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E-6. MN River Crossing/CSAH 61 Improvements WAPCITY OF 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.2271110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.2271170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.2271110 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 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us G'b MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Krista Spreiter, Natural Resources Technician DATE: April 14, 2014 6 SUBJ: Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland Alteration Permit and Wetland Replacement Plan Planning Case 2014 -10 PROPOSED MOTION "The Chanhassen City Council approves Wetland Alteration Permit #2014- 10 and WCA Permit Number 2014 -01 to impact 4.96 acres of wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase of .16 acres of wetland credit from bank #1175 and 9.76 acres from the BWSR Road Replacement Program ,for the purpose of the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated December 20, 2013 subject to conditions shown in the staff report. And, Adoption of the attached Findings of Fact and Recommendation." City Council approval requires a simple majority vote. EXECUTIVE SUMMARY The proposed project consists of reconstruction of CSAH 61 and the Highway 101 crossing of the Minnesota River, within the cities of Chanhassen and Shakopee. The Carver County Public Works Department is proposing to improve the existing roadway and river crossing by constructing a new 4,226 -foot long, four -lane bridge over the Minnesota River Floodplain Area and providing roadway safety and capacity improvements to CSAH 61 (Flying Cloud Drive) from approximately 475 feet west of Bluff Creek Drive to approximately 350 feet east of the Highway 61 /101 intersection. Construction for the proposed project is expected to begin with Phase 1 in June, 2014, with substantial completion and embankment removal in late December, 2015. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Lyman Boulevard WAP — Planning Case 2014 -10 April 14, 2014 Page 2 This project will require that 4.96 acres of wetland are impacted. These impacts will be mitigated for by wetland credits from the Board of Soil and Water Resources Road Replacement Program and the purchase of wetland banking credits from a privately held wetland bank #1175. PLANNING COMMISSION SUMMARY The Planning Commission held a Public Hearing on March 18, 2014 to review the wetland alteration permit for the proposed road improvement project. The commission voted five to zero on a motion recommending approval of the wetland alteration permit and wetland replacement plan. No individuals spoke at the public hearing. RECOMMENDATION Staff recommends adoption of the following motion approving the Wetland Alteration Permit and Wetland Replacement Plan: "The Chanhassen City Council approves Wetland Alteration Permit #2014 -10 and WCA Permit Number 2014 -01 to impact 4.96 acres of wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase of .16 acres of wetland credit from bank #1175 and 9.76 acres from the BWSR Road Replacement Program for the purpose of the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated December 20, 2013 subject to the conditions shown in the staff report. And, Adoption of the attached Findings of Fact and Recommendation." ATTACHMENTS 1. Wetland Alteration Permit 2014 -10. 2. Planning Commission Staff Report Dated March 18, 2014. GIPLAN\2014 Planning Cases\2014 -10 101 -61 WAP \executive sum ry_04_14_2014.docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA WETLAND ALTERATION PERMIT #2014 -10 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: For the purpose of the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project. 2. Prop . The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: See attached Exhibit A 3. Conditions. The Wetland Alteration Permit was approved subject to the following conditions: a. 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. b. 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. c. 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. d. 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. e. 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. f. A signed Landowner Statement and Contractor Responsibility form shall be provided to City prior to commencement of activity. 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. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: April 14, 2014 2 CITY OF CHANHASSEN IM C.. IN STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Thomas A. Furlong, Mayor Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this day of 20_ 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 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 EXHIBIT A See attached SEH Site Location and Topographic Map — Figure 1. in Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland Alteration Permit Site Location Map EXPLANATION Area of Investigation 0 025 05 Miles I � � 1 -77. at a" Assnmp?iu .T z — Gemmarp 1 �• r I u C a 160.. 9Cnnig, _ FR M to \ U 4n4 cr.iiV . ( \' Scori Wrz LJ Pmj,at L,aM „BR18 Site Loudon and Topographic Map Figure Minnesota River Flood Plain Bridge Replacement antl Improvements SEH Carver 8 Stott Counties, Minnesota 9 r CITY OF CHANHASSEN A Y N A 5 S PROPOSED MOTION: PC DATE: March 18, 2014 -� CC DATE: April 14, 2014 REVIEW DEADLINE: April 15, 2014 CASE #: 2014 -10 BY: KS The Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit #2014 -10 and WCA Permit Number 2014 -01 to impact 4.96 acres of wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase of. 16 acres of wetland credit from bank #1175 and 9.76 acres from the BWSR Road Replacement Program for the purpose of the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated December 20, 2013 subject to conditions within this staff report. =0 Adoption of the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: Request for a Wetland Alteration Permit for the construction of the Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project. LOCATION: Within the Highway 101 and CSAH 61 intersection and Highway 101 Minnesota River Crossing and CSAH 61 Improvements project corridor, Sections 35 and 36, T116 and 115N, R23W, within the cities of Chanhassen and Shakopee. APPLICANT: Carver County Public Works D Attn: Lyndon Robjent, P.E. 11360 Highway 212, Suite 1 Cologne, MN 55322 lrobient(&co.carver.mn.us 952- 466 -5200 PRESENT ZONING: Agricultural Estate (A2), and Fringe Business District (BF). 2030 LAND USE PLAN: Residential Medium - Density, Residential Large -Lot, Agricultural, and Office. ACREAGE: N/A DENSITY: N/A Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 2 of 26 SUMMARY OF PROPOSAL Request for a Wetland Alteration Permit under Chanhassen City Code, Chapter 20, Article VI, Wetland Protection, and approval of a wetland replacement plan under the MN Wetland Conservation Act for the construction of the proposed Highway 101 Minnesota River Crossing and CSAH 61 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. APPLICABLE REGUATIONS • Chapter 20, Article W, Conditional Uses: Wetland Alteration Permits follow the Conditional Use Permit criteria • Chapter 20, Article VI, Wetland Protection • MN Rules Chapter 8420.0500 through 8420.0526 PROPOSAL SUMMARY The Carver County Public Works Department is requesting a wetland alteration permit for wetland impacts as a result of the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project. The proposed project consists of reconstruction of CSAH 61 and the Highway 101 crossing of the Minnesota River, within the cities of Chanhassen and Shakopee. The Carver County Public Works Department is proposing to improve the existing roadway and river crossing by constructing a new 4,226 -foot long, four -lane bridge over the Minnesota River Floodplain Area and providing roadway safety and capacity improvements to CSAH 61 (Flying Cloud Drive) from approximately 475 feet west of Bluff Creek Drive to approximately 350 feet east of the Highway 61/101 intersection (see Figure 1). Construction for the proposed project is expected to begin with Phase 1 in June, 2014, with substantial completion and former embankment removal in late December, 2015. Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 3 of 26 EXPLANATION N s Area of Investigation N )� 0 0.25 0.5'1 �MIIeso aP�� r I da 41 4 AT % } - �J Ay _ 1 U:VRR CO Iz �r r I f �.. i �� rT �Nr ?rt•- +-,1nN��Trrn �,�Rr OTT CO y l i,' / ....o..