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Home My WebLink About1998-05-06 PACKET 04.N.REC�U�ST C5F Gf7Y GOUFJCIL AC71�N COUWC6L ACEND,0. P�AEET B�Ir 6TEA� � ` I D,4TE 5/6/9� !�E a PREPARED BY: Community Development 6Cim Lindquist ORIGINA°fIRlG DEP�RTMEtdT STAFF,4UTHOR ��trm�g�.��a.�«..�.��.�<A�a.�b��.Aa.�,.a�4�k�� • , • - � Adopt the resolution approving the wetland replacement plan submitted by i�Vesriwood F'rofessional Services for Wes4 Draw Meadows. : r s • e � � • `• �� •- • •' • : ■' •` ■ - � �. ■'• � +�' ■ ■ • . . •- ■ ..�- .• � REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ N/A ,4CTUAL AMOUidI' APPROVED ❑ ❑ ❑ O � ❑ ❑ �� • - - . . ,. .. -. ,, ,.; 1�1 ' � • � _ � i'� � � �' * ; � • ' � ,1' � �f • -_ - • ''• . - ' . _ • _• • •' . • •'-•. • • -r '_ ••: . _ • I .'_ . _ _ • � . _, r�• # 1�i � � �.A: � Rn..,. i�! . /��Vfl'�Q�t��6� �J�,�BIV{L��6� \. � � ' `4� l ° Cit� Fsdministr�t�r DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � �� - , ,� - � � G:\t9v�\ClTY COUN\6Ueliandrepir�cement{daar.doc •-� . TO: Honorabie Mayor and City Council FROM: Kim Lindquist, Community Deue�opment Director DATE: Aprii 13, 1998 RE: West Draw Meadows Wetiand Replacement Plan The City has received comments back from The Department of Natural Resources, the Minnesota Board of Water and Soii Resources (BWSR), and the South Washington Watershed District regarding their review of the wetland replacement plan submitted by Westwood Professional Services for West Draw Meadows. Their letters are attached. The plan was reviewed for conformance with the Wetiand Conservation Act (WCA). The Councii may recall that the applicant had proposed mitigation of wetlands impacts in the south portion of the project, within the proposed parkland. The wetland will be approximately .55 acres and wiil be located south of Street M. The wetland wiii be revegetated with soils from Basin B( a wetiand which will be excavated for storm water purposes). Drainage will be directed to the wetland from the south and west to maintain the appropriate hydrology. The City Staff supports the West Draw Wetland Replacement Plan in accordance with the recommendations provided by the Washington Soil and Water Conservation District. The Board of Water and Soil Resources also concurred with these recommendations. The foilowing briefly reviews the comments received from the various agencies. In the Soii and Water Conservation District letter date February 23, 1998, the District recommends banking of wetland credit and qualifying pubiic value eredit for stormwater ponc3s an� up!and buffer. Th� Councii shouid be avrare that in initial discussions with the appficant, they had proposed using stormwater ponding and upiand buffer as part of the required mitigation. This is allowed under the WCA rules. However, because wetlands are a rarity within the community and because the entire project is a PUD, staff had requested ail wetlands mitigation be made up in newly created wetland. The proposed size and drainage area for the new wetland, plus its location with the public park wili provide both functional and aesthetic value to the City. The District has expressed a concem about the timing of instaliation of the replacement wetiand. Because the wetland filled wili occur within the first phase of development, the appiicant wili also be creating the replacement wetland as part of the first phase. This is consistent with the proposed grading plans for West Draw Meadows currently under review by staff. The District also suggests some changes to the proposed seed mix for the wetland and wetia�d fringe. This has been • Page 1 discussed with the appiicant who is amenable to this change. It is a recommended condition of approval. Regarding the DNR letter dated March 11, 1998; there are several comments that need expianation. The first comment relates to the excavation of a.39 acre wettand to create a stormwater ponding area.,Excavation of wetlands is not regu�ated by the WCA rules and therefore is not regulated by the City. However, the applicant recognizes that mitigation should occur for the excavation proposed and has incorporated a one for one