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TH 101 Imp Proj: Approve WAP and WCA0 CITY OF C9ANHASSEN 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 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Krista Spreiter, Natural Resources Technician DATE: February 11, 2013 4& 1,. e SUBJ: TH 101 Improvement Project, Lyman Boulevard to Pioneer Trail: Approve Wetland Alteration Permit (WAP) and Wetland Conservation Act (WCA) Mitigation - Planning Case #2011 -03 PROPOSED MOTION "The Chanhassen City Council approves Wetland Alteration Permit #2013 -01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvements Project; and authorizes the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated and received November 27, 2012, subject to conditions within this staff report and adopts the Planning Commission's Findings of Fact." City Council approval requires a simple majority vote. DISCUSSION Senior Center PLANNING COMMISSION SUMMARY Phone: 952.227.1125 Fax: 952.227.1110 The Planning Commission held a public hearing on January 15, 2013 to review the Web Site proposed development. The Planning Commission voted five for and none against a www.ci.chanhassen.mn.us motion recommending approval of the project. Attachments: 1. Planning Commission staff report dated January 15, 2013. 2. Planning Commission minutes dated January 15, 2013. g:\plan\2013 planning cases\2013 -01 th 101 wap \council memo.docx Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow The City of Chanhassen is requesting a wetland alteration permit for wetland Planning & impacts as a result of the proposed TH 101 Roadway Improvements project. The Natural Resources proposed project is to be located within the TH 101 corridor, between Lyman Phone: 952.227.1130 Fax: 952.227.1110 Boulevard CSAH 18 an Pioneer d Pi Trail CSAH 14 within the City f Chanhassen. ( ) ( ) ' The construction consists of reconstructing the existing roadway from a two -lane Public works undivided highway to a four -lane divided highway with curb and gutter, median 7901 Park Place separation, turn lanes, and bicycle and pedestrian facilities. In order to accommodate Phone: 952.227.1300 the roadway improvements, the applicant is proposing impacts to four wetlands Fax: 952.227.1310 totaling 1.84 acres. Senior Center PLANNING COMMISSION SUMMARY Phone: 952.227.1125 Fax: 952.227.1110 The Planning Commission held a public hearing on January 15, 2013 to review the Web Site proposed development. The Planning Commission voted five for and none against a www.ci.chanhassen.mn.us motion recommending approval of the project. Attachments: 1. Planning Commission staff report dated January 15, 2013. 2. Planning Commission minutes dated January 15, 2013. g:\plan\2013 planning cases\2013 -01 th 101 wap \council memo.docx Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN PC DATE: January 15, 2013 CC DATE: February 11, 2013 REVIEW DEADLINE: February 12, 2013 CASE #: 13 -01 BY: KS PROPOSED MOTION: The Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit #2013 -01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvements Project; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated November 27, 2012 subject to conditions within this staff report. And, d Adoption of the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: Request for a Wetland Alteration Permit for the construction of the TH 101 Roadway Improvements Project. LOCATION: Within the right -of -way along Trunk Highway 101 from Lyman Boulevard (CSAH 18) to Pioneer Trail (CSAH 14). APPLICANT: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 PRESENT ZONING: Agricultural Estate (A -2), Planned Unit Development (PUD), Planned Unit Development - Residential (PUD -R), Rural Residential (RR), Single - Family Residential District (RSF), and Bluff Creek Primary Corridor. 2030 LAND USE PLAN: Parks and Open Space, Mixed Use, Residential Low - Density ACREAGE: N/A DENSITY: N/A SUMMARY OF PROPOSAL Request for a Wetland Alteration Permit for the construction of the proposed TH 101 Roadway Improvements Project. LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City has limited discretion in approving or denying a wetland alteration permit, based on whether or not the proposal meets the wetland alteration permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable wetland alteration permit standards are met, the permit must be approved. This is a quasi-judicial decision. TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 2 of 15 APPLICABLE REGUATIONS • Chapter 20, Article IV, Conditional Uses: Wetland Alteration Permits follow the Conditional Use Permit criteria. • Chapter 20, Article VI, Wetland Protection PROPOSAL SUMMARY The City of Chanhassen is requesting a wetland alteration permit for wetland impacts as a result of the proposed TH 101 Roadway Improvements Project. The proposed project consists of reconstruction of TH 101 between Lyman Boulevard (CSAH 18) and Pioneer Trail (CSAH 14) within the City of Chanhassen. The City of Chanhassen will improve the existing roadway by reconstructing the roadway from a two -lane undivided highway to a four -lane divided highway with curb and gutter, a median separation, turn lanes, and bicycle and pedestrian facilities, including a trail on the west side of the roadway with an underpass connecting the trail on the west side to Bandimere Park (Figure 1). Figure I c 'I �9 some E 7 u RIC_ LAKE A 11 TH 101 From CSAH 18 4o CSAH 14 (SP 144-010-011) o ` 5 " Sedion: 24, 25, Tou�nsbip 116N, Range 23W D. 3 Wetland Pem ft Apoigaon Figure 1. Project Location TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 3 of 15 In order to accommodate the reconstruction, the applicant is proposing impacts to four wetlands totaling 1.84 acres of permanent wetland impacts, and .67 acres of temporary wetland impacts. Because the roadway improvements are safety driven, the impacts from the roadway and creation of the stormwater ponds are eligible to be replaced using credits from the Board of Water and Soil Resources (BWSR) roadway replacement bank, as described in the approved Environmental Assessment/Environmental Assessment Worksheet (EA/EAW) and confirmed by the Technical Evaluation Panel (TEP). Because the impacts for this portion of the proposed project are eligible for BWSR replacement credits, the required replacement ratio for the roadway and stormwater pond impacts are 2:1. The impacts that result from trail construction are not eligible for BWSR replacement credit. Therefore, the applicant is proposing to replace these impacts using wetland bank credits from City -owned wetland bank # 127, also located within Chanhassen. The replacement wetland is located within the same Bank Service Area (BSA 9) and Major Watershed (Minnesota -33) as the impacted wetland; therefore, only a 2:1 replacement ratio is required. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA) Rules. BACKGROUND The corridor has several safety concerns such as steep grades, sharp curves, and severe grade changes. These safety issues create inadequate sight distances along the corridor resulting in blind intersections with public streets, private drives, and pedestrian crossings. These issues have also contributed to a 50% higher overall crash and severity rate than other rural two lane roadways in the Metro Area. The City of Chanhassen, in cooperation with the Minnesota Department of Transportation (MnDOT) and Carver County completed a corridor scoping study for Trunk Highway (TH) 101 from Lyman Boulevard to the Scott County line in 2007. The study identified the segment of TH 101 from Lyman Boulevard (CSAH 18) to Pioneer Trail (CSAH 14) as the highest priority for improvement. Improvements to this segment of TH 101 are necessary to address existing safety deficiencies and to provide for the present and future traffic needs of the area. A state and federal environmental review document was also completed and approved for this project, which described the need for the project to improve public safety for vehicles and pedestrians. DISCUSSION The City of Chanhassen will improve the existing roadway by reconstructing the roadway from a two -lane undivided highway to a four -lane divided highway with curb and gutter, a median separation, turn lanes, and bicycle and pedestrian facilities, including a trail on the west side of the roadway with an underpass connecting the trail on the west side to Bandimere Park. The number of access points is to be reduced from eight to four within the proposed reconstruction segment, and the project will also modify the road grade to flatten the horizontal and vertical curves. The horizontal and vertical design speed of the Preferred Alignment will be 40 mph which results in reducing the sharp curves and vertical profile that currently exists, improving safety, and the ability of the corridor to function as a minor arterial roadway and add capacity. TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 4 of 15 A trail will be constructed as part of the proposed improvements along the west side of the roadway from Bandimere Park to Pioneer Trail. The trail will be a 10 -foot wide multi -use trail with a 5 -foot boulevard between the trail and roadway. The western segment will connect to Bandimere Park through a trail underpass. Another trail segment is proposed as part of the project along the east side of TH 101 beginning at Pioneer Trail and connecting to the existing trail within Bandimere Park. Attaining dual trails on both sides of the roadway is intended to limit the need for at -grade pedestrian crossings, resulting in improved pedestrian safety. This is also consistent with City and regional trail plans. Wetlands within the proposed project area were delineated by Kimley -Horn in June 2011, reviewed in July 2011 by the Technical Evaluation Panel (TEP), and approved in January 2012 by the City of Chanhassen. The delineation identified five wetland areas within the proposed project areas (see Figure 2). The proposed improvements will result in permanent impacts to wetlands described and shown (Figures 3 and 4) as follows: Figure 2 'T �' 1 � � • > r J � �n J • � r i � 4.