HomeMy WebLinkAbout2.b. SKB Wetland Replacement ModificationRCI)SEMOUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Work Session: June 15, 2010
AGENDA ITEM: SKB Wetland Replacement Modification
AGENDA SECTION:
�� 1
PREPARED BY: Kim Lindquist, Community Development
AGENDA NO.
Director
ATTACHMENTS: Maps, Approved Wetland Notice of
Decision, Draft Parks and Recreation
APPROVED BY:
Commission Minutes 4 -24 -2010
1 ow
RECOMMENDED ACTION: Information Item; No Action Required at this Time.
ISSUE
On October 7, 2008, the City Council approved a Wetland Permit for the SKB Industrial Waste Facility.
As part of their proposed expansion, the City had allowed filling of a small Type 3 wetland and a partial
filling of a Type 1 wetland on their property. The total amount of wetland proposed to be filled was 0.81
acres. The permit allowed mitigation of the wetland on -site with a 2 to 1 ratio as required by the Wetland
Conservation Act (WCA) rules.
Since that time the applicant has approached the mayor and staff about mitigating the wetland elsewhere in
the community. Some members of the Technical Advisory Panel initially involved with the wetland permit
review have continued to support purchase of wetland credits rather than replacement on the wetland on-
site. The wetland bank is outside of the City of Rosemount. Because this idea is contrary to the City's
adopted Wetland Plan, staff has been working with SKB to determine other alternate sites.
Recently, staff has discussed the idea of expanding portions of Schwarz Park Pond, around the open water
wetland. There is area to the east of the water, between the trail and high school activity areas, available for
mitigation. This area is vegetated primarily with invasive species but does provide an upland buffer.
However, that buffering area also screens the views of the open water (a rarity in Rosemount) to users of
the Park. In part, because the north and west of the pond is heavily vegetated with upland vegetation and
has steep topography, those sides of the pond will remain untouched. Staff has discussed preliminarily this
location with SKB and they are interested in pursuing its use for wetland mitigation. They would open up
the views to the east and revegetate with native wetland species. It is expected that there would also be
some vegetative enhancements to the upland buffer and staff has also indicated enhancements to the
active part of the park, such as a fishing pier, would also be required. An additional site, should additional
mitigation be needed to fulfill state requirements is the low area along Dodd Road. While this location
would be less disruptive, the hydrology of the area is not as good as that adjacent to the pond. Therefore
the wetland consultants are less confident about the ability to create a wetland large enough to secure all
needed mitigation at the more eastern Dodd Blvd. location.
At the present time staff is bringing this item before the Council so you are aware about the discussions
and activity that is occurring. Dan Schultz, Parks and Recreation Director, has discussed the possible
wetland mitigation in the Park with the Parks and Recreation Commission. They have indicated they
would like to continue to explore this option, depending upon additional information. Mr. Schultz has also
met with representatives of Rosemount High School to inform them about the potential change. None of
the land that would be affected by the wetland mitigation would be on school owned property. However,
with the school activities in close proximity and our ongoing partnerships, we will continue to keep them
informed.
Staff is continuing to move forward to explore these mitigation sites due to the timing of SKB's expansion
plans: a pipeline needs to be relocated which requires some wetland filling in the near future. Because a
permit has already been issued and the amendment would be on an off -site location, a formal review
process, although shorter than the first review is necessary. Should the Council wish to continue moving
forward, the amended permit would be brought before the Council for final approval.
CONCLUSION
The City has previously expressed a strong preference for preservation of wetlands and if they cannot be
preserved, mitigation should occur within the community. This is in part, due to the scarcity of this
resource in the City. The proposed SKB wetland does not provide a lot of public benefit of that resource
and does present some hydrological challenges. Alternate sites within the community were explored, the
first being on UMore property behind DCTC. Unfortunately the hydrology in the area, and the soil types
did not indicate that this would be a good wetland mitigation site. After that review, staff turned to areas in
Schwarz Pond Park which has an open water pond, indicating good hydrology. Two areas have been
identified and several site visits and reviews have already occurred. Mitigation east of the pond would open
up views of the open water to trail users, the wetland would provide an enhanced ecosystem not found
abundantly in the park or the City, and the mitigation site would allow introduction of native species and
removal of invasives. In recognition of the ability to mitigate on City property, there have been preliminary
discussions with SKB about additional enhancements to the park along with the enhanced
ponding /wetland treatment.
