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HomeMy WebLinkAbout05(G) - Resolution Approving Vierling Ridge Wetland Replacement Plan (2026-05) Report ITEM: 5G CITY COUNCIL AGENDA REPORT MEETING DATE: July 28, 2026 PREPARED BY: Stephanie Thulien, Project Engineer – Stormwater PRESENTED BY: Nick Monserud, Public Works Director/City Engineer AGENDA ITEM: Resolution Approving Vierling Ridge Wetland Replacement Plan (2026-05) RECOMMENDED ACTION: Adopt a resolution approving a wetland replacement plan for the Vierling Ridge Development (formally Marlow Ridge) (2026-05). 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 (Pulte Group) submitted a complete Wetland Conservation Act (WCA) application for a replacement plan for the Vierling Ridge development. The development was known as Marlow Ridge during preliminary approvals and will now be known as Vierling Ridge moving forward. The site is located on approximately 88 acres southeast of the intersection of County Road 42 (140th Street NE) and County Road 21 (Eagle Creek Avenue) The project intends to construct a mix of 86 single family residential homes, 80 twin homes, and 96 townhomes with associated public roads, utilities, site amenities, and stormwater ponding. The project will result in a total of 2.0281 acres of permanent wetland impacts to 4 wetlands. The proposed impacts will result from construction of public roadways, building lots, and stormwater management areas. Future development of a commercial area may be proposed but was not included with this application. The applicant requested sequencing flexibility for two of the impacted wetlands which are degraded from annual cultivation or prior degradation (Wetlands 3 and 5). Sequencing flexibility may be granted at the LGU’s discretion for various reasons, including if wetlands to be City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 5G Page | 2 impacted have been degraded to a point where replacement would result in a gain in function and value. The application was received on March 3, 2026 and noticed to the WCA Technical Evaluation Panel (TEP) on March 20, 2026. 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 April 17, 2026. The TEP met on April 9, 2026 to review the project and proposed wetland impacts. The TEP provided comments to the applicant, and the applicant addressed those comments in a revised application dated June 4, 2026. The TEP did not have any comments on the revised application. The TEP also agreed with sequencing flexibility for Wetlands 3 and 5. The Vierling Ridge development also exceeded the mandatory threshold for environmental review per MN Rule 4410.4300 Subpt 32 for Mixed Residential and Commercial Projects. As such, a mandatory prohibition was placed on governmental decisions and the Decision process related to the Wetland Conservation Act was paused. The City of Prior Lake adopted a negative declaration of the need for an Environmental Impact Statement on June 23, 2026, thereby lifting the prohibition. Pulte Group will replace wetland impacts at a 2:1 ratio by purchasing credits from an approved wetland bank within the same Bank Service Area (BSA), which meets the replacement plan siting requirements of WCA. The total amount of wetland replacement provided will be 4.0562 acres. The project meets the requirements for a replacement plan application in accordance with the WCA. No wetland impacts can occur before City Council approval. As a condition of approval, the applicant will be required to submit a fully executed Withdrawal of Wetland Credits form to the City and to BWSR. If this replacement plan is approved, City staff will execute the WCA NOD form (Attachment 3). FINANCIAL IMPACT: No impact. ALTERNATIVES: 1. Motion and second as part of the consent agenda to approve the wetland replacement plan for the Vierling Ridge development (2026-05). 2. Motion and second to remove this item from the consent agenda for further discussion. ATTACHMENTS: 1. Resolution 2. Project Location 3. WSB Memo 4. 33459 - NOD – Vierling (aka Marlow) Ridge Replacement Plan 5. Approved Impacts Figure 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 26- A RESOLUTION APPROVING THE WETLAND REPLACEMENT PLAN FOR THE VIERLING RIDGE DEVELOPMENT (2026-05) Motion By: Second By: WHEREAS, the City Council is the Local Governing Unit responsible for permitting under the Wetland Conservation Act (WCA); and WHEREAS, the wetland replacement plan avoids unnecessary wetland filling on the project to the greatest extent possible; and WHEREAS, sequencing criteria has been met; and WHEREAS, the proposed wetland impact is 2.03 acres; and WHEREAS, a replacement plan to purchase 4.06 acres of wetland bank credits is proposed to meet the WCA required replacement ratio of 2:1. