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HomeMy WebLinkAbout6.f. Wetland Mitigation for the Bloomfields Vineyards (7th Addition), Case 03-24-PP 4RGSEN4OLINT1T SUMMARY CITY COUNCIL City Council Meeting: June 5, 2012 AGENDA ITEM: Case 03- 24 -PP; Wetland Mitigation for the AGENDA SECTION: Bloomfield Vineyards (7 Addition) Consent PREPARED BY: Eric Zweber, Senior Planner AGF N NO. ATTACHMENTS: Wetland Credits Withdrawal Application; APPROVED BY: Bloomfield Vineyards Wetland Mitigation Site Memorandum; Bloomfield 5 th 6th 7th & 8 Additions Wetland Replacement Plan; Resolution 2003 -49. RECOMMENDED ACTION: Motion to accept the 0.4 acres of Bachman Wetland Bank Wetland Credits to fulfill the Mitigation Requirements as per the approved Wetland Replacement Plan for the Bloomfield Vineyards development. ISSUE Centex Homes constructed the Bloomfield Vineyards neighborhood in 2003 that required 0.9 acres of wetland mitigation. In 2009, the City reviewed the wetland mitigation and determined that only 0.5 acres of wetland were eligible for wetland replacement credit. Since 2009, Pulte Homes and Centex Homes merged into The Pulte Group (Pulte). Pulte requested that the City accept 0.4 acres of wetland credits from the Bachman Wetland Bank in Eureka Township to fulfill the wetland mitigation requirement. DISCUSSION In 2003, Centex Homes constructed the Vineyards townhouse development in the Bloomfield neighborhood located northwest of the intersection of Auburn Avenue and Autumnwood Trail. To fulfill the wetland mitigation requirement, Centex graded 1.2 acres of land adjacent to an existing wetland located between Bloomfield Park and Vineyard. The grading work was to create 0.9 areas of wetland to mitigate for the wetland impact caused by the development of the Bloomfield neighborhood. Over the next six years, Centex performed maintenance of the mitigation site including some regrading to improve the wetland area. In 2009, the City reviewed the mitigation site and determined that 0.5 acres of wetland were created leaving a 0.4 acre deficiency. City staff determined that additional maintenance of the mitigation site would not result in any additional wetland being created due to the hydrology in the area. In the fall of 2009, Centex Homes and Pulte Homes merged into The Pulte Group. In 2010, Pulte approached the City to develop the LeFavre property at the northeast corner of Bacardi Avenue and Bonaire Path into the Marshes of Bloomfield neighborhood including 0.4 acres of additional wetland mitigation to fulfill the Vineyards deficency. In 2011, Pulte withdrew the Marshes of Bloomfield application. Since then, staff and Pulte have been exploring other locations within Rosemount that could provide wetland mitigation similar to the wetland mitigation that SKB had conducted at Schwartz Pond Park in 2011. Staff has consistently requested that mitigation for wetlands affected in Rosemount should be mitigated in Rosemount. The philosophy is that the community has very few wetlands and therefore should not be removed without recreation in town. In accordance with the request, Pulte conducted soil borings on a City owned parcel located at the northwest corner of 126 Street and Bacardi Avenue. The parcel has about 1.25 acres of upland adjacent to White Lake. Based on the soil borings, the grading of the entire 1.25 acres would result in 0.25 acres of wetland in the best case scenario and therefore would not fulfill the Vineyard mitigation requirement. Staff could not determine another site of publicly owned land within Rosemount that was suitable for wetland development. Pulte has prepared an application for withdrawal of 0.4 wetland credits from the Bachman Wetland Bank in Eureka Township. The Bachman Wetland Bank has suitable mitigation credits because it is also within the Vermillion River watershed and because there are no wetland banks within the City of Rosemount. SKB purchased wetland credit from the Bachman Bank in 2011 to fulfill their mitigation requirement of their 2008 landfill interim use permit expansion. Staff has begun some preliminary investigation of creating some type of wetland banking system within the community. RECOMMENDATION Staff recommends that the City Council accept the 0.4 acres of Wetland Credits from the Bachman Wetland Bank as fulfillment of the mitigation requirements as per the approved wetland replacement plan for the Bloomfield Vineyards development. 