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6.4. SR 05-20-2002l ver 13065 Orono Parkway Elk River, MN 55330 TO: FROM: DATE: SUBJECT: Item # 6.4. Memorandum Mayor and City Council Stephen Rohlf, Building and Zoning Administrator 5,C May 20, 2002 Wetland Conservation Act Decision - Windsor Park Third Addition WCA 02-4 Proposal - The developer of Windsor Park Third Addition was proposing to fill 99,843 square feet of type 6 and 7 wetland in 13 locations to accommodate roads, trails and lots in this plat. The Technical Evaluation Panel (TEP) reviewed the proposal and made recommendations to reduce the amount of wetland fill. '~ Roads - Due to safety concerns by the City and County Engineers, the TEP agreed with the wetland fill proposed to accommodate roads. The developer will be using 3 to 1 instead of 4 to 1 side slopes on the roads where they go through wetlands to reduce the amount of filling. Lots and Trails - The TEP recommends against filling wetlands to accommodate trails or lots. It appears that the ~rail system can be accommodated without filling wetland. Lot 2, Block 8 will need to be eliminated or relocated and Lot 1, Block 8 will need to be shifted to avoid filling wetlands for lots. Two lots have already been eliminated from an early version of the plat to avoid filling wetland. House pads in the plat appear to be sufficiently set back from the wetlands to avoid filling them during construction. Summary of Reductions of Wetland Impacts - By using 3 to 1 instead of 4 to 1 side slopes for roads through the wetlands, 3,700 square feet of wetland impact is avoided. Moving and/or narrowing the trail along CSAH #33 avoids 4,559 square feet of impact. The elimination of the two lots from an earlier version of the plat by the developer ovoids 1,700 square feet of impact. Lastly, relocating or eliminating Lots 1 and 2, Block 8 avoids an additional 1,408 square feet of wetland impact. These measures combined total a reduction of 11,367 square feet of wetland impact. The TEP is recommending approval of the plat with the revisions to avoid filling wetlands stated above. Mitigation - The TEP also reviewed the locations and construction of the wetland replacement (mitigation) areas proposed. All wetland mitigation is proposed on site. Some wetland buffer areas will b,.e, used for public value credits, but credit will not be given for storm water ponds. The TEP is recommending approval of the wetland mitigation plan as proposed. Phone: 763.441.7420 Fax: 763.441.7425 www. ci.elk-river mn.us County Ditch - A related issue that came up at the TEP review is the fact that the plat ultimately drains to Branch 13 of Sherburne County Ditch #1. Sherburne County will need to review and approve the drainage calculations for the plat and the property must go through a reapportionment for ditch assessments. A map is attached to this memo showing the wetland areas proposed to be filled and the mitigation areas, including the buffer areas. Comments - The comment period ended April 27, 2002. The only two responses received were from the Minnesota Department of Natural Resources (DNR). The first was the attached letter from the DNR Division of Waters, dated March 19, 2002, basically stating that the wetlands in the plat are not considered "Public Waters". The DNR Regional Administrator, C.B. Bylander, also commented in a letter dated, April 23, 2002, which is attached. In response to this second letter, staff appreciates the DNR pointing out that the wetlands in question are habitat for Blanding's Turtles. Their assumption, from 150 miles away in Brainerd, that the Technical Evaluation Panel (TEP) did not follow the Wetland Conservation Act (WCA) in the review of this plat is way off base, however. Elk River's TEP is made up of a member of the Minnesota Board of Water and Soil Resources (BWSR) a member of the Sherburne County Soil and Water Conservation District (SWCD) the City Engineer and the City Building and Environmental Administrator. This body takes following the WCA very seriously. Staff offers the following responses to the main points in the April 23, 2002 letter: Roads crossing wetlands - Numerous issues have to be considered simultaneously when reviewing a plat and the outcome tends to be a compromise. The developer of this plat originally tried to use the existing farm road to access the property. For safety reasons, the city is requiring more than one access and the elimination of bong dead ends as recommended by the DNR. For similar reasons the county requires a greater separation of these accesses than the existing farm road could provide. The DNR's concern that baby Blanding's Turtles will not Joe able to climb the curb should be alleviated by the fact that the curbs in the plat will be surmountable, not barrier. Houses up to the edge of the wetlands - The DNR obviously made this