HomeMy WebLinkAbout6.o. Comprehensive Wetland Management Plan Update ROSEN4OUNVF SUMMARY
CITY COUNCIL
City Council Meeting: May 15, 2012
AGENDA ITEM: Comprehensive Wetland Management A A SECTION:
Plan Update
PREPARED BY: Andrew J. Brotzler, PE, Director of Public AGENDA NO • �•
Works /City Engineer
ATTACHMENTS: Proposal APPROVED BY:
OA.)
RECOMMENDED ACTION: Motion to authorize the update of the Comprehensive
Wetland Management Plan
ISSUE
At the March 14, 2012 City Council Work Session, a scope and estimated fee for updating the City
Comprehensive Wetland Management Plan was reviewed with Council. This draft scope included a
number of tasks including the establishment of a task force to meet up to 4 times. Based on the initial
estimated fee of $16, 360 with a significant amount attributed to task force meetings, Council provided
direction to revise the scope to eliminate the task force group and meetings.
The attached scope has been revised accordingly to include 1 task force meeting and attendance at 1 public
hearing. Additional detail has been added to the proposal for the tasks and activities associated with
updating the Comprehensive Wetland Management Plan. The estimated fee has been reduced to $9,800.
This cost is proposed to be funded from the Storm Water Utility Fund.
BACKGROUND
The current Rosemount Wetland Management Plan (Plan) is an effective tool for managing wetland
resources in the Rosemount. However, many changes in wetland regulation have occurred since the last
update of the Plan, which occurred in 2007. Additionally, new state -of -the- science wetland assessment
methods have been developed that capture the functional benefits of wetlands and the assessment outputs
tie directly into the regulation of wetlands through the Wetland Conservation Act (WCA). The changes in
wetland science and regulation have continuously diminished the Plan's efficiency and applicability in
wetland management.
Currently, the application review process for all submitted applications has inherent inefficiencies since
both the applicant and City staff must first compare the requirements of the current Plan and the WCA,
then identify where there are discrepancies due to the updated WCA, and finally follow the more
restrictive requirements to ensure that the correct regulatory process is being followed. Updating the Plan
will eliminate this initial comparison of the differing regulations and thereby make the application and
review process easier and more efficient for both perspective applicants and City review staff.
Specific instances where an updated Plan will provide benefit to the City in the management of its wetland
resources include, but are not limited to, the following:
• The current Plan correlates with an outdated version of the WCA, which was amended in 2009
and then again in 2011. The current Plan contains language that future changes in the WCA
supersede the requirements of the plan. There have been a substantial number of changes to
WCA that make much of the regulatory aspects of the current Plan nearly obsolete. For example:
o Noticing requirements have changed substantially from the current Plan. This could be
confusing to potential applicants when they are using the current Plan as a regulatory
resource. By updating the Plan, the application process will match current and future
WCA requirements thus making the application process easier and more efficient for City
staff and applicants.
• The updated Plan will include clear language incorporating the current and future WCA Rules.
This will reduce the need for future updates to the Plan.
• In some cases, the City has more restrictive requirements than the WCA including wetland
replacement within the City limits instead of the standard WCA siting requirements. This is not
specifically stated within the current Plan, which can be confusing for applicants especially when
submitting a replacement plan application that proposes the use of wetland bank credits, a
replacement method encouraged by the WCA through replacement ratio reductions. An updated
Plan will have clear language for siting requirements. This will provide more transparent regulation
for applicants making it easier for project planning and review.
• Wetland replacement standards in the current Plan include New Wetland Credit and Public Value
Credit as options for replacement. These terms are no longer used in WCA and could be
confusing for an applicant to compare with the current replacement requirements for the US
Corps of Engineers and the WCA. Updating the Plan will eliminate these terms to match the
WCA thus making it easier for applicants to meet regulatory requirements. It will also streamline
the review process for City staff since the Plan will be consistent with current State and Federal
requirements.
• The current Plan has effective buffer requirements, but does not account for current stormwater
management techniques such as infiltration basins. This can be confusing for applicants and City
staff when trying to apply the regulations to these structures during review. The updated Plan will
incorporate new and future technologies making planning and review more efficient and clear.