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WSB
& Associates, Inc.
Infrastructure 1 Engineering 1 Planning 1 Construction
MEMORANDUM
To: Mike Fullerton, SKB
Mark Kjolhaug, Kjolhaug Environmental
Ken Powell, BWSR
Brian Watson, Dakota SWCD
Jim Davis, Vermillion WMO (at SWCD)
Janell Miersch, DNR Waters
DNR Wetlands Coordinator
Brad Johnson, US Corps of Engineers
From: Andi Moffatt, WSB & Associate, /'^
Date: October 9, 2008
Re: WCA Notice of Decision
SKB Industrial Waste Facility
WBS Project No. 1668-56
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 -541 -4800
Fax: 763-541-1700
On behalf of the City of Rosemount as the Local Government Unit (LGU) for the Wetland
Conservation Act (WCA), please find attached a WCA Notice of Decision for the above referenced
project. The City Council approved this application at the October 7, 2008 City Council meeting.
Please call me if you have comments or questions at (763)287 -7196.
cc: Eric Zweber, City of Rosemount
Morgan Dawley, City of Rosemount
ACEC 2008 Firm of the Year
Minneapolis 1 St. Cloud
Equal Opportunity Employer s:mrsss se�,mw w„.m„muo -, ,aaacaw�
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- 561AdminWermitAWCA DecisionFindingsConclusions.doc
It has been detemlined 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 K.• 101668- 561AdminIPermitsIWCADedslonFindingsConclusions .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 Mitigation 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 K.• 101668- 561AdminIPermitsIWCADedslonFindingsConclusions .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 5h 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 4 KA01 668- 561AdminlPermRsV WCADecisionFindingsCondustons .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.
THISDECISIONONLYAPPLIES 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
O�lG1
W.
Signature
61- 3ci-;YQW
Name and Title
/0 /c/o
Date
4 7OR 0117C
Page 4 of K. 101668- 561AdminIPermitslWCADecisionF indingsConclusions.doc
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Draft Excerpt from Parks and Recreation Commission Meeting May 24, 2010
a. Schwarz Pond Park — Wetland Mitigation and Enhancements — SKB Environmental has
approached the City regarding 1.6 acres of off -site wetland mitigation required due to expansion
plans at their Rosemount site. Schultz reviewed a map of Schwarz Pond Park and pointed out a
couple of areas on the west side of the Rosemount High School fields, as well as some areas in other
parts of Rosemount, that might be suitable for the wetland mitigation. Schultz explained how the
mitigation process would affect the area in Schwarz Pond Park, including the removal of a number of
trees and probable damage to the trail that runs near the proposed mitigation area. Equipment for
the mitigation would have to use the trail, which would then need to be repaired or replaced. Schulz
has spoken with high school staff and they currently use this wooded area for science classes and
were not in favor of mitigation at this location. Whatever location is decided on for the mitigation,
Schultz would like to bring this item back to the Commission. He did not feel that a decision could
be made on anything until we are provided with a better plan. There was discussion about asking for
additional fencing /a larger net along the west side of the soccer field (near the proposed Schwarz
Pond Park mitigation area) as part of SKB's repair of the site after the mitigation, adding signage
along the trails, and adding an observation deck or fishing pier. Repairing /replacing the trail and
finding a place for the fill that is removed will be necessary, and additional trees /landscaping will also
be needed to replace what is removed for the mitigation. MOTION by Bartz to recommend the
City continue working towards a wetland mitigation project that will enhance Schwarz Pond Park
recreation and educational opportunities. SECOND by Eisold. Ayes: 4 Nays: 0 Motion passed