comment without the knowledge that the TEP recommended and the developer revised the plat to minimize infringing on the wetland edges. Buffer areas protected by easement are proposed adjacent to the wetlands. Lots that were too close to wetland were eliminated. All fill required for lots or trails were avoided. Side slopes of streets that are required to cross the wetlands have been increased to reduce wetland impact. Finally, this plat is under the city's new regulation that requires a 20 foot setback from drainage easements, which will encompass the wetlands. Park - Hopefully the DNR's suggestion to make all of the property in this plat that is south of County Road #33 a park is backed up with the funds to acquire the property. FINDINGS Kj olhaug Environmental Services prepared a Wetland Delineatioh Report for the property in November of 2001. The Technical Evaluation Panel reviewed this plat on March 14, 2002. Combined notification of the proposed filling and replacement plan was mailed out to the appropriate governmental agencies on March 27, 2002. The comment period ended April 27, 2002. The only responses received were from the Minnesota Department of Natural Resources (DNR). Staff's responses to the DNR letters dated, March 19, 2002 and April 23, 2002 are contained above. The Technical Evaluation Panel found the proposed wetland fillirtg and wetland mitigation plan application dated, March 7, 2002, (as revised) acceptable under the rules of the Wetland Conservation Act with the stipulations listed below. RECOMMENDATION Staff recommends approval of the revised filling and mitigation plan for this project with the following stipulations: 1. That a restrictive covenant and drainage and utility easement be recorded over the mitigation and buffer areas. 2. That the Developer's Agreement for the project includes language that places the responsibility for the success of the wetland mitigation on the developer. 3. That the letter of credit, which covers the public improvements associated with the project, also includes the cost of the mitigation work. e That the developer submit a written monitoring report on the replacement.. wetlands one year after this mitigation work is completed and that this report be approved by city staff prior to the release of the letter of credit. Blanding's Turtle recommendations: a. Oversized elliptical or box culverts are used where roads for the plat cross the wetlands. b. Surmountable curbs are used in the plat. c. Natural vegetation is maintained in the buffer areas adjacent to the wetlands. d. The developer is required to inform construction workers for plat improvements and home construction of the existence iof Blanding's Turtles in this area. e. Silt fence is used adjacent to all wetlands within the plat. f. Roads crossing wetlands have 3 to I back slopes to reduce impacts. g. Disturbed areas within the plat are revegetated with native grasses and forbs. h. Shallow Type 2 and 3 wetlands within the plat are not dredged. Minnesota Department of Natural Resources Division of Waters 940 Industrial Drive S, #103, Sauk Rapids, MN 56379 320/255-2976 March 19, 2002 Mike DeRuyter Kjolhaug Environmental Services Company, Inc. 26105 Wild Rose Lane Shorewood MN 5331 Dear Mr. DeRuyter: Application Form for Water/Wetland Projects, City of Elk River, Sherburne County Thank you for forwarding the project notification form to our office for review. This project (Windsor Park 3rd Addition) is located in Sections 7 & 8, T33N, IR26W, Sherburne County. I have reviewed maps of the site and I find that there are no Department of Natural Resources protected public waters or public water wetlands in l~his location. Therefore, the approval of the Division of Waters will not be needed. This determination is based upon the information you provided. However, the project may require permits or approvals from other federal or local agencies for any land alteration work on this property. If wetland areas are affected they may be under the jurisdiction of the US Army Corps of Engineers and the Wetland Conservation Act, which is administered by the City of Elk River. Copies of the notification form must be given to those agencies also for their approval. Please contact me if you have any other questions about this matter. Sincerely, Patty Fowler Area Hydrologist hn \ c: ~,City of Elk River Mike North, Environmental Review Specialist Mitch Sladek, Conservation Officer Jim Smith, Wetland Enforcement Officer April 23, 2002 Minnesota Department of Natural Resources REGIONAL ADMINISTRATION, 1601 MINNESOTA DR, BRAINERD, MN 56401 Mr. Stephen Rohlf Elk River Building and Zoning Administrator 13065 Orono Parkway Elk River, Minnesota 55330 De~Mr. Ro~ The Minnesota Department of Natural Resources has reviewed the Wetland Conservation Act application submitted by Dynamics Design and Land