• The City's wetlands are especially sensitive to indirect wetland impacts from altering a landscape
and changing the flow of water. Neither the WCA nor the current Plan clearly and effectively
addresses this issue. The updated Plan will specifically address indirect impacts to wetlands and
thereby further protect the City's wetland resources.
• The current GIS database of the City's wedand resources is out -of -date. The updated Plan will
have a revised GIS database and wedand map that will make planning and application reviews
easier and more efficient for both City staff and potential applicants. Updating of the GIS
database is proposed to be completed by City staff.
• The current Plan's regulations are based on wetland management classes that were established
using a method (RoseWFA) that is nearly 15 years old and is "paper- based." Much has changed in
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wetland functional assessments since 1997. The updated Plan will incorporate the Minnesota
Routine Assessment Method (MnRAM). MnRAM is state -of -the- science in wetland functional
assessments and is continuously updated. The RoseWFA is paper -based making wetland
assessments inefficient and time consuming for both the applicants and City staff during
application reviews. MnRAM is in a standardized electronic format which makes the assessment
and review process much more efficient, thus saving time and money for all parties involved.
Additionally, MnRAM can automatically assign a management class to a wetland as opposed to the
current manual method, which again saves time for applicants and City staff when they review
applications or add new wetlands to the Plan.
In general, the current Plan is an effective management tool, but is also outdated. This results in ambiguity
in applying the regulatory requirements of the Plan. Additional time must be spent by applicants and City
staff when utilizing the Plan since its applicability must be continuously evaluated and compared to current
regulations and standards.
An updated Plan will streamline both the planning and the review process for the applicant and City staff.
It will also clarify and emphasize City- specific wetland regulatory requirements, making it easier for
applicants to plan their projects. The updated Plan will incorporate current and future WCA Rule, utilize
the more efficient MnRAM assessments, and clarify buffer and stormwater standards making the
application of the Plan's regulatory requirements more effective, efficient, and economical for the City.
SUMMARY
Should Council decide to proceed with the proposed update of the City's Comprehensive Wetland
Management Plan, a motion to authorize the preparation of the update should be considered. Staff will
then work with Council Members Shoe - Corrigan and Weisensel to conduct one task force meeting with 1
or 2 representatives from the Planning Commission.
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ROSEMOUNT
MINNESOTA
WSB
& Associates, Engineering • Planning • Environmental • Construction 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel 763 - 541 -4800
Fax 763 - 541 -1700
April 5, 2012
Andy Brotzler, PE
City of Rosemount
2875 145th Street West
Rosemount, MN 55068 -4941
Re: Rosemount Wetland Management Plan Update
Dear Mr. Brotzler:
WSB & Associates, Inc. is pleased to submit this proposal for services to update the City of Rosemount's Wetland
Management Plan. Our team has the expertise needed to complete all tasks, as well as the understanding of how
this plan impacts the City. We can make certain this updated plan remains ready to implement in an efficient and
highly workable manner.
The proposed scope and fee presented in this proposal represent our complete understanding of the project based
on discussions with you and your staff. If you are in agreement, please sign two copies of this proposal and return
one copy to our office.
If you have any questions or concerns regarding this proposal, please feel free to contact me at 763.231.4854.
Once again, we appreciate the opportunity to submit this proposal and look forward to working with you and your
staff.
Sincerely, I ACCEPTED BY CITY OF ROSEMOUNT
WSB & Associates, Inc.
Signature
Jed Chesnut
Wetland /Natural Resources Specialist Name
Title
Date
N
;AL ROSEMOL[I�1T
MINNESOTA
Proposed Work Plan
TASK 1 - UPDATE PLAN
This task will include updating Rosemount's Wetland Management Plan (Plan) to
incorporate the most recent and future versions of the Wetland Conservation Act
(WCA). The WCA has changed since the last Plan update in 2007, and the language of
the Plan does not clearly incorporate updates to WCA. Some of the changes include:
• Noticing of application requirements - the size of wetland impact threshold for
noticing procedures is no longer applicable
• Wetland boundary/type applications must now be noticed to the Technical
Evaluation Panel
• Exemption standards have changed and no longer include "incidental wetlands"
• Electronic communication (email) is now valid for noticing
• The process for appeals of wetland decisions now requires a specific local appeal
procedure or the appeal goes directly to the Board of Water and Soil Resources
(BWSR)
• Siting of wetland replacement has been clarified
The updated plan will incorporate the changes to the WCA and will include language
that allows for integration of future WCA amendments.