- ,..:,„ S11eLOwnonantlTopopraPhleMap Figure Minnesota River Flood Plan Badge Replacement and Improvements Catvat & Scott Counties, Minnesota Project Location Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Carver County, Minnesota Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 4 of 26 hi order to accommodate the reconstruction, the applicant is proposing to impact seven existing wetlands (S1, S2, S3, S5, S6, S8, Dl 1), as well as Bluff Creek and the Minnesota River Floodplain Area, both Minnesota Department of Natural Resources (DNR) protected watercourses (see Figure 1 and Table 1, below). F i� E_ a Figure 1. Proposed wetland impacts as indicated in Figure 6 from application t H I •- II v 1 � t` n p w hm nd fr. .. 1lT •t -, - TH 1 g G si r toted - Wetland Impacts p aml T Impacts - o a.]8 acres wetland All Impact type 0.52 acres wetland excavation -Fill 0 ,17 acre to Blul Creek 0.2110 Minnesota _ River OOOdplaln `A.. - F-xcavatm TOW d% acres Bluff Creek Total Restoration: 9.82 acres reamed Minnesota River lbodplaln C;anstmctico LIn rls, H q w +: l d I ll O Wetanmpacts - Overall Project Figure „'<^"°°° TH 61 and CSAH 101 Roadway Improvements 6 SEH Carver and Soon Counties, Minnesota Figure 1. Proposed wetland impacts as indicated in Figure 6 from application Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 5 of 26 Table 1. Wetland Impacts Basin ID Cowardin Classification Circular 39 Classification Eggers & Reed Classification Impact Type Wetland Impacts (acres) sl PEMB TFpe 2 Fresh (wet) Meadow Fill 0.44 Sl PEMB Type 2 Fresh (wet) Meadow Excavation 0.05 S2 PEMB Type 2 Fresh (wet) Meadow Fill 0.44 S3 PEMC Type 3 Shallow Marsh Fill 0.21 S5 /S6 PEMB Type 2 Fresh (wet) Meadow Fill 0.66 S8 PEMC Type 3 Shallow Marsh Fill 0.01 S8 PEMC Type 3 Shallow Marsh Excavation 0.01 DI1 PEMB /PEMC Type 2/3 Fresh (wet) Meadow, Shallow Marsh Fill 1.99 D11 PEMB Type 2 Fresh (wet) Meadow Excavation 0.47 Bluff Creek PEMB Type 2 Fresh (wet) Meadow Realignment 0.47 Mitmesota River Cross PEMC Type 3 Shallow- Marsh Bent Piers 0.21 Total Impacts 4.96 acres Joint Notification Application for the Southwest Reconnection Project, prepared by S.E.H., January, 2014 The proposed wetland impacts resulting from the roadway improvements are divided into two categories: safety -driven impacts (impacts that result from the roadway safety improvements, bridge construction and creation of stormwater features) (4.88 acres), and non - safety related impacts (impacts resulting from trail creation) (.08 acres). Safety - related wetland impacts are eligible to be replaced using credits from the Board of Water and Soil Resources (BWSR) Roadway Replacement Bank. 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. Thus, 9.76 acres will be withdrawn from the BWSR Roadway Replacement Bank. The additional .08 acres of wetland impact associated with the multi -use recreational trail will be mitigated for using wetland bank credits purchased by Carver County from account #1175. This wetland bank is located in the same Bank Service Area (BSA 9) and Major Watershed (33- Minnesota) as the proposed project. Therefore, the impacts are required to be mitigated for at a 2:1 ratio, resulting in the purchase of. 16 acres of wetland credit from bank #1175. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA) Rules (see Table 2, below). Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 6 of 26 Table 2. Wetland Impact Mitigation Impact Source Mitigation Source Wetland Wetland Mitigation Impacts acres acres at 2:1 ratio Roadway, bridge. and storm water ponds BWSR Road Bank 4.88 9.76 Pedestrian trail German Settlement 0.08 0.16 Bank #1175 Totals 4.96 9.92 Table 7, Joint Notification Application for the Southwest Reconnection Project, prepared by S.E.H., January 2014 BACKGROUND The Highway 101 and CSAH 61 `wye' intersection has been experiencing safety and operational deficiencies associated with flooding and peak hour traffic delays as traffic volumes approach and exceed the capacities of these existing two -lane roadways. There are also short- and long- term capacity deficiencies with the increasing travel demand along these corridors. The proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project is deemed necessary in order to ease congestion, improve safety, address future traffic growth, and eliminate road closures due to 100 -year flood events. Additional safety information, crash data, and flood event information can be found in Section 4.7 of the Joint Notification Application. The need for the project is also identified in the Carver County Transportation Plan. The proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project involves reconstruction of the segment of CSAH 61 (Flying Cloud Drive) from approximately 475 feet west of Bluff Creek Drive to approximately 350 feet east of the Highway 61/101 wye intersection, within the City of Chanhassen, and the construction of a new 4,226 -foot long, four -lane bridge over the Minnesota River floodplain within Chanhassen and into the city of Shakopee. The proposed project will accommodate capacity and safety improvements by reconstructing the causeway within the river floodplain area, and current two -lane, undivided roadway and wye intersection to a four -lane bridge that will span the Minnesota River floodplain, and four -lane divided roadway with two roundabouts and raised medians. The construction of the proposed bridge will allow Highway 101 and CSAH 61 to remain open during 100 -year flood events, and the reduction of intersections and added capacity will improve safety. Additional safety information can be found in the Supplemental Information for the WCAI Corps Joint Permit Application, dated January 29, 2014. Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 7 of 26 Highway 101 Bridge Replacement The proposed bridge will consist of four lanes, with two 12 -foot driving lanes in each direction with 8 -foot outside shoulders. The proposed roadway elevation will raise the roadway above the 100 -year flood elevation and minimize or eliminate road closure due to flooding. The proposed bridge will span the Minnesota River floodplain area, more specifically over DNR Public Waters 10-221W and 27 -132P (Rice Lake). Forty piers and two abutments will support the proposed bridge, and 37 of these will be partially or wholly within wetland and consist of 8 and 11 bent piles. Construction of the proposed bridge will allow for the removal of the existing causeway from the Minnesota River floodplain, which will restore a large area of natural flow to the Minnesota River under high water and flood conditions. CSAH 61 (Flying Cloud Drive) Improvements The CSAH 61 (Flying Cloud Drive) improvements include the addition of a four -lane roadway section between the Highway 101 wye intersection and Bluff Creek Road. Two roundabout intersections arc proposed at the current Highway 101 wye intersection and the Bluff Creek Road intersection. A bridge is also proposed over Bluff Creek. Bluff Creek Realignment The current alignment of Bluff Creek passes under CSAH 61 and Highway 101 through two side -by -side box culverts. The proposed project would replace these twin box culverts and the four culverts under Highway 101 with the construction of a bridge on CSAH 61 and the proposed Highway 101 Bridge. The realigned section of Bluff Creek will extend the length of the segment of Bluff Creek between structures and allow for more meandering than it is currently able to achieve. Pedestrian Trail As part of the project, a multi -use pedestrian trail is proposed that extends from Bluff Creek Drive east along the north side of CSAH 61 to the eastern edge of the project, which is proposed to connect to the Hennepin County future trail corridor. On the western side of the project, the proposed off -road trail will follow the shoulder of Bluff Creek Drive north to connect with the Minnesota River Valley LRT Trail. A segment of the trail corridor is also proposed to cross under CSAH 61 in a shared bridge crossing with Bluff Creek. The construction of the trail will result in 3,593 square feet on the north side of the Highway 61/101 roundabout. The majority of the trail is located within areas that are already quantified within the roadway impacts. Wetlands within the proposed project area were delineated in September of 2012 by S.E.H. and June of 2013 by the MN Department of Transportation. The Technical Evaluation Panel reviewed the delineations on site in July of 2013. The delineation identified 23 wetland areas within the proposed project areas, as well as Bluff Creek. The Joint Permit Application dated January 29, 2014 was received and noticed on February 25, 2014. The proposed improvements will result in permanent impacts to seven wetlands as well as Bluff Creek and the Minnesota River, shown in Figure 2 below, and described as follows: Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 8 of 26 EXPLANATION Q aeaa��..rsa�sen MnDOT Level 1 Delineation SnmPle Polnls �Troe+. saomra 0 wmme • U"M =ry 4.aMG Level 2 Delineation=q s- .h..oa� woe, �N'e11mEBw^Wry =ry G -SU Sh. p1W Lw -WVeurc R. N � 0 250 500 750 1,000 Feet ry _ a' D -12 -9 7p -8 a: „ S „Po WeUPntlDaUnunonResults•North Figure TH 1011 CSAH 61 Road Improvements SEH ��.» m sa �� Carver &Scott Counties, Minnesota Figure 2. Delineated wetland areas as viewed in aerial photograph, Wetland Delineation Report, September 2013, provided by S.E.H. Wetland S 1: This wetland is classified as a Preserve wetland under the City's wetland classification system. It is classified as Type 2, Fresh (Wet) Meadow according to Fish and Wildlife Service Circular 39. Wetland S1 is located immediately south of CSAH 61 and west of the existing wye intersection. The proposed impact to this wetland is approximately .49 acres. Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 9 of 26 Figure 4. Photograph of wetland S1 facing south to Minnesota River (source S.E.H) Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 10 of 26 Wetland S2: This wetland is classified as a Preserve 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. It is located immediately south of CSAH 61, beginning just east of Bluff Creek Drive and extending west to the west terminus of the project area and area of investigation. The proposed permanent impact to this wetland will be approximately .44 acres. (source S.E.H.) sofa River Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 11 of 26 Wetland S3: This wetland is classified as a Type 3, Shallow Marsh wetland according to Fish and Wildlife Service Circular 39. It is classified as an Outstanding wetland under the City's wetland classification system. Wetland S3 is located immediately northwest of the intersection of CSAH 61 and Bluff Creek Drive, and is a part of the larger Seminary Fen wetland area, though it is not within the Minnesota DNR Seminary Fen Scientific and Natural Area (SNA). The proposed impact area to this wetland is approximately .21 acres. Almd Figure 6. Wetland S3 facing north from CSAH 61 roadway (source S.E.H.) Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 12 of 26 Figure 7. Proposed wetland impacts as indicated in Figure 6 -1 from application Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 13 of 26 Wetland S5/6: This wetland is classified as a Type 2, Fresh (Wet) Meadow according to Fish and Wildlife Service Circular 39. It is classified as a Manage 2 wetland under the City's wetland classification system. Wetland S5/6 is located immediately north and slightly east of the Highway 101 /CSAH 61wye. The proposed impact area to this wetland is approximately .66 acres. Figure 8. Wetland S5 facing northeast from CSAH 61 roadway (source S.E.H.) facing northeast from CSAH 61 roadway (source S.E.H.) Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 14 of 26 Wetland S8: This wetland is classified as a Type 3, Shallow Marsh wetland according to Fish and Wildlife Service Circular 39. Wetland S8 is a small wetland located between the current park and ride lot and roadway on the east side within the wye intersection. It is not classified under the City's wetland classification system. The proposed impact area to this wetland is approximately .02 acres. Figure 10. Wetland S8 (small wetland in ditch within the existing °wye' intersection) facing northeast from existing `Park and Ride' lot (source S.E.H.) Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 15 of 26 Wetland D11: This wetland is classified as a Type 2/3, Fresh (Wet) Meadow and Shallow Marsh wetland according to Fish and Wildlife Service Circular 39. Wetland D11 is located within the existing Highway 101 /CSAH 61 wye intersection just north of where the Bluff Creek channel currently flows. It is not classified under the City's wetland classification system. The proposed impact area to this wetland is approximately 2.46 acres. Wetland Delineation Report, September, 2013 (source S.E.H.) Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 16 of 26 Bluff Creek: Bluff Creek is a Minnesota Department of Natural Resources Protected Watercourse. It is classified as a Type 2, Fresh (Wet) Meadow wetland according to Fish and Wildlife Service Circular 39. The applicant is proposing .47 acres of permanent impact to Bluff Creek, associated with culvert replacement and realignment and relocation of the channel to allow Bluff Creek to pass under the CSAH 61 roadway. Approximately 500 linear feet of the creek between CSAH 61 and Highway 101 will be realigned as part of the proposed project. The proposed channel alignment will be approximately 600 linear feet and will include designed meanders and slope reduction. The applicant is in the process of obtaining the necessary permits and approvals from the Minnesota Department of Natural Resources for the proposed work within Bluff Creek (See Figure 12, below). Figure 12. Proposed wetland impacts as indicated in Figure 6 -2 from application Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 17 of 26 Minnesota River Channel and Floodplain: The Minnesota River Floodplain is a Minnesota Department of Natural Resources Protected Water and Watercourse. The applicant is proposing .21 acres of permanent impact to the Minnesota River Floodplain, classified as Type 3, Shallow Marsh wetland according to Fish and Wildlife Service Circular 39. The proposed impacts are associated with the 37 piers that will support the proposed bridge that are to be placed partially or wholly within wetland, and consist of 8 and 11 bent piles for each pier. A total of 374 bent piles are proposed to be within wetland areas, and each is estimated to incur 25 square feet of wetland impact (See Figure 13, below). Construction of the proposed bridge will also allow for the removal of the existing causeway from the Minnesota River floodplain, which will restore a large area of natural flow to the Minnesota River under high water and flood conditions, and will allow natural wetland and floodplain habitat to re- establish. The removal of the existing causeway and its associated fill material is projected to have a positive environmental effect by allowing for the natural restoration of wetland/floodplain habitat. This cannot be claimed as mitigation, however. Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 18 of 26 L, :F4 tM - "N \� - t. yy��i�� y �nrerpiwa-..inv + Wetland Impacts :< Impact Type 4} Fill Excavation Zan purgatory Creek A i Construction Plans' - - -- Roadway Features'' - - - - - -- Trail, Trail Features — Storm Water Features Construction Limits ? +:- �,y- ';,..� �t+ rrA---- TFeet- wise cuem t ww+e Jrwwx 1rz7MU Wetland Impacts Figure _ ots) a5,. by y'M nv- .rownena'�'':s w.ou TH 81 and CSAH 101 Roadway Improvements 6 -3 SEH Carver and Scott Counties, Minnesota Figure 13. Proposed wetland impacts as indicated in Figure 6 -3 from application Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 19 of 26 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: A No -Build alternative would entail making no improvements and allows the existing configuration of intersections within the project area and would result in no impacts to wetlands. The No -Build Alternative was not chosen as the preferred alternative because it fails to address the project purpose and need or satisfy the project goals and objectives of eliminating or minimizing road closures due to flood events, and meeting growing travel capacity demands and safety needs. Alternative road alignments were investigated to determine if impacts to the wetlands, Bluff Creek, and the Minnesota River Floodplain could be avoided and to identify minimization opportunities. These alternatives were disregarded due to engineering challenges, as the majority of them resulted in approximately the same amount of wetland impacts. CSAH 61- Alternative 1 Preliminary plans included the relocation of CSAH 61 to the north of the existing alignment. This alternative would meet future traffic demand, but included necessary grading into bluff areas. Alternative 1 would have added impacts to Wetlands S3, S4, S5/6 and D13, but would reduce impacts to Wetland 1. Impacts associated with the roundabout would remain unchanged. Alternative locations of the roundabout were also considered, but all would have resulted in additional impacts to wetlands D6 and D9 (both Wetlands D6 and D9 are located within the Minnesota River floodplain area). Therefore, the preferred alternative of reducing the overall quantity of impacts to other, potentially higher quality wetlands was chosen, as it was determined that impacts to Wetland Dl l were unavoidable. A traditional intersection was also considered in place of the proposed roundabout intersections, however, due to the intersection locations this alternative would not result in the reduction of wetland impacts. Thus, the roundabout intersections were selected as the preferred alternative, as they are considered to provide the greatest safety improvement. Highway 101 - Alternative 2 Highway 101 was considered for multiple construction and alignment alternatives. Raising the elevation of the causeway was considered but dismissed, as it would cause extensive wetland impacts and increase flood elevations. Alternative alignments were also considered, but resulted in greater wetland impacts. Alternative bridge construction proposed to set piers into constructed riprap islands. However these islands would result in a considerable footprint of discharge into wetland area, and added between five and six acres of wetland impacts. Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 20 of 26 Preferred Alternative The Preferred Alternative (the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project) was chosen because it significantly reduced impacts for the bridge portion of the project. Construction of the proposed bridge will allow for the removal of the existing causeway, while minimizing road closures from flooding without increasing the 100 - year flood elevation. The proposed CSAH 61 (Flying Cloud Drive) roadway improvements will improve safety through two new roundabout intersections and address existing high traffic volumes by adding a four -lane roadway through the project corridor. Impact Minimization and Avoidance 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 by locating CSAH 61 closer to the existing alignment, and reducing the extent of soils corrections needed. These efforts resulted in the reduction of wetland impacts by approximately four acres. The use of bent pile piers for the proposed bridge over the Minnesota River Floodplain area further reduced wetland impacts by approximately 2.5 acres, resulting in the current proposed wetland impact amount of 4.96 acres. Stormwater Management Four water quality features are proposed within the project area to collect, convey, and/or treat surface water runoff resulting from the new construction. These include drainage ditches, grass swales, infiltration ponds, and wet detention ponds. The northeast pond, which is associated with the roundabout, has the greatest wetland impact, but it is also providing the majority of stormwater treatment, and will utilize the existing park and ride lot to reduce impacts. The west pond will also require some excavation of wetland in order to achieve the required amount of treatment. The remaining stormwater features will have no wetland impacts. These features will be designed to meet local and state water quality standards. Wetland Replacement Wetland replacement for this project will be accomplished using two methods; impacts associated with safety improvements, including roadway, bridge, and stormwater features will be replaced through the BWSR Road Bank Program, and impacts associated with the pedestrian trail will be replaced through purchase of wetland bank credits from wetland bank #1175. The replacement plan proposes that 9.76 acres (4.88 ac at a 2:1 ratio) resulting from the roadway safety improvements would be replaced with BWSR roadway replacement credits, and .16 acres (.08 ac at a 2:1 ratio) resulting from non - safety - related wetland impacts be replaced by the County, using wetland bank credits purchased from wetland bank account #1175, located in the same Bank Service Area 9, and Major Watershed 33. Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 21 of 26 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 Highway 101 Minnesota River Crossing and CSAH 61 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 minimize road closures due to flood events, 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 proposed roadway improvements, bridge construction, and trail construction is shown in the City's Comprehensive Plan and are consistent with City and regional trail plans. The roadway improvements and trail construction will improve safety and ease congestion 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 by locating CSAH 61 closer to the existing alignment, use of bent pile piers for the proposed bridge over the Minnesota River Floodplain area, and reducing the extent of soils corrections needed. Currently, the proposed project is located within an area that includes single - family residential neighborhoods, agricultural land, commercial business, U.S. Fish and Wildlife MN Valley National Wildlife Refuge, the MN DNR Raguet Wildlife Management Area (WMA), and the MN DNR Seminary Fen Scientific and Natural Area (SNA). The proposed project would provide safety improvements for residents, drivers, and recreationalists, as well as providing a connection to existing and future trails, Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 22 of 26 regional 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 Residential Medium - Density, Residential Large -Lot, Agricultural, and Office. 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, recreationalists, and motorists, 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 roadways will be maintained by Carver County, and trails will be maintained by the City of Chanhassen. Both proposed roadways and trail 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 Highway 101 Minnesota River Crossing and CSAH 61 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 maintenance. In addition, the proposed roadway improvements project are foreseen as an enhancement to economic community welfare, by providing safety improvements and accessibility 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. FINDING: The proposed wetland alterations are not expected to be detrimental to any persons, property or the general welfare. Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 23 of 26 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 eased congestion, minimal or the elimination of road closures due to flooding, improved sight lines, safer approaches, increased accident reduction potential, 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. Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 24 of 26 (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 locating CSAH 61 closer to the existing alignment, use of bent pile piers for the proposed bridge over the Minnesota River Floodplain area, and reducing the extent of soils corrections needed. (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. The removal of the causeway within the Minnesota River Floodplain Area will restore natural flows and wildlife habitat to the area. The applicant is in the process of obtaining the necessary permits from the Minnesota Department of Natural Resources and U.S. Army Corps of Engineers for any necessary work within Bluff Creek and the Minnesota River Floodplain Area. (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 bridge construction and 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 Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 25 of 26 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. 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 February 25, 2014. 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 seven wetlands, as well as Bluff Creek and the Minnesota River Floodplain area, totaling 4.96 acres of permanent wetland impact. The applicant, Carver County, is proposing to replace the permanently impacted area resulting from safety- related roadway improvements (4.88 acres) using wetland bank credits from the Board of Water and Soil Resources (BWSR) roadway replacement bank, and the impacted area resulting from non - safety - related impacts (.08 acres) using credits from wetland bank #1175. 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. Planning Commission Highway 101 /CSAH 61 Improvements Project Wetland Alteration Permit Planning Case #2014 -10 March 18, 2014 Page 26 of 26 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit #2014 -10 and WCA Permit Number 2014 -01 to impact 4.96 acres of wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase of .16 acres of wetland credit from bank #1175 and 9.76 acres from the BWSR Road Replacement Program for the purpose of the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated December 20, 2013 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. 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 and Supplements. 