HomeMy WebLinkAbout6.h. Approve an Application for Withdrawal from Wetland Bank for SKB4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: July 20, 2010
AGENDA ITEM: Approve an Application for Withdrawal
AGENDA SECTION:
from Wetland Bank for SKB
Consent
PREPARED BY: Kim Lindquist, Community Development
AGENDA NO. ae
Director
ATTACHMENTS: Application, WCA Permit, Purchase
Agreement, Memorandum from Andi
APPROVED BY:
Moffatt
RECOMMENDED ACTION: Motion to Approve the Application
BACKGROUND
In 2008, the City approved an Interim Use Permit to allow expansion of the SKB waste facility. Part of the
expansion required filling of a wetland and partial filling of another on the site. The wetland filling
prompted the need for mitigation under the Wetland Conservation Rules (WCA). As part of the plan
approval, the City approved wetland mitigation in an area adjacent to an existing on -site wetland.
DISCUSSION
Since the approval, the City was contacted by SKB representatives looking for mitigation elsewhere in the
community. After much review, a site within a local park was selected. Because of the 5 -year monitoring
requirement, and due to the substantial capital cost of the SKB facility expansion, SKB has suggested
purchase of wetland credits. Along with the purchase, SKB has committed to making wetland
improvements and park enhancements at Schwarz Pond Park. SKB is aware of the City's policy to mitigate
within the community. In staffs opinion, the anticipated improvements at the park would satisfy the spirit
and intent of the policy.
At the present time SKB is moving forward with the purchase of the wetland credits which is the motion
for approval tonight. WSB, SKB, and staff are continuing to work on the details of the wetland that will
occur within Schwarz Pond Park. The wetland is a designated DNR wetland and therefore additional rules
apply to work within the area. It is hoped that a plan for the wetland mitigation and enhancements will be
available later this summer.
RECOMMENDATION
Motion to approve the application for withdrawal from a wetland bank to fulfill SKB mitigation
requirements. This would be a modification to the previously approved WCA permit issued by the City.
APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS
FROM THE MINNESOTA WETLAND BANK
Return Original to BWSR — Transaction may not be processed without original signatures
1. PROPOSED USER OF CREDITS
Name(s) John Domke, SKB
Address: 13425 Courthouse Blvd.
Rosemount, MN 55068
City State ZIP
Day Phone (612,)366-4353
Other Phone ( )
3. OWNER / SELLER OF CREDITS
Account No. 1144 Watershed No. 38
County: Dakota Bank Service Area 8
Name of Seller: Alan Bachman
(N of Autho 'zed Representative)
(Signature of Seller /Authorized Representative)
2. Impact Sit
County Dakota Maj(
iformation:
'trshd No.38
4. Regulating Authority(ies) Approving
the Use of Wetland Bank Credits
Replacement Plan approved by (check all that apply):
® Local WCA LGU: City of Rosemount (Print agency name)
Local Permit #NA
❑ U.S. Army Corps of Engineers: Permit #NA
❑ MN Dept. of Natural Resources: Permit #NA
❑ Natural Resources Conservation Service: Permit #NA
❑ Other authority involved: NA
1RI Enclosed 6.5% transaction fee, payable to "Board of Water & Soil Resources."
Letters signify credit sub - groups, which represent wetland areas with different wetland characteristics.
2Circular 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.
BWSR Form: wca- bank- 05- withdrawal.doc Page 1 of 2
Revised 6/1/2010
Credit
Sub - Group
Acres
withdrawn
Wetland ~
Type
Wetland plant
IN N,
(per acre)
)
Z
0.6
3
Shallow Marsh
37,026
Z
1.02
2
Fresh Wet Meadow
37,026
[Pick One]
[Pick One]
Totals:
1 acre = 43,560 sq. ft.
Fee Total (Total cost x 0.065 =
s3,630-95
Letters signify credit sub - groups, which represent wetland areas with different wetland characteristics.
2Circular 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.
BWSR Form: wca- bank- 05- withdrawal.doc Page 1 of 2
Revised 6/1/2010
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 t subject wetlan credit will be utilized for mitigation purposes.
G-' ZL7 n P ®1K k 4e-
Au orized 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.
PRINT Name of WCA LGU Official
PRINT Name of Other Regulatory Official (if any)
Agency Address of Other Regulatory Official
Signature of Authorized WCA LGU Official Date
Signature of Other Authorized Official Date
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 ha e a negative balance of credits after the subject credits are debited from my account, and
6) the Ann or t count has been paid (or will be with an enclosed check).