The updated Plan will also contain language addressing the issue of secondary impacts
to wetlands that can occur due to altering the hydrology of a wetland's watershed. This
is especially important in Rosemount, since many of the wetlands are isolated basins
that are surface water dependent and the soils are highly permeable. This leaves many
wetlands susceptible to changes in surface hydrology.
The Plan currently provides a comprehensive wetland buffer rule. However, the buffer
rule does not include performance standards or flexibility for natural landscape
connections. Additionally, the current buffer rule does not include policies related to
infiltration -type stormwater treatment facilities, such as rain gardens, being constructed
in a wetland buffer. The update will include clear language that further refines the
wetland buffer rule, adds language to address stormwater treatment facilities within
buffers, and adds both flexibility and accountability for the quality and function of the
wetland buffer. Clear and specific performance standards for native wetland buffers will
also be included.
WSB
& Associates, Inc.
Proposed Work Plan l
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4 11 4 MINNESOTA
This task will also include a wetland ordinance to clearly define and clarify the roles
of City Staff and City Council relating to administering the Wetland Conservation Act.
Additionally, the current plan does not address the City's general preference to require
replacement of wetlands within the City. The updated Plan will provide clear language
pertaining to wetland replacement performance standards and a prioritization strategy
for siting wetland replacement. The updated Plan will provide alternative solutions and
requirements in the event that a wetland replacement plan fails.
As part of this task, WSB will deliver a final presentation to the City Council and attend
two meetings with City staff.
It is our understanding that the Plan update constitutes minor amendments to the
City's Wetland Management Plan and therefore will not require comprehensive review
and approval by BWSR or other agencies. However, to be consistent with local, State,
and Federal wetland management goals, the respective agencies will be invited, at
the discretion and request of the City, to provide informal comment and input to the
update.
As per WCA rule, the amendments must be sent to those required to receive notice
and the Board of Water and Soil Resources (BWSR) must agree that the amendments
are minor or fail to act within sixty days of receipt of the amendments. This Scope of
Services does not include putting the Plan updates through the formal agency review
and approval process. If BWSR deems the amendments to be major, we will discuss
additional costs with the City that may be required for the formal process.
TASK 2 - ,PDATE ANI _\ -A \C:1 GIS
WSB will work closely with City GIS staff to implement this task, which will update the
current GIS -based map to incorporate recent changes in the jurisdictional status of
several basins within the City. Some areas previously identified as wetland have been
formally deemed non - wetland. Conversely, wetlands not identified on the current
Plan's wetland map have been delineated as jurisdictional wetland. Additionally, the
most recent wetland mitigation sites and future mitigation sites will be added to the
GIS database so the City can effectively manage its mitigation areas.
WSB
& Associates, Inc
Proposed Work Plan Q
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ROSEMOUNT
MINNESOTA
TASK 3 - CPIJATE PLAN TO I \CORPORATE N NRAv A \D
W -EP
The current plan manages wetlands based on functional ratings that were attributed
to each assessed wetland using the Rosemount Wetland Functional Assessment
( RoseWFA), completed in 1997 and 1998. While the RoseWFA provided informative
data at the time, the State standard for wetland assessment has become the Minnesota
Routine Assessment Method (MnRAM). The updated Plan will replace RoseWFA with
MnRAM. MnRAM is a comprehensive assessment of both a wetland's function and
value, and can be directly associated with WCA policies in implementing the City's
Plan. The MnRAM is continuously updated to incorporate new science as it applies to
wetlands, and the management classification system of MnRAM can be customized
per a City's requirements. Additionally, because MnRAM is in an electronic format,
performing pre /post project assessments or assessing new wetlands is much more
efficient that the current paper -based RoseWFA. The updated Plan will incorporate
MnRAM and will include language that would require wetland assessments be
performed using MnRAM instead of RoseWFA.
The City is actively involved in the Wetland Health Evaluation Program (WHEP) and
has a dedicated team of volunteers who monitoring selected wetlands within the
City. Rosemount values the data the WHEP team gathers and the updated Plan will
incorporate the results of the WHEP program into managing its wetland resources,
where applicable.