replacement within the WCA replacement wetland. The Councii approval of the PUD required that the applicant provide .55 acres of wetland mitigation in recagnition of the DNR and WCA regulations. it is unciear why they did not acknowiedge the proposed mitigation. The City recognizes that the remaining wetlands need to be protected and the majority of the on-site wetiands wili be located within public land after all park dedication has been accomplished. In areas where private development wili be adjacent to the wetland fringe, wetland setbacks and dedication of a conservation easement is proposed. The DNR notes that wetiand boundaries were reviewed and confirmed in the fieid by City staf�. The wetiand delineation for the project was conducted by Westwood and verified by staff almost two years ago. For future boundary verification, the Soil and Wate� Conservation District has offered to assist. RECOMMENDATION Adopt the resolution approving the wetiands replacement pian for West Draw Meadows. o Page 2 RESOLUTION NO. 98-XXX • • ...-• . - � - �- ,-. .,� WHEREAS, the Replacement Wetland is located on the foilowing described property, as shown on Exhibit A attached hereto and incorporated herein, to-wit: Unplatted property within the NE 1!4 of Section 7, Township 27 North, Range 21 West, City of Cottage Grove, Washington County, Minnesota; and WHEREAS, the Replacement Wetland is subject to the Wetiand Conservation Act of 1991, Minn. Stat. § 103G.222 et seq., and all other provisions of law that apply to wetlands, except that the exemptions in Minn. Stat. § 103G.2241 do not appiy to the Replacement Wetland, pursuant to Minn. Stat § 103G.222 (h) and Minn. Ru{es part 8420.0115.; and NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCI� OF COTTAGE GROVE, COUNTY OF WASHINGTON, STATE OF MINNESOTA; approved of the Wetland Replacement i'�an as established ir� the West Draw Arleadows Wetland Permi4s Application, with the foilowing conditions: The location of the replacement is incorrectly identified in several piaces of the Wetland Replacement Plan and shall be corrected to read "NE 1/4 of Section 7, Township 27 North, Range 21 West, City of Cottage Grove, Washington County, Minnesota"; 2. The appiicant revegetate in the wetland and wetland fringe with a"wet prairie seed mix" which shaii include a higher percentage of hydrophytic species to complement those expected to be in the transpianted topsoil; 3. The applicant conduct all monitoring and reporting required by the WCA; 4. The applicant instail appropriate erosion control and reseed disturbed areas in a timely manner as a condition of grading permit approval; and 5. A signed (and corrected) copy of the Declaration of Restrictions and Covenants (Form A) should be provided to the City before issuance of a grading permit. Passed this 6th day of May, 1998. John D. Denzer, Mayor Attest: Caron M. Stransky, City Clerk . � . � � . � � � . � . . � � � � I �2 I 1`,i��/ � � � ) �; � ` � � i - �. - , ,_� � � �'\- ��' / , .._ ---� '� 3 / � ( � _ \`\�� / ' ('`/�� 1 _-_� \ \ � � 4 25 �� : � � � � 20 `_' � 21 �� 2 � 22 y 6X 2 ea O __ .. ' :—. ___ . M£TC/�MD ivi'E SSE� MixNRE _\ ; � �� ` �J \ � \ WROT I � PARK � � 1 .'-. _, ` / /\ \ ` X£1L/.rv0 uli1GR11QY � RfPUCEMfNT �_� , V �^ \\ 1 � 1 ♦ � \ LEGEND / X $ . � __ DENOTES IXISlINC CONTWRS `� - �� DENOTES PROPoSED COMOUft �� `�^�' o _.,_- 0 �EHOTES IXISiiNG SiORtA SEwER `�� ° o ,_��_� DENOiES PROPOSED StORM SEwER �� ' �f DENOTES D(ISlING TREE LJNE � I ...�.,,,1 DENOTFS PROPoSED TRFE UNE ,.� DENOiES $ILT fENCE �� _—X EMERGENCf OVERFLOW SWpLE �--__� mc �� \ � � _- �� 9 West Draw Meadows Page 6 Wetland Permits Application Narrative January 26, 1998 WETLAND REPLACEMENT Wetiand Replacement Required Under the WCA, approximately 3,388 square feet of wetland replacement credit is required to compensate for the proposed wetland fill. The proposed wetland replacement calculations follow: 3,694 sq. fr. of fill - Z.000 sq. fr. deminimis exemption 1,694 sq. ft. �� (2:1 ratio) 3,388 sq. ft. of required replacement At least half of the replacement credit (1,694 square feet) will need to be in the form of New Wedand Credit. Under U.S. Army