Company for the Windsor Park 3ra Addition residential development project, and have the following comments. The wetlands that are proposed to be filled are biologically valuable. They have been designated as a site of modest biodiversity significance by our Minnesota County Biological Survey, and the state-threatened Blanding's turtle has been documented in surrounding sections of land. This area is one of five high-priority Blanding's turtle conservation areas in our 15-county region. A variety of wetland types need to be conserved in order to meet all of the annual life requisite needs (i.e., from summering and feeding habitat to overwinter habitat) of Blanding's turtles at different stages of their development (i.e., from hatchlings through adulthood). We do not believe the proposed plan, which crosses the wetland in three areas with roads and places approximately 82 houses right up to wetland edge is compliant with the principals of the Wetland Conservation Act. Specifically, we believe the applicant needs to explore the following options: 1. Create a looping road that crosses the wetland only at the e:dsting driveway (proposed fill area A), follows the upland southeast to the south property line, follows the south property line to the eastern upland area, and then angles northeast back to County Road 33. This would limit fill to proposed fill area A and possibly the extreme fringe of wetland 1. Impacts to the fringe of wetland 1 would be preferable to crossing it and fragmenting it two additional times. 2. Develop the property using three cul-de-sacs, either by requesting a variance from the city for allowable length in the western upland area, or by accepting a reduction in lot density. 3. Common to options 1 and 2 above, we believe the applicant should look at developing their property north of County Road 33 rather than the middle upland area immediately south of County Road 33. The middle upland area contains a lot of wetland edge, which is productive DNR Information: 612-296-6157, 1-800-766-6000 · TTY: 612-296-5484, 1-800-657-3929 An Equal Opportunity Employer ~.~ Printed on Recycled Paper Containing a Who Values Diversity l~ll~l~ Minimum of 10% Post-Consumer Waste habitat and could provide nesting areas for Blanding's turtles, and we believe this would provide for a better centrally-located park. We would not object to pile-supported foot bridges crossing the wetland from residential areas to access the park. In evaluating the three concepts outlined above, please consider several of the sequencing principals outlined in the Minnesota Wetland Conservation Act administrative manual, Minnesota Rules Chapter 8420, and the sequencing findings of fact checklist: 1. That the applicant is required to attempt to modify the size, scope, configuration, or density to minimize wetland impacts. One mechanism to accomplish this is to reduce the number of lots. If 93 lots are required for an economic return, one has to question whether this is then a suitable site for such a proposal. Other mechanisms are to redesign the layout of roads, or build in alternative areas. (See Minnesota Rules Chapter 8420.0520, Subpart 4(A)(7)(a)). 2. That the applicant is required to attempt to remove or accommodate site constraints including zoning, access, infrastructure, or natural features. (See Minnesota Rules Chapter 8420.0520, Subpart 4(A)(7)(b)). We believe this includes the option of requesting a variance for cul-de-sac length. The WCA administrative manual on page IV-5, section D.4, discusses the option of applying for a variance in order to avoid or minimize wetland impacts as an expectation of public transportation projects. 3. That the applicant is required to attempt to confine impacts to the fringe or periphery of the wetland. (See Minnesota Rules Chapter 8420.0520, Subpart 4(A)(7)(c)). Additionally, we recommend that the roads be built with no curbs or that curbs sloped be sloped at 3:1, rather than built with shear curbs. Blanding's turtles, especially hatchlings, cannot climb shear curbs and thus frequently get trapped on roads and killed by vehicles. At fill area A, oversized elliptical or box culverts should be installed to provide for turtle passage. A 50-foot wide natural buffer should be lei~ around the wetland to the maximum extent possible, especially in park areas and undeveloped areas. Attached is a copy o£our Blanding's turtle guidelines. We believe these should be incorporated into the project approval in order for the project to be compatible with Minnesota Rules Chapter 8420.0540 Subpart 9 (A) and (C). Thank you for the opportunity to review the wetland replacement plan. If you have any questions, please contact staff ecologist Michael North at 218-828-2433. Sincerely, / C.B. Bylander Regional Administrator CCi S. Colvin D. Norris P. Diedrich P. Perry K. Grow REAT CAUTION