4. Public Hearing Notice. GAPLAN\2014 Planning Cases\2014 -05 Lyman Boulevard WAP CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: The application of Carver County Public Works for a Wetland Alteration Permit for wetland replacement for proposed impacts to seven wetlands, as well as Bluff Creek and the Minnesota River Floodplain Area totaling 4.96 acres, as a part of the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project — Planning Case 2014 -10. On March 18, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carver County for a wetland alteration permit to impact seven wetlands, as well as Bluff Creek and the Minnesota River Floodplain Area. The total area proposed to be impacted is 4.96 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 (A2), and Fringe District (BF). 2. The property is guided in the Land Use Plan for Residential Medium - Density, Residential Large -Lot, Agricultural, and Office. The proposed project is located within the within the Highway 101 and CSAH 61 intersection and Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project corridor, Sections 35 and 36, T116 and 115N, R23W, within the cities of Chanhassen and Shakopee. 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: 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 Highway 101 Minnesota River Crossing and CSAH 61 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 minimize road closures due to flood events, 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 proposed roadway improvements, bridge construction, and trail construction is shown in the City's Comprehensive Plan and are consistent with City and regional trail plans. The roadway improvements and trail construction will improve safety and ease congestion 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 by locating CSAH 61 closer to the existing alignment, use of bent pile piers for the proposed bridge over the Minnesota River Floodplain area, and reducing the extent of soils corrections needed. Currently, the proposed project is located within an area that includes single - family residential neighborhoods, agricultural land, commercial business, U.S. Fish and Wildlife MN Valley National Wildlife Refuge, the MN DNR Raguet Wildlife Management Area (WMA), and the MN DNR Seminary Fen Scientific and Natural Area (SNA). The proposed project would provide safety improvements for residents, drivers, and recreationalists, as well as providing a connection to existing and future trails, regional 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 Residential Medium- Density, Residential Large -Lot, Agricultural, and Office. 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, recreationalists, and motorists, 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 roadways will be maintained by Carver County, and trails will be maintained by the City of Chanhassen. Both proposed roadways and trail 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 Highway 101 Minnesota River Crossing and CSAH 61 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 maintenance. In addition, the proposed roadway improvements project are foreseen as an enhancement to economic community welfare, by providing safety improvements and accessibility 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. 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 eased congestion, minimal or the elimination of road closures due to flooding, improved sight lines, safer approaches, increased accident reduction potential, 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. (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 locating CSAH 61 closer to the existing alignment, use of bent pile piers for the proposed bridge over the Minnesota River Floodplain area, and reducing the extent of soils corrections needed. (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. The removal of the causeway within the Minnesota River Floodplain Area will restore natural flows and wildlife habitat to the area. The applicant is in the process of obtaining the necessary permits from the Minnesota Department of Natural Resources and U.S. Army Corps of Engineers for any necessary work within Bluff Creek and the Minnesota River Floodplain Area. (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 bridge construction and 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. 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 February 25, 2014. 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. The Planning Commission recommends that the City Council approve the application of Carver County for a Wetland Alteration Permit for wetland replacement for proposed impacts to seven wetlands, as well as Bluff Creek and the Minnesota River Floodplain Area totaling 4.96 acres, as a part of the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project. ADOPTED by the Chanhassen Planning Commission this 18s' day of March, 2014. CHANHASSEN PLANNING COMMISSION NO Its Chairman 0 COMMUNITY DEVELOPMENT DEPARTMENT �� Planning Division —7700 Market Boulevard Mailing Address —P.O. Box 147, Chanhassen, MN 55$17 Crff Phone: (952) 2274300 ! Fax: (952) 227 -1110 APPLICATION FOR DEVELOPMENT REVIEW Date Fib: . 14?014 60 Day Review Deadline: && (5, 2AIq Planner: ❑ Comprehensive Plan Amendment ......................... $800 ❑ Minor MUSA line for failing on -site sewers..... $100 ❑ Conditional Use Permit ❑ Single - Family Residence . ............................... $325 ❑ All Others .............................. ........................... $425 ❑ Interim Use Permit ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others .............................. ...........................$425 ❑ Grading z 1,000 cubic yards ........................... UBC ❑ Rezoning ❑ Planned Unit Development (PUD) .................. $750 ❑ minor Amendment to existing PUD..... ............$100 ❑ All Others .............................. ...........................$500 ❑ Sign Plan Review. .................................................. $150 ❑ Site Plan Review ❑ Administrative ....................... ...........................$100 ❑ CommerciaUlndustrial Districts ` ......................$500 Plus $10 per 1,000 square feet of building area *Include number ofexlsting employees: and number of new employees: ❑ Residential Districts .............. ...........................$500 Plus $5 per dwelling unit ADDITIONAL REQUIRED FEES: ❑ Notification Sign .................... ............................... $200 (City to Install and remove) ❑ Property Owners' List within 500' ...__.. . $3 per address (City to generate —fee determined at pre-applical on meeting) ❑ Escrow for Recording Documents.. $50 per document (CUPISPRNACNARIWAPIMetes & Bounds Subdivision) ❑ Subdivision ❑ Create 3 lots or less ........ ............................... $300 ❑ Create over 3lots ....................... $600 + $15 per lot ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Consolidate Lots ................... ...........................$150 ❑ Lot Line Adjustment .............. ...........................$150 ❑ Final Plat ' ............................. ...........................$250 `Requires additional $450 asaow fwattorney costs. Escrow will be required for other applications through the development contract, ❑ Vacation of Easements/Right -of- way ................... $300 (Additional recording fees may apply) ❑ Variance., .... ........ ................................ .... $200 ❑� Wetland Alteration Permit ❑ Single - Family Residence ............................... $150 ❑ All Others ........................ ............................... $275 ❑ Zoning Appeal ....................... ............................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE : when multiple applications are processed Comurrantly, the appropriate foe shall be Charged for each application. (Rotor to the appropriate Appildetko Chadit 1wregahed submittal Informagon that must accompanyMis application) TOTAL FEES: $ CPO 6 Received from: Date Received: Check Number. Section 2: Required Information Project Name: Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Property Address or Location: "'"" F° i8101res+ �y. im. oeoanwwnwrweanawa" ocs, wsrmmnareomaturterewonvewasoraeenwm „.n.m,res"een;,ceon. Parcel #: Legal Description: Total Acreage: 4•e6 (proposed Impan) Woflands Present? ® Yes ❑ No Present Zoning: Agriculluml Estate (A2), and Fringe District (617). Requested Zoning: No change. Present Land Use Designation: R.W” .[M-• °"°" "a "0"° Requested Land Use Designation: No change. Existing Use of Property: Transportation Description of Proposal: ❑ Check box if separate narrative is attached APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, 1, as applicant, represent to have obtained authorization from the property owner to file this application. l agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct. Name: Lyndon Robjent, P.E., Carver County Engineer /Public Works Director Contact: Address: 11360 Highway 212, Suite 1 Phone: (952) 466 -5200 City /State/Zip: Cologne, MN 55322 Cell: Email: Irobjent@co.carver.mn Fax: (952) 4662 3 / Signature: Data: z PROPERTY OWNER: In signin is application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I 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. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State /Zip: Cell: Email: Fax: Signature: Date: PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State /Zip: Cell: Email: Fax: Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: 0 Applicant Via: ❑/ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City /State /Zip: ❑ Other* Via ❑ Email ❑ Mailed Paper Copy Email: January 29, 2014 Ms. Melissa Jenny Army Corps of Engineers St. Paul District Office 180 5th Street East, Suite 700 St. Paul, Minnesota 55101 -1678 Dear Ms. Jenny: RE: Southwest Reconnection Project CSAH 61 and Highway 101 Reconstruction SEH No. CARVR 119938 14.00 On behalf of Carver County, please find the enclosed application for the Southwest Reconnection Project, which proposes to reconstruct CSAH 61 and the Highway 101 crossing of the Minnesota River. The project is located primarily within the City of Chanhassen, Carver County, although the southern end is within the City of Shakopee and Scott County. Carver County Public Works is the project proposer, and is accepting the Highway 101 as a turn -back from the Minnesota Department of Transportation. The project will impact 4.18 acres of wetland, and 0.68 acres of Public Waters associated with the relocation of Bluff Creek, and for placement of bridge piers into Rice Lake and Minnesota River floodplain. Total impacts for discharge and excavation into waters or wetland is 4.96 acres. The project proposes to bridge Highway 101, which will allow for the removal of the existing causeway, and the restoration of 9.82 acres of wetland on -site. Mitigation is proposed through the Board of Water and Soil Resources transportation bank, as the project is driven by safety and to meet state aid standards. A small amount of impact related to a pedestrian trail will be replaced through purchase of wetland credits from a private bank. Construction is proposed to start in the spring of 2014. This letter is a request for a Letter of Permission from the USACE, a Public Waters Works Permit from the MNDNR, and approval of replacement plan for the Wetland Conservation Act. Thanks for your review and support of this project, Rebecca Beduhn Staff Biologist drd Enclosure c: See list on back a:bekka I1"38mv mmtal \wrtlan& \,velm p MY aWli imu eh fial left. o Error! Reference source not found. January 29, 2014 Page 2 Lyndon Robjent, Carver County Kristin Larson, Carver County Terrence Jeffery, City of Chanhassen Katherine Heinz, MNDOT Sauna Straumanis, MNDOT Molly Kline, MNDOT Peter Leete, MNDOT Bruce Loney, City of Shakopee Mitch Rasmussen, Scott County John Gleason, MNDNR Melissa Doperalski, MNDNR Ken Powell, BSWR Lynda Peterson, BWSR Greg Graczyk, Carver Soil and Water Conservation District Len Kramer, Barr Engineering Linda Loomis, Naiad Consulting, LLC 61 lot eC011n1on Wetland Permit Application Carver County Public Works Carver County, Minnesota SEH No. CARVR 119938 January 2014 Wetland Permit Application Southwest Reconnection Project: Highway 61/101 Flood Mitigation Carver and Scott Counties Cities of Chanhassen and Shakopee, Minnesota SEH No. CARVR 119938 January 2014 I hereby certify that this wetland permit application was prepared by me, and the procedures and field methods used constitute an official wetland delineation in accordance with the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual. Name: Rebecca Beduhn Certified Wetland Delineator -IT, No. 5109 Professional Soil Scientist -IT, No. 144868 03L�'/L Reviewed by: Certified Wetland Delineator, No. 1009 Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN 55110 -5196 651.490.2000 Table of Contents Minnesota Local/State/Federal Application Forms for Water /Wetland Projects Minnesota WCA Application for Certificate of No Loss or Exemption Department of Natural Resources Water Permit Application Fees Form Certification Page Table of Contents Page 1.0 Summary ...................................................................................... ..............................1 1.1.1 Project Description .................................................... ..............................1 1.1.2 Purpose and Need Statement ................................... ..............................1 1.1.3 Wetland Impacts ........................................................ ..............................1 1.1.4 Wetland Creation ...................................................... ..............................1 1.1.5 Wetland Mitigation — Roadway Safety Improvements .............................2 1.1.6 Wetland Mitigation — Trail Impacts ............................ ..............................2 2.0 Introduction .................................................................................. ..............................2 2.1 Contact Information ............................................................... ..............................3 2.2 Project Location .................................................................... ..............................3 3.0 Purpose and Need ....................................................................... ..............................4 4.0 Project Description ...................................................................... ..............................4 4.1 Highway 101 Bridge Replacement ........................................ ..............................4 4.2 CSAH 61 Improvements ....................................................... ..............................5 4.3 Bluff Creek Realignment ....................................................... ..............................5 4.4 Pedestrian Trail ..................................................................... ..............................5 4.5 Storm Water Treatment ........................................................ ..............................6 4.6 Project Costs ......................................................................... ..............................6 4.7 Existing Conditions ............................................................... ..............................6 4.7.1 Safety ........................................................................ ..............................7 4.7.2 Flood Events ............................................................. ..............................7 4.7.3 Construction Methods ............................................... ..............................8 4.7.4 Mobility ...................................................................... ..............................9 5.0 Wetlands ....................................................................................... ..............................9 5.1.1 Wetland Delineations ................................................ ..............................9 5.2 Results ................................................................................. .............................10 5.2.1 Bluff Creek ............................................................... .............................10 5.2.2 Minnesota River Floodplain ...................................... .............................11 6.0 Sequencing ................................................................................. .............................11 6.1 Project Alternatives, Avoidance, and Minimization .............. .............................11 6.1.1 No -build Alternative .................................................. .............................11 6.1.2 CSAH 61 Alternative 1 — Design and Location Alternatives .................. 11 6.1.3 Highway 101 Alternative 2 —Design and Location Alternatives ............ 12 6.1.4 Alternative 3 — Preferred Alternative ........................ .............................12 6.1.5 Summary of avoidance and minimization ................. .............................13 SEH is a registered trademark of Short Elliott Hendrickson Inc. Wetland Permit Application CARVR 119938 Carver County Page i Table of Contents (Continued) 7.0 Wetland Impacts ............................ ............................... 7.1 Bluff Creek Impacts ................. ............................... 7.2 Pedestrian Trail Impacts ......... ............................... 7.1 Wetland Re- establishment ...... ............................... 8.0 Wetland Replacement Plan ........ ............................... 8.1.1 BWSR Road Program ............................. 8.1.2 Wetland Banking ...... ............................... 9.0 Permitting and Regulatory Jurisdiction .................. 9.1 U.S. Army Corps of Engineers ............................ 