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1b-3. Tanadoona Drive Wetland Alteration Permit CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site YNrW.ci .chanhassen. mn .us ib-3 MEMORANDUM TO: Todd Gerhardt, City Manager o~. FROM: Alyson Fauske, Assistant City Engineer DATE: August 13,2007 SUBJ: Tanadoona Drive Stormwater Pond Request for a Wetland Alteration Permit Planning Case 07-27 EXECUTIVE SUMMARY The City is proposing the creation of a storm water pond in conjunction with the Tanadoona DrivelDogwood Road reconstruction project on the northwest corner of Tanadoona Drive and Dogwood Road. The proposed pond will impact approximately 0.05 acres (2,100 square feet) of wetland. Wetland bank credits are proposed for the wetland mitigation; 0.05 acres of public value credit and 0.05 acres of new wetland credit. ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on August 7, 2007, to review the proposed wetland alteration. The Planning Commission voted four for and none against a motion recommending approval. The Planning Commission had no issues or concerns with the proposal. RECOMMENDATION Staff recommends adoption of the motion as specified on page 6 in the staff report dated August 7, 2007 approving the wetland alteration permit to alter 2,100 square feet of wetland. A TT ACHMENTS 1. Wetland Alteration permit. 2. Planning Commission Staff Report Dated August 7, 2007. 3. Planning Commission Minutes of August 7, 2007. g:\plan\2007 planning cases\07-17 tanadoona drive wap\executive summary.doc The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA WETLAND ALTERATION PERMIT #07-17 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a wetland alteration permit for the following use: Excavation and maintenance of a stormwater pond, altering 2,100 square feet of wetland, for the purpose of improving water quality in the Lake Minnewashta watershed. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Part of Government Lot 9, Carver County, Minnesota. 3. Conditions. The Wetland Alteration Permit was approved subject to the following conditions: a. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) b. These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. c. A minimum of six trees will be planted on site. Native species shall be used. d. Tree protection fencing shall be installed at the edge of grading limits prior to any construction activity. e. Tree removal limits shall be inspected by the Environmental Resources Specialist prior to any removals. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 1 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: August 13,2007 CITY OF CHANHASSEN By: Thomas A. Furlong, Mayor SEAL By: Todd Gerhardt, City Manager STATEOFMINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of 2007, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public DRAFfED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 2 PC DATE: August 7, 2007 1 CC DATE: August 13, 2007 CITY OF CHANHASSEN REVIEW DEADLINE: September 4, 2007 CASE #: 07-17 BY: AF, BG, JS, KT STAFF REPORT PROPOSAL: Tanadoona Drive Stormwater Pond: Request for a Wetland Alteration Permit. APPLICANT LOCATION: 3300 Tanadoona Drive APPLICANT: City of Chanhassen Attn: Paul Oehme 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1169 PRESENT ZONING: Rural Residential District, RR 2020 LAND USE PLAN: Public/Semi-Public ACREAGE:DENSITY: Not Applicable SUMMARY OF REQUEST: The City is proposing a stormwater pond as part of the public improvement project for Dogwood Road and Tanadoona Drive, which impacts an existing SITE DATA wetland. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a wetland alteration permit is limited to whether or not the proposal meets the standards outlined in the Zoning Ordinance. If it meets these standards, the City must approve the wetland alteration permit. This is a quasi-judicial decision. Location Map Wetland Alteration Permit 3300 Tanadoona Drive Planning Case No. 07-17 City of Chanhassen 3601 7140 Lake Minnewashta SUBJECT PROPERTY 3300 Tanadoona Drive 7301 7311 7321 Dogwood Rd 3301 7331 7341 7401 3241 7431 7460 7480 Dogwood Rd 7530 3121 7537 7550 7560 7570 76207780 Tanadoona Drive Wetland Alteration Permit Planning Case 07-17 August 7, 2007 Page 2 of 7 PROPOSAL/SUMMARY The City is proposing the creation of a stormwater pond in conjunction with the Tanadoona Drive/Dogwood Road reconstruction project on the northwest corner of Tanadoona Drive and Dogwood Road. The proposed pond will impact approximately 0.05 acres (2,100 square feet) of wetland. Wetland bank credits are proposed for the wetland mitigation; 0.05 acres of public value credit and 0.05 acres of new wetland credit. In designing the project the consultant, Kimley- Horn and Associates, Inc., investigated the use of an environmental manhole, a rounded stormwater pond (option 1) which would impact approximately 6,000 square feet of wetlands, and a narrow pond (option 2) alternative that reduced the wetland impacts to approximately 2,100 square feet. The environmental manhole was designed to serve as a sediment removal device for particles as small as 125 microns in diameter. However, it would not have the capability to remove smaller particles or nutrients from the runoff and would not provide any type of rate control. The option 1 pond minimized the pond surface area and requires a smaller permanent drainage and utility easement, but impacts a larger area of wetland. The option 2 pond, though narrower, could not be designed to eliminate wetland