- d ry ..> r '�r,.�. {: < 1 .4 J f �, d* xji Hr. ze s4 y uz,aw y *;r s * • ; ?.1f ji r f ._ -- ....; -f: • 5•`, F . .a . • , p er , h + A io .. s... . �' •`Ny ,. , • ` .r7 { ri' s♦ - b1.. ;,r'Y y' �� T '� „Q� ',(•• � � • + � • i•�: .} n Vii. �l�r_hY�. �� � �: r � /,* . MEV LAKE S ''�,! "••• 1 q r� , ` asoar F qv.z- rrssniwx,m„m., 1. .t. '�'r w '_ �. �1 �I/�,,p '' ♦ y. 7 Tn.a sn,aaw ,n,.,n TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 5 of 15 Wetland 2: This wetland is classified as a Manage 2 wetland under the city's wetland classification system, and a Type 3 (Shallow Marsh) according to Fish and Wildlife Service Circular 39. It is located east of TH 101 and north of the Bandimere Park entrance. The predominant vegetation in the impacted area is Cattails (Typha angustifolia). The proposed impact to this wetland will be approximately .04 acres (see Figure 3). Figure 3 ­" 1 11 I - -•4 IA L F 1 `,, -� , 17 I .• - �— ,.. I 8 , 7 Con ,,. �� �uPw.nP.rMn Fylre 46 - H I01- FYE7L >NG E4SE67EN7 MRpii_. Wetland 3: This wetland is classified as a Manage 2 wetland under the city's wetland classification system, and a Type 2 (Fresh (wet) Meadow /Shallow Marsh) according to Fish and Wildlife Service Circular 39. It is located directly west of TH 101 and Bandimere Park. It is connected to Wetland 4 by a channel that directs water from Wetland 3 to Wetland 4. The predominant vegetation in the impacted area is Reed Canary Grass (Phalaris arundinacea) and Cattails (Typha angustifolia). The proposed impact to this wetland will be approximately .04 acres (see Figure 3). Wetland 4: This wetland is classified as a Manage 2 wetland under the city's wetland classification system. It is classified as wetland Type 2 (Fresh (Wet) Meadow), Type 1 (Floodplain Forest), Type 3 (Shallow Marsh), and Type 6 (Shrub -Carr) according to Fish and Wildlife Service Circular 39. This wetland was identified on the DNR Public Waters Map as DNR wetland #215W. Wetland 4 is located immediately south of Wetland 3, and is connected by a channel that flows from Wetland 3 into Wetland 4. The outlet of Wetland 4 is a culvert/channel just south of Kiowa Trail that flows to Riley Lake. The predominant vegetative TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 6 of 15 species in the impacted area are Reed canary grass (Phalaris arundinacea), Cattails (Typha angustifolia), and Eastern Cottonwood (Populus deltoidesz). The proposed impact area in this wetland is approximately .83 acres (see Figure 4). Wetland 5: This wetland is classified as a Manage 2 wetland under the city's wetland classification system. It is classified as a Type 2 (Fresh (Wet) Meadow) according to Fish and Wildlife Service Circular 39. This wetland is located immediately northwest of the intersection of TH 101 and Pioneer Trail. The predominant vegetative species in the impacted area are Green Ash (Fraxinus pennsylvanica), Paper Birch (Betula papyrifera), Reed Canary Grass, and Spike Rush (Eleocharis obtusa). The proposed impact area in this wetland is approximately .93 acres (see Figure 4). Figure 4 I i -- � _ . >_ � _ ill:• - � � -- �' {' �� a ❑�❑ �Nw.,vcg Yri. � �� casA w � �' Figure 1e TN 101 WETVJIp E.15EMENT IMPM TS ALTERNATIVES The Wetland Conservation Act requires the applicant to list at least two alternatives to the proposed project that would avoid or minimize impacts to wetlands or waters (one of which may be "no build" or "do nothing "). The applicant then must list and explain why the option described in the application was chosen over these alternatives. The following alternatives were presented in the Joint Notification Application submitted by the applicant: TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 7 of 15 The City has evaluated the no -build alternative as well as an alternative roadway alignment to avoid the proposed wetland impacts. In addition, other roadway alignments and alternatives were evaluated to meet the project's purpose and need, and were reported in the approved Environmental Assessment/Environmental Assessment Worksheet (EA/EAW), meeting National Environmental Policy Act (NEPA) requirements. Each of the scenarios is described below. Roadway A No -Build alternative would entail making no geometric changes to the roadway or adding any additional traffic lanes or turn lanes. It would not serve the intended function of a minor arterial roadway. Safety issues related to the sharp curves, rolling roadway, and limited sight distance would remain or worsen with the increased traffic demand. Existing access points would remain, creating many conflict points. This would maintain and possibly increase the crash rates which are presently higher than the statewide average. The existing roadway will not support local growth nor will it serve regional needs as TH 101 provides one of the only Minnesota River crossings in the area. The No -Build condition would not require any new right -of -way acquisitions or any wetland impacts. This alternative is not feasible as it does not improve safety and capacity within the corridor. The No -Build alternative does not address the purpose and need for the project. A roadway alignment shift alternative was also evaluated. This alternative would require the four -lane roadway to be shifted to the east to attempt to reduce the amount of wetland impact. The shifted roadway alignment would minimize wetland impacts to Wetlands 1, 3 and 4; however, this alignment would result in impacts to Bandimere Park. The shifting of the roadway would impact the ball fields, which would require substantial changes to the park. These impacts would require mitigation and replacement of the impacted parkland and park uses. This alternative results in substantial costs to the city for park reconfiguration and replacement parkland, and was not favorable from a Section 4(f) standpoint, and therefore was dropped from further consideration (Section 4(f) of the Department of Transportation Act of 1966 is a federal law intended to prevent conversion of certain parks, wildlife and waterfowl refuges, recreation areas or historic properties to transportation use). Trail A trail is proposed for the west side of TH 101 from Lyman Boulevard (CSAH 18) on the north side to Pioneer Trail (CSAH 14) on the south side. This trail will be a standard 10 -foot multi -use trail. The trail will connect to the east side of the roadway by an underpass at the entrance of Bandimere Park. This trail is a part of the regional trail system, and will provide the north -south connection to the Regional trail system within Carver County and the City of Chanhassen. The no -build alternative was reviewed as part of this project. If the trail was not constructed on the west side of the road, there would be a safety concern for pedestrians trying to access Bandimere Park from the west side of the roadway. Pedestrians would have to cross down at the intersection of Pioneer Trail and TH 101. The trail underpass located at the entrance of Bandimere Park would be constructed but would not connect the trail in the park to anything on the west side of the roadway. This trail is also part of the Regional Trail System in Carver County. TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 8of15 Stormwater Management Stormwater basins are to be constructed in three different locations as part of the TH 101 Roadway Improvements Project. Basins land 2 will be located outside of any wetland areas and therefore will not impact wetlands. The southern basin (Pond 3) will be located northwest of the TH 101 and Pioneer Trail intersection and will be constructed in the adjacent wetland. There were two stormwater basin size and location alternatives considered. The preferred pond location is a stormwater basin located adjacent to the roadway. This stormwater basin will be approximately 1.7 acres in size. This treatment pond will collect runoff from 96th Street to the Pioneer Trail intersection. This option would impact 0.88 acres of wetland. The other alternative for the Pond 3 location is a two -cell stormwater system with an infiltration basin and detention pond. The infiltration basin is located in the parcel adjacent to the roadway right -of -way. The infiltration basin would avoid most of the wetland impacts; however, the detention pond would be located within the wetland area (Area 5). The pond would be a storage pond with an outlet into the wetland. The cost comparison between the two would be similar. The City would need to purchase approximately 3,000 square feet of additional drainage easement from the landowners in the two - cell system than in the one -cell system. The maintenance would be greater for the two -cell system rather than the one -cell system. The two -cell system would also require more easement as construction of the detention pond would be in the middle of the wetland. The detention pond would essentially stay as wetland; however, it would change the function and type of that wetland area. The wetland would go from a fresh meadow to a deep marsh wetland. Due to the additional wetland impact (temporary and permanent) and a greater maintenance requirement, the City dropped the two -cell stormwater system from further consideration. Impact Minimization The Wetland Conservation Act requires that if avoidance is not an option, the unavoidable impacts are minimized to the greatest extent practicable. Efforts have been made by the applicant to minimize the proposed wetland impacts through a variety of measures, which included reducing the roadway slope near wetlands, achieving minimum distance between the trail and the roadway, reducing median, and modifying the design of the stormwater ponds to avoid impacts to adjacent wetlands wherever possible. Specific instances include