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HomeMy WebLinkAbout05(I) - Resolution Approving the Wetland Replacement Plan for 6010 170th Street East ReportCITY COUNCIL AGENDA REPORT MEETING DATE: PREPARED BY: PRESENTED BY: AGENDA ITEM: September 19, 2022 Pete Young, Water Resources Engineer Andy Brotzler, Public Works Director/City Engineer Approve 6010 170th Street East Wetland Replacement Plan Environmental Stewardship & Recreation ITEM: SI GOAL AREA OBJECTIVE: 2.Protect and enhance the quality of Prior Lake's surface waters. RECOMMENDED ACTION: Adopt a resolution approving the wetland replacement plan for the 6010 170th Street East development. BACKGROUND: On January 18, 1994, the City Council passed Resolution 94-01 adopting the permanent rules of the Wetland Conservation Act (WCA) of 1991. Along with this, the Council also assumed the role of Local Government Unit (LGU) for making WCA determinations for landowners. The purpose of WCA is as follows: 1.Achieve a no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands; and 2.Increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands; and 3.Avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands; and 4.Replace wetland values where avoidance of activity is not feasible or prudent. In accordance with the WCA rules, the City Council must approve all plans for restoration of impacted wetlands before any wetland impact may occur. LGU decisions under the WCA must be made in compliance with Minn. Stat. § 15.99; generally, this means that an application for a WCA decision must be approved or denied within 60 days, or it will be deemed to be granted. The applicant (Kiehm Construction, Inc.) submitted a complete WCA application for a replacement plan for the 6010 170th Street East development project. The proposed project includes the construction of an office and warehouse facility, consisting of three buildings with the following dimensions: 100' x 942', 90' x 946', and 50' x 970'. The project will result in a total of 74,905 square feet (approximately 1.7196 acre) of wetland impacts. An additional 11,150 square feet (0.2560 acre) of impact will occur under a WCA No Loss category, which does not require replacement. The proposed impacts will result from grading for construction of the buildings and stormwater management facilities. The application was noticed to the WCA Technical Evaluation Panel (TEP) on July 26, 2021. The TEP is advisory in nature and makes technical findings and recommendations. TEP members City of Prior Lake I 4646 Dakota Street SE I Prior Lake MN 55372 170TH STEFISHPOINTRDSECOTTON W OO D LN SE MA R KLEYL A KECTSE MARK LEYLAKED R S E WHITEWOODAVEADELMANNSTSEINDUSTRIALCIRSECREDITRI V E RR D S E BIRCH RD MO U N T CURVE B L V D SE W SIDE DRWELCOME AVE SE21 Scott County GIS 16 27 12 83 42 44 17 82 18 78 14 21 This product is for informational purposes and is not suitable for legal, engineering, or surveying purposes. This product has been produced by the City of Prior Lake for the sole purpose of geographic reference. No warranty is made by the City of Prior Lake regarding specific accuracy or completeness. 0 400 800 1,000 2,000 Feet 6010 170th St E (Keihm Construction) Minnesota Interagency Water Resource Application Form February 2014 Page 1 of 9 Project Name and/or Number: PL 170th Street 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: Kiehm Construction, Inc. – Marty Kiehm Mailing Address: 8415 West 220th Street, Lakeville, MN 55044 Phone: 952-469-5600 E-mail Address: pat@kcibuilds.com Authorized Contact (do not complete if same as above): Pat Pollard Mailing Address: 8415 West 220th Street, Lakeville, MN 55044 Phone: 952-469-5600 E-mail Address: pat@kcibuilds.com Agent Name: Tony Kaster, Stantec Mailing Address: 7500 Olson Memorial Highway, Suite 300, Golden Valley, MN 55427 Phone: 612-297-8654 E-mail Address: Anthony.kaster@stantec.com PART TWO: Site Location Information County: Scott City/Township: Prior Lake Parcel ID and/or Address: 6010 170th Street E, Prior Lake (Scott PID 259060060 & 259070010) Legal Description (Section, Township, Range): S6 & S7, T114, R21 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): 13 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 proposed project is the construction of a commercial office facility in Prior Lake, Minnesota (Figure 1). Minnesota Interagency Water Resource Application Form February 2014 Page 2 of 9 Project Description The proposed project is the construction of an office and warehouse facility in the City of Prior