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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 2 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. 3 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 mod 44 444444 444 ;4- 444A4414411 414 �yII,NI ROSEMO[ NT 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 ;w 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 p a i _ jK'�( ^) (f�� �TI�' B ..t ✓g �ll� �/ ROSEMVUN 1 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