the following: • Wetland impacts were minimized by reducing the roadway slope from a 3:1 to a 2:1 slope near wetlands. • The clear zone between the trail and the roadway was designed to the minimum distance while still retaining design standards to minimize the impacts to Wetland 4. • The designed median was reduced in size to minimize wetland impacts to the extent possible in the segment adjacent to Wetland 4. • Stormwater ponds have also been designed and/or modified to the extent possible to avoid impacts to the adjacent wetlands. TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 9 of 15 Wetland Replacement Wetland replacement for this project will be accomplished via a number of methods; restoration for temporary impacts, BWSR roadway replacement bank, and city -owned wetland bank credits. On -site replacement was not encouraged due to the small size of the replacement needed (less than five acres), adjacent invasive species (reed canary grass), maintenance requirements, and low probability of long -term success. BWSR Roadway Replacement Bank Because the roadway improvements are safety driven as described in the approved EA/EAW and confirmed by the TEP, the impacts from the roadway portion of the project are eligible to be replaced through credits from the Board of Water and Soil Resources (BWSR) roadway replacement bank. Because the roadway improvements are being replaced by BWSR roadway replacement credits, the wetland impacts resulting from the creation of the stormwater ponds will also be covered by BWSR roadway replacement. The replacement site is within the City of Chanhassen and the roadway replacement credits will be taken from the BWSR roadway replacement bank; therefore, the replacement ratio for the roadway and stormwater pond impacts will be 2:1. This results in BWSR roadway replacement of 3.08 acres of wetland mitigation credits for the 1.54 acres of impact from roadway and stormwater pond improvements. City -owned Banked Credit The impacts that result from trail construction are not eligible for BWSR replacement credit. Therefore, replacement credits approved by BWSR and the Army Corps of Engineers, available from the City's wetland bank (Account # 127), will be used for replacement of the wetlands impacted from trail construction (.30 acres). The replacement wetland is located within the same Bank Service Area (BSA 9) and Major Watershed (Minnesota -33) as the impacted wetland; therefore, a 2:1 replacement ratio is required, resulting in withdrawal of 0.60 acres of credit from the City's wetland Bank Account #127. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA). Impact amounts, replacement amounts, and method are shown in Table 1. Table 1. REPLACEMENT TYPE OF IMPACT ROADWAY TRAIL STORMWATER TEMPORARY METHOD TOTAL PONDS On -site Restoration 0.67 ac 0.67 ac BWSR Road Replacement Bank 1.32 ac 1.76 ac 3.08 ac City Banked Credits Acct #127 0.60 ac 1 0.60 ac i Restoration Temporary impacts will be provided at a 1:1 ratio to cover the 0.67 acres of temporary disturbance. The temporary impacts to Wetlands 1 and 3 will be restored within six months of the initial impact. Areas with temporary impacts will be restored back to preconstruction conditions (grades) and will be reseeded with Minnesota Department of Transportation native seed mix 34 -181, `Emergent Wetland'. Erosion Control Plans are shown in Appendix C of the Joint Notification Application. TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 10 of 15 Due to the amount of time necessary to effectively surcharge muck soils, the temporary impacts to Wetland 4 is required for a longer period of time. The surcharge will be in place for up to 12 months. The surcharge specifications are included in Appendix B of the Joint Notification Application. After the surcharge is complete in the temporary wetland impact area, the surcharge will be removed down to six inches below the original wetland /water elevation and replaced with six inches of clean hydric soil. The area will then be reseeded with MnDOT native seed mix 34 -181. OTHER AGENCIES The applicant is responsible for obtaining any permits or approvals from the appropriate regulatory agencies and compliance with their conditions of approval. FINDINGS The Planning Commission shall recommend a wetland alteration permit and the Council shall issue such wetland alteration permit only if it finds that: a. The proposed project will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: The proposed wetland impacts that will occur with the TH 101 Roadway Improvements Project have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to address existing safety deficiencies and to provide for the present and future traffic needs of the area, improving safety and convenience for residents and recreationalists. b. The proposed project will be consistent with the objectives of the city's Comprehensive Plan and the zoning chapter of the City Code. Finding: The proposal is consistent with the objectives of the city's Comprehensive Plan and City Code. It complies with all city, state and federal requirements. The need for the proposed roadway improvements are presented in the City's 2030 Comprehensive Plan, as well as the MN Department of Transportation's Jurisdictional Turnback Project List. Trail construction is shown in the City's Future Park & Recreation Initiatives map and is consistent with city and regional trail plans. The stormwater ponds will provide storage and treatment for roadway and trail runoff, improving water quality within the project area. 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. Finding: The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands through a variety of measures, which include reducing the roadway slope near wetlands, achieving TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 11 of 15 minimum distance between the trail and the roadway, reducing median, and modifying the design of the stormwater ponds to avoid impacts to adjacent wetlands wherever possible. Currently, the proposed project is located within an area that includes single - family residential neighborhoods, rural residential neighborhoods, and Bandimere Park. The proposed project would provide safety improvements for residents, drivers, and recreationalists, as well as providing a connection to existing and future trails and neighborhoods. Thus, remaining compatible with and enhancing the existing and intended character and appearance of the area. d. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The surrounding uses are zoned for single-family residential, public /semi- public, and parks and open space. The wetland impacts proposed as a result of the project are not foreseen to cause hazards or disturbance to existing or planned neighboring uses. The proposed project is considered an enhancement to neighboring uses, as well as providing increased safety for residential neighborhoods and businesses, by providing a safer roadway and pedestrian and non - motorized recreational route. 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. Finding: Any changes to drainage structures or additional drainage structures needed as a result of the proposed wetland impacts will be designed and constructed by the applicant's contracted consultant in compliance with city design standards. Proposed roadway improvements will continue to be maintained by the MN Department of Transportation until 2014, when maintenance responsibilities are planned to be acquired by Carver County. Trails and stormwater facilities will continue to be maintained by the City of Chanhassen, and will be designed and constructed according to city standards. f. 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. Finding: The proposed wetland impacts associated with the TH 101 Roadway Improvements Project will not create excessive need for public facilities and services. The roadway improvements project requires some additional services required by the city associated with trail and stormwater maintenance. In addition, the proposed roadway improvements project is foreseen as an enhancement to economic community welfare by providing safety improvements for residents and recreationalists to local businesses. 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 TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 12 of 15 general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: The proposed wetland alterations are not expected to be detrimental to any persons, property or the general welfare. 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. Finding: The proposed wetland impacts will not create nor interfere with traffic and surrounding public thoroughfares. When completed, the proposed roadway improvements will result in improved approaches and will provide safer conditions for both pedestrian and vehicular traffic. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed wetland impacts associated with the project will have no impact on solar access, natural, scenic or historic features of major significance. j. The proposed project will be aesthetically compatible with the area. Finding: The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area In addition, the proposed roadway improvements project will complement the area k. The proposed project will not depreciate surrounding property values. Finding: The proposed wetland impacts have been minimized to the greatest extent feasible, while still allowing for the roadway improvements project to occur. The proposed roadway improvements project will create a safer setting and will be an asset to the surrounding properties. 