Lake. The site will consist of three buildings of the following dimensions: 100x942’, 90x946’, and 50x970’. The buildings will be constructed internally to suit incoming tenants and their individual needs. The site will provide low impact tenant space to serve users such as small entrepreneurs, upstart business, small distribution hubs, HVAC, electrical, and plumbing contractors. Construction will include associated infrastructure including utilities, stormwater, and parking. The site will require paved drives to support large truck and trailer access. Project Purpose and Need The purpose of the project is to construct commercial office facilities in the City o f Prior Lake. The facility will provide growth opportunity for commercial business in Prior Lake to support the growing suburb. The City has identified this general area as the Deerfield Business Park/ Welcome Industrial Park, described as “over 150 acres in southeastern Prior Lake […] with great access to both Highway 169 and Interstate 35, this area is home to manufacturers, distributors, and well as highway and service-oriented businesses”. The Prior Lake Economic Development Authority (EDA) has ta rgeted this area for maximizing development potential and facilitating commercial development (City of Prior Lake 2040 Comprehensive Plan, Chapter 10). Facilitating commercial development and redevelopment has been identified by the EDA as a key initiative to provide services to residents and build a strong tax base. Compatibility with Existing Plans The project site is currently zoned as R-1 low density residential, according to City of Prior Lake (City) zoning maps. This site will be rezoned to PUD. Existing surrounding land use in the City includes General Business, Business Office Park, and General Industrial. The site is planned for future office/industrial space, as found in the City of Prior Lake 2040 Comprehensive Plan (2040 Plan) Future Land Use Map (Figure 3.2) and was specifically designated as Planned Industrial/Developable Land in the 2040 Plan Development Staging Plan (Figure 3.4). Aquatic Resources A wetland delineation was performed on October 10, 2019 (Figure 2 – Approved Delineated Wetlands). Four wetlands were delineated within the project area: Wetland ID Circular 39 Cowardin Eggers and Reed Acres in the Project Area 1 Type 2/3 PEM1B/PEM1Cd Fresh (wet) Meadow/Shallow Marsh 1.412 2 Type 2/3 PEM1B/PEM1Cd Fresh (wet) Meadow/Shallow Marsh 0.355 3 Type 2 PEM1B Fresh (wet) Meadow 0.021 4 Type 2 PEM1B Fresh (wet) Meadow 0.045 A MnRAM was performed for all four wetlands, which scored “Low” for vegetative diversity. The wetland boundaries were approved as delineated on 1/15/2020. Proposed Work in Aquatic Resources The project proposes impacts to each of the four wetlands delineated on the property. The table below describes each impact according to wetland basin and community type. Wetland ID Circular 39 Proposed Activity Sq Ft of ImpactAcres of Impact 1 Type 2 Excavate (No Loss) 11,150 0.2099 1 Type 2 Fill - Buildings (Mitigation – Bank Credit) 34,709 0.7968 1 Type 3 Excavate (Mitigation – Bank Credit) 8,692 0.1995 1 Type 2/3 Fill - Berms (Mitigation – Bank Credit) 6,958 0.1597 2 Type 2/3 Impact – Ponds & Development (Mitigation – Bank Credit) 14,500 0.3329 3 Type 2 Fill / Drain (Mitigation – Bank Credit) 6,270 0.1439 4 Type 2 Fill / Drain (Mitigation – Bank Credit) 3,783 0.0868 Total No Loss Activity 11,150 0.2099 Total Mitigation Activity 74,912 1.7197 Proposed wetland impacts will result from the construction of the new buildings and associated infrastructure. The total fill impact associated with the commercial site is approximately 0.83 acres. The remaining impacts will result from the construction of the stormwater management features. Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 9 The proposed stormwater system is a three-celled system separated by berms. Water from the site will flow into the detention/sedimentation basin first and then continue through the system into two smaller, shallow wetland cells, which further control flow velocity and volumes. These will be excavated to provide these benefits. Berms have been placed throughout to create separation between the different cells of the system, as well as along the exterior of the system to retain stormwater onsite. Site Plans showing wetland impacts are provided in the Appendix. Mitigation The Applicant is requesting a No-Loss concurrence for excavation activities in Type 2 wetland areas. Attachment B below provides further detail. A total