Corps of Engineers regulations for implementation of Section 404 of the Clean Water Act, approximately 20,794 square feet of wetlar,d replacement is required (assuming a 1:1 replacement ratio). The proposed �vetland replacement calculations follow: 3,694 sq. ft. of fill * 17.100 sq. fr. of excavation 20,794 sq. ft. of required replacement Wetiand Replacement Proposed The applicant proposes to meet and exceed replacement requirements by creating a 0.55-acre wetland in the southeast comer of the property where a natural low area exists that currently lacks wetland characferistics (ExhibiY 5). The basin will be excavated and lined with topsoil, and hydrology will be provided by a combination of treated stormwater and backyard runoff. The wetland design complies with WCA requirements :nc;uding bottcm contours that are undulating, sideslopes that are not steeper thaa 5: I as averaged azourd the wetland, and an irregu]ar edge that resulu in points and bays. A proposed stormwater pond just west of the replacement wetland will overflow into the wetland and provide a major source of hydrology. The Wetland Replacement Plan (Exhibit 8) is based on an assumed Normal Water Level of 891.5 after construction and a wetland boundary elevation of approximately 892.5. Topsoil excavated during stormwater pond construction on the development site will be spread in the basin bottom at a depth of 6 to 12 inches to produce the finished grade and provide a fertile substrate for vegetation establishment. To minimize erosion hazards and encourage slope stabilization, regraded surfaces will be seeded as soon as practical and no later than 'I2 hours after completion of grading. Wet meadow and wetland fringe areas will be seeded with a wet prairie seed mix similar to that shown on Attachment 2. Best management practices will be established and maintained adjaeenY to the perimeier of the �vetland. Appropriate vegetative cover will be established on all adjoining slopes. Allowable Public Va1ue Credit for stormwater ponding on the site is 119,405 square feet (2.74 acres). There are four proposed stormwater ponds (in addition to the excavated wetland area to be used for ` 1 Westwood Professional Services, Inc. (612) 937-5150 West Draw Meadows Page 7 Wetland Permits Application Narrative January 26, 1998 ponding) encompassing a total of 159,207 square feet (3.65 acres) within their respective normal water level elevation contours. The WCA allows Public Value Credit up to a maximum of 75 percent of this pond area. The overall wetland replacement exceeds WCA statutory requirements. The replacement plan includes 2:1 wetland creation for the fill exceeding the diminimis (3,694 sf - 2,000 sf x 2= 3,388 sf} plus an additional 20,682 sf of wetland creation. In addirion, 119,405 sf of Public Value Credit from stonnwater ponding will be provided. Wetland replacement also exceeds Secrion 404 of the CWA requirements. The replacement plan includes 1:1 wetland creation for wetland fill and excavation combined (20,794 s� plus an additiona13,276 sf of wetland creation. Wetiand Reptacement Monitoring The wetland creation area will be monitored in compliance with the Wetland Conservation Act. Monitoring will inciude the following required components, as listed in the WCA rules: I. A description of the project location, size, current wetland type (Cowardin classification), and desired wetland type (goal). 2. A comparison of the as-built conditions in relation to the design specifications (first annual monitoring only) and a rationale for significant changes. 3. Seasonal water ]evel elevations measured during the period April through October (msl or referenced to a known bench mark). 4. A list of the dominant vegetation in the wetiand, including common names of the vegetation exceeding 20 percent coverage and an estimate of coverage; for example, 50 percent wiliow, 20 percenY cattail, and 30 percent sedge. 