1. The proposed project will meet standards prescribed for certain uses as provided in the City code. 20 -410 (b) When a permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. Finding: The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the ecological and hydrological characteristics of remaining wetland. TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 13 of 15 (2) It shall be located as to minimize the impact on vegetation. Finding: Efforts have been made by the applicant to minimize the impact on wetlands and vegetation through a variety of measures, which included reducing the roadway slope near wetlands, achieving minimum distance between the trail and the roadway, reducing median, and modifying the design of the stormwater ponds to avoid impacts to adjacent wetlands wherever possible. (3) It shall not adversely change water flow. Finding: The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the hydraulic and hydrological characteristics of remaining wetland. (4) The size of the altered area shall be limited to the minimum required for the proposed action. Finding: The applicant has made a reasonable effort to limit the proposed wetland impacts to the minimum amount required in order to complete the roadway improvements project. During construction the contractor is required to follow approved plans to limit alterations to the minimum the project necessitates. (5) The disposal of any excess material is prohibited within remaining wetland areas. Finding: The applicant and their contractor are prohibited from disposing of excess material within remaining wetland areas as well as any other activities which may negatively impact the remaining wetland areas. (6) The disposal of any excess material shall include proper erosion control and nutrient retention measures. Finding: The applicant and their contractor must submit a satisfactory erosion and sediment control plan, and comply with all applicable sections of Chanhassen City Code, the city's Surface Water Management Plan, and the Minnesota Pollution Control Agency. (7) Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 14 of 15 Finding: The applicant and their contractor are required to refrain from any wetland altering activity during waterfowl breeding and fish spawning season. (8) Alterations to wetland areas shall be mitigated in accordance with the requirements of this article if the activity results in a loss of wetland area and/or function and value of the wetland. Finding: The applicant has submitted a replacement plan as part of the Joint Notification Application for Wetland Replacement which was received on November 27, 2012. The applicant is proposing to replace the impacted area using wetland bank credits. The required replacement ratio is 2:1. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA) Rules, and City Code, Chapter 20, Article VI. (9) Dedicated buffers in accordance with sections 20 -411. Finding: The applicant must comply with the City's Wetland Protection Ordinance. In order to accommodate the reconstruction, the plan proposes impacts to four wetlands totaling 1.84 acres of permanent wetland impacts, and .67 acres of temporary wetland impact. The City is proposing to replace the permanently impacted area resulting from roadway and stormwater treatment construction using 3.08 acres of wetland bank credit from the Board of Water and Soil Resources (BWSR) roadway replacement bank, and impacted area resulting from trail construction using .60 acres of wetland bank credit from City -owned wetland bank #127. In both cases the requirement calls for a 2:1 replacement ratio. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA) Rules. The applicant must receive the City's approval of a wetland replacement plan prior to any wetland impact occurring. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit #2013 -01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvements Project; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated November 27, 2012, and based upon the included Findings of Fact and subject to the following conditions: TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013 -01 January 15, 2013 Page 15 of 15 1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall receive the City's approval of a wetland replacement plan prior to any wetland impact occurring. 2. Wetland buffer areas shall be preserved, maintained, and/or created around all existing wetlands in compliance with Sections 20 -401 — 20 -421 of Chanhassen City Code. 3. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and Army Corps of Engineers and comply with their conditions of approval. 4. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. 5. The applicant must obtain, and the city must have received copy of, an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts. 6. A signed Landowner Statement and Contractor Responsibility form shall be provided to city prior to commencement of activity. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Joint Notification Application for Wetland Replacement (attachments can be viewed on city's website). 4. Public Hearing Notice. 5. Notice of Waiver of DNR Permitting Authority for Public Transportation Projects. g: \plan\2013 planning cases\2013 -01 th 101 wap\staff reportfof thl01.docx CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: The application of the City of Chanhassen for a Wetland Alteration Permit for wetland replacement for proposed impacts to four wetlands totaling 1.84 acres, as a part of the proposed TH 101 Roadway Improvements project. On January 15, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for a wetland alteration permit to impact four wetlands. The total area proposed to be impacted is 1.84 acres. The Planning Commission conducted a public hearing on the wetland alteration permit which was preceded by published 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 Agricultural Estate, Rural Residential, Planned Unit Development, Planned Unit Development - Residential, and Single - Family Residential and Bluff Creek Primary Corridor. 2. The property is guided in the Land Use Plan for Parks and Open Space, Residential Low - Density and Mixed Use. 3. The proposed project is located within the TH 101 corridor between Lyman Boulevard (CSAH 18) and Pioneer Trail (CSAH 14) within the City of Chanhassen. 4. City code directs that a wetland alteration permit shall not be issued without having been first reviewed by the Planning Commission and approved by the City Council following the review and hearing procedures set forth for conditional use permits and the additional requirement of Minnesota Rules Chapter 8420.0230. Wetland alteration and Conditional Use Criteria: a. The proposed project will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed wetland impacts that will occur with the TH 101 Roadway Improvements Project have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to address existing safety deficiencies and to provide for the present and future traffic needs of the area, improving safety and convenience for residents and recreationalists. b. The proposed project will be consistent with the objectives of the city's Comprehensive Plan and the zoning chapter of the City Code. The proposal is consistent with the objectives of the city's Comprehensive Plan and City Code. It complies with all city, state and federal requirements. The need for the proposed roadway improvements are presented in the City's 2030 Comprehensive Plan, as well as the MN Department of Transportation's Jurisdictional Turnback Project List. Trail construction is shown in the City's Future Park & Recreation Initiatives map and is consistent with city and regional trail plans. The storm water ponds will provide storage and treatment for roadway and trail run -off, improving water quality within the project area 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. The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands through a variety of measures, which include reducing the roadway slope near wetlands, achieving minimum distance between the trail and the roadway, reducing median, and modifying the design of the storm water ponds to avoid impacts to adjacent wetlands wherever possible. Currently, the proposed project is located within an area that includes single-family residential neighborhoods, rural residential neighborhoods, and Bandimere Park. The proposed project would provide safety improvements for residents, drivers, and recreationalists, as well as providing a connection to existing and future trails and neighborhoods, thus remaining compatible with and enhancing the existing and intended character and appearance of the area d. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. The surrounding uses are zoned for single-family residential, public/semi-public, and parks and open space. The wetland impacts proposed as a result of the project are not foreseen to cause hazards or disturbance to existing or planned neighboring uses. The proposed project is considered an enhancement to neighboring uses, as well as providing increased safety for residential neighborhoods and businesses, by providing a safer roadway and pedestrian and non - motorized recreational route. 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. 2 Any changes to drainage structures or additional drainage structures needed as a result of the proposed wetland impacts will be designed and constructed by the applicant's contracted consultant in compliance with city design standards. Proposed roadway improvements will continue to be maintained by the MN Department of Transportation, until 2014, when maintenance responsibilities are planned to be acquired by Carver County. Trails and storm water facilities will continue to be maintained by the City of Chanhassen, and will be designed and constructed according to city standards. f. 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. The proposed wetland impacts associated with the TH 101 Roadway Improvements Project will not create excessive need for public facilities and services. The roadway improvements project requires some additional services required by the city associated with trail and storm water maintenance. In addition, the proposed roadway improvements project is foreseen as an enhancement to economic community welfare, by providing safety improvements for residents and recreationalists to local businesses. 