impacts due to the volume needed in the pond for rate control and due to site topography. The property to the north is zoned Rural Residential and is a steep, wooded hill on top of which are cabins within Camp Tanadoona. To the east is additional land within Camp Tanadoona. To the south is a single-family home on land zoned Single-Family Residential. To the west is Lake Minnewashta. Staff is recommending approval of the wetland alteration permit (option 2) subject to the conditions of the staff report. APPLICABLE REGUATIONS Chapter 20, Article IV, Division 2, Conditional Use Permits Chapter 20, Article VI, Wetland Protection Sec. 20-404. No net loss. To achieve no net loss of wetland, except as provided under section 20-416 of this article, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, burn, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. Sec. 20-407. Wetland alteration. (a) An applicant for a wetland alteration permit must demonstrate that the activity impacting a wetland has complied with all of the following principles in descending order of priority: (5) Replaces unavoidable impacts to the wetland by restoring or, if wetland restoration opportunities are not reasonably available, creating substitute wetland areas having equal or greater public value as set forth in Minnesota Rules 8420.0530 to 8420.0760. Exceptions Tanadoona Drive Wetland Alteration Permit Planning Case 07-17 August 7, 2007 Page 3 of 7 to this part are calcareous fens, which are subject to Minnesota Rules 8420.1010 to 8420.1070. Sec. 20-408. Permit required. (a) No person shall drain, excavate in the permanent of semi-permanent flooded areas of type 3, 4, or 5 wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Draining, grading, excavating, filling, removing of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (1) Construction of new streets and utilities. (2) Creation of ponds or dams and alterations of the natural drainageways of water courses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland. Sec. 20-409. Filling. When a wetland alteration permit is issued allowing filling in a wetland, filling must be consistent with the Chanhassen Surface Water Management Plan and the Minnesota Wetland Conservation Act. The filling shall not alter the hydrological patterns in the remainder of the wetland if a portion of the wetland remains unless exempted under section 20-416. Sec. 20-412. Mitigation. (a) Mitigation intent. Where wetland alteration is approved and mitigation is required pursuant to City Code and Minnesota Rules 8420.0540, mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by Minnesota Rules 8420.0546 to achieve replacement of the wetland function and value. BACKGROUND Dogwood Road is currently a rural section roadway with no curb and gutter. With the proposed improvements, Dogwood Road will be widened to a 26-foot or 31-foot wide urban section with barrier curb and gutter on both sides. The addition of barrier curb and gutter with storm sewer on Dogwood Road will create point discharges of runoff from the storm sewer at the north and south ends. The base bid of the project included a bid item for an environmental manhole to be installed at the southeast intersection of Tanadoona Drive and Dogwood Road. A bid alternate was included for the construction of a stormwater pond on the northwest corner of Tanadoona Drive and Dogwood Road. The bid alternate requires excavation and fill within a wetland with a backhoe. The existing culvert under the Tanadoona/Dogwood intersection will be replaced with this project. If the stormwater pond is constructed, a pond inlet structure will be installed on the southeast corner of the pond and a pond outlet structure will be installed on the northwest corner of the pond. Tanadoona Drive Wetland Alteration Permit Planning Case 07-17 August 7, 2007 Page 4 of 7 WETLANDS Existing Wetlands One wetland exists on site as delineated by Short, Elliot, Hendrickson on April 16, 2007. The wetland is a 0.19-acre, Type 1 wetland located west of the intersection of Tanadoona Drive and Dogwood Road. The dominant wetland vegetation is small box elder trees and reed canary grass. Wetland Mitigation Mitigation of the proposed wetland impact will be provided by withdrawal of 0.05 acres of public value credit and 0.05 acres of new wetland credit from the City of Chanhassen Wetland Bank. ANALYSIS The intersection of Tanadoona Drive and Dogwood Road is the low point for the western 1,500 feet of Tanadoona Drive and the northern 900 feet of Dogwood Road. The wetland lies within a drainageway that carries surface runoff from the existing roads and drainage from a culvert that connects to the wetland complex to west. For the north portion of Dogwood Road, some type of stormwater management is needed to 1) reduce the erosive forces of the stormwater discharging from the Dogwood Road storm sewer; and 2) provide pretreatment and solids/nutrient removal from stormwater before it is discharged into Lake Minnewashta. The addition of barrier curb prevents runoff from sheet flowing into the ditch, and increases the time of concentration which increases flows. In addition, as the proposed improvements will widen Dogwood Road, impervious area within the project boundary is increased, which indicates that some type of rate control should be exercised. Three alternatives were examined to address stormwater runoff with the project: 1. No-Build/Environmental Manhole Alternative. The base bid for the project is an environmental manhole. To minimize cost and maintenance requirements for the City, the proposed environmental manhole would only function as a sediment removal device for particles as small as 125 microns in diameter. The negative to the selected environmental manhole is that it would not have the capability of removing smaller particles or nutrients from the runoff, and would not provide any type of rate control. 