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
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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