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. The proposed wetland alterations are not expected to be detrimental to any persons, property or the general welfare. 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. The proposed wetland impacts will not create nor interfere with traffic and surrounding public thoroughfares. When completed, the proposed roadway improvements will result in improved approaches, and will provide safer conditions for both pedestrian and vehicular traffic. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The proposed wetland impacts associated with the project will have no impact on solar access, natural, scenic or historic features of major significance. j. The proposed project will be aesthetically compatible with the area. The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area In addition, the proposed roadway improvements project will complement the area k. The proposed project will not depreciate surrounding property values. The proposed wetland impacts have been minimized to the greatest extent feasible, while still allowing for the roadway improvements project to occur. The proposed roadway improvements project will create a safer setting and will be an asset to the surrounding properties. 1. The proposed project will meet standards prescribed for certain uses as provided in the City code. 20 -410 (b) When a permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the ecological and hydrological characteristics of remaining wetland. (2) It shall be located as to minimize the impact on vegetation. Efforts have been made by the applicant to minimize the impact on wetlands and vegetation through a variety of measures, which included reducing the roadway slope near wetlands, achieving minimum distance between the trail and the roadway, reducing median, and modifying the design of the stormwater ponds to avoid impacts to adjacent wetlands wherever possible. (3) It shall not adversely change water flow. The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the hydraulic and hydrological characteristics of remaining wetland. (4) The size of the altered area shall be limited to the minimum required for the proposed action. The applicant has made a reasonable effort to limit the proposed wetland impacts to the minimum amount required in order to complete the roadway improvements project. During construction the contractor is required to follow approved plans to limit alterations to the minimum the project necessitates. (5) The disposal of any excess material is prohibited within remaining wetland areas. rd The applicant and their contractor are prohibited from disposing of excess material within remaining wetland areas as well as any other activities which may negatively impact the remaining wetland areas. (6) The disposal of any excess material shall include proper erosion control and nutrient retention measures. The applicant and their contractor must submit a satisfactory erosion and sediment control plan, and comply with all applicable sections of Chanhassen City Code, the city's Surface Water Management Plan, and the Minnesota Pollution Control Agency. (7) Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. The applicant and their contractor are required to refrain from any wetland altering activity during waterfowl breeding and fish spawning season. (8) Alterations to wetland areas shall be mitigated in accordance with the requirements of this article if the activity results in a loss of wetland area and/or function and value of the wetland. The applicant has submitted a replacement plan as part of the Joint Notification Application for Wetland Replacement which was received on November 27, 2012. The applicant is proposing to replace the impacted area using wetland bank credits. The required replacement ratio is 2:1. This is consistent with Chapter 8420.0522. of the Wetland Conservation Act (WCA) Rules, and City Code, Chapter 20, Article VI. (9) Dedicated buffers in accordance with sections 20 -411. The applicant must comply with the City's Wetland Protection Ordinance. 5. The planning report #2013 -01, dated January 15, 2013 prepared by Krista Spreiter, et al, is incorporated herein. 5 RECOMMENDATION The Planning Commission recommends that the City Council approve the Wetland Alteration Permit of Planning Case 2013 -01. ADOPTED by the Chanhassen Planning Commission this 15 day of January, 2013. CHANHASSEN PLANNING COMMISSION IM Its Chairman 2 Planning Case No. < "' All CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name and Address: - 7 - 7 b M AOeer `4�Lyl] FAN 6��tl Contact: A;,t ►sy& Sire- cr Phone ;a,- aa Fax: 952_'2-2_7_1t Email: 1L5�re �. c.�c�hasse�,mn u Property Owner Name and Address: '77 ®o (Y1 P:�,-vc> Contact: `Q Olg 4PA E_ Phone: 9 52.22 , 7.11 h, Fax: CjS2.2Z 7. t i 0 Email: F o e h nn'pe @ & NOTE Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non - conforming Use Permit Planned Unit Development" Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right -of- Way /Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees /Attorney Cost "* - $50 CUP /SPRNACNAR/WAP /Metes & Bounds - $450 Minor SUB TOTAL FEE $ N ZA An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full -size folded copies of the plans must be submitted, including an 8'/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format. * *Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: 'EA k©{ R©PfQLZ - 4 a4wm: LOCATION: T4 to t CA+- 9- 1,r)09. 'eeq UYMA& zyyo wo Pitx� R �fz t� LEGAL DESCRIPTION AND PID: M /Ph TOTAL ACREAGE: (.Q�Z4 Fr-V-V-G OV- W*'LA-K�D IMPS' WETLANDS PRESENT: A YES NO PRESENT ZONING: ./kMW LM)RPit. kf=-TAIP, t jl L) , YtA-tNMif, 0 UN rt Dv�vfjLP(1j0Q - r (rO pugs t'\•r'O ")M LT p U ��N► +t`�irrf�tD�iNlf�t- CP:Ji� -�). t. P- tt7�itJSt�L (p ��t�t i.�. _ tl(l.�c r � t p r ;t�Yt .- (' C-SF) Wg PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: -6aV Of; P, wrXL44fj KA i _. FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter. pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or 1 am the authorized person to make this application and the fee owner has also signed this application. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Sig ature of Applicant to Signat a of Fee Owner Date gAplanVorms \development review application.doc NA- 026620 -03C Minnesota Local /State /Federal Application Forms for Water/Wetland Projects PUBLIC TRANSPORTATION AND LINEAR UTILITY PROJECTS STANDARD APPLICATION For Internal Use Only Application No. Field Office Code Date Initial Application Received Date Initial Application Deemed Complete 1NV: "See HELP" for important additional information and assistance in Instructions section IS THIS AN ORIGINAL OR AMENDED NOTICE? (check one) This is an original notice ®, dated 11 -6 -2012 This is an amended notice ❑, dated 1. APPLICANT ROAD AUTHORITY INFORMATION: Road authority applicant: City of Chanhassen Contact person (name and title): Paul Oehme, Project Manager Complete mailing address: 7700 Market Blvd, PO Box 147, Chanhassen, MN 55317 Business phone: 9� 52) 227 -1169 e-mail: poehme@ci.chanhassen.com ci.chanhassen.com 2. PROJECT IDENTIFICATION County: Carver County Road name and /or number: TH. 101 Project termini: CSAH 18 (Lyman Blvd) to CSAH I4 (Pioneer Trail) Project number: SP 194 - 010 -011 ® attach PROJECT LOCATION MAP 3. ® attach SOILS MAP (if available) 4. PROJECT CATEGORY (check all that apply): ❑ Repair rehabilitation, reconstruction or replacement of existing roads that impact wetlands (including wetland areas of DNR Public Waters). If so, indicate size of impact (check one of the choices below): ❑ Less than 10,000 square feet of wetlands (see HELP 4). ® Greater than 10,000 square feet of wetlands. ❑ New road or modification of an existing road solely to increase traffic capacity impacting any amount of wetland area, river, lake or stream impact (excluding wetland areas of DNR Public Waters). ❑ Placement, maintenance or repair of linear utility projects. 5. PROPOSED TIMELINE: Approximate project start date: Wiring 2013 Projected end date: Summer 2014 Public Transportation and Utility Projects, Page 1 (August 2007) 6. PROJECT DESCRIPTION: Check all that apply. Include a detailed overhead view of your plan that clearly depicts the work to be undertaken. See What To Include on Plans (Instructions Page 2). ❑ Guardrail improvement ❑ ❑ Guardrail improvement w /slope flattening ❑ ❑ Resurfacing ❑ ❑ Culvert work; repair, extension or replacement ❑ ❑ Stream diversion ❑ ❑ Shoulder work: repair widening ❑ Shoulder widening with ditch grading ❑ Turn lane: improvement of existing Turn lane: new construction Slope flattening Bridge work: repair Bridge work: replacement Reconstruction (existing roads) Other ❑ New road construction ❑ Additional lanes solely for traffic capacity ❑ Linear utility Projects 7. ESTIMATED PROJECT COST: Funding Sources ( %): Federal 60 State 31 Local 9 8. SEQUENCING CONSIDERATIONS: What alternatives to this proposed project have you considered that could have avoided or minimized impacts to wetlands or water? For new construction only - list at least two alternatives (one of which may be "no build" or "do nothing "), and explain why you chose to pursue the option described in this application over these alternatives. ® Space above is not adequate - sequencing considerations are attached 9A. IMPACT SUMMARY: Impacts to lakes and watercourses only. Indicate total amount of impact in square feet or acres for water body area(s) to be filled, drained, inundated or excavated. For watercourses indicate length of stream or river affected in linear feet (see HELP 9A). Location of Impact County Name and Public Waters Impact(s) for Impacts) for Section, Twp, Range Watershed No. Name and ID Lakes Watercourse(s) Number (square feet or (in linear