of 0.2560 acres of excavation will occur within Type 2 wetland. The remaining impacts excavation in Type 3, fill in Type 2 or Type 3) will be replaced for through the purchase of mitigation credits. Wetland banks are anticipated to be purchased from a wetland bank within the same Bank Service Area (purchase agreements attached). The Wetland Credit Withdrawal Form will be signed and submitted once approvals are received. Minnesota Interagency Water Resource Application Form February 2014 Page 4 of 9 Project Name and/or Number: PL 170th St 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 Wetland 1 Wetland Excavate (No Loss) P 0.2560 NA Wet Meadow Scott, 33, 9 Wetland 1 Wetland Fill for Buildings Mitigation – Bank Credit) P 0.7968 NA Wet Meadow Scott, 33, 9 Wetland 1 Wetland Excavate Mitigation – Bank Credit) P 0.1995 NA Shallow Marsh Scott, 33, 9 Wetland 1 Wetland Fill for Berms Mitigation – Bank Credit) P 0.1597 NA Shallow Marsh Scott, 33, 9 Wetland 2 Wetland Fill & Excavate Mitigation – Bank Credit) P 0.3329 NA Wet Meadow Shallow Marsh Scott, 33, 9 Wetland 3 Wetland Fill/Drain Mitigation – Bank Credit) P 0.1439 NA Wet Meadow Scott, 33, 9 Wetland 4 Wetland Fill/Drain Mitigation – Bank Credit) P 0.0868 NA Wet Meadow Scott, 33, 9 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: 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. Minnesota Interagency Water Resource Application Form February 2014 Page 6 of 9 Project Name and/or Number: PL 170th St 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: WCA Chapter 8420.0111 Subpart 32 – Definition of Impact Provide a detailed explanation of how your project or site qualifies for the above. Be specific and provide 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 : Excavation is proposed in Wetland 1 for the purposes of stormwater management for the site. Excavation in the Type 2 portions of Wetland 1 will not be excavated deeper than 6.6 feet and will not result in a conversion to non-wetland types. The excavation has been designed to provide the appropriate rate and volume control as part of the stormwater management plan for the site. In order to maintain a more natural appearance and characteristics of these wetlands, the excavated areas will be seeded with a BWSR state seed mix. The Type 3 portions of these two wetlands will be mitigated for through the purchase of bank credits. Minnesota Interagency Water Resource Application Form February 2014 Page 7 of 9 Project Name and/or Number: PL 170th St 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 the project is to construct a commercial office facility in the City of Prior Lake. The project will include needed utilities, and stormwater management. 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: No Build Alternative: The option of not constructing the project was considered and ultimately rejected. The Prior Lake Economic Development Authority (EDA) has targeted this area for maximizing development potential and facilitating commercial development (City of Prior Lake 2040 Comprehensive Plan, Chapter 10). Facilitating commercial development and redevelopment has been identified by the EDA as a key initiative to provide services to residents and build a strong tax base. Failure to develop this site does not meet the project needs, nor the goals of the Prior Lake Economic Development Authority Total Wetland Avoidance Alternative: This option would develop the site, but limit the buildings and stormwater ponding to the upland portions of the site. This would result in a reduction of more than 50% of the proposed development and incorporate ponding to the area south of Wetland 1. This alternative is problem atic because it reduces the development to a point where it is not economically feasible. Under total avoidance the northern end of the site is unavailable because Wetland 1 spans across the site with no upland corridor available to reach the northern end. The stormwater amenities would need to be located on the south side of Wetland 1. This would result in a reduction in buildable area of 50% from that of the proposed plan (see wetland avoidance alternative figure). Additionally, the long term preservation of the wetlands is questionable due to their small size and linear shape. Small wetlands and long, linear wetlands are prone to landscape changes that alter drainage area. Given the long term development goals the City has for this area it is likely that indirect impacts or additional degradation will occur as a result of development of