71;5-11-(J
Authoried Signature of Owner / Seller of Credits Date
9. BWSR APPROVAL AND DEBITING OF ACCOUNT
I 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
The Owner / Seller of the credits is responsible for submittal of this form, containing original signatures, to the BWSR
Wetland Bank Administrator so the affected account can be properly debited.
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.
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- 05- withdrawal.doc Mail to: Bank Coordinator, Board of Water & Soil Resources
Revised 6/1/2010 520 1_.a.fayette Read North St. Paul, MN 55155
Name of Local Government Unit: City of Rosemount
Name of Applicant: Mike Fullerton, SKB
Project Name: SKB Industrial Waste Facility
Type of Application (check one): ❑ Exemption Decision
❑ No Loss Decision
® Replacement Plan Decision
❑ Banking Plan Decision
❑ Wetland Type/Boundary Decision
Date of Decision: October 7, 2008
Date of Permit Expiration: October 7, 2011
Check One: ❑ Approved
® Approved with conditions (see note on page 2 regarding use of wetland banking credits)
❑ Denied
Summary of Project/Findings and Conclusions (indicate exemption number per MN Rule 8420.0122, if
applicable):
The applicant is proposing to expand the SKB Industrial Waste Facility, which is
anticipated to result in filling a portion of Wetland 1 (0.3 acres) and filling all of Wetland
3 (0.51 acres). The total wetland fill proposed is 0.81 acres. Wetland 1 is in the City's
Wetland Management Plan as #438 and is classified as a Manage 1. Wetland 3 is listed
as Wetland #432 and is classified as a Manage 2. The applicant is proposing to construct
on -site wetland mitigation immediately east and west of the existing wetland. The
eastern mitigation site is 0.92 acres and the western mitigation site is 0.70 acres. The
total on -site new wetland credit proposed is 1.62 acres. This amount meets the required
2:1 mitigation ratio. The City's Wetland Management Plan requires a 50 foot buffer
around Wetland 1.
Page 1 of 4
K. 101668- 5614dminL- ermits1WCA DecisionFindingsConclusions.doc
It has been determined that wetland impacts have been avoided, minimized, rectified, and
reduced to the greatest extent reasonable based on site constraints within the project area.
For those impacts that could not be avoided, the proposed wetland replacement plan
includes the following impact and mitigation plans:
The submitted application is approved based on the following conditions:
1. The WCA Deed Forms are filed with the County for the on -site mitigation, as
required, and a copy provided to the City.
2. The cross section on the plan states that the delineation berm is at elevation 224.5.
This should be corrected to state 824.5.
3. A seeding and restoration plan for the buffer must be provided.
The following performance standards are included as part of the permit conditions:
1. Submittal of hydrologic monitoring for the existing Wetland 1 with monitoring at least
once a month between April and October for at least five years. This information should
be submitted to the City in an annual report at the end of October each year.
2. The mitigation area will be saturated or inundated for 30 consecutive days during the
growing season under normal to wetter conditions.
3. Year 1: The first full growing season after upland buffer is established, the cover species
must be present over the entire site by the end of the growing season. For the first full
growing season for the wetland, seedlings of at least three early successional native
sedges, rushes, and/or grasses should be dispersed throughout the seeded area. The cover
wetland crop should also be present by the end of the growing season. There should be
no more than 20% cover of exotic, non - native invasive vegetation. (The first full growing
season for fall planting is defined as the following growing season; for spring planting it
is defined as the current growing season).
Page 2 of 4 K. 101668- 56Udmin1PerPdts1WCADecisionFindingsCondusions .doc
Acres
Permanent Wetland Fill
0.81
Total Impact
0.81
New Wetland Credit Created On -Site
1.62
Public Value Credit Created On -Site
0
Total Mitigation Provided
1.62
Total Miti ation Required
1.62
The submitted application is approved based on the following conditions:
1. The WCA Deed Forms are filed with the County for the on -site mitigation, as
required, and a copy provided to the City.
2. The cross section on the plan states that the delineation berm is at elevation 224.5.
This should be corrected to state 824.5.
3. A seeding and restoration plan for the buffer must be provided.
The following performance standards are included as part of the permit conditions:
1. Submittal of hydrologic monitoring for the existing Wetland 1 with monitoring at least
once a month between April and October for at least five years. This information should
be submitted to the City in an annual report at the end of October each year.
2. The mitigation area will be saturated or inundated for 30 consecutive days during the
growing season under normal to wetter conditions.
3. Year 1: The first full growing season after upland buffer is established, the cover species
must be present over the entire site by the end of the growing season. For the first full
growing season for the wetland, seedlings of at least three early successional native
sedges, rushes, and/or grasses should be dispersed throughout the seeded area. The cover
wetland crop should also be present by the end of the growing season. There should be
no more than 20% cover of exotic, non - native invasive vegetation. (The first full growing
season for fall planting is defined as the following growing season; for spring planting it
is defined as the current growing season).