feet) acres) S 24 &25, T 116N, R 23W Carver, 33 215N NIA N/A N/A N/A N/A N/A AFFIRMATION For Public Waters impacts: ® I am applying for state and local authorization to conduct the work described in this application. ® I am familiar with the information contained in this application. ® To the best of my knowledge and belief, all information in this application is true, complete and accurate. ® I possess the authority to undertake the work described, or I am acting as the duly authorized agent of the applicant IF your project will impact ONLY DNR Public Waters, proceed directly to the Applicant Signature Block on Page 5. Public Transportation and Utility Projects, Page 2 (August 2007) 9B. IMPACT SUMMARY: For impacts to wetlands only: who" nttarhivrrr nn n .Vjonarate sheet —Case this same format ID of Wetland Basin Impacted Major Watershed Name or No. County , Section Twp, Range Wetland Cire. 39 Type J Wetland Plant Community Type (see HELP 913) Size of Wetland Impact Size of Wetland Basin 2 33 Carver 24, 116,23 3 /ShaMa 0.04 meadow 3 33 Carver 24, 116,23 2 /WM 0.04 coniferous 4 33 Carver 25, 116, 23 2 /WM 0.83 5 33 Carver 25, 116,23 2 /WM 0.93 T1L T2 T2 T T3 T4 T5 T6 T T8 1.8 TOTAT.S OF AREA (S) IMPACTED for each wetland veeetative community / wetland type in acres or square feet: Seasonally Floodplain Sedge Fresh Wet to wet Shallow Deep Shallow Shrub carr Hardwood or Open or flooded forest meadow (wet) mesic marsh marsh Open or alder coniferous coniferous basin meadow prairie Water thicket swamp bog T1 T1L T2 T2 T T3 T4 T5 T6 T T8 1.8 .04 TOTAL IMPACT FOR THE PROJECT: 1.84 9C. Are any of these impact sites within 1000 feet of a lake or 300 feet of a river? ❑ No ®Yes If YES, please explain. Yes, the project is less than 1,000 ft fromRiley Lake. The project will not impact Riley Lake during construction. 10. TYPE and AMOUNT OF FILL MATERIAL: e.g., rock, sand, clay or concrete (indicate amount of cubic yards.) 150,000 cubic yards 11. ADJOINING PROPERTY OWNERS: For projects that require a COE standard individual permit, attach a list of ADJOINING PROPERTY OWNERS that includes complete names and mailing addresses of adjacent property owners whose property also adjoins the wetland or water body where the work is being proposed. 12. PORTION OF WORK ALREADY COMPLETED: Is any portion of the work already completed? ®No ❑Yes If YES, attach DESCRIPTION OF WORK COMPLETED and provide permit numbers if applicable. 13. STATUS OF OTHER APPROVALS: Attach STATUS OF OTHER APPROVALS LIST, include any other permits, reviews, or approvals related to this proposed project that are either pending, or have already been approved or denied (see HELP 13). STATE EAW AND EIS REQUIREMENTS: Are state Environmental Assessment Worksheets or Environmental Impact Statements required for this project (see HELP 13)? ❑ no, not required ® yes, indicate status below ARCHEOLOGICAL OR CULTURAL RESOURCES DETERMINATIONS: Are you aware of any archeological or cultural resource determinations or surveys completed concerning the project or replacement site that are already completed or in process by the State Historical Society Preservation Office (SHPO) or others? ❑No ®Yes. If YES, please explain below or attach a copy of any determinations or surveys. Public Transportation and Utility Projects, Page 3 (August 2007) IF the project will use federal funds, please check the following boxes: ® The Section 106 (of the National Historic Preservation Act) review for this Federal Aid Highway Program funded project has been completed by the Federal Highway Administration (FHWA) per the 2005 Section 106 Programmatic Agreement. ® The Section 7 (of the Endangered Species Act) review for this Federal Aid Highway Program funded project has been completed by the Federal Highway Administration (FHWA) per the letter dated April 11, 2007 to the U.S. Army Corps of Engineers and Fish and Wildlife Service. If the box above has been checked, copies of the Section 7 determinations are attached. 14. SPECIAL CONSIDERATIONS: Are you aware of any special considerations that apply directly or indirectly to either the impact sites(s) or the replacement sites(s)? Examples may include the presence of endangered species, special fish and wildlife resources, sensitive surface waters, calcareous fens, or waste disposal sites. (see HELP 14). ® Not aware of any special considerations ❑ Yes, attach a list of SPECIAL CONSIDERATIONS and include brief descriptions of each consideration listed. 15. ON -SITE MITIGATION CONSIDERATIONS. List any important site - specific wetland functions and describe options considered for mitigation of these functions onsite. 16. HOW WILL PROPOSED REPLACEMENT BE ACCOMPLISHED: Wetland Banking only? ❑No ®Yes (if Yes, proceed to Question 17) Project - specific replacement only? ❑No ❑Yes (if YES, check all that apply below and proceed to Question 19) Project — specific replacement and Wetland Banking? ❑No ❑Yes (If Yes, check all that apply below, and proceed to Questions 18 and 19) For projects involving any project — specific replacement Part A: The replacement wetland (affirm all statements): Was not previously restored or created under a prior approval replacement plan or permit; AND Was not drained or filled under an exemption during the previous 10 years, AND Was not restored with financial assistance from public conservation programs; AND Was not restored using private finds, other than those of the landowner, unless the finds are paid back with interest to the individual or organization that funded the restoration; and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement. Part B: Additional assurances (check all that apply); ❑ The wetland will be replaced before or concurrent with the actual draining or filling of a wetland. ❑ An irrevocable bank letter of credit, performed bond, or other acceptable security has been provided to guarantee the successful completion of the wetland replacement. ❑ The wetland losses will be replaced via withdrawal from an account in the State Wetland Bank. Part C: For projects involving any project - specific replacement: I will record the Declaration of Restrictions and Covenants of the deed for the property of which the replacement wetland(s) will be located; and I will at the same time submit proof of such recording to the LGU. Public Transportation and Utility Projects, Page 4 (August 2007) 17. IF REPLACEMENT CONSISTS OF WETLAND BANKING, check appropriate option(s) below: ® BWSR Road Replacement Program: this option is available only for repair, rehabilitation, reconstruction or replacement of existing county, township or city roads. (Note: the TEP must certify that the project qualifies for this option — page 6.) If all of your replacement qualifies for this option - you do not need to answer the remaining questions, please skip to the Applicant Signature Blocks (Pages S and 7). ® State Wetland Bank - proceed to Question 21. (You must also complete the Application for Withdrawal of Credits Form and include with your application, see HELP 17). 18. FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING: I affirm that to the best of my knowledge and belief that all information in this application is true, complete and accurate. I affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank. I affirm that a completed withdrawal form has been submitted to the BWSR Wetland Bank Coordinator for replacing losses through the State Wetland Bank. 19. DESCRIPTION OF REPLACEMENT WETLAND (S) CONSTRUCTION: (Complete this section only if you are conducting project - specific replacement). See HELP 19 and attach this description on a separate sheet of paper labeled DESCRIPTION OF REPLACEMENT WETLAND CONSTRUCTION. 20. SURPLUS WETLAND CREDITS: If using project - specific replacement, will the replacement result in any surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? ❑No ❑Yes. If Yes, submit a Wetland Banking Application directly to your LGU. Copies are available from your LGU, or you may download a copy from www.bwsr.state.mn.us 21. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below for all wetland replacement sites (including bank sites) except for replacement to be completed through the BWSR Road Replacement Program. If your project has more than one wetland replacement site, reference your overhead view to this chart and see HELP 21. Name of Major County Predominant Wetland Circ. 39 New Wetland Public Value Restored or Wetland Watershed Section Vegetation Type / Plant Credits Credits created? Replacement number Township Proposed Community Type' (NWC) (PVC) Indicate Site Range R or C 127 33 23, 116,23 3 /ShMa 3.98 21.88 C TOTALS: Applicant Signature Block To the best of my knowledge and belief, all information in this application is true, complete and accurate. I possess the authority to undertake the work described, or I am acting as the duly appointed agent of the applicant. Signature Date Public Transportation and Utility Projects, Page 5 (August 2007) FOR LGU USE ONLY For projects involving construction of new roads, increased traffic capacity or linear utility of projects, the replacement plan is (Check one): ❑ Approved ❑ Approved with conditions (conditions attached) ❑ Denied LOU official signature uate LGU has received evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland: County where recorded Date Recorded Document # assigned by Recorder LOU official signature uate FOR TEP USE ONLY This section must be completed for projects affecting more than 10,000 sq. ft. of wetland involving repair, rehabilitation, reconstruction, or replacement of a currently serviceable existing state, city, county, or township public road necessary to meet state or federal design or safety standards or requirements, and for which the impacts are proposed to be replaced by BWSR through the Public Road Replacement Program. No debit of wetland banking credits shall occur until a majority of the TEP members recommend approval by signing below. As indicated below, TEP members recommend the BWSR debit the State Wetland bank to provide replacement for wetland impacts identified on this form, and certify the following: • The public road authority has provided project - specific reports to TEP members at least 30 days prior to beginning construction, or within 30 days after an emergency repair resulting in less than 10,000 ft z of impact; and • The TEP has reviewed minimization and delineation decisions made by the public road authority and determined the decisions to be satisfactory. ❑ Agree ❑ Disagree SWCD Representative (Date) ❑ Agree ❑ Disagree LOU Representative (Date) ❑ Agree ❑ Disagree BWSR Representative (Date) ❑ Agree ❑ Disagree DNR Representative (if applicable) (Date) Public Transportation and Utility Projects, Page 6 (August 2007) P P IV 010 N FOR DEPAR 1 1: 1*IjI-'.,1, It', I)* VEJ0 I IT 63 CI ()N I Il tfl pRO %J, \0. h7lo-003 I le 31.21W4 L4 : .. "—w!, gel I V!, DO Rk: it k N-E, V- PRIVWY AC T STATENIV'A A-1 :vmwk JT1 I TIII1.0UG1I 4'1'0 BE FILLED Yl BY THE (' 01k)"s I A I'M ?CA I fOX Ni) I -. 