9.2 Wetland Conservation Act— City of Chanhassen 9.3 Minnesota Department of Natural Resources..... 10.0 Supplemental Information ......... ............................... 10.1 U.S. Fish and Wildlife and MNDNR Property...... 10.2 State Threatened and Endangered Species....... 10.3 Storm Water Treatment ....... ............................... 10.4 Archeological Resources ..... ............................... List of Figures Figure 1 — Site Location and Topographic Map Figure 2 — Aerial Photograph (2012) Figure 3 — MNDNR Public Waters Inventory Figure 4 — National Wetlands Inventory Figure 5 — Soil Survey for Carver and Scott Counties Figure 6a- Wetland Delineation Results — North Figure 6b- Wetland Delineation Results — South List of Appendices Appendix A - Project Plan Sheets Appendix B - Wetland Delineation Report Appendix C - TH 101 "Wye" Feasibility Study Appendix D - Combined Wetland Application Forms Appendix E - Wetland Banking Forms s: neN` ccnnr' �ll9938�xurirowt emapserWuls`avetlaad pewit ayyGcatiouN 101 - csah 61 wetland pnmut application locx ..13 ..13 ..14 ..14 ..14 ..15 ..15 ..16 ..16 ..16 ..17 ..17 ..17 ..18 ..18 .18 Wetland Permit Application CARVR 119938 Carver County Page ii January 2014 Wetland Permit Application Southwest Reconnection Project: Highway 61/101 Flood Mitigation Prepared for Carver County Public Works 1.0 Summary 1.1.1 Project Description The proposed Southwest Reconnection Project, located in the cities of Chanhassen and Shakopee Minnesota, will construct a new 4,226 -foot long four -lane bridge over the Minnesota River floodplain area and will include roadway safety and capacity improvements to Carver County State Aid Highway 61 (also known as Flying Cloud Drive) from approximately 475 feet west of Bluff Creek Drive to approximately 350 feet east of the Highway 61/101 "Wye" intersection. The total length of improvements along Highway 101 and Flying Cloud Drive is approximately 4,860 feet and 3,660 - feet, respectively. 1.1.2 Purpose and Need Statement Highway 101 and CSAH 61 have safety and operational needs associated with the roadways having to close during periods of flooding, whereby requiring traffic to find alternative routes to cross the Minnesota River. There are also short- and long -term capacity deficiencies with the growing travel demand along these corridors. Both Highway 101 and CSAH 61 are currently experiencing peak hour traffic delays as the traffic volumes are approaching or exceeding the capacities of these two -lane roadways 1.1.3 Wetland Impacts The project will impacts a total of 4.96 acres of wetland. This consists of 0.21 acres for the new 101 crossing, and 3.76 acres of fill, 0.52 acres of excavation, and 0.47 acres for Bluff Creek realignment for the new round about and improvements to TH61. Of these impacts, 3,593 sf (0.08 acre) are uniquely associated with a pedestrian trail. Trail impacts are minimal, as they occur within the areas of proposed soils correction. 1.1.4 Wetland Creation Construction of the new bridge will allow for the removal of the existing causeway (fill material) from the Minnesota River 100 -year floodplain area. The removal of the existing Highway 101 causeway across the Minnesota River floodplain area will have a positive effect by allowing restoration of natural wetland/floodplain habitat to re- CARVR 119938 Page 1 establish. Approximately 427,983 fie (9.82 acres) are anticipated to re- establish natural wetland/floodplain habitat through the removal of the exiting causeway. The removal of the causeway cannot be used as part of the replacement plan, as it will be part of the roadway right -of -way, and it is not feasible or prudent to place that area under the required conservation easements. The restoration of this area is a significant ecological improvement, and it is requested that it be considered in the overall decision making 1.1.5 Wetland Mitigation — Roadway Safety Improvements Wetland mitigation for this project is proposed through the Board of Water and Soil Resources (BWSR) as this project is a safety improvement. THIN has been subject to frequent flooding and road closures. TH61 has had numerous accidents due to the placement if multiple intersections in close proximity, and traffic volumes that exceed the design requirements. Replacement of multiple intersections provides a safety improvement, and will secondarily achieve improved traffic movement. Wetland impacts associated with the roadway, bridge construction, storm water ponds, and relocation of Bluff Creek are 4.88 acres. It is proposed to utilize the BWSR roadway program, which would withdraw 9.76 acres to meet a 2:1 replacement ratio. 1.1.6 Wetland Mitigation — Trail Impacts The proposed pedestrian trail will impact 0.08 acre of wetland. The trail is not a safety improvement, and cannot utilize the BWSR roadway program. It is proposed to withdraw 0.16 acres of wetland credit from the German Settlement bank, which is within the same Bank Service Area, and therefore allows for replacement at a 2:1 ratio. 2.0 Introduction This wetland permit application has been prepared to describe the proposed construction of a new four -lane bridge spanning the Minnesota River floodplain area between the existing Trunk Highway 101 Minnesota River Bridge in Shakopee, Minnesota and County State Aid Highway (CSAH) 6I/Flying Cloud Drive in Chanhassen, Minnesota. For safety improvements, the Hwy 101/ County Hwy 61 "wye" intersection will be reconstructed as a roundabout to accommodate the new Hwy 101 bridge. A pedestrian/bicycle trail will also be constructed along the north side of CSAH 61. The demonstration of wetland impact avoidance and minimization in this application follows the sequencing process of the Minnesota Wetland Conservation Act (WCA) of 1991 and the federal Clean Water Act. These procedures require that projects that may result in the draining or filling of wetland habitat should demonstrate avoidance and minimization of such impacts. Wetland impacts that cannot be feasibly avoided or minimized must be replaced by compensatory mitigation. The proposed project will result in permanent impacts to wetland habitat for the construction of the interchange at the Hwy 101/ County Hwy 61 and the construction of the new four -lane bridge This permit application is requesting: 1. Letter of Permission under Section 404 of the Clean Water Act, as administered by the United States Army Corps of Engineers (USACE) Wetland Permit Application CARVR 119938 Carver County Page 2 2. Water Quality Certification under Section 401 of the Clean Water Act, as administered by the Minnesota Pollution Control Agency (MPCA) — Waived for LOP projects. 3. Minnesota Department of Natural Resources (MNDNR) Public Waters Works Permit 4. Approval of a wetland replacement plan under the Minnesota Wetland Conservation Act (WCA) An Environmental Assessment was completed, and was administered by the Federal Highway Administration (FHA). A Finding of No Significant Impact (FONSI) was issued by the FHA in September 2013. The following information will discuss the project purpose and need, sequencing, impacts, and proposed mitigation for the permanent and temporary loss of wetland functions and values. 2.1 Contact Information The following is a summary of the contacts for this project. Table 1: Summary of Project Proposer, Agent, and Contact Information Proposer: Carver County Agent Short Elliott Hendrickson Contact Lyndon Robjent, P.E. Contact Rebecca Beduhn Person Person Public Works Director/ Title Title Wetland Biologist County Engineer Address 11360 Highway 212, Suite 1 Address 3535 Vadnais Center Dr. City, state, Cologne, MN 55322 City, state, St. Paul, MN 55110 ZIP ZIP Phone (952) 466 -5200 Phone 651 -490 -2146 Fax (952) 466 -5223 Fax 651- 490 -2150 E -mail Irobjent @co.carver.mn.us E -mail rbeduhn @sehinc.com 2.2 Project Location The project site is located in the eastern 'i /2 of Section 35 and the western V2 of Section 36 in Township 116 North, Range 23 West in Cities of Chanhassen and Shakopee, Carver County, MN, and the northern V2 of Section I in Township 115 North, Range 23 West in Shakopee, Scott County, MN as shown on Figure 1, and summarized in Table 2. The area of investigation is approximately a 1 mile along TH 101 at the intersections of TH101 and CSAH 61. The project area is detailed in Figure 2, and summarized below. Wetland Permit Application CARVR 119938 Carver County Page 3 Table 2: Summary of Project Location County City Township Range Sections Carver County Scott County City of Chanhassen City of Shakopee T116N T115N R23W R23W 35 and 36 1 The current land use adjacent to the project is a mix of open space (U.S. Fish and Wildlife Service Minnesota River Valley National Wildlife Refuge and the Minnesota Department of Natural Resources Raguet Wildlife Management Area, low density residential, light industrial and commercial developments. 