Page 2 of 4 K. 101668- 56Udmin1PerPdts1WCADecisionFindingsCondusions .doc
4. Year 2: The upland and wetland must have at least 50% cover of the native grasses,
sedges, and forbs. The site must contain 70% of the middle successional species from the
seed mixes and there should be no more than 10% cover of exotic, non - native invasive
vegetation. See the publication "Restoring and Managing Native Upland Vegetation" for
sample species lists.
5. Years 3 -5: The upland and wetland must have at least 70% cover of the native grasses,
sedges, and forbs. The site may have no more than 10% cover of exotic, non - native
invasive vegetation. See the publication "Restoring and Managing Native Upland
Vegetation" for sample species lists.
6. The Wetland Conservation Act (WCA) Deed forms will be developed by the applicant,
filed with the County, and evidence of recording provided to the City prior to the start of
wetland mitigation construction.
7. In the second and fifth year of monitoring, the wetland will be delineated by the applicant
or City to determine the size of the mitigation area.
8. Record drawings of the mitigation site will be provided by the applicant upon grading of
the mitigation site.
9. A performance bond shall be provided by the applicant.
10. At the 5a' monitoring year, if requirements of these performance standards are not met,
the monitoring period will be extended.
Qualified by the above conditions, the wetland replacement plan has been determined to offset
the wetland impacts and fully complies with the Wetland Conservation Act. This permit is good
for two years from the date of approval.
List of Addressees:
Mike Fullerton
Ken Powell
SKB
Board of Water and Soil Resources
13425 Courthouse Blvd
520 Lafayette Road North
Rosemount, MN 55068
Saint Paul, MN 55155
Brian Watson
Vermillion WMO
Dakota SWCD
Dakota County Physical Development Division
4100 - 220th St West - Suite 102
14955 Galaxie Avenue
Farmington, MN 55024
Apple Valley, MN 55124
Janell Miersch
DNR Wetland Coordinator
DNR Waters
Ecological Services Section
1200 Warner Road
500 Lafayette Road, Box 25
St. Paul, MN 55106
St. Paul, MN 55155
Page 3 of K. 101668- 5614dminlPei7ni trlWC ADecisionFindingsConduslons.doc
Brad Johnson Mark Kjolhaug
US Corps of Engineers, St. Paul District KES
ATTN: CO -R, 190 Fifth Street East 26105 Wild Rose Lane
St. Paul, MN 55101 -1638 Shorewood, MN 55331
You are hereby notified that the decision of the Local Government Unit on the above - referenced
application was made on the date stated above. Pursuant to Minn. R. 8420.0250 any appeal of
the decision must be commenced by mailing a petition for appeal to the Minnesota Board of
Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this
Notice.
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 ONLYAPPLIES 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.
LOCAL GOVERNMENT UNIT
Signature
Name and Title
/o /e /DS
Date
i �✓j
Page 4 of 4 % 101668- 561AdminWermit tWCADecisionFindingsConclttsions .doc
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The following is a sample of'a possible Purchase Agreement for the sale of Wetland Banking Credits.
This Purchase Agreement does not necessarily cover all of the issues that would be important to Sellers
and Buyers, nor does it address the terms that would be appropriate for any particular transaction.
Sellers and Buyers should obtain the services of qualified legal counsel to adapt this Purchase Agreement
to meet their specific needs.
PURCHASE AGREEMENT
FOR
WETLAND BANKING CREDITS
THIS AGREEMENT is made this— / � _ day of J v I y , 2010_ between
Alan Bachman_ (Seller) and _SKB Environmental (Buyer).
Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the wetland banking credits
(Credits) listed below:
CREDITS TO BE SOLD
Credit
Acres or
Wetland
Plant Community Type 3
Cost per
State Fee
Sub-
Sq. Ft.
Circ. 39
Acre or Sq.
6.5%
Fee Cost
Group'
Type 2
Foot
A
70,567.2
SWC
$0.85/s.f.
0.065
$3630.95
B
0.065
C
0.065
D
0.065
E
0.065
Totals
$59,982.12
$3,630.95
Check
here if additional credit sub-groups are part of this account and are listed on an attachment to this document.
'A separate credit sub -group shall be established for each wetland or wetland area that has different wetland characteristics.
2Circular 39 types: 1, 1L, 2, 3, 4, 5, 6, 7, 8, B, U.
3Wetland 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. 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..