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The wetland replacement plan for the Vierling (aka Marlow) Ridge development is approved. th Passed and adopted by the Prior Lake City Council this 28 day of July, 2026. VOTE Briggs Braid Churchill Lake Hellier Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager © OpenStreetMap (and) contributors, CC-BY-SA Figure 1 - Site Location 14091 Eagle Creek Ave NE (KES 2023-149)Prior Lake, Minnesota Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product. ¯0 1,000 Feet Legend Site Boundary Scott Parcels 2023 Source: MNGEO Spatial Commons, USFWS MVP-2025-00290-JST AJD Figures - Page 1 of 4 540 GATEWAY BLVD WSBENG.COM| 952.737.4660 | 55337 | BURNSVILLE, MN | Memorandum To: Stephanie Thulien, City of Prior Lake From: Alison Harwood, WSB Date: July 7, 2026 Re: Council Recommendation – Vierling Ridge Wetland Replacement Plan WSB Project No. 33459 The applicant (Pulte Group) submitted a complete Wetland Conservation Act (WCA) application for a replacement plan for the Vierling (aka Marlow) Ridge development. The site is located on th approximately 88 acres southeast of the intersection of County Road 42 (140 Street NE) and County Road 21 (Eagle Creek Avenue) The project intends to construct a mix of 86 single family residential homes, 80 twin homes, and 96 townhomes with associated public roads, utilities, site amenities, and stormwater ponding. The project will result in a total of 2.0281 acres of permanent wetland impacts to 4 wetlands. The proposed impacts will result from construction of public roadways, building lots, and stormwater management areas. Future development of a commercial area may be proposed but was not included with this application. The applicant requested sequencing flexibility for two of the impacted wetlands which are degraded from annual cultivation or prior degradation (Wetlands 3 and 5). Sequencing flexibility may be granted at the LGU’s discretion for various reasons, including if wetlands to be impacted have been degraded to a point where replacement would result in a gain in function and value. The application was received on March 3, 2026 and noticed to the WCA Technical Evaluation Panel (TEP) on March 20, 2026. 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 April 17, 2026. The TEP met on April 9, 2026 to review the project and proposed wetland impacts. The TEP provided comments to the applicant, and the applicant addressed those comments in a revised application dated June 4, 2026. The TEP did not have any comments on the revised application. The TEP also agreed with sequencing flexibility for Wetlands 3 and 5. The Vierling Ridge development also exceeded the mandatory threshold for environmental review per MN Rule 4410.4300 Subpt 32 for Mixed Residential and Commercial Projects. As such, a mandatory prohibition was placed on governmental decisions and the Decision process related to the Wetland Conservation Act was paused. The City of Prior Lake adopted a negative declaration on the need for an Environmental Impact Statement on June 23, 2026, thereby lifting the prohibition. Pulte Group will replace wetland impacts at a 2:1 ratio by purchasing credits from an approved wetland bank within the same Bank Service Area (BSA), which meets the replacement plan siting requirements of WCA. The total amount of wetland replacement provided will be 4.0562 acres. 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 Vierling Ridge development. As a condition of approval, the applicant will be required to provide verification of C:\\Users\\hsimon\\AppData\\Local\\Temp\\Report Attachment - ATTACH 3 - WSB MEMO_678392\\Report Attachment - ATTACH 3 - WSB MEMO.docx Stephanie Thulien July 7, 2026 Page 2 wetland credit purchase from the Board of Water and Soil Resources. A Notice of Decision is attached for review. C:\\Users\\hsimon\\AppData\\Local\\Temp\\Report Attachment - ATTACH 3 - WSB MEMO_678392\\Report Attachment - ATTACH 3 - WSB MEMO.docx Minnesota Wetland Conservation Act NOTICE OF DECISION Date this Notice was sent: \[DATE\] Local Government Unit: City of Prior Lake County: Scott Applicant and (if applicable) Applicant’s Applicant: Pulte Group (Mark Rausch c/o Alliant Engineering) Representative: Agent: Kjolhaug Environmental Services (Mary Clare McAleer) Project Name/Number: Vierling (aka Marlow) Ridge/WCA No. 33459 Type of Decision (check all that apply): ☐ Boundary/Type Note: Boundary/type, sequencing, ☐ Sequencing (submitted separately from a replacement plan) replacement plan, and bank plan decisions ☒ Replacement Plan require an associated notice of application prior to the decision being made. ☐ Bank Plan ☐ Exemption Identify which exemption by Rule or Statute Citation: ☐ No-Loss Identify which provision by Rule or Statute Citation: ☐ Denied Decision: ☐ Approved. Note: All replacement plan approvals are conditional upon confirmation from BWSR Valid for ☒ 5 yrs (default); ☐ Other. Specify: of withdrawal of specified credits and/or ☒ Approved with Conditions financial assurance received for project- specific replacement. List Conditions: Confirmation of withdrawal of specified wetland credits. Valid for ☒ 5 yrs (default); ☐ Other. Specify: LGU Representative Name & Signature: Decision Timeline An LGU must approve or deny a request within 60 days of receiving a complete application per MINN. STAT. § 15.99. Date Complete Application Received: March 20, 2026 Date of Decision: July 14, 2026 ☒ Other process or decision required to occur before WCA decision. If applicable, date of written extension to Describe: Per MN Rule 4410.3100 