1 ol:rICI ("0 13 I.ml r R1,(.1; \, ED I T DA H: APPLICATION C( AIPLETI-1) YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS. I1I;1j)PIie:1I11N IllUst C-OmrLl non -, laded liums i t tntl 26, if wan igew i -.: edl. ako complete iienti< 8 and 11. 111isoptiorial T`Axleral corm k valid I ibr Ilse unti kvKm stwe applic,mon pitckct. X A(A 110RI7F13) A(;I:N'l *S NAI City of Chanhassen, Kin i lev-Horr. and Associates. Inc; Belli Kunkel I &APPLICANT'SADDRESS 1 9. AGENTS ADDRESS 7 APPLICANT'S1 NO to. vif.xrs PHONE NO. 11. S'I' ITEMTN r OFAt"I 1 , wirpleze wily I tic; chv z;utIjv[f/I: Beth Kunkel (KHA) to act an let h.hall Us III\ agwin III the ri",:wng Ill I--.,) 14r ntbli.:!] lift inkmlli`1110:11 )it 'Upiva (If DATE 12. PROJECT NAME Olt TITLE (see instructions) 11 NAME OF WATERBODY, I FKNOWN (if applicable) 14. PROJECT STREET ADJ)RE',SS IS. LOCA . HON OF PROJECT 16, OTHER LOCATION DESCRIPTIONS, 11 ' KNOWN (see instructions) .17. DIRECI TO.TflE, SITE TURf IR,NA OF ACTIVITY 19. PROJECT PUNPOSC.. 20. REASON(S) FOR DISCHARGE 2 ).JYPES OF MATERIAL .BEING DISCHARQED AND THE' ADVIOUNTOF EACH TYPE IN CUWYARI)i -22. SURFACr,ARE IN ACRESOF.wr -TLANDS OR OTHER WATERS FILLED 23. IS ANY PORTION OFT111 WOJtK ALREADY COMPLETE? YES NO Jr. YES, DESCRIBE CO,%,JPLLTED WORK. 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, 25. LIST OF OTHER CERTIFICAT OR APPROVAI.SiDENTALS RECEI VED FROM OTHER FEDERAL: OR LOCAL A(3r. FOR WORK DESCRIBED IN THIS APPLICATION 26. Appli elf. is licreby made for a permit or pc toaw ] the i ork &scrilvd in thi application. I certify that the i n tbrima tion io this appReation is complete tend accurate. I i1irther cerlify that I possess the audio ity to undertake the work described herein or am ailing as the duly authorized agent of the applicant, 1K V SJ - Ilpptic. , e I)" .11"I 1 - Signa:aeofarrnttif . inyl Darr T I. [ lea I lon Ill b it bL s iglu: d li} the Iwirson %t ' 'Ift destres to undertake the p. ropo iud lic I a % u\ (rl mtm I. or It may be signed by a Ju authorized qcju i the statement in Block I I has been fillcdout -ind signed. ,lepriment or agency I) ft lie United Slaws knowingly' and will fall} tihitres, ctivicol.s, or etn cr-i up 1% 411 wln trid'. scheme. 'if jisguiws a millorial ract ol m. es um: fit s-, firAtt uli:s or rr..-. tidalem siatement N or repre.slenta no ris or makcs or an) fa 6e %vr i it rig I )r document k nowi it - wale to cant tin any fia I , c, fictitious or ti ma w menti o r entry' sha 5 ! K. Lrcd relit more thin 510 0IM or in i pr ironed it ot itnore Ilia r I I ve YNlri or lxa ll FORM -1.345. Jul 97 Er)mON OFFFB 911 IS OW01.1 : 11i. (Proilcment: Cl ,w CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2013-01 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 15, 2013, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Wetland Alteration Permit for proposed roadway reconstruction and improvement project for the segment of TH 101 between CSAH 18 (Lyman Boulevard) and CSAH 14 (Pioneer Trail). Applicant: City of Chanhassen. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us /2013 -01 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Krista Spreiter, Natural Resources Technician Email: kspreiter@ci.chanhassen.mn.us Phone: 952- 227 -1173 (Publish in the Chanhassen Villager on January 3, 2013) Notice of Waiver of DNR Permitting Authority for Public Transportation Projects Project applicant /sponsor: Paul Oehme, Project Manager, City of Chanhassen Project name and description: TH101 Roadway Improvements, project # SP194- 010 -011 Project location: from CSAH 18 (Lyman Blvd) to CSAH 14 (Pioneer Trail) Public Water affected: unnamed public water wetland 10 -215W (0.83 acres) Date application received: 11/09/12 Under Minnesota Rules Chapter 6115.0250, the Minnesota Department of Natural Resources is authorized to waive its permitting authority for certain activities in public waters to local government units and public transportation authorities administering the Minnesota Wetland Conservation Act. This notice is to inform you that the DNR is waiving its permitting authority for this project as follows: Type of waiver: Not applicable: Categorical waiver — for public transportation projects involving the repair, rehabilitation, reconstruction, or replacement of currently serviceable existing public roads affecting 10,000 sq. ft. or less of public waters wetlands. ✓ Discretionary waiver Authority waived to: City of Chanhassen Wetland replacement provided through: ✓ 1.32 acres: BWSR Public Road Wetland Banking Program (0.66 ac at 2:1 ratio ) ✓ 2,26 acres: City of Chanhassen wetland bank credits identified in wetland replacement plan (1.18 ac at 2:1 ratio) Future regulatory action regarding the public waters affected by this project will be handled by the above named agency under authority of the Minnesota Wetlands Conservation Act as implemented through Minnesota Rules Chapter 8420. � November 20, 2012 John (Jack) Gleason I Area Hydrologist - West Metro I MnDNR 1 1200 Warner Road I St. Paul, MN 55106 I T: 651- 259 -5754 1 7ohn.Gleason(>astate.mn.us eC: Terry Jeffery, Krista Spreiter - City of Chanhassen Claire Bleser - Riley Purgatory Bluff Creek WSD Ken Powell, Lynda Peterson - BWSR Michael Setering - USACE Greg Graczyk - Carver SWCD Melissa Doperalski, Terri Yearwood - DNR EWR Beth Kunkel, Kimley -Horn PCHANHASSEN PLANNING COMMISSION REGULAR MEETING JANUARY 15, 2013 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Lisa Hokkanen, Kim Tennyson and Bill Colopoulos MEMBERS ABSENT: Mark Undestad, and Kathleen Thomas STAFF PRESENT: Kate Aanenson, Community Development Director; Sharmeen Al -Jaff, Senior Planner; Terry Jeffery, Water Resources Coordinator; Krista Spreiter, Natural Resources Technician; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Arturo Urrutia 408 Monk Court John Knoblauch 6450 Knob Hill Avenue, Excelsior LuAnn Markgraf 401 Rice Court Mary Muirhead 424 Monk Court Steve Lehto ` 8591 Tigua Lane PUBLIC HEARING: TH 101 IMPROVEMENT PROJECT: REOUEST FOR A WETLAND ALTERATION PERMIT FOR PROPOSED ROADWAY RECONSTRUCTION AND IMPROVEMENT PROJECT FOR THE SEGMENT OF TH 101 BETWEEN CSAH 18 (LYMAN BOULEVARD) AND CSAH 14 (PIONEER TRAIL). APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 2013 -01. Spreiter: Good evening Chairman Aller and members of the Planning Commission. As stated an application has been submitted by the City of Chanhassen for a wetland alteration permit as part of the Trunk Highway 101 roadway improvement project. As a result of the project the City is proposing impacts to 4 wetlands totaling 1.84 acres of permanent impact. The proposed project is to be located within the TH 101 corridor between Lyman Boulevard and Pioneer Trail. To give some background on the project, in 2007 the City of Chanhassen and the Minnesota Department of Transportation completed a corridor scoping study for TH 101 from Lyman Boulevard to the Scott County line. The study identified the segment of 101 from Lyman to Pioneer Trail as the highest priority for improvements. There currently are several safety concerns with the corridor, including steep grades, sharp curves, and inadequate sight distances. If completed the roadway improvements project will address these safety concerns and also provide increased capacity by constructing the current 2 lane undivided highway to a 4 lane divided highway with curb and gutter, a median separation, turn lanes and bicycle and pedestrian facilities. The project includes a proposed 10 foot multi -use recreational trail along the west side of 101 from Lyman Boulevard to Pioneer Trail connecting existing trails on the east side of 101 and Bandimere Park via an underpass at the entrance to the park. The project and it's improvements are consistent with the City's Comprehensive Plan, City Code, city and regional trail plans and are also presented in the Minnesota Department of Transportation's Jurisdictional Turnback Project List. The construction phase of the proposed project is scheduled to begin the summer of 2013 with final construction completion in July of 2014. As part of the project a wetland delineation report was completed and approved in February of 2012 identifying 5 wetlands in the area. As a result of the proposed project the City of Chanhassen is requesting a wetland alteration permit for permanent impacts to 4 of the identified wetlands totaling 1.84 acres. The impacted wetlands are Wetlands 2, 3, 4, and 5. Wetland 2 is located just north of Bandimere Park on the east side of 101. The impact proposed is .04 of an acre. It's classified as a Type 3 or shallow Chanhassen Planning Commission — January 15, 2013 marsh wetland. Wetland 3 is located on the west side of 101, across from Bandimere Park. It outlets to Wetland 4 via a channel that flows between the two. Wetland 3 is identified as a Type 2 fresh, wet meadow. The proposed impact to