2. Stormwater Pond – Option 1. To better manage flows from the new storm sewer system, a stormwater pond was proposed as a bid alternate. The original design explored the possibility of minimizing the pond surface area by designing a rounded pond. While this pond shape would require a smaller permanent easement from the camp property owner, the impacts to the existing wetland were maximized by the pond grading because of the wetland location. Permanent impacts to the wetland with the Option 1 pond configuration are approximately 6,000 square feet. Tanadoona Drive Wetland Alteration Permit Planning Case 07-17 August 7, 2007 Page 5 of 7 OPTION 1 3. Stormwater Pond – Option 2. The Option 2 stormwater pond keeps the pond as narrow as possible while still minimizing grading and impacts to the adjacent properties. A pond design to fit entirely outside of the existing wetland boundaries was explored; however, there was no feasible way to grade a pond 1) with the volume needed for rate control; and 2) that would fit within the existing topography (we are constrained by hills to the north and east, a private property to the south and Lake Minnewashta to the west). The elongated option was the best design to meet the pond rate control requirements and to match the existing topography. With Option 2, the permanent impacts to the existing wetland are approximately 2,100 square feet. OPTION 2 Tanadoona Drive Wetland Alteration Permit Planning Case 07-17 August 7, 2007 Page 6 of7 TREE REMOVAL This heavily wooded site is covered by a sugar maple-basswood forest on the upland area. It is a regenerating forest with a variety of age classes. Existing tree cover has served to protect Lake Minnewashta by filtering runoff from Tanadoona Drive and reducing erosion along the lakeshore. Tree removal for the proposed stormwater pond will reduce these benefits. Staff recommends that tree plantings consistent with the existing species be located around the pond. Also, tree protection fencing must be installed at the edge of the grading limits prior to any construction activities. RECOMMENDA TION Staff and the Planning Commission recommends that City Council HH~ PhumiRg C0mmissi8R adopt the following motion and adoption of the attached findings of fact and recommendation: "The PhmRiRg C8mmissi€JR re@0mmeR€ls tfie City Council approves Wetland Alteration Permit 07-17 to permit 2,100 square feet of wetland alteration subject to the following conditions: 1. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3:1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed stormwater management pond side slopes, and any exposed soil areas with a positive slope to a stormwater conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 2. A minimum of six trees will be planted on site. Native species shall be used. 3. Tree protection fencing shall be installed at the edge of grading limits prior to any construction activity. 4. Tree removal limits shall be inspected by the Environmental Resources Specialist prior to any removals." Tanadoona Drive Wetland Alteration Permit Planning Case 07-17 August 7, 2007 Page 7 of 7 ATTACHMENTS 1.Findings of Fact and Recommendation. 2.Project Description. 3.Project Alternatives. 4.Wetland Delineation Report Dated April 20, 2007. 5.Public Hearing Notice and Mailing List. g:\plan\2007 planning cases\07-17 tanadoona drive wap\staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of the City ofChanhassen for a Wetland Alteration Permit - Tanadoona Drive Storm Water Pond. On August 7,2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for a Wetland Alteration Permit for 2,100 square feet of wetland alteration on the property located at 3300 Tanadoona Drive. The Planning Commission conducted a public hearing on the proposed conditional use was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential District, RR. 2. The property is guided by the Land Use Plan for Public/Semi-Public uses. 3. The legal description of the property is: Part of Government Lot 9, Carver County, Minnesota 4. Criteria for Approval: a. The proposed project will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed project will be consistent with the objectives of the city's comprehensive plan and Chapter 20, Zoning, of the Chanhassen City Code. c. The proposed project will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed project will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. r The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 1 g. The proposed project will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed project will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 1. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. The proposed project will be aesthetically compatible with the area. k. The proposed project will not depreciate surrounding property values. 1. The proposed project will meet standards prescribed for certain uses as provided in the wetland protection standards. 5. The planning report #07-17 dated August 7,2007, prepared by Alyson Fauske, et ai, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the wetland alteration permit. ADOPTED by the Chanhassen Planning Commission this 7th day of August, 2007. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 2 PART 5: PROJECT DESCRIPTION DOGWOOD ROAD IMPROVEMENTS CITY PROJECT 06-06 WETLAND AL TERA TION PERMIT Dogwood Road is currently a rural section roadway with no curb and gutter. With the proposed improvements, Dogwood Road will be widened to a 26- foot or 31- foot wide urban section with barrier curb and gutter on both sides. The addition of barrier curb and gutter with storm sewer on Dogwood Road will create point discharges of runoff from the storm sewer at the north and south ends. The base bid ofthe project included a bid item for an environmental manhole to be installed at the southeast intersection of Tanadoona Drive and Dogwood Road. A bid alternate was included for the construction of a storm water pond on the northwest comer of Tanadoona Drive and Dogwood Road. The bid alternate requires excavation and fill within a wetland with a backhoe. The existing culvert under the Tanadoona/Dogwood intersection will be replaced with this project. If the storm water pond is constructed, a pond inlet structure will be installed on the southeast comer of the pond and a pond outlet structure will be installed on the northwest comer of the pond. The proposed storm water pond to be constructed is shown in the "Option 2" exhibit attached to this application. PART 6: PROJECT ALTERNATIVES DOGWOOD ROAD IMPROVEMENTS CITY PROJECT 06-06 WETLAND ALTERATION PERMIT No-BuildlEnvironmental Manhole Alternative F or the north portion of Dogwood Road, some type of storm water management is needed to 1) reduce the erosive forces of the stormwater discharging from the Dogwood Road storm sewer and 2) provide pretreatment and solids/nutrient removal from storm water before it is discharged into Lake Minnewashta. The addition of barrier curb prevents runoff from sheet flowing into the ditch, and increases the time of concentration which increases flows. In addition, as the proposed improvements will widen Dogwood Road, impervious area within the project boundary is increased, which indicates that some type of rate control should be exercised. The base bid for the project is an environmental manhole. To minimize cost and maintenance requirements for the City, the proposed environmental manhole would only function as a sediment removal device for particles as small as 125 microns in diameter. The negative to the selected environmental manhole is that it would not have the capability of removing smaller particles or nutrients from the runoff, and would not provide any type of rate control. Stormwater Pond To better manage flows from the new storm sewer system, a stormwater pond was proposed as a bid alternate. We originally explored the possibility of minimizing the pond surface area by designing a rounded pond (Option 1). While this pond shape would require a smaller permanent easement from the camp property owner, the impacts to the existing wetland were maximized by the pond grading because of the wetland location. Permanent impacts to the wetland with the Option 1 pond configuration are approximately 6,000 square feet. The Option 2 stormwater pond option keeps the pond as narrow as possible while still minimizing grading and impacts to the adjacent properties. While we explored the possibility of designing a pond to fit entirely outside of the existing wetland boundaries, there was no feasible way to grade a pond 1) with the volume needed for rate control, and 2) that would fit within the existing topography (we are constrained by hills to the north and east, a private property to the south and Lake Minnewashta to the west). The elongated option was the best design to meet the pond rate control requirements and to match the existing topography. With Option 2, the permanent impacts to the existing wetland are approximately 2,100 square feet. I I I I I I I' I I' I 'I I I' I I I I I I <% - O~ Jt.. SEH WETLAND DELINEATION REPORT DOGWOOD ROAD POND TO: Ms. Lori Haak, City of Chanhassen FROM: Deric Deuschle DATE: April 20, 2007 RE: Wetland Delineation Report SEH No. A-CHANH0702.00 30.90 Introduction The purpose of this study was to investigate the project area, identify areas meeting the technical criteria for wetlands, delineate the jurisdictional extent of the wetland basins, and classify the wetland habitat. This wetland delineation is being completed to assess the suitability of the property for the placement of a storm water pond. This pond is required as part of the Dogwood Road reconstruction, but its placement and design may be affected if wetlands are present. Site Description The project area is located in the northwest corner of the intersection of Tanadoona Drive and Dogwood Road as shown in Figure 1. This is just southwest of the Girl Scout camp and Lake Minneswashta Regional Park and along the southwest shore of Lake Minnewashta. The size of the area investigated is approximately 1.5 acres, and is located within the City of Chanhassen in Carver County. The project area is within the SW ~ of the NE 1,4 of Section 8, township 116N, Range 23W. Land use in the area is a mixture of some residential lots along the west side of Dogwood Road, but most of the surrounding area is wooded with mature hardwoods and relatively steep topography. The property reviewed is also wooded, but with slightly younger trees than the surrounding hills. The property is slightly sloped toward Lake Minnewashta, and a small channel flows in that direction. The channel is fed