice only): ☐ Other: 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. 7/9/2021 © OpenStreetMap (and) contributors, CC-BY-SA Figure 1 - Site Location Map 6000 Credit River Rd. SE Site (KES 2021-047)Prior Lake, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 850 Feet Site Boun dary Source: ESRI Streets Basemap MarkleyLake 9 3 8936 944 9469489 4 0 9 4 2934 950932930928 9529269249229 2 0 9189169 1 4 9 1 2 9109089 0 6 9049029008988 9 6 9 5 4894892890 956 950956950 9 5 0 95494094 4942 946948934946 9529469 4 4 950 942 950942 9489549 5 2 944944 948 942 9 4 6 950944 946 954944948926 940942944 9 4 8 946 9 4 4 942 9 5 0 942952946946 948940942942 950942948940950946950 952Figure 2 - Existing Conditions 6000 Credit River Rd. SE Site (KES 2021-047)Prior Lake, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 200 Feet Site Boun dary Tra nsect Scott Co unty Lidar Wetla nd Bo unda ry Source: MNGEO Spatial Commons Wetland 10.42 acre Wetland 30.19 acre Wetland 20.34 acre Wetland 40.13 acre Wetland 50.13 acre SP1-1 SP2-1 SP3-1 SP4-1 SP5-1 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, ST. PAUL DISTRICT 180 FIFTH STREET EAST, SUITE 700 ST. PAUL, MN 55101-1678 06/02/2021 Regulatory File No. MVP-2021-01064-RMH THIS IS NOT A PERMIT Kyle Uhler Kjolhaug Environmental Services 2500 Shadywood Road, Suite 130 Orono, Minnesota 55331 To: Kyle Uhler: We have received your submittal described below. You may contact the Project Manager with questions regarding the evaluation process. The Project Manager may request additional information necessary to evaluate your submittal. File Number: MVP-2021-01064-RMH Applicant: Matt Brummer Project Name: 6000 Credit River Rd Project Location: Section 6 of Township 114 N North, Range 21 W, Scott County, Minnesota (Latitude: 44.7063520904186; Longitude: -93.3996391180833) Received Date: 05/27/2021 Project Manager: Raelene Hegge (651) 290-5355 Raelene.Hegge@usace.army.mil Additional information about the St. Paul District Regulatory Program can be found on our web site at http://www.mvp.usace.army.mil/missions/regulatory. Please note that initiating work in waters of the United States prior to receiving Department of the Army authorization could constitute a violation of Federal law. If you have any questions, please contact the Project Manager. Thank you. U.S. Army Corps of Engineers St. Paul District Regulatory Branch Prior Lake Mini-Storage Addition Wetland Permit Application APPENDIX C Plan Sheets 1210C00CONCEPT LAYOUT - 08/04/2021PROPERTY LINESETBACK / BUFFEREASEMENTWETLAND (APPROX., TBD)CONTOURCURB & GUTTERPROPOSED BITUMINOUSBUILDINGSTORMWATER BMPLEGEND: BENCHMARK[Location][Elevation = xxx.xx]Feet050100SITE DATA: TOTAL PROPERTY AREA: ±676,822 FT2 (15.54 AC)EXISTING HARD SURFACE: ±223,500 FT² (5.13 AC)PROPOSED HARD SURFACE:±353,170 FT² (8.11 AC) (223500+62700+62670)PROPOSED HARD SURFACE %:52.2%PROPOSED BUILDING AREA:±62,700 FT² (35,250 S, 27450 N)ZONING:INDUSTRIALMAXIMUM HARD SURFACE:75%SETBACK, FRONT:30 FTSETBACK, REAR:15 FTSETBACK, SIDE:10 FT (60 FT TO RES.)SETBACK, PARKING:10 FT (20 FT TO RES.)WETLAND:BUFFER: 30 FT(APPROX. TBD BASED ON WETLAND TYPE)NO-GRADE:25 FTXXXDESIGNED:LIC. NO.:DATE:XXXX X XXXXDRAWN:CHECKED:XXXXXXXXXXXI HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.XX-XX-XXXXCIVIL METHODS, INC.1551 Livingston Avenue, Suite 104West St. Paul, MN 55118o:763.210.5713 | www.civilmethods.comSTATE STORAGE GROUPNEW YORK, NYDATE / REVISION:OWNER:TITLE:SHEET NO:PRIOR LAKE, MNPRIOR LAKE MINI-STORAGE ADDITION8/16/2021 8:26 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\0641_Prior Lake Storage\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\01_Layout.dwgDRAFT EXISTING STORMWATER BASINPOTENTIAL INFILTRATIONSWALEPOTENTIAL INFILTRATIONSWALEPOTENTIAL INFILTRATION /BIOFILTRATION BASINAPPROX SHORELANDOVERLAY LINE60' SETBACK 30'SETBACK30'50'45'20'150' 300' 38' 30' 30'30'30'40'45'49'250'30'40' 40'WETLAND(APPROXBOUNDARY)WELCOME AVE SE30' WETLAND BUFFER (AVG)160'120'110'160'200'45'49'EXISTING 20'UTILITY EASEMENTEXISTING10" SANWETLAND BUFFER25' NO-GRADE BOUNDARY28'28'80'5,085 SF WETLAND IMPACT(FILL)TO BE MITIGATED WITHWETLAND BANK CREDIT Prior Lake Mini-Storage Addition Wetland Permit Application APPENDIX D Transaction Form to Withdraw Credits BWSR