surrounding properties. For these reasons this alternative was rejected. Proposed Alternative: The proposed alternative would fully develop the site, and preserve wetland in the northwest corner of the site. The linear shape of the parcel requires full development of the site in order to make a project economically viable. Wetland avoidance was achieved by incorporating wetlands into the stormwater design of the site. The Prior Lake Economic Development Authority (EDA) has targeted this area for maximizing development potential and facilitating commercial development (City of Prior Lake 2040 Comprehensive Plan, Chapter 10). Facilitating commercial development and redevelopment has been identified by the EDA as a key initiative to provide services to residents and build a strong tax base. For these reasons the applicant proposes to develop the site in manner that creates enough units to make the project economically viable, while also providing stormwater management. Wetlands 3 and 4 reside on the east border of the site. Both are small wetlands that have been degraded from previous land uses as observed in Google Earth imagery. Wetland 4 is partially drained via an existing shallow ditch that extends west from the wetland, then turning north and discharging into Wetland 1. Wetland 3 has been impacted from past agricultural land uses. The design of the site requires that a drainage swale be created on the east side of the site to provide for adequate drainage from south to north. This drainage will convey stormwater to the detention/sedimentation basin at the NE corner of the site. A buried pipe was not possible because the on-site soils are very frost susceptible and are high in clay content. The grade along the east side of the building needs to be at least 2 feet lower than the finished floor to all ow Minnesota Interagency Water Resource Application Form February 2014 Page 8 of 9 moisture to escape and to keep stormwater away from the foundation walls. Due to the proposed land use and narrow shape of the property, no other options were available to convey stormwater to the north. For this reason, drainage impacts to Wetlands 3 and 4 are unavoidable. The robust stormwater ponding needed to achieve volume and discharge rate reductions requires that three basins be constructed at the north end of the site. Because the site drains from south to north, the ponding cannot be located elsewhere on the site. Because wetlands are also present at the north end of the site, avoidance of wetland impacts is not possible without either significantly reducing the developable area of the site (as shown in the wetland avoidance alternative) or by not developing the site. The long, narrow arm of Wetland 1 that traverses the site from NW to SE cannot be avoided without reducing the developable area of the site to a point where the project is not economically viable. The layout of the site requires north-south roads with turn-arounds at the north end of the developed area. Avoiding Wetland 1 would require that the upland area to the west of the southern lobe of Wetland 1 not be developed. Under the proposed plan water flows into the detention/sedimentation basin, then to the filtration basins, then leaves the site to the north where additional volume control is attained. Avoiding direct impacts to Wetland 2 would result in a design where the wetland is surrounded on three sides by stormwater basins, potentially partially draining the wetland. The detention/sedimentation basin and filtration basins would need to be flipped around. Under existing conditions the northeast portion of the site drains to Wetland 2, providing hydrology. In order to maintain hydrology the site would need to feed the wetland pre -treated stormwater. This is problematic because it would be discharging water to the east, in the direction of residential development on Whitewood Ave. Wetland 2 extends to the east and ends up in several backyards. Moving the filtration basins would lose the no-loss component of the project. The site was challenging for designing a stormwater system that meets the City requirements. This alternative would also result in the reduction of 25% of the storage units to accommodate this design, reducing the economic viability of the project. Due to the City’s goal for commercial development in this area, narrow nature of the site, need for stormwater volume and discharge rate reductions, and need to create a project that is economically viable, the proposed impacts to the site are unavoidable. 