2 APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS FROM THE MINNESOTA WETLAND BANK Return Original to BWSR — Transaction may not be processed without required signatures 1. PROPOSED USER OF CREDITS 2. Impact Site Information Name(s) Chad Onsgard, Pulte County Dakota Major Wtrshd No.38 Bank Service Area 8 Address: 7500 Office Ridge Circle, Suite 325 Location: 'A ''A Sec 28, Twp.115N, Rge 19W Size of Wetland Impact: 0.9 acres City Eden Prairie State MN ZIP 55344 Wetland Types Impacted: Type 1/5 Day Phone (952) 988-8202 Wetland Plant Communities impacted sfb /sow Required Replacement Ratio: 2:1 WCA/local/COE/NRCS Amount to be replaced using Bank Credits:0.4 acres Email Address chad.onsgard @pultegroup.com Amount replaced on site: 0.5 acres Project Name: Bloomfield Vinyards Attach replacement plan if additional detail is needed. 3. OWNER / SELLER OF CREDITS 4. Regulating Authority(ies) Approving Account No. 1144 Watershed No. 38 the Use of Wetland Bank Credits Replacement Plan approved by (check all that apply): County: Dakota Bank Service Area 8 ® Local WCA LGU: City of Rosemount (Print agency name) Name of Seller: Bachman Wetland Bank Local Permit # ❑ U.S. Army Corps of Engineers: Permit # Mike Graham (Name of Authorized Representative) ❑ MN Dept. of Natural Resources: Permit # (Signature of Seller /Authorized Representative) ❑ Natural Resources Conservation Service: Permit # ® Other authority involved: BWSR, Dakota SWCD ❑ Enclosed transaction fee, payable to "Board of Water & Soil Resources." 5. CREDITS PROPOSED TO BE WITHDRAWN FROM ACCOUNT NO. Credit Acres Wetland Cost Sub - Group' withdrawn Type Wetland Plant Community3 (per acre) A 0.4 3 Shallow Marsh 31,363.20 [pick one] [Pick One] [Pick One] Totals: 1 acre = 43,560 sq. ft. FEE TOTAL: Total credits x fee -per- credit (see Fee Schedule) = $ 12,535.20 'Letters signify credit sub - groups, which represent wetland areas with different wetland characteristics. 2 Circular 39 types: 1, 1L, 2, 3, 4, 5, 6, 7, 8, R, U (for Upland Buffer). 3 Wetland plant community type: shallow open water, deep marsh, shallow marsh, sedge meadow, fresh meadow, wet to wet -mesic prairie, calcareous fen, open bog or coniferous bog, shrub -carr /alder thicket, hardwood swamp or coniferous swamp, floodplain forest, seasonally flooded basin, or upland buffer. See Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers. Page 1 of 2 BWSR Form: wca- bank -05- withdrawal.doc Revised 1/5/2011 6. CERTIFICATION OF USER OF WETLAND CREDITS The proposed user of credits hereby certifies that he/she: a) either owns the subject wetland credits or has entered into an agreement to purchase said credits, subject to the approval of all applicable regulatory authorities and b) has filed appropriate plans, specifications and application forms with all applicable regulatory authorities that describe the wetland or water resource impacts for which the subject wetland credits will be utilized for mitigation purposes. Chad Onsgard, Pulte Authorized Signature of Proposed User of Credits PRINT Name Date 7. REGULATORY AUTHORITY APPROVAL(S) The following authorized representatives of the regulatory authority (ies) identified on page 1 of this application hereby certify that they have: a) verified that the subject wetland credits are deposited in the account of the owner / seller, b) approved a wetland replacement plan or other water resource impact under their jurisdiction, and c) approved the proposed use of the wetland bank credits described herein. Jed Chesnut, City of Rosemount PRINT Name of WCA LGU Official Signature of Authorized WCA LGU Official Date PRINT Name of Other Regulatory Official (if any) Signature of Other Authorized Official Date Agency ADDRESS of Other Regulatory Official 8. CERTIFICATION OF OWNER / SELLER OF CREDITS I am the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank and hereby certify that: 1) the credits described in this application have either been sold to the user of credits or I will use them to mitigate wetland impacts for my own project, 2) I have received payment in full from the buyer (if applicable), 3) the credits have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the project site information block on the previous page, 4) the subject wetland credits should be withdrawn my account, 5) I will not have a negative balance of credits after the subject credits are debited from my account, and 6) the Annual Fee for this account has been paid (or will be with an enclosed check). Authorized Signature of Owner / Seller of Credits Date 9. BWSR APPROVAL AND DEBITING OF ACCOUNT 1 hereby certify that the credits have been properly debited from the subject account, effective the date of signature. Authorized Signature Date Upon approval by BWSR, a copy of this instrument will be mailed to the user of the credits, all regulatory authorities involved, the account holder and the Board Conservationist. A letter will also be sent to the account holder acknowledging the debit and new account balance. IMPORTANT REMINDERS 1. The Owner / Seller of the credits is responsible for submittal of this form, containing all required signatures, to the BWSR Wetland Bank Administrator so the affected account can be properly debited. 2. No impacts to any wetland or other water resource may commence until the credits have been debited from the Minnesota Wetland Mitigation Bank and a copy of this approval has been mailed to the regulatory authority(ies), the account holder and the user of the credits. 3. It is a criminal offense for a seller of wetland credits to sell credits more than one time. It is the responsibility of the account holder to report any credit sales that are not noted on the most current official BWSR account balance. Page 2 of 2 BWSR Form: wca bank - withdrawal.doc Mail to: Bank Coordinator. Board of Pater & Soil Resources Revised 1/5/2011 520 Lafayette Road North St. Paul, MN 55155 J , — c3 A. WSB & Assoc Infrastructure • Engineering • Planning • Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Memorandum To: David Weetman, Westwood Chad Onsgard, Centex Homes Brian Watson, Dakota SWCD Ken Powell, BWSR Melissa Doperalski, DNR Copy: Morgan Dawley, City of Rosemount From: Jed Chesnut, WSB & Associates Date: September 24, 2009 Re: Bloomfield Vineyards: Wetland Mitigation Site Wetland Boundary and Type Decision WSB Project No. 1005 - 65,1556 -80 Please find attached a Wetland Conservation Act Notice of Decision for the above referenced project. Please call me with any questions at 763 - 231 - 4854. Minneapolis • St. Clout! Equal Opportunity Employer Minnesota Wetland Conservation Act Notice of Wetland Conservation Act Decision Name and Address of Local Government Unit: City of Rosemount, 2875 145 St W, Rosemount, MN 55068 Name of Applicant: Westwood Professional Services on behalf of Centex Homes Project Name: Bloomfield Mitigation Areas Application Number: 1005 -65, 1556 -80 Type of Application (check one): ❑ Exemption ❑ No Loss ❑ Replacement Plan ❑ Banking Plan ® Wetland Boundary / Type Date of Decision: September 24, 2009 Check One: ® Approved ❑ Approved with conditions (see note on page 2 regarding use of wetland banking credits) ❑ Denied Summary of Project/Decision (indicate exemption number per MN Rule 8420.0122, if applicable): A site visit occurred on September 17, 2009 to review the wetland delineation, as performed by David Weetman of Westwood Projessional Services, of the mitigation wetland within the Bloomfield Development. The delineated wetland consisted of a Type 1, seasonally flooded basin and was dominated by reed canary grass. The wetland area was 21,987 square feet (0.50 acres) in size. Please note: the 0.5 acre size of the delineated wetland is smaller than required by the wetland replacement plan for this development. There is a 0.4 acre deficit of the 0.9 acres of required mitigation. This deficit will need to be fulfilled and further details will be included in the Certificate of Compliance