Wetland 3 is .04 of an acre. Wetland 4 located on the west side of 101 just south of Wetland 3 consists of four wetland types. Type 1, floodplain forest. Type 2, fresh, wet meadow. Type 3, shallow marsh and Type 6, Shrub -Carr. It is also identified as a Minnesota DNR public water. However in this case the DNR has chosen to waive it's permitting authority to the City of Chanhassen. The proposed impact to Wetland 4 would be .83 acres. Wetland 5 lies in the northwest corner of the intersection of 101 and Pioneer Trail and is classified as a Type 2, fresh, wet meadow. The proposed impact to Wetland 5 is .93 acres. The majority of the impact resulting from creation of stormwater ponding. Chapter 20, Article VI of City Code requires that the applicant must comply with the Wetland Conservation Act. The Wetland Conservation Act requires that the applicant must adhere to the following sequencing. First the applicant must avoid impacts wherever possible. Second, if avoidance is not an option the applicant must minimize impacts to the greatest extent practical. And finally the applicant must replace the impacts that could not be avoided or minimized. The City of Chanhassen as the applicant has presented two alternatives to the proposed project that would avoid or minimize impacts to wetlands as required. These alternative options are described in the Joint Notification Application prepared by Kimley -Horn and Associates and are also presented in the staff report. The preferred design was chosen for various reasons including cost efficiency, reduction in maintenance and further wetland impact avoidance. Minimization efforts were then presented to minimize the proposed unavoidable impacts through a variety of measures which included reducing roadway slope near wetlands, achieving minimum distance between trail and roadway, reducing median and modifying the design of the stormwater ponds adjacent to wetlands. Finally the City is proposing to mitigate for the impacts using wetland banking credits from two different sources. Because the roadway improvements are safety driven the wetland impacts associated with the roadway and stormwater treatment is eligible for Board of Water and Soil Resources roadway replacement credits. The impacts that would result from the trail construction are not eligible. Therefore these impacts will be mitigated for through credits from the City's wetland bank #127. Both are required to be mitigated for at a 2 to 1 ratio according to Chapter 8420 of the Wetland Conservation Act. In conclusion the City of Chanhassen, as the applicant, has completed the requirements set forth by City Code and the Wetland Conservation Act. Therefore staff is recommending approval with conditions outlined in the staff report. The motion can be found on page 14. This concludes my presentation. If there are questions on the roadway project in general, those can be directed towards the City Engineer or the City's consultant and I've included the contact information for the project which is also available on the City's website. Thank you and I'd be happy to take any questions at this time. Aller: Anyone have any questions? It was a great report. Very thorough. For those of you at home, the reports can be found on the website. Could you just, this isn't just a process that started last week. This is about a 5 year project, isn't it? Spreiter: I'm not sure when the planning portion of the project itself started. The delineation again I think was done in 2011 did it start? So yeah, I mean it's quite a process starting with the delineation itself. Aanenson: If I may Commissioner Aller. I think going back to the process, the corridor study was done a number of years ago. I think we shared that information with you and then you know try to get the plan put in place so when there's funding availability then the project can move forward so they kind of picked, identified some issues with that section of corridor. Whether it's the geometrics to widen the road. Safety improvements and that sort of thing so that was put in place and then once the funding was secured then these are the steps that needed to go through and this is one of the steps that needs to happen for the road project to go forward. And maybe Alyson you can talk about the timing of the rest of the improvements for that section of the road. Chanhassen Planning Commission — January 15, 2013 Fauske: MnDOT would certainly have to go and get the final approvals so I think they were, if I remember correctly, I think they were looking at a 2015 start date to get going on some of these improvements but we would, as always we update the project website on the City's webpage so folks can keep checking back to that for updated information. Aller: And I just wanted to point out for those present and for those at home that this item's been before us several times. There have been many public hearings on this and visitations with the contractors and developers. And then this process with regard to the wetlands had to go through BWSR and other State departments. DNR and they've all looked at this as well. The report appears to indicate that it fits the requirements of the code. Am I understanding that correctly? You would agree with that? Spreiter: Yeah. Basically our code defers back to the Wetland Conservation Act process. It says that through that process approval has to be gained in order for the City to approve a wetland alteration permit so there was a TEP, Technical Evaluation Panel meeting that was held in November. After some kinks were worked out they approved the replacement plan and the impacts as well. Aller: And then the replacements here, BWSR's going to be a 2 for 1? Spreiter: Yep. Both are 2 to 1 and the BWSR Roadway Replacement Bank is for roadway projects that are accepted under their criteria. From my understanding they have to be safety driven and then the stormwater impacts, because they're required as part of that, are also covered. The only thing that's not covered is the trail impacts so that's what is covered under our wetland bank. Aller: I just want everybody to be comfortable with the fact that the reason for some of the, and the need for the alteration is that it's a safety concern and the structure of the roadway we've looked at meets the bill now for those safety concerns regarding the steep grades, the curves and the sight alignments and that's why we need to do this in the first place. So it's for safety number one. And then number two, we've looked at several different alternatives and come up with what we believe is the best one and as a result of that, then we get the 2 for 1. Spreiter: Right. Aanenson: If I can Commissioner Aller, if you recall in the work session that we had maybe a year or so ago, we actually had the layout and then I know the City Council has been working through, we showed you kind of the preliminary design but the City Council then approved the final design, as we talked about the safety improvements. Giving better access to some of the people that had direct access onto. The City acquired a couple properties along the corridor. I think when we were on our tour this fall we actually went out and parked at Bandimere and looked across at some of those so this is kind of what needs to take place for those improvements to move forward. Aller: Great. Anything else? Okay, with that I'll open the public hearing portion of the meeting. Anyone wishing to come forward and speak either for or against or comment on the item before us can do so at this time. Please step forward and state your name and address for the record. Seeing no one coming forward on this matter, we'll go ahead and close the public hearing. Comments from the commissioners? Tennyson: No. Aller: Okay. Well I have no further comments or questions so I'll entertain a motion if there is one. Chanhassen Planning Commission — January 15, 2013 Hokkanen: I'll propose a motion. The Chanhassen Planning Commission recommends that the City Council approve Wetland Alteration Permit #2013 -01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvement Project and authorize the Water Resources Coordinator to sign the Joint Notification Application for approval of wetland replacement as shown in plans dated November 27, 2012, and based upon the included Findings of Fact and subject to the following conditions. Conditions 1 through 6, or do I need? Aller: Conditions within the staff report. And do you want to adopt the attached Findings of Fact. Hokkanen: And adopt the attached Findings of Fact. Colopoulos: I'll second that motion. Aller: Having a motion and a second, any discussion? Hokkanen moved, Colopoulos seconded that the Chanhassen Planning Commission recommends that the City Council approve Wetland Alteration Permit 92013 -01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvement Project and authorize the Water Resources Coordinator to sign the Joint Notification Application for approval of wetland replacement as shown in plans dated November 27, 2012, and based upon the included Findings of Fact and subject to the following conditions: Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall receive the City's approval of a wetland replacement plan prior to any wetland impact occurring. 2. Wetland buffer areas shall be preserved, maintained, and /or created around all existing wetlands in compliance with Sections 20 -401 — 20 -421 of Chanhassen City Code. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and Army Corps of Engineers and comply with their conditions of approval. 4. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. The applicant must obtain, and the City must have received copy of, an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts. 6. A signed Landowner Statement and Contractor Responsibility form shall be provided to the City prior to commencement of activity. All voted in favor and the motion carried unanimously with a vote of 5 to 0. M