5. Color photographs of the project area taken during the period June through August, referenced to the fixed photo-reference points identified on the Wetland Replacement Plan and labeled accordingly. The repiacement wetland will be monitored for a maximum of five years after creation and monitoring reports will be submitted to the City of Cottage Crrove each year. The replacement wetland will be examined three times between April and October each year and the depth of standing water or depth to free water in an unlined bore hole will be measured from the wetland hydrology monitoring points shown on the Wetland Replacement Plan. Color photographs of the vegetation within the wetland creation areas will be taken during each growing season from the photo-reference points shown on the Wetland Replacement Plan. Hydrology measurements will be evaluated to assess the viability of the wetland in relation to the creationlrestoration goal. The percent coverage of dominant vegetation will be estimated visually and photos will be taken from the fixed photo-re£erence points shown on the Wetland Replacement Plan and submitted to the City along with the monitoring report. All monitoring reports will inciude a description of the condition and composition of the vegetation within the wetland replacement area. VJhen it can be shown that the mitigation is successful, the application will request that the remainder of the monitoring requirement be waived. , r Westwood Professionai Services, Inc. (612) 937-5150 NATIVE GRASS AND WILDFLOWER SEED MIX AND APPLICATION RATES West Draw Meadows Residential Development Cottage Grove, Minnesota NOTES UJITHIN 72 HOURS AFTER COMPIETION OF FINAL GRADING, THE NATIVE MIX SHALL BE SEEDED ON DISTURBED SOILS ABOVE WATER LEVE�S AROUND STORMWATER PONDS AND WETLANDS BEIOW THE LfMITS OF WETLAND BUFFER ZONES. SEEDED AREAS SHAL� BE MULCHED WITH TYPE I MUICH AT A RATE OF 2 TONS PER ACRE AND THE MULCH SHALL BE DISC-ANCHORED. TREE AND SHRUB PLANTING BEDS MAY BE LEFT UNSEEDED. 2. NATIVE GRASS AND WILDFLOWER SEED MATERIALS SHALL BE ACQUIRED AND INSTALLED IN ACCORDANCE WITH TNE SEEDINC�, MANUAL FOR NATIVE SEED MIXES - MINNESOTA DEPARTMENT OF TRANSPORTATION 1995/96 (MINNESOTA DEPARTMENT OF TRANSPORTA710N TURF ESTABLISHMENT AND EROSION PREVENTION UNIT, 1995) AND THE STANDARD SPECIFICATIONS FOR CONSTRUCTION, 9995 EDITlON (MINNESOTA DEPARTMENT OF TR,4NSPORTATION, 1995). 3. THE SEED MIX AND APPLICATION RATES SHALL BE AS SPECIFIED BELOW. 4. SPECIES MARKED BY AN ASTERISK (`) ARE NATIVE LEGUMES AND SHAL� BE PRE-INOCULATED WITH TNE PROPER BACTERIAL CULTURE. RATE TABLE COMMON NAME BOTANICAL NAME APPLICATION RATE Grasses Big b�uestem Canada wildrye indiangrass Littie bluestem Switchgrass Wiidflowers New England aster Showy tick-trefoil" Joe pye weed Ox-eye sunflower Prairie biazingstar Wild bergamot Purple prairie clover' Yeilow coneflower Black-eyed Susan Blue vervain Golden Alexander Nurse C fOD Oats Andropogon gerardi Elymus canadensis Sorghaslrum nutans Schizachyrium scoparium Panicum virgatum Aster novae-angliae Desmodium canadense Eupatorium maculatum Heliopsis pycnostachya Liat�is pycnostachya Monarda fistu(osa Petalostemum purpureum Ratibia pinnata Rudbeckia hiria Verbena hastata Zizia apfera Pounds Pure Live Seed/Acre 5.0 3.0 5.0 4.0 2.0 Ounces Bulk Seed/Acre 4.0 3.0 3.0 4.0 5.0 4.0 3.0 5.0 6.0 4.0 3.0 PoUnds Bulk Seed/Acre 40.0 v Prepared by: Westwood Professional Services, Inc. December 23, 1997 WASHINGTON SOIL AND WATER CONSERVATION DISTRICT 1825 Curve Crest Blvd., Room 101 Stiliwater, MN 55082 (612)430-6820 Fax:(672j430-6819 MINNESOTA � � SOIL ANO WATER CONSERVA�TION DISTRICTS . r� : D r c��v �-�� ; �, � �.. iK 2��' �'�� i J February 23, 1998 Kim Lindquist, Community Development Director City of Cottage Grove 7516 80th Street South Cottage Grove, Minnesota 55016 RE: Wetland Replacement Plan - Review Comments - West Draw Meadows Dear Ms. Lindquist: The Washington Soil and Water Conservation District has reviewed the Wetland Replacement Plan submitted by Westwood Professional Services for West Draw Meadows, 70th Street, SE 1/4 Section 6 and NENE1/4 Section 7, T27N R21 W, in South Washington Watershed District. The wetland replacement plan was reviewed for conformance with the Wetland Conservation Act (WCA). Cottage Grove is the Local Government Unit for the WCA and may incorporate our agency's comments into the City's review process. On December 16, 1997, �ve provided comments on a preliminary submittal. Based upon this plan submitted on January 26, 1998, I would offer the following comments: Note: Specific reconunendations have been underlined. 