from a larger wetland on the east side of Dogwood Road. Under most circumstances the channel is dry. The exception to this condition is in spring during snow melt and after large rain events. This drainage, and ones similar to it, are common in the City, and are almost always conveyance systems that lack the hydrology to be jurisdictional wetland. There are two areas that are a little flatter that the rest of the area. In these flatter areas, wetlands have been identified. Wetland Delineation Wetlands Definition Wetlands are defined jointly by the U.S. Army Corps of Engineers [US ACE (Federal Register, 1982)] and the U.S. Environmental Protection Agency [EPA (Federal Register, 1980)] as follows: "Those areas that are inundated or saturated by surface or ground water at a frequency Shorl Elliott Hendrickson Inc., 3535 Vadnais Center Drive, SI. Paul, MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800,325.2055 I 651.490.2150 fax I .1 I ,I I I I I I I I I I I I I I I I Dogwood Road Pond Wetland Delineation April 20, 2007 Page 2 and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." According to US ACE, one positive indicator (except in certain situations) from each of three elements must be in order to make a positive wetland determination, which are as follows: · Greater than 50 percent dominance of hydrophytic plant species; . Presence of hydric soil; and . The area is either permanently or periodically inundated, or soil is saturated to the surface during the growing season of the dominant vegetation. Methodology Wetlands Survey The National Wetland Inventory (NWI), USGS Topographic Maps, Minnesota Department of Natural Resources Public Waters Inventory Map (PWI), Carver County Soil Survey, recent aerial photographs, the City Wetland Inventory, and Minnehaha Creek Wetland Inventory were reviewed to gather available data on potential wetlands in the project area. Of these sources, the only one that suggests wetland may be present is the soils survey, which includes a portion of the property as a hydric soil. Field Procedures The project site was examined on April 18, 2007 for areas meeting wetland criteria in accordance with the Corps of Engineers Wetlands Delineation Manual (USACE, 1987). The Routine Onsite Determination Method (RODM) was applied for this delineation. Wetland plant species nomenclature follows the "National List of Plant Species that Occur in Wetlands" (U.S. Department of the Interior, 1988). Identification was aided when necessary with field guides for the region. All dominant vegetation present was identifiable. Soils were observed for hydric soil characteristics. Soils were examined by digging pits at representative locations and periodically along the wetland boundary. Pits were dug to a depth necessary to confirm hydric soil characteristics, up to a maximum depth of 24 inches. Soil color determinations were made using MUNSELL Soil Color Charts (Kollmorgen Instruments Corporation, 1990). Subsurface wetland hydrology indicators were examined using the soil pits as deep as 24 inches to confirm soil saturation. Surface hydrology was also present and recorded as depth above surface. Wetland boundaries were located and marked with sequentially numbered, 3~-inch pink "Wetland Delineation" pin flags. The wetland edge is considered the highest extent of the I I 'I ,I I I I I I I: I I I i I I I I I Dogwood Road Pond Wetland Delineation April 20, 2007 Page 3 wetland basin; areas above the boundary fail to meet the three required wetland parameters while areas below the edge meet the wetland parameters required by the field delineation methodology. The location of the delineated wetland boundaries were mapped using a Geo XT Global Positioning System, and provided to the City in cadd and shapefile formats vie e-mail. Results The field delineations were completed on Apri116, 2007. Although early in the growing season, there was new growth of vegetation and no frozen soil layers. Temperatures were above normal, and precipitation was slightly below normal. Sufficient data was present to determine thwe wetland boundary. Two wetland areas divided by a small drainageway were identified on the property. Although separated by approximately 100 feet, these basins are similar enough to be described as one basin. The total area of wetland delineated is 0.19 acres. Vegetation in the wetland area is dominated by small box elder (Acer negundo) trees, a few elm (Ulmus americana), and a few shrubs including red osier dogwood (Comus stolonifera), and buckthorn (Rhamnus cathartica). The herb layer is dominated by reed canary grass (Phalaris arundinacea) in the eastern lobe and a large patch of woodland sedge (Carex pennsylvanica) in the south side. There are also some additional sedge species present, but could not be identified due to lack of fruit and topping by rabbits. One of the more common herbaceous species in the wetland was one of the avens (Geum sp.). More than just the basal leaves would be needed to make a positive identification to species. All of the avens are positive wetland indicators, so specific species are not particularly important in this instance, however. Upland vegetation is dominated by a mature hardwood forest composed of sugar maple (Acer saccharum) and a few bur oak (Quercus macrocarpa) trees. Basswood (Tilia americana) trees are also present. The herb layer in the upland is relatively sparse, but given the closed canopy is not surprising. On the hillslopes patches of trout lily (Erythronium spp.), Dutchman's