TASK 4 -TASK FORCE AN PUBLIC - EARI \G
A Plan Update Task Force, as defined and developed by the City, will meet to discuss
changes to the Plan and see that the content of the Plan meets the needs of the City,
as well as the requirements of the WCA. As per WCA Rule, making minor updates to
an approved Wetland Management Plan requires holding one public hearing. This task
includes attending one public hearing during the Council meeting discussed under Task
1 to involve the public in the update process. This task includes up to two meetings with
agency representatives. These agency meetings would occur concurrently with City staff
meetings listed in Task 1.
WSB
& Associates, lac
Proposed Work Plan 3
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MINNESOTA
Cost Estimate
WSB & Associates will provide the services as outlined in the Proposed Work Plan
listed previously. Work outside the scope identified in this proposal, such as additional
meetings, will be billed at WSB's standard rates for 2012 (attached). Our cost estimate
is shown in the table below, along with a breakdown of subtasks and estimated hours.
Estimated Approx.
Task Hours Billing Rate Subtotal
1. Update Plan and Agency Meetings
Principal - Senior Environmental Scientist 5 $137 $685
Project Manager 55 $84 $4,620
Environmental Scientist 10 $68 $680
Subtotal 70 $5,985
2. Update and Enhance GIS
Project Mana•er 1111111121111 $84 $672
Subtotal 8 $672
3. Update Plan to incorporate MnRAM and WHEP
Principal - Senior Environmental Scientist 2 $137 $274
Pro 'ectMana•er 14 $84 $1,918
Subtotal 16 $2,192
4. Task Force (1 meeting) and Publ Hearing
Principal - Senior Environmental Scientist 2 $274
Pro'ect Mona. er 8 $672
Subtotal 10 $946
ESTIMATED PROJECT HOURS & COST 104 $9,795
Task 1 Subtasks
General text review and revisions 10
Review for consistency with WCA 5
Address secondary wetland impacts and incorporate
language 5
Wetland buffer rule update 5
Wetland ordinance 5
Wetland replacement performance standards 6
Wetland replacement alternatives 5
GIS Figures and Maps 5
Two meetings with City Staff 10
Agency noticing requirements 4
City Council presentation and Public Hearing (including
prep) 10
Subtask Total Hours 70
Task 2 Subtasks
Update GIS databas, coordinate with City Staff 8
Subtask Total Hours 8
Task 3 Subtasks
Incorporate MnRAM methods and results into Plan 5
Update Plan language as per MnRAM 6
Incorporate WHEP into Plan 5
Subtask Total Hours 16
Task 4 Subtasks
Plan Update Task Force - one meeting 6
Public Hearing Noticing and Documentation as per WCA 2
Two meetings with Agencies (coordinated with City Staff
WSB meetings to reduce cost 2
J Subtask Total Hours 10
& Associates, Inc.
Cost Estimate U
Pkv, 4 ROSEMOLINT
MINNESOTA
2012 Billing Rate /Hour
Costs associated with word Principal $137
processing, cell phones,
Associate $128
reproduction of common
correspondence and mailing Project Manager $107 I $114 I $121
are included in the hourly Project Engineer $94 I $99 I $107 I $114 ( $121
rates. Vehicle mileage Graduate Engineer $79 1 $84 1$89
is normally included in
our billing rates, but can Planner $72
be charged separately if Engineering Specialist $89 1$99 1$107 I $114
specifically outlined by
Engineering Technician $49 1$56 1$62 1$68 1$79
contract.
Scientist $56 $62 I $68
Reimbursable expenses Construction Observer $79 I $84 I $89 1 $94 I $99
include costs associated Coring Crew
with plan, specification and
report reproduction, permit One - Person Crew $145
fee, delivery cost, etc. Two Person Crew $220
Survey Crew
Rate schedule is
adjusted annually. One - Person Crew $110
Two- Person Crew $144
Each staff person is Three- Person Crew $168
assigned one billing rate
that is commensurate Offi Technician $33 I $62 I $72
with their experience and
expertise. Multiple rates
illustrate the varying levels
of experience within
each category.
WSB
& Associates, Inc.
Cost Estimate 5