1. As stated in our earlier comments, we �Nill support the T C'iU's acceptance of seguencin� on this s eci ic impact. The application of sequencing flexibility requires a Technical Evaluation Panel review of functional assessment, and may not be necessary in this case. 2. In several places in this pian, the site of the replacement wetland is identified as NW 1/4 of Section 7(JPN, page 2 of plan, and Form A). I believe this is a dericai error that should be corrected to read NE I/4: 3. This plan proposes to create more acreage of wetland than is required under the WCA and, as I understand, more than that required by other agencies for mitigation. Therefore, the excess new wetland credit (3216 sfl plus the qualif�g public value credit for stormwater ponds and upland buffer mav be eligible for wetland banking credit. The SWCD encourages wetland bank sites in Washington County, especially in this watershed. The SWCD would be happy to assist Cottage Grove in reviewing banking opportunities on this site. Incidentally, scrutiny of the stormwater ponds may reveal that not all of those proposed would be eligible for credit. 4. The plan proposes a topsoil transplant as the base for the new wetland. As noted in our previous comments, we encourage avoiding the use of the soil from Wetland C(the fiiled basin) for this purpose, to lessen the exposure of the new wetland to invasive vegetation. Using the soii from Wetland B(the excavated basin), AN EQUAL OPPORTUNITY EMPLOYER February 23, 1998 Page 2 RE: West Draw Meadows as proposed, is acceptable. Depending on the existing subsoil in the replacement site, there may be excessive seepage affecting the type of wetland that results. Since the wetland being replaced under the WCA is a Type 1 wetiand, a Type 1 or 2 would be acceptable under the WCA. 5. Our eazlier concerns about the timing of the impact and replacement are still valid. If the replacement wetland is not concurrent with the impact but dela�ed unti] a later nhase an adequate suretv should be llecte . 6. The plan proposes revegetation with a"wet prairie seed mix," however the list provided in Attachment 2 includes very few hydrophytic species. Of the grasses, only switchgrass is Fac or wetter (Fac+). This mix would make a wonderful upland buffer azound the wetland, but we suggest that the seed mix olanted in the wetland and wetland fringe include a higher percentage of h�ro�h, ic en cies to complement those expected to be in the transplanted topsoil. 7. The Deciaration of Restrictions and Covenants (Form A) provided for our review is aot signed. ' ned jand conected copv should be provided to the LGU before impact occurs. Overall, I believe this plan could be approved with some conditions consistent with the comments noted above. It appeazs that attention is being given to preserve open space and natural features on this site. We encourage enhancement of the preserved wetlands through control of the common buckthorn and prickly ash that were identified during �vetland delineation. Both are undesirable plants thaC ean undermine efforts to maintain the wetlands as amenities. I hope this letter assists Cottage Grove in the review process for the West Draw Meadows project. If you have any questions about these comments, please feel free to call me at 430-6828. Sincerely, e � �� '�liu'�.'