breeches (Dicentra cucullaria), and bloodroot are appearing (Sanguinaria canadensis). Closer to the wetland edge, garlic mustard (Allaria petiolata) is common. At this early stage of development, the garlic mustard and avens are very similar in appearance, but garlic mustard has a distinct odor when crushed and can easily be identified. The upland area west of the basin is also wooded, but has a herbaceous layer that is a very dense stand of horsetail (Equisetum hymale). Horsetail is a positive wetland indicator, but is more indicative of shade than standing water. In this instance, the horsetail is also on a very sandy berm and is several feet in elevation above the wetland, so it is not a good indicator. No horsetail was observed within the wetland boundary. Soils in the wetland were composed of 6-8 inches of saturated clay loam atop at least another 18 inches of clay. The soil colors were dark brown (2.5Y 2.511) at the surface, and black (gley 2.5/N) below the top layer. Soils were saturated to the surface, and free water was observed at three inches from the surface. Soil pits were dug as far away from the channel as possible to avoid false hydrology and soils data. Soil pits dug closer to the channel did tend to be wetter, and had layers of sand that had eroded in, but were otherwise similar black clay and clay loam I I 'I ,I I I Ii I 'f I 1\ I, I I " I I I I Dogwood Road Pond Wetland Delineation April 20, 2007 Page 4 soils. This area is mapped as Hamel loam, which is a listed hydric soil. The soils observed on site are close to Hamel, and would- likely' qualify as meeting the soil survey description. Hydrology in the wetland was observed as saturation within 12 inches throughout the wetland and inundation in the channel. Many of the box elder trees in the basin also had some signs of buttressing, shallow roots, and possible water marks. Upland soils were similar in composition, but were higher in chroma. A typical upland sample near the wetland and base of the hills was composed of six inches of dark brown (1 OYR 2/2) loam atop at least another 18 inches of dark brown (lOYR 2/2) clay. Proceeding up the hill, the soils get even lighter. The west side of the basin lies adjacent to a berm that divides the basin from the lake. This berm is sandy, but it is unknown if it is natural. It appears to be a very large ice ridge, but is inconsistent with the rest of the lakeshore. If it is manmade, it is very old given the age of the trees growing on it. Although the soils were damp, no saturation, inundation, or secondary indicators were observed in the upland area. Wetland Classification Wetland classification follows the methods described in Wetlands and Deepwater Habitats of the United States (Cowardin, et aI., 1979) and the United States Fish and Wildlife Services National Wetland Inventory. The Circular 39 classification (Shaw and Fredine, 1956) is also provided, as that classification system is used in Minnesota, in part, to make distinctions of potential wetland permitting and mitigation requirements. Hydrology in the wetland is provided by surface flow, and is usually only during snow melt and rain events. It does not appear that a high groundwater table contributes to wetland hydrology. Because of this intermittent source and short duration, I am classifying this wetland as a Type 1 basin. This is a seasonally flooded flow-through wetland. Although portions are wooded, more than half of the wetland area is lacking trees. The canopy of the trees around the wetland certainly influences the vegetative composition, however. Using the Cowardin classification, this basin would be a PEMAd. Regulatory Considerations Wetlands in the project area are regulated by several agencies at the local, regional, state, and federal levels including the U. S. Army Corps of Engineers and the Environmental Protection Agency at the federal level and the City of Chanhassen and Minnehaha Creek Watershed District County at the local level. Additional review by the Board of Water and Soil Resources, Carver County SWCD, and the Minnesota Department of Natural Resources is also recommended. As the Local Government Unit administering the Wetland Conservation Act, the City of Chanhassen has the ability to review and approve the wetland delineation. It is suggested that outside agencies are invited to participate in this review or are provided with a Notice of Decision that they may respond to if they choose. The preliminary plans for this project indicate placement of a pond on this property. Preliminary design appears to impact approximately 1,500 square feet of wetland through both excavation I I, I' I 1 I I' I t t 1\ I I If I ,I I I I Dogwood Road Pond Wetland Delineation April 20, 2007 Page 5 _ and filling for the creation of berms. As this project is located in the shoreland wetland protection zone, this is above the de minimis. Consequently, mitigation may be required if the pond design isn't changed to reduce impacts. Total impacts of less than 400 square feet would be required to avoid compensatory mitigation. Consultation with the pond designers may identify alternative designs that would achieve this goal. Consultation with the u.s. Army Corps . of Engineers is also suggested. Please contact me at 651-490-2114 or at ddeuschle@sehinc.com if I can provide more information or be of further assistance. s:\ac\c"=hanh~mroon'dogwood files\dogwood wet delin repon.doc ~ SEH Wetland Delineation Results on 2006 Aerial Photograph Wetland Delineation A-CHANH0702.00 Figure 4 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July 26,2007, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Tanadoona Drive Wetland Alteration Permit - Planning Case 07-17 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this ;2.