2. Seller represents and warrants as follows:
a) The Credits are deposited in an account in the Minnesota Wetland Bank administered by the
Minnesota Board of Water and Soil Resources (BWSR) pursuant to Minn. Rules Chapter
8420.0700 - .0760.
b) Seller owns the Credits and has the right to sell the Credits to Buyer.
Page 1 of 2
BWSR Form: wca- bank -12 (purchase agreement).doc
Revised 6/1/2010
Buyer will pay Seller a total of $_59,982.12_ for the Credits, as follows:
a) $0_ as earnest money, to be paid when this Agreement is signed; and
b) The balance of $_59,982.12 to be paid on the Closing Date listed below.
4. [X] Buyer, [❑ ] Seller agrees to pay to a withdrawal fee of $_3,630.95_ to the State of Minnesota
based on 6.5% of the agreed to purchase price. At the Closing Date, [X] Buyer, [❑ ] Seller will execute a
check made out for this amount, payable to the Board of Water and Soil Resources.
5. The closing of the purchase and sale shall occur on or before July 31, 2010 (Closing Date) at a
location to be determined. The Closing Date and location may be changed by written consent of both
parties. Upon payment of the balance of the purchase price, Seller will sign a fully executed Application for
Withdrawal of the Credits in the form specified by BWSR, provide a copy of the Application for Withdrawal
to the Buyer and forward the same to the BWSR along with the check for the withdrawal fee.
6. Buyer has applied or will apply to the City of Rosemount (Local Government Unit (LGU) or other
regulatory authority) for approval of a replacement plan utilizing the Credits as the means of replacing
impacted wetlands. If the LGU has not approved the Buyer's application for a replacement plan utilizing the
Credits by the Closing Date, and no postponement of the Closing Date has been agreed to by Buyer and
Seller in writing, then either Buyer or Seller may cancel this Agreement by giving written notice to the other.
In this case, Seller shall return Buyer's earnest money, and neither Buyer nor Seller shall have any further
obligations under this Agreement. If the LGU has approved the replacement plan and the Seller is ready to
proceed with the sale on the Closing Date, but Buyer fails to proceed, then the Seller may retain the earnest
money as liquidated damages.
7 11 S Ird
(Signature of Seller) (Date)
BWSR Form: wca- bank -12 (purchase agreement).doc
Revised 6/1/2010
(Signature of Buyer) (Date)
Page 2 of 2
WSB
&Assoc- Infrastructure ■ Engineering ■ Planning ■ Construction
To: Kim Lindquist, City of Rosemount
From: Andi Moffatt, WSB & Associates
Date: July 14, 2010
Re: SKB Wetland Mitigation — WCA Requirements
WSB Project No. 1668-56
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 -541 -4800
Fax: 763 - 541 -1700
The purpose of this memo is to provide a summary of the recent proposed changes to the wetland
mitigation required for SKB for their Industrial Waste Facility.
The City of Rosemount, as the Local Government Unit (LGU) for the Wetland Conservation Act
(WCA) issued a permit to SKB for wetland impact and mitigation in October 2008. The permit
allowed for filling 0.81 acres of wetland and creating 1.62 acres of wetland mitigation on site.
Since that time, SKB approached representatives of the City requesting to obtain wetland
mitigation through a different site in Rosemount or through purchasing credit from a wetland
bank rather than creating the wetland on -site due to difficulties they expressed with creating
wetland on -site. Staff directed WSB to identify other suitable wetland mitigation locations
within the City. WSB reviewed aerial photos, soils maps, the NWI, and conducted field reviews
of possible locations within the City. However, after significant review, a site that would meet
the required mitigation size and design, provide suitable hydrology, and have a willing
landowner could not be located.
Based on these results, City Staff directed WSB to assist SKB in locating a suitable wetland bank
to purchase wetland credits. SKB will purchase 1.62 acres of wetland credit from Wetland Bank
No. 1144 located in Empire Township. The required purchase agreement and signed wetland
banking credit withdrawal form have been received by the City. The purchase agreement is
between SKB and the bank holder. The wetland bank credit withdrawal form is the document
the City uses to approve the transaction per the WCA. By filing these documents with the state,
the WCA requirements for wetland mitigation will be met for the SKB Industrial Waste Facility.
Once reviewed by the City, WSB can submit these documents to the state.
If you have questions, please feel free to call me at (763)287 -7196.
Minneapolis ■ St. Cloud
Equal Opportunity Employer
C: \Users\kjl\AppDara \Lml\Micro ft \Windms\Temporary Interact Files\ ContmtWOook\ OHHNl72v \IAEMO- k1i1*w9- 071110(2).doc