document, once issued. List of Addressees: Landowner: Chad Onsgard Centex Homes 12701 Whitewater Drive, Suite 300 Minnetonka, MN 55343 David Weetman Westwood Professional Services 7699 Anagram Drive Eden Prairie, MN 55344 Members of Technical Evaluation Panel: Brian Watson Dakota County SWCD 4100 220 St W, Suite 102 Farmington, MN 55024 - Page 1 of 2 WCA_Notice of Decision - Bloomfield - WetDelin- 092409.doc 09/24/09 Ken Powell BWSR 520 Lafayette Road St Paul, MN 55155 Department of Natural Resources Regional Office (select appropriate office): Central Region: Reg. Env. Assess. EcoL Div. Ecol. Services 1200 Warner Road St. Paul, MN 55106 You are hereby notified that the decision of the Local Government Unit on the above - referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0200 and 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ❑ (ForLGUstaffdecisions and decisions made (For LGU decisions made after a public hearing) without a public hearing, list name and address of Executive Director LGUgoverning body or designated appeal body.) Minnesota Board of Water and Soil Resources City of Rosemount 520 Lafayette Road North Address above St. Paul, MN 55155 NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking credits is conditional upon withdrawal of the appropriate credits from the state wetland bank. No wetland impacts may commence until the applicant receives a copy of the fully signed and executed "Application for Withdrawal of Wetland Credits," signed by the BWSR wetland bank administrator certifying that the wetland bank credits have been debited. THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicant proceeds at their own risk if work authorized by this decision is started before the appeal time period has expired. If this decision is reversed or revised under appeal the applicant is responsible for all wetland impacts. LOCAL GOVERNMENT UNIT Signature Date Jed Chesnut, Wetland Specialist Name and Title - Page 2 of 2 WCA Notice of Decision - Bloomfield- WetDelin- 092409.doc 09/24/09 C a e s <a II o 1:10 cu o v a v 1 114 b 2 ..... 1>° D . < k ry i i �',�. 41 II -,J MM T W "Ci 41 VJ . g lii i 4Ir ,1 d 11110‘ \*...\X\ '....• + t. a c.... Z., /l '-..— 4:4 A r , , k lir i , , ractr k i)::::-...1,-;,.., T ie,„ Akt p, k -A, „ it * ' C* a � i /0- ,,4 1? k , • l t\\ 'N,..j i i I / 44 'h '�t ��1 - L'-' ` r . 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P' IJ1 /1SO'89010002\B•P \SO'89010002 \d _ CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2003- 49 A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR BLOOMFIELD 7 ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from Centex Homes for approval of the Preliminary Plat for Bloomfield 7 Addition; and WHEREAS, on April 8, 2003, the Planning Commission of the City of Rosemount reviewed the Preliminary Nat for Bloomfield 7 Addition and recommended approval, subject to conditions; and WHEREAS, on May 6, 2003, the City Council of the City of Rosemount reviewed the Preliminary Plat for Bloomfield 7 Addition; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Preliminary Plat for Bloomfield 7 Addition, subject to: 1. Compliance with the conditions of Resolution 2003 -16. 2. Incorporation of recommendations of the City Engineer specified in the attached memos dated March 17 and revised April 30, 2003 concerning drainage, grading, streets and utilities. 3. Doubling the landscape screening with an additional row of trees between the houses and the drainage swales along the railroad and Connemara Trail corridors. 4. Provision of 27 common off - street parking spaces at Council's discretion. 5. Homeowner's Association documents shall be recorded at Dakota County upon approval of the City Attorney. 6. Conformance with the requirements of Final Plat including execution of a subdivision development agreement. ADOPTED this 6 day of May, 2003, by the City Council of the City of emount. i al. ., ZiL6 ... 4 William H. Droste, Mayor ATTEST: d' , - Linda Jentink, Ci r erk Motion by: Riley Seconded by: DeBettignies Voted in favor: Droste, Riley, Strayton, DeBettignies Voted against: None Member absent: Kim Shoe- Corrigan