Subpart 1, a Decision on the 60-day decision timeline & number of days RPA was delayed, pending an EIS Need Decision related to the extended: mandatory EAW for the project. The NOA noted the MN Statute Reason for Extension (check one): 15.99 timeline extension. A Negative Declaration on the Need for an EIS was adopted on June 23, 2026. ☐ Additional information and/or revision to application submitted. ☐ Applicant request. ☐ Other. Describe: Notice of Decision Template provided by MN Board of Water & Soil Resources – 10/13/2025 Date & number of days extended for any additional written extensions agreed to by the applicant: Decision Summary Technical Evaluation Panel ☐ No recommendation Recommendation (check one): ☒ Approval or approval with conditions (attach recommendation) ☐ Denial (attach recommendation) ☐ Findings attached LGU Findings (check all that apply): ☒ Findings: The project intends to construct a mix of 86 single family residential homes, 80 twin homes, and 96 townhomes with associated public roads, utilities, site amenities, and stormwater ponding. The project will result in a total of 2.0281 acres of permanent wetland impacts to 4 wetlands. The proposed impacts will result from construction of public roadways, building lots, and stormwater management areas. The applicant requested sequencing flexibility for two of the impacted wetlands, Wetlands 3 and 5, which are annually cultivated or otherwise degraded from onsite activities. The TEP agreed with sequencing flexibility for Wetlands 3 and 5. The TEP provided comments on the application and the applicant addressed the comments in a revised application dated June 3, 2026. The TEP did not have comments on the revised application. ☒ Other attachments. Specify: Project Location, Approved Impacts Total wetland impacts requiring replacement (acres): 2.0821 acres For Replacement Plan Decisions Type of wetland replacement (check all that apply): Only: ☐ Project-Specific. Number of Credits: ☒ Banking. Number of Credits by Bank Account #: 4.0562 acres from Bank No. 1689 (Sibley County, Watershed 33, BSA 9) Notice Distribution Notice Recipients (check all that ☒ SWCD TEP Member (if different from LGU): Troy Kuphal apply): ☒ BWSR TEP Member: Alyssa Core ☒ DNR Representative: Mark Nemeth ☒ Watershed District or WMO (if applicable): PLSLWD (Joni Giese) ☐ bank.administrator.bwsr@state.mn.us (Bank Plan Applications Only) ☒ Applicant: Mark Rausch ☒ Applicant’s Representative (if applicable): Mary Clare McAleer ☐ Members of the Public Requesting Notices (if applicable): ☒ Others: City of Prior Lake (Stephanie Thulien) Notice of Decision Template provided by MN Board of Water & Soil Resources – 10/13/2025 Appeal Process Appeal Process (check one): ☒ Local Appeal Process (if established). Specify How to Appeal: Send a petition to: City of Prior Lake (Attn: Stephanie Thulien) 17073 Adelmann St SE Prior Lake, MN 55372 ☐ Board of Water & Soil Resources (see instructions below) Mail or email written request to appeal sent to BWSR within 30 days of date If there is no established Local this notice was sent. Include copy of this notice, name and contact information Appeal Process indicated of appellant(s) and their representative(s) (if applicable), a statement clarifying above, an appeal of this intent to appeal, and supporting information as to why the decision is in error. decision may be made to BWSR Mail check payable to MN Board of Water & Soil Resources for $500. per the instructions to the right. Send to: Appeals & Regulatory Compliance Coordinator Note: Decisions are not final until the 30-day appeal window ends. Minnesota Board of Water & Soil Resources 520 Lafayette Road North St. Paul, MN 55155 travis.germundson@state.mn.us. Notice of Decision Template provided by MN Board of Water & Soil Resources – 10/13/2025 # # # # # # # !>!> !>WL 4 WL 1 WL 2 WL 3 WL 5 AE C D G F B Legend Project Boundary !>Catch Basin #General Drainage Direction 2023 Delineation Boundary Wetland Boundary Wetland Buffer (30ft.) WetlandFill Note: Boundaries indicated on this figure are approximateand do not constitute an official survey product. Figure 3 - Proposed Plan and Wetland Impacts ¯ 0 500 Feet 1.4334 ac. of impact(WL 4 A) Marlow Ridge (KES 2026-022)Prior Lake, Scott County, Minnesota 0.0804 ac. of impact(WL 4 B) 0.0146 ac. of impact(WL 4 C) 0.0126 ac. of impact 0.2507 ac. of impact 0.2364 ac. of impact WL ID/Impact WL Type Impact Type Wetland Impact (sf)Wetland Impact (ac) 2 Type 3/1 Fill/Permanent 10,920 0.25073Type 1 Fill/Permanent 549 0.01264 (A)Type 4/2 Fill/Permanent 62,439 1.43344 (B)Type 4/2 Fill/Permanent 3,502 0.08044 (C)Type 4/2 Fill/Permanent 638 0.01465Type 1 Fill/Permanent 10,298 0.2364TOTAL----88,346 2.0281 Generalized Drainage Point Notes A Pond will outlet north towards the Fountain Hills Development B Ponds will outlet to a storm sewer and be directed to the pond adjacent to/SE of WL 4CExisting drainage from south (outlet) will be maintained and will outlet to WL 4DPond will outlet to WL 4EBioinfiltration basin will outlet to WL 4FWL 4 outlet will be raised and continue to outlet to WL 1 (offsite)G Bioinfiltration basin will outlet to WL 1 (offsite)