<.a-hday of~Ll L , 2007. ~ f l KIM T. 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L3keM~a J5/lJ Disclaimer This map is neither a iegally recorded map nor a sUlVey and is not intended to be used as one. This map is a compiiation ot records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes !j466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold hanrrless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. L3ke Mrre.vastta Disclaimer This map is neither a legally recorded map nor a sUlVey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes !j466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which anse out of the user's access or use of data provided. ALAN H & KAREN L DIRKS 7431 DOGWOOD EXCELSIOR, MN 55331 c8013 CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR, MN 55331-8053 GRETCHEN L F STARKS 3301 T ANADOONA DR EXCELSIOR, MN 55331-8048 JOHN & JOYCE FOLEY 4804 DUN BERRY LN MINNEAPOLIS, MN 55435-1537 MICHAEL DEAN ANDERSON & 7140 HAZELTINE BLVD EXCELSIOR, MN 55331-8056 PETER T & DEANNA 0 BRANDT 7570 DOGWOOD RD EXCELSIOR, MN 55331-8053 ROGER W OAS 7301 DOGWOOD EXCELSIOR, MN 55331-8015 CARLSON CUSTOM HOMES INC 1440 BAVARIAN SHORES DR CHASKA, MN 55318-1547 DANIEL D & AMY R GETSCH 1069 DORLAND RD MAPLEWOOD, MN 55119-3576 HERITAGE DEVELOPMENT OF MN INC 422 EAST CO RD D ST PAUL, MN 55117-1218 JOHN H GETSCH 5404 GLENGARRY PKWY EDINA, MN 55436-2006 MPLS COUNCIL OF CAMPFIRE GIRLS 2610 UNIVERSITY AVE W MINNEAPOLIS, MN 55114-2007 PETERSON REVOCABLE TRUST 3301 T ANADOONA DR EXCELSIOR, MN 55331-8048 SCOTT A VERGIN 7311 DOGWOOD EXCELSIOR, MN 55331-8015 CARVER COUNTY 600 4TH ST E CHASKA, MN 55318-2102 DAVID R & JENNIFER L MELIN 7321 DOGWOOD EXCELSIOR, MN 55331-8015 JANET M QUIST & 7331 DOGWOOD EXCELSIOR, MN 55331-8015 MARJORIE GETSCH 7530 DOGWOOD RD EXCELSIOR, MN 55331-8053 MPLS COUNCIL OF CAMPFIRE GIRLS 640 GRANT ST E MINNEAPOLIS, MN 55404-1431 RICHARD C LUNDELL 7341 DOGWOOD EXCELSIOR, MN 55331-8015 WESTWOOD COMMUNITY CHURCH 3121 WESTWOOD DR EXCELSIOR, MN 55331-8044 Public Hearing Notification t\rea (500+ feet) Wetland t\lteration Permit 3300 Tanadoona Drive Planning Case No. 07-17 City of Chanhassen Lake Minnewashta i ~v . O~0 . \ ~ Hw 5 Arboretum Boulevard CHANHASSEN PLANNING COMMISSION REGULAR MEETING AUGUST 7, 2007 Acting Chair Papke called the meeting to order at 7:00 p.m.. MEMBERS PRESENT: Kurt Papke, Mark Undestad, Debbie Larson and Kathleen Thomas MEMBERS ABSENT: Jerry McDonald, Dan Keefe and Kevin Dillon STAFF PRESENT: Bob Generous, Senior Planner; Alyson Fauske, Assistant City Engineer; and Joe Shamla, Project Engineer PUBLIC HEARING: REQUEST FOR A WETLAND AL TERA TION PERMIT TO CONSTRUCT A STORM WATER POND ON PROPERTY LOCATED AT 3300 T ANADOONA DRIVE, PLANNING CASE 07-17. Public Present: Name Address Gretchen Starks 3301 Tanadoona Drive Alyson Fauske presented the staff report on this item. Papke: Okay, we'll start with Commissioner Larson. Larson: I want to know what an environmental manhole is. Fauske: Certainly. An environmental manhole is a large storm sewer structure and what it does it has, it essentially will swirl water in through the manhole and through that swirling action some of the sediments will drop down. Larson: So is it a covered thing or is it an open hole or? Fauske: It's covered. Larson: Okay. Fauske: Completely covered underground. Larson: So it's not something you would see driving down a road? Fauske: You wouldn't even see it. It would just appear as a regular manhole cover. The whole system is under ground. It's a large chamber. Planning Commission Meeting - August 7, 2007 Larson: Okay. Thank you. Fauske: You're welcome. Thomas: I do have a question on option 1. What is the impact? You said the feet on the option 2 I believe the impact. What's the impact on option 1? Fauske: Option 1 is 6,000 square feet of impact. Thomas: Thank you. No other questions. Undestad: No. No questions. Papke: So just to make sure I understand the visibility from the lake here with Option 2 with, I think you mentioned it was about 60 so, 60 feet or so of tree coverage. Fauske: 640. Papke: Are we expecting this to be completely invisible from the lake so boaters going by won't even know this is there? Fauske: That's correct. Papke: Okay. You also mentioned that there was some differential in the tree impact there. Any trees of substance in the area? Are these you know scrub trees? Elm or are these big oaks and maples. Qualitatively, should we be concerned about tree loss or anything of that sort? Fauske: Qualitatively a lot of them have sustained some damage because of the seasonal inundation...in looking through the report, I don't know that, I think she said that was mostly sugar maples, basswood forest in the upland area. And there's not a lot of upland area within the area we'd be ponding. Papke: Yeah. I'd expect there to be box elder, you know things that would survive degradation. Fauske: Correct, and ones that could not sustain the inundation have died. Papke: Alright. Alright. Any differential in visibility to the surrounding properties? The home to the south is reasonably close to this. From their perspective, would there be any qualitative difference in the two proposals? Fauske: Yes there will. There'll be some tree clearing along through here and we'll be