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): An initial plan concept proposed more fill in Wetland 1. This was due to the placement of berms between stormwater cells and an overall more geometric shape of the proposed system. The preferred alternative has been revised to include more naturally-shaped basins and to meander the berm to a greater extent around existing wetlands. 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 Minnesota Interagency Water Resource Application Form February 2014 Page 9 of 9 Project Name and/or Number: PL 170th St 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 1605 Sibley 33 9 SWC 0.9395 1665 Sibley 33 9 SWC 2.5000 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. T114R21S5T114R21S6 T114R21S7 T114R21S8 T114R21S17T114R21S18 T114R22S1 T114R22S2 T114R22S11 T114R22S12 T114R22S13T114R22S14 T115R21S31 T115R21S32T115R22S35T115R22S36 CreditRiver PriorLake Savage SpringLake Path: C:\Users\WatME0697\Desktop\GISTemp\KiehmConstruction\Wetland Permitting\Wetland Permitting.aprx 4/1/2021 2:51PM WatME0697 Layout: SiteLocation Figure1 APR2021 SiteLocation KIEHMCONSTRUCTION 2,000 0 2,0001,000 Feet Legend ProjectArea SectionBoundary Wetland1 Type2/PEM1B 1.268ac. Wetland2 Type2/PEM1B 0.317ac. Wetland3 Type2/PEM1B 0.021ac. Wetland4 Type2/PEM1B 0.045ac. Wetland1 Type3/PEM1C 0.093ac. Wetland1 Type3/PEM1C 0.052ac. Wetland2 Type3/PEM1C 0.037ac. Path: C:\Users\WatME0697\Desktop\GISTemp\KiehmConstruction\Wetland Permitting\Wetland Permitting.aprx 4/1/2021 3:21PM WatME0697 Layout: Approved Delineated Wetlands 2020AerialPhotograph (Source: ScottCo.) Figure2 APR2021 ApprovedDelineatedWetlands KIEHMCONSTRUCTION 200 0200100 Feet Legend Project Area ApprovedWetlandBoundaries Type2/PEM1B Type3/PEM1C MB960. 29PP963.13PP961. 04CP961. 81POST960.97POST960.28CULVERT 10'' 957.91CULVERT 10''954. 81CULVERT 10''954. 69POST 957.60POST 957.74 MB958.07CP950. 52CP950.64GUY WIRE957. 07GUY WIRE957. 06GUY WIRE957. 26GUY WIRE957. 36GUY WIRE956. 84CP952.50CP948.92CP952. 50CP948.92FES 15955.18FES 15955. 89FES 15956. 65FES 15956. 69960959958957956959962961960959958958959 960957958959960961962SANINV940.3TNHCPCPPOSTPOSTPOSTPOSTPOSTRW B 957. 6 RW 957.2 RW 957. 2RW E956. 7RW B 955. 3 RW 955. 1 RW E 955. 9 9529 5 1 95 0 95 1952953954 9529519509499499509519529539549559559569579499 509 4 8 947947948949950951952953949 948947946945944943943944945946946947948948947946945944944945946945945944943943944945946947 943942941959 958 957 956 95 4 95 3 95295 1 96 1 96 0959958957956 956 957 958957962957 956955 956957 958 959 959 959 958957956955960960959 958 957956ACCESS EASEMENT OVER THE WEST 20 FEETOF THESOUTH 294. 55 FEET OF THE SOUTHWEST QUARTER, PERDOC. NO. 26639420' GATEFF= 955. 0FF= 955. 0FF= 954. 5FF= 954. 0FF= 953. 5FF= 953. 0FF= 952. 5FF= 952. 0FF= 951. 59 5 5 0 950. 5 FF= 954. 5FF= 954. 0FF=953. 5FF=953.0FF= 952.5FF= 952.0FF= 951. 5FF= 951. 5FF=952. MB960. 29PP961.04CP961. 81POST960. 97POST960.28CULVERT10'' 957. 91CULVERT 10'' 954.81CULVERT 10'' 954.69POST 957. 60POST957. 74 MB958. 07CP950.52CP950. 64GUY WIRE957. 07GUY WIRE957.06GUY WIRE957.26GUY WIRE957.36GUY WIRE956. 84CP952. 50CP948.92CP952.50CP948. 92FES15955. 18FES15955. 89FES 15956. 65FES 15956. 69958957956959962961960959958958959 960 957958959960961962SANINV940.3TNHCPCPPOSTPOSTPOSTPOSTPOSTRWB 957. 6 RW 957. 2RW 957. 2RW E 956.7 RWB 955. 3 RW 955. 1 RW E 955. 9 9529 5 1 95 0 95 1952953954 95295195094994995095195295395495595595695 794995 094 8 947947948949950951952953949 948947946945 944943943944945946946947948948947946945944944945946945945944943943944945946947943942941959 958 957 956 95 4 95 3 952 951 96 1 96 0 959958957956956 957 958 957962957956 955 956957 958 959 959 959 958957956955960960959 958 957956ACCESS EASEMENT OVER THE WEST 20 FEETOF THESOUTH 294. 55 FEET OF THE SOUTHWEST QUARTER, PER DOC. NO. 26639420' GATEFF=955. 0FF=955. 0FF=954. 5FF=954. 0FF=953. 5FF= 953. 0FF= 952. 5FF= 952. 0FF= 951. 59 5 5 0 950. 5 FF= 954. 5FF= 954. 0FF= 953. 5FF= 953. 0FF= 952. 5FF= 952. 0FF= 951. 5FF= 951. 