CON'~ACTOR$ VERSION BLANDING'S TURTLES MAY BE ENCOUNTERED IN THIS AREA The unique and rare Blanding's turtle has been found in this area. Blar~ding's turtles are a State Threatened species and are protected under Minnesota Statute 84.095~Protection of Threatened and Endangered Species. Please be careful of turtles on roads and in ~onstruction sites. Turtles should be moved offsite to the nearest wetland. Information and recommendations on Blanding's turtles can be found on the back of this notice. Additional infor~ation On turtles can be obtained from the Nongame Wildlife Program, Box 7, DNR Building, 500 Lafayette Rd., St. Paul, MN 55155- 4007. (612) 297-4966. June 1995 LIFE HISTORY INFORMATION DESCRIPTION: The Blanding's turtle is a medium to large turtle with a black or dark blue, dome-shaped shell with muted yellow spots and bars. The bottom of the shell is hinged across the front third enabling the turtle to pull the front edge of the lower shell firmly against the top shell to provide add~onal protection when threatened. The head and appendages are dark brown or blue-gray with sn~all dots of light brown or yellow. A distinctive field mark is the bright yellow chin and neck. Adult Blanding's turtles have ~n average shell length o'f 9 to 10 inches. HABITAT: Shallow, slow-moving water with mud bottoms and abundant aquatic vegetation are prefers'ed by Blanding's turtles. Extensive marshes bordering rivers provide excellent habitat. In Minnesota, BIt::~ding's turtles are primarily marsh and pond inhabitants but may also be found in streams and lakes. Th:~-~ are frequently found with snapping and painted turtles. Blanding's turtles hibernate on the bottom of ':-'~arshes and ponds. Undeveloped sandy grasslands are vital for nesting sites. Without appropriate nesting habitat populations gradually decline through lack of recruitment of young turtles into the population. LiFE HISTORY: Individuals emerge from overwintering and begin basking in late April on warm, sunny days. Nesting occurs during June in Minnesota. Females are most active in late a~ternoon and at dusk. After traveling up to 1 mile to lay eggs, females may hide near a bush and return lo the marsh the next day, especially in the early morning. The nest is dug by the female in an open sandy area where 6-15 eggs are laid. After a development pedod of approximately two months, hatchlings leave the nest from mid-August to early-October. Often, they must make a long overland trek to find water. Blanding's turtles are mild mannered and do not attempt to bite. If r~olested or threatened they simply pull into their shell and wait for danger to pass. Eggs and young Bla~ding's turtles are eaten by raccoons, skunks, and predatory birds. Adults are particularly vulnerable to being struck by automobiles while crossing roads. RECOMMENDATIONS: The DNR offers the following land use guidelines so that as little harm as poSSible comes to these rare turtles. · Workers should be informed of the presence of Blanding's turtles in the area. · Roads should be kept to minimal standards on widths and lanes. · Roads should be ditched, not curbed or below grade. If curbs must ibe used 4" high curbs at a 3:1 slope are preferred. Blanding's turtles have great difficulty climbing traditional curbs. Curbs and below grade roads trap turtles on the road increasing road kills. When working near wetlands set up silt fencing to keep turtles out of construction areas, it is critical that silt fences be removed after the area has been revegetated. Ditches should not be mowed until after October 1st. Culverts connecting wetland areas should be over-sized and elliptical or box to facilitate turtle movements between wetlands (contact the DNR Nongame Specialist for additional information). Utility access and maintenance roads should be kept to a minimum. Vegetation management under power lines should be done mechanically and between October 1st and June 1st. Chemicals should not be used. Below ground utility construction sites should be returned to odginal grade. Erosion should be prevented from reaching wetlands and lakes. Graded areas should be revegetated with native grasses and forbs. Use of fer'dlizers and pesticides should be avoided. All wetlands should be protected from road run-off, lawn and other chemical run-off by a vegetated buffer strip. We recommend a minimum buffer of 50'. This area shOuld be left unmowed and in a natural condition. Shallow, vegetated wetlands (Type 2 & 3) should not be dredged or deepened. Landscaping should be left as natural as possible, trees should not be planted in known nesting sites. Terrain should be left with as much natural contour as possible, Road placement should avoid separating wetlands from adjacent uplands and should avoid bisecting wetlands. ~ Report sightings of Blanding's turtles to the DNR Regional Nongame Specialist.