talking to the property owners and it's staffs recommendation to provide up to 6 trees that are appropriate for one, the slope and two, the amount of water in the area to give him some screening. We wanted to leave it open so that the property owner could work with staff so that we're not saying we will be putting in these types of trees. We wanted to work with him. See what his screening 2 Planning Commission Meeting - August 7, 2007 requirements are. Does he want something more in line with what was in previously or would he like to see maybe screening with an evergreen so we're remaining flexible with that, to work with the property owner. And then to the north where the camp is, we've been having a lot of conversations with the camp. You know there was a lot of, is this an attraction for campers to head over there and there's actually quite a substantial wooded area from their beachlot for them to travel and find the storm water basin. We feel that it's really quite well hidden. Papke: Any other questions of staff? Larson: One more. Can you point out on the map where the drainage manhole is? Fauske: Certainly. The drainage manhole that we've already shown, and I apologize it's not a really clear drawing. This would be the roadway. Through here. The manhole option would be approximately at this location. Papke: Okay. At this point I'd like to open up the public hearing for public comments. If there's any members of the community that would like to get up and speak or ask questions on these, please do so. If you'd step to the podium please and give your name and address for the public record. Gretchen Starks: Everybody knows me. Gretchen Starks, 3301 Tanadoona Drive. I just had a question on the property, on the new construction, it's my understanding that it would put curb and gutter up, is it going to be from my driveway all the way around or is it just halfway down now? Fauske: There's two different kinds of curb. Of curb and gutter style they're looking at. On the north side is what we call high back. It's where it meets the 90 degree curb, and that's because of the slopes on the camp property and to get good flow characteristics through that. On the south side, near where your wetland complex is, it's called a ribbon gutter and that's essentially just a concrete gutter to go and channel the flow and to keep the drainage characteristics. Gretchen Starks: Probably going down to flow, and there will be a culvert going down over to the new retaining pond, is that correct? Fauske: There will be two culverts. Gretchen Starks: From my, where mine is? Nothing has been changed so. Papke: It might be helpful to point out where she lives. Fauske: Certainly. Mrs. Starks lives at this location right there. Papke: Oh, okay. Fauske: What she's referring to Commissioner Papke is that there's a wetland complex right through here. On the north side we're not putting storm sewer in the majority of Tanadoona 3 Planning Commission Meeting - August 7, 2007 Drive because of grades, so we're leaving that to the existing flow conditions which is going to the south to the wetland complex through here, and what we're looking at, what Mrs. Starks question is, as we've been working with her and her folks to come up with a plan for some... running along here, her driveway location is right here. The wetland is coming in in this location at the west side of the berm because we're unable to get this storm sewer to the pond that we're proposing so this will carry a little bit of runoff. There's an existing culvert right here so we need to put some storm sewer in through here and then of course further, keep it further to the west we'll be replacing the culvert that existingly connects those two drainageways. Gretchen Starks: So the berm should also keep some of that south and stuff from the road... ? Fauske: Correct. Gretchen Starks: Storms in the. Fauske: Yes. It will channel it to the west. Gretchen Starks: Excellent. That's all I wanted. Papke: Thank you. Any other members of the public like to comment or question? Okay. Seeing none, bring it back to the commissioners. Any comments? Issues? Things you want to discuss? Larson: No, I'm good. Papke: Alright, I'll entertain a motion. Larson: The Planning Commission recommends that the City Council Wetland Alteration Permit. Is this the correct one? Papke: Yep. Larson: 0-17 to permit 2,100 square feet of wetland alteration subject to the following conditions, 1 through 4. Papke: Okay. Is there a second? Thomas: Second. Larson moved, Thomas seconded that the Planning Commission recommends that the Planning Commission approve Wetland Alteration Permit 07-17 to permit 2,100 square feet of wetland alteration subject to the following conditions: 1. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, 4 Planning Commission Meeting - August 7, 2007 according to the following table of slopes and time frames: Type of Slope Steeper than 3:1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed stormwater management pond side slopes, and any exposed soil areas with a positive slope to a stormwater conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 2. A minimum of six trees will be planted on site. Native species shall be used. 3. Tree protection fencing shall be installed at the edge of grading limits prior to any construction activity. 4. Tree removal limits shall be inspected by the Environmental Resources Specialist prior to any removals." All voted in favor and the motion carried unanimously with a vote of 4 to O. 5