form updated 5/31/2017 Page 1 of 2 1. Credit User This space for BWSR use only. Name: Matt Brummer Organization: State Storage Group Address: 15362 Fish Point Road SE, Prior Lake MN 55372 Email: matt@statestoragegroup.com Phone: 612-618-6896 LGU File #: Consultant: Adam Cameron, Kjolhaug Environmental, adam@kjolhaugenv.com 2. Wetland Impact Information To be completed for the project impacting wetlands and with which this withdrawal is intended to replace. Project Name: Prior Lake Mini-Storage Addition Impact Size (acres): 0.2334 Impact County: Scott Impact Wetland type: Type 2 PEM1B Impact Major Watershed/BSA: 33 / 9 Replacement Ratio: 2:1 Sec/Twp/Range: S:01 T:114N R:22W *Projects with multiple locations should use the most central location in relation to the project as a whole. Are Federally authorized credits required for this impact? No (See comments) Corps Regulatory File Number: MVP-2021-01064-RMH Comments: AJD requested from the USACE. 3. Credits to be Withdrawn To be completed by the seller of the credits (account holder) Account Information Account: 1689 County: Sibley Bank Service Area: 9 Credit Subgroup Wetland Type/Plant Community Type Federally Approved? Cost per Credit Credit Amounts C Type 4 Deep Marsh Yes $75,000 0.2334 Per Credit Withdrawal Fee by BSA Enter the Withdrawal Fee for the BSA of the account: Total Credits: 0.2334 BSA 1 $520 BSA 6 $1,083 (Withdrawal Fee x total credits) BSA 2 $371 BSA 7 $1,992 $2,628 Withdrawal Fee: $613.38 BSA 3 $725 BSA 8 $2,577 Easement Stewardship Fee: (Easement Stewardship fee x total credits) BSA 4 $1,412 BSA 9 $2,628 $302 Stewardship Fee: $70.49 BSA 5 $685 BSA 10 $3,099 Total Fees: $683.87 Please make checks payable to the Minnesota Board of Water and Soil Resources. BWSR does not accept cash. BWSR fee policy: http://www.bwsr.state.mn.us/wetlands/wetlandbanking/fee_and_sales_data/Wetland_Banking_Fee_Policy_Effective_June1_2017.pdf If the layout of this form looks incorrect, click on View, Edit Document, then save it to your computer. Transaction Form to Withdraw Credits Minnesota Wetland Bank Program BWSR form updated 5/31/2017 Page 2 of 2 4. Regulatory Authorization By signing below, the identified agency and authorized representative hereby certifies that they have: a) verified that the subject wetland credits are deposited in the account of the owner/seller, b) approved a wetland replacement plan or similar agreement under their jurisdiction, and c) approve the proposed use of the wetland bank credit described above. WCA LGU/Agency: LGU Representative: Email Address: Signature Date For NRCS, DNR, etc. as applicable Agency Name and Location: Representative: Email Address: Signature Date 5. Credit User Signature By signing below the proposed credit user attests that he/she owns or has purchased the credits identified in this form and has received approval from the regulatory authority(ies). Signature Date 6. Account Holder Signature By signing below I, the seller and holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank, certify that: 1) The credits described in this transaction form have been sold to the credit user or will be used for my own project; 2) I have received payment in full from the buyer (if applicable); 3) The credits described in this transaction form have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the wetland impact information block on the previous page; 4) The credits described in this application should be withdrawn from my account ; and 5) I will not have a negative balance of credits after the subject credits are debited from my account . Name/Representative: Email Address: Signature Date Send complete forms and fee payments to: Wetland Bank Administration Minnesota Board of Water and Soil Resources 520 Lafayette Road North Saint Paul, MN 55155 Confirmation email will be emailed to the user, seller, and regulatory representative when the transaction is complete. If anyone else should be notified please indicated their emails below: Adam Cameron, Kjolhaug Environmental, Adam@kjolhaugenv.com Disclaimer: All transactions in the Wetland Bank system are public information Disclaimer: All transactions in the Wetland Bank system are public information Project Name: Prior Lake Mini-Storage Addition