6.5. SR 08-16-2004City ~
Raver
13065 Orono Parkway
Elk River, MN 55330
TO:
FROM:
DATE:
Memorandum
Mayor and City Council
Stephen Rohlf, Building and
Environmental Administrator
August 16, 2004
Item 6.5.
SUBJECT: Wetland Conservation Act Decision-
River Park WCA 04-09
Proposal - The developer of River Park is proposing to impact 49,269.7 square feet of
Type 2 wetland in 3 locations to accommodate the roads for the plat. A map showing the
proposed wetland impact and replacement is attached to this memo.
The Elk River City Council is the Local Unit of Government charged with decision-
making authority for the Wetland Conservation Act (WCA). The wetland information
was provided to the Planning Commission so they have all relative information that may
affect the design of the plat.
FINDINGS
Schoell and Madson, Inc. prepared a Wetland Delineation Report for the property dated,
November 2003.
Combined notification of the proposed wetland impact and replacement plan was mailed
out to the appropriate governmental agencies on July 23, 2004.
The Technical Evaluation Panel (TEP) reviewed the delineation and replacement plan
July 29, 2004.
The minutes of that meeting are attached, which outline changes required by the
TEP. Some of the more notable changes include: cul-de-sacs without center
islands (smaller radius) to avoid wetland impacts, elimination of small isolated
replacement wetlands and a revision in the southwest comer of the plat to
accommodate a bridge crossing of Trott Brook for an east/west connector street.
The U.S. Army Corps of Engineer's (USACOE) representative on the TEP
rejected the delineation until locations of borings done as part of determining the
wetland boundaries are provided.
~- The Technical Evaluation Panel found the proposed wetland impact and
mitigation plan application dated, July 22, 2004, acceptable with revisions under
the rules of the Wetland Conservation Act.
~ The Minnesota Department of Natural Resource (DNR) and USACOE need to
approve a portion of the revised mitigation plan for Floodplain issues. This
Phone: 763.635.1000
Fax: 763.635.1090
www. ci.elk river, mn.us
portion of the mitigation plan is adjacent to the wetland designation as the
"Southwest Wetland" on the attached map.
The comment period on this issue ended on August 13, 2004. The appeal period for this
issue is 15 working days after the Council's decision.
RECOMMENDATION
Staff recommends approval of the filling and mitigation plan for this project with
the following stipulations:
1. A restrictive covenant and drainage and utility easement be recorded over the
mitigation and buffer areas.
2. The Developer's Agreement for the project includes language that places the
responsibility for the success of the wetland mitigation on the developer.
3. The letter of credit, which covers the public improvements associated with the
project, also includes the cost of the mitigation work.
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.
A fifteen foot buffer strip of natural prairie vegetation is added around the
wetland in Outlot "G" with signage indicating that is not to be mowed. Further,
Outlot "G" shall remain in the ownership of the homeowners association for the
plat.
6. That the US Army Corps of Engineers accept the wetland delineation for the
plat.
7. DNR and USACOE approval of the wetland restoration in the floodplain located
in the southwest corner of the plat.
TEP Minutes- July 29, 2004
Attending: Brad Wozney, BWSR; Paul Diedrich, DNR-Fisheries; Terry Mauer
& John Anderson, City Engineers; Yvonne Bemer, ACOE; Bill Bronder, SWCD;
Terry Jeffrey, Schoell & Madson; Christine Cook, O.T.; Ray Baird, O.T.; Steve
Rohlf, City of Elk River
River Park
The wetland delineation for this project was rejected by Yvonne because the
boring locations are not shown in relation to the wetlands. Terry Jeffery informed
her that he would provide a map with the borings. A question was asked as to
whether or not the ditch in the NE corner was connected to Holzem's property.
The wetland area A-2 (NE wetland) is proposed to be filled for a main-road
access to CSAH 40. The wetland is inundated with reed canary grass. The TEP
requested that the slopes be 4:1 if allowed, otherwise 3:1 since this will be a
County road project with federal money.
All storm drainage for the plat must be through storm ponds prior to discharging
into the natural wetlands and all must have storm drainage running through them
to ensure hydrology post development. Terry Jeffery will review to make sure
this is the case.
The wetland area A-1 fill request was rejected since the purpose is for an interior
road and lots could be moved to eliminate the need for fill.
The wetland areas Ao3 and A-4 fill requests were accepted. The wetland area A-
5 Was accepted but the TEP will not accept the M-9 mitigation since it will be
degraded by the reconstruction of CSAH 40 and new homes.
The wetland mitigation areas M-9, 10, & 11 were not accepted by the ACOE as
new wetland credit since they serve no function. The TEP requested that the
north wetland have a 15 foot native prairie planting buffer in Outlot G an all sides
of the wetland. The buffer must be a no-mow area with signage and be owned
by the Homeowners Association. The wetland area A-6, a type 3, 4 wetland was
not accepted. The trail can be moved over to avoid impacts. Mitigation area M-8
was accepted. Wetland area A-7 was rejected since the cul-de-sac doeSn't need
to have an island in the center. Wetland area A-8 was accepted but slopes
should be at 3:1 or if needed, retaining walls. Wetland area A-9 was not
accepted since the bridge alignment the City has been looking at to cross Trott
Brook would be in that area. Mitigation areas M-l, 2, 3, 4, 5, 6, 7 will need to be
reviewed once changes are made.
The wetland (southwest) may have the ditches plugged for restoration for public
value credit and maybe new value credit if needed. Terry Jeffery will contact
Patty Fowler, DNR and Yvonne Berner, ACOE about wetland mitigating in the
floodplain. If they do approve it, new plans will be sent to the TEP prior to the
August 10 Planning Commission meeting for review. The floodplain (way and
fringe) will also be placed on the revised plan.
Elk River Business Park
The TEP received a packet from McCombs Frank Roos Assoc, Inc. requesting
the city to complete a wetland type and boundary determination for two areas.
was discussed that the TEP would review the information and, if it is a wetland,
type it and review their boundaries.
Preserve Estates
Preserve Estates would like to have their replacement plan certified since their
monitoring period has ended. Bill signed off on it; however, Brad wanted to look
at it more closely since the replacement area has been inundated with reed
canary grass.
Next TEP meeting is set for September 9, 2004.
I
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TYPICAL WETLAND
CROSS SECT[ON
gEAL: 1~ FEET
-F
EDGE OF DELINEATED WETLAND
WETLANO
(SOUTHWEST)
/
/ M2-~ %
AB-
~Q.56 AC
OF DELINEATED WCZ_TLANO
(SOUTHEAST)
· EDGE OF DELINEATED ~ETL^ND
.MD
LEOEND
DENOTES WETLAND ALTERATION
DENOTES WETLAND MITIGATION
O~eripQon:
By:
By: DaLe: DescmpUon:
~ Schoell & Madson, Inc.
--~qgineerlng · Surveying - Planning
S.~II Testing · Environmental Servicas
Orrin Thompson Homes
935 East Wayzata BouJ .... d i WI~TLAND EXHIBIT
07/22/04