5FF=952. JACOBSON Engineers · Surveyors 21029 Heron Way Lakeville, MN 55044 Phone: (952) 469-4328 E-Mail: jacobson@engrsurv.com To: City of Prior Lake Attn: Engineering Dept. From: Grant D. Jacobson, P.E., P.L.S. Date: May 4th, 2021, Revised May 27th, 2021, Revised Sept. 1st, 2021 Revised December 8th, 2021, Revised May 5th, 222 Re: Drainage Narrative for PL 170th Street LLC Hydrology and Ponding The existing site involves one parcel located along the north side of 170 th Street East in Prior Lake, MN. The parcel is 13.52 acres in size and contains residential and open area land. The proposed development will develop the entire parcel into one Lot (10.06 acres), one Outlot (3.16 acres), and dedicate 0.41 acres for road. The new development will construct three buildings, drive lanes, ponds, and landscape areas. This development is proposing to add a total of 7.72 acres of new impervious surface to the site. A proposed three cell system of ponds will be constructed. The priority of the system is to reduce the post flows and volume from the previous to lessen impacts downstream (especially flows to Markley Lake). In addition, an improved wetland is created to improve water quality. The first basin is a sedimentation/retention basin, the second basin is a filtration basin, and the third basin is a shallow wetland (2.0 feet deep at the normal water line). Stormwater will be directed to catch basins within the site. The runoff will then be directed to the sedimentation/retention basin via piping. It then discharges to the filtration basin, and then to the wetland. The filtration basin is sized for the volume required for the new impervious created, which is 1” over the new impervious area. See HydroCAD model for all events). The average depth of the sedimentation/retention basin is 188,608 divided by 41,355 (area at elevation 943.5) = 4.56 feet. The filtration basin shall infiltrate 1.0” of runoff from the new impervious area. This area is 7.72 acres. The volume generated from this is 28,024 cu. ft. The volume in the filtration basin below overflow outlet 945.7) = 33,496 cu. ft. The area needed to infiltrate the volume of the added impervious in 48 hours is: 33,496 = 11,962 sq. ft. 48 hours ) x (1 ft/12 inches) x 0.70 inches/hour the infiltration rate for the amended soil material 0.7 inches/hour) The area of the bottom of the filtration basin = 26,020 sq. ft. The existing drainage area watershed 1X, is made up of the parcel to be developed and off site contributing areas (see watershed Exhibit). Watershed 2X is located at the northeast corner of the site and directs the flow to the northeast away from the wetlands. Watershed 1X directs the surface water north to the wetlands and then off site to the north. The peak runoff rates and discharge volume from the existing storm events are shown below. 1-Year Event =8.53 cfs 1.51 acre-ft 2-Year Event = 10.92 cfs 1.91 acre-ft 10-Year Event = 21.46 cfs 3.66 acre-ft 100-Year Event = 48.09 cfs 8.23 acre-ft The proposed site has the same watershed area as the existing. Watershed 1P contains all of the proposed hard surface areas as well as offsite areas to the west. Watershed 2P contains the area within the filtration basin, Watershed 3P contains the wetland and offsite drainage from the west, Watershed 4P contains the area on the back side of the basins that drains offsite, and Watershed 5P is the area offsite to the east that will be directed away from entering the basin system. The flow from 1P is directed to catch basins, and then to the detention/retention basin. Then is directed to the filtration basin. The peak runoff rates and discharge volume from the proposed storm events are shown below. 1-Year Event =0.92 cfs 1.58 acre-ft 2-Year Event = 1.45 cfs 1.72 acre-ft 10-Year Event = 4.37 cfs 2.84 acre-ft 100-Year Event = 16.17 cfs 7.34 acre-ft These post runoff rates are much lower than the pre-existing conditions. The post discharge volume of the 100-year 24 hour storm event is less than the existing discharge volume. Per MPCA guidelines the discharge of the basin shall be 5.66 cfs per acre of surface area of the basin for the 2.5” event. At elevation 943.5 the surface area is 0.94 acres. Therefore 5.66 0.94) = 5.32 cfs. The discharge for the 2.5” event is 1.05 cfs. Therefore the size is adequate. S:\Water Resources\01 Wetland Program\WCA Sites\Kiehm Construction (170th Street E)\Council 20220919\6010 170th Street East Wetland Replacement Plan - ATTACH 3.docx 540 GATEWAY BLVD | BURNSVILLE, MN | 55337 | 952.737. 4660 | WSBENG.COM Memorandum To: Pete Young, City of Prior Lake From: Alison Harwood, WSB Date: September 6, 2022 Re: Council Recommendation – Kiehm Construction Replacement Plan WSB Project No. 18588-000 The applicant (Kiehm Construction, Inc.) submitted a complete WCA application for a replacement plan for the 170th Street project. The proposed project includes the construction of an office and warehouse facility located at 6010 170th Street East in Prior Lake. The project will construct three buildings of the following dimensions: 100’ x 942’, 90’ x 946’, and 50’ x 970’. The project will result in a total of 74,905 square feet (approximately 1.7196 acre) of wetland impacts. An additional 11,150 square feet (0. 