--`�--' �y�� Jyneen Thateher Wetland Technician cc: Westwood Professional Services, Inc.; 7599 Anagram Dr., Eden Prairie 55344 South Washington Watershed District Matt Moore, BWSR March 4, 1998 One West Water Street Suite 200 St. PaW, MN 55107 (612) 2963767 Fax (612) 297-5615 Field Offices Northern Region: 394 S. lake Avenue Room 403 Duluth, MN 55802 (21S) 723-4752 Fax (218) 723-4794 3217 Bemidji Avenue N. Bemidji, MN 56607 (218) 755-4235 - Fax (218) 755-4201� 217 S. 7th SVeet s��ce zoz Breinertl, MN 56401-3660 (218) 828-2383 Fax (218) 828-6036 Southern Region: 267 Highway 15 S. New Uim, MN 56073-8915 (507) 359-6074 Fax (507) 359-6078 a0--16th Street SE Suite A Rochester, MN 55904 (507) 285-7458 Fax (507) 280-2875 Box 267 1400 E. Lyon Street Marshall, MN 56258 (507) 537-6060 Fax (507) 537-6368 Metro Region; One West Water Street Suite 250 St. Paul, MN 55707 (612) 282-9969 Fax{612)297-5615 An equal opportunity employer Printed on recycled paper Kim Lindquist, Community Development Director City of Coitage Grove 7516 80th Street South Cotta�e Grove, MN 550 ] 6 RE: Wet►and Replacement Plan - Review Comments - West Dr�w Meadows. Dear Ms. Lindquist: The Mir.nese!a Roard of Water and Soil Resnurces (BWSRI has reviewed the wetland replacement plan, prepared by Westwood Professional Services, dated January 26, 1998. The BWSR has discussed this replacement plan with the Washington Soil and Water Conservation District. The BWSR agrees with the comments provided by Ms. Jyneen Thatcher, Washin�ton Soil and Water Conservation District, dated February 23, 1998, and at this time have no further comments. If you have any questions or need additional information please contact me at 215-1519. Thank you. Sincerely, Minnesota Board of Water and Soil Resources �� Matt Moore Board Conservationist MMI��IICS r� H: i 'S R'�Ai.9"I�IICI'i'S�CU"i'i':1GF.( �.001 Bruce Sandstrom, BWSR (file copy) Jyneen Thatcher, Washin�ton SWCD ;, _` ' ��r'��f i ; f.�"_ . "� �, � �' � CJJa STATE OF LJ V LJ V�� 0 IJ [,�.� DEPARTMENT OF NATURAL Metro Region aHONe No. ' 1200 Warner Road Saint Paul, MN 55106 March 11, 1998 RESOURCES RLE NO ' !:: Ms. Kim Lindquist City of Cottage Grove 7516 SOth Street South Cottage Grove, MN 55016 Dear Ms. Lindquist: The Department ofNaturai Resources has reviewed the wetland repiacement plan for West Draw Meadows submitted by Centex Homes. The followin� comments are offered for your consideration. 1. The plan calls for excavating 0.39 acres of apparentiy good quality shal(ow marsh and converting it to a basin the primary function of which would be stormwater ponding. While recognizing that wetlands may provide storage functions, the DNR does not support the conversion of wetlands to stormwater ponds. We �vould prefer to see the construction of dedicated on-site ponding to protect e�sting wetlands and otlter receiving waters. This is consistent with the position taken on this project by the Corps of Engineers which recognized this wetland conversion as a wetland loss needing to be mitigated. 2. We agree that when wetlands are su�rounded and isolated by development, their ability to function and provide public values may be reduced. However, there are precautions the City can take to protect these wetlands. We recommend that the City consider implementing conservation easements or impcsing deed restrictions on properties containing wetlands. This was a recommendation made by the Washington SWCD in its December 16, 1997 letter to the City. In addition to this, the developer could be required to construct low berms and plant shrubs to physically identify the wet(and edge. The City of Plymoutl� has gone so far as to employ signage to indicate that certain activities are not allowed beyond the wetland edge. 3. The Wetland Pemilts Application Narrative indicates that wetiand boundaries were reviewed and confirmed in the field by City staff. According to BWSR records, no City of Cottage Grove staff members have yet received wetland delineation training. If this is true, then no one from the City is qualified to make these determinations. We stron.,,r�ly recommend that the City either invest in training for some of its key personnel or, if training has been provided, notify BW SR of the need to update its records. AN EQUAL OPPOR?UNITY EMPLOYER Lindquist letter page 2 Thank you for the opportunity to review this plan. If you have questions regarding these comments, please contact Wayne Barstad, Regional Environmental Assessment Eco(ogist, at 772-7940, or me at 772-7990. Sincerely, C�c/ � Kathleen A. Wallace v � Regional Administrator c: Matt Moore, Board of Water and Soii Resources Jyneen Thatcher, Washington $oil and Water Conservation District Dan Seemon, U.S. Army Corps ofEngineers Doug Norris, DNR Hannah Dunevitz, DNR