2560) will occur under a No Loss with no mitigation required. The proposed impacts will result from grading for construction of the buildings and stormwater management facilities. The application was noticed to the Wetland Conservation Act Technical Evaluation Panel (TEP) on July 26, 2021. The TEP is advisory in nature and makes technical findings and recommendations. TEP members include representatives from the City, Board of Water and Soil Resources (BWSR), the Scott Soil and Water Conservation District (SWCD), and the Minnesota Department of Natural Resources (DNR). Comments were allowed until August 13, 2021. Typically, the review timeframe for WCA Decisions is 60 days. For this project, however, the TEP had several comments on the July 26th application and subsequently the review period was extended several times to allow time for the applicant to respond to comments . Comments were related to the purpose and need of the project and project alternatives. The TEP met several times between July 26, 2021 and August 26, 2022 to review the project and proposed wetland impacts. During that time, the applicant responded to TEP comments and provided additional information for review. Ultimately, the TEP was supportive of the replacement plan and recommended approval. The applicant will replace wetland impacts at a 2:1 ratio from an approved wetland bank within the same Bank Service Area (BSA) as the project, which meets the replacement plan siting requirements of the WCA. The total amount of wetland replacement provided will be 149,810 square feet (approximately 3.44 acre). On behalf of the City of Prior Lake, Local Government Unit for the Wetland Conservation Act, I recommend that the City Council approves the wetland replacement plan for the Kiehm Construction project. As a condition of approval, the applicant will be required to provide verification of wetland credit purchase from the Board of Water 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: Kiehm Construction (Marty Kiehm) Applicant Representative: Stantec (Tony Kaster) Project Name: 6010 170th Street (Kiehm Construction) LGU Project No. (if any): 18588 Date Complete Application Received by LGU: July 13, 2021 Date of LGU Decision: September 19, 2022 Date this Notice was Sent: September 20, 2022 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: 1.7196 ac. Wetland Replacement Type: Project Specific Credits: Bank Credits: 3.4395 ac Bank Account Number(s): 1605, 1665 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: Provide verification of wetland credit withdrawal. 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 wetland impact figure Summary: The proposed project includes the construction of an office and warehouse facility located at 6010 170th Street East in Prior Lake. The project will construct three buildings of the following dimensions: 100’ x 942’, 90’ x 946’, and 50’ x 970’. The project will result in a total of 74,905 square feet (approximately 1.7196 acre) of wetland impacts. An additional 11,150 square feet (0.2560) will occur under a No Loss with no mitigation required. The proposed impacts will result from grading for construction of the buildings and stormwater management facilities. The TEP met several times to review the proposed project and the Decision deadline was extended multiple times to allow time for the applicant to address TEP comments. The applicant provided additional information and the TEP met on August 26, 2022 to review the final submittal. BWSR NOD Form – November 12, 2019 2 The TEP ultimately found that the applicant applied sequencing appropriately and recommended approval of the replacement plan. 1 Findings must consider any TEP recommendations. Attached Project Documents Site Location Map Project Plan(s)/Descriptions/Reports (specify): Approved impact 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, Alyssa Core LGU TEP Member (if different than LGU contact): Alison Harwood, WSB DNR Representative: Mark Nemeth Watershed District or Watershed Mgmt. Org.: Scott WMO (Vanessa Strong) Applicant: Marty Kiehm Agent/Consultant: Stantec (Tony Kaster) Optional or As Applicable: Corps of Engineers: BWSR Wetland Mitigation Coordinator (required for bank plan applications only): Members of the Public (notice only): Eric Trelstad, Wetland Credit Agency 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.