3.0 Purpose and Need The purpose of the project is to ensure Highway 101 and CSAH 61 remain open to traffic during 100 -year flood events, while also ensuring the transportation improvements do not cause an increase in the 100 -year floodplain elevation. The project purpose also includes improving safety and mobility throughout the project area by reducing intersections and adding capacity to both Highway 101 and CSAH 61 (Flying Cloud Drive). 4.0 Project Description 4.1 Highway 101 Bridge Replacement The new bridge across the Minnesota River floodplain area, particularly over Public Waters 10-221W and 27 -132P (Rice Lake), is proposed to be constructed immediately southwest of the existing roadway, which is built upon an elevated causeway. The bridge will be approximately 4,226 -feet long and 78.5 -feet wide, and be composed of 41 bridge sections, spaced every 105 feet. Forty piers and two abutments will be needed to support the bridge sections. Thirty seven of these will be within all or partially within wetland, and will consist of between 8and 11 bent piles with a concrete cap to support the bridge sections. Some of the bent pile are within upland at the bridge ends, or contain some bent pile within the existing causeway. In total, there are 374 bent piles proposed to be within wetland, and each has been estimated to have 25 square feet of wetland impact. The new four -lane bridge will accommodate two 12 -foot driving lanes in each direction with 8 -foot outside shoulders. The new bridge will elevate the roadway approximately 3 feet to 22 feet above the existing roadway, which will raise the roadway above of the 100 -year flood elevation and consequently minimize road closures from flooding without increasing the 100 -year flood elevation. It is anticipated that pile driving and pier placement construction would begin during summer of 2014. Construction of the new bridge will allow for the removal of the existing causeway (fill material) from the Minnesota River 100 -year floodplain area. The causeway will be removed to the elevation of approximately 700 feet above mean sea level (1929 NGVD), approximately 11 -14 feet below the elevation of the existing roadway surface. This will reduce the frequency and duration of roadway closures and restore natural flows to the river under high water /flood conditions. Upon removal, some of the old Highway 101 roadway material may be placed on a commercial property (Golf Wetland Permit Application CARVR 119938 Carver County Page 4 Zone driving range) located along CSAH 61, but outside of wetland. Any material removed off site will also be disposed of in an upland location. 4.2 CSAH 61 Improvements Roadway and intersection safety improvements are proposed along Carver CSAH 61 (Flying Cloud Drive). The CSAH 61 /Flying Cloud Drive roadway improvements include adding a four -lane roadway section between the Highway 101 "Wye" intersection on the east and Bluff Creek Road on the west. Two new roundabout intersections are proposed at the Highway 101 "Wye" and Bluff Creek Drive intersections, which will replace the current lighted intersections. The roundabouts contain dedicated lanes for traffic that os passing through, and that is turning, to reduce the amount of shared time with vehicles within the roundabout. The CSAH 61/Flying Cloud Drive improvements will maintain a traffic signal at the Highway 101 (American Boulevard)/Flying Cloud Drive intersection. Muck soils are abundant in the project area, and soils corrections are required. These corrections have expanded the project limits beyond what would be required for construction in more stable soil types. 4.3 Bluff Creek Realignment Bluff Creek currently passes under CSAH 61 (Flying Cloud Drive) and Highway 101 via twin box culverts. The proposed project includes replacement of the twin box culverts under CSAH 61 (Flying Cloud Drive) and removal of four culverts under Highway 101. These will be replaced with new bridge on CSAH 61, and by spanning Bluff Creek with a bridge under Highway 101. In order to accommodate the new roundabout, and align the creek to by crossed with the new 101 bridge, the creek channel is proposed to be modified. He total length of Bluff Creek is proposed to be extended from the current length of 421 linear feet between the box culverts on CSAH 61 to the culverts under Highway 101, to a new channel length of 529 linear feet. The realigned section of Bluff Creek will benefit from replacing culverts with bridges, will be longer in total length, and will have more meanders than it currently does. 4.4 Pedestrian Trail The project also features pedestrian/bicycle trail improvements including a 10 -foot off -road trail located on the southwest side of the proposed river /floodplain bridge. The trail corridor is proposed to cross under CSAH 61 (Flying Cloud Drive) in a shared bridge crossing with Bluff Creek. In addition, an 8 -foot off -road trail will extend east along the north side of CSAH 61 (Flying Cloud Drive) to the eastern project termini, which will connect to a future trail corridor in Hennepin County. The proposed off -road trail will also extend west to Bluff Creek Drive where the trail will run along the shoulder of Bluff Creek Drive until it connects with the Minnesota River Valley LRT Trail, located approximately 0.25 miles north of CSAH 61 (Flying Cloud Drive). The trail will result in some wetland impacts on the north side of the 61/101 roundabout. Total impacts unique to the trail are 3,593 square feet. This is a small number because the majority of the trail is located within areas that have had soils correction for the roadway, and are already quantified within the roadway impacts. Wetland Permit Application CARVR 119938 Carver County Page 5 The bridge crossing on CSAH 61 over bluff Creek will accommodate the trail and have no additional impacts. 4.5 Storm Water Treatment 4.6 4.7 Four drainage and water quality features are proposed within the project area to collect, convey, and/or treat surface water runoff. These features include drainage ditches, grass swales, infiltration ponds, and wet detention ponds. These features are being designed to meet local and state water quality standards. The west pond has been placed primarily within an area of upland, but will require excavation of wetland in order to get the required amount of treatment. The northeast pond, which is associated with the roundabout, has the greatest wetland impact, but is also providing the majority of treatment, and is utilizing the existing park and ride lot to reduce wetland impacts. The remaining storm water features (bridge pond and south pond) are placed entirely within upland, and will have no impacts. Project Costs Estimated Total Project Cost - $60,300,000 (includes construction, right -of -way, and engineering). No federal funds are proposed for use on this project. Project Funding MnDOT Flood Mitigation Program: Local Road Improvement Program (LRIP): MnDOT Construction Engineering County Tumback Funds: Carver County: Scott County: City of Chanhassen: TOTAL Existing Conditions $20,000,000 $9,000,000 $8,200,000 $12,400,000 $7,500,000 $2,300,000 $900,000 $60,300,000 Currently, TH 101 is a 2 -lane undivided highway over the Minnesota River and up to CSAH 18 (Lyman Boulevard). The south end of TH 101 over the river ends at the intersection of Scott CR 69 /CR 101. The north side of the river crossing ends at Flying Cloud Drive through a "wye" intersection, which diverts traffic into eastbound and westbound directions through two controlled intersections. The designated TH 101 jogs westerly on Flying Cloud before TH 101 continues up the bluff into Chanhassen. CSAH 61 (Flying Cloud Drive) is a 2 -lane undivided roadway in the study area with turn lanes at four signalized intersections. The existing road runs westerly from the project area through downtown Chaska and easterly through Eden Prairie before ending at US 212. The current configuration of the interchange with CSAH 61 and Highway 101 is divided into a "wye ", which diverts east and west bound traffic to two intersections. This increases the opportunities for accidents, and poorly manages the existing levels of traffic volumes on these roadways. Wetland Permit Application CARVR 119938 Carver County Page 6 4.7.1 Safety Currently, the project area contains six (6) separate intersections. The signaled intersection at 101 and 61, where 101 turns north into Chanhassen as Great Plaines Blvd, will be reconstructed to have two thro lanes and dedicated tam lanes. The two intersections with east and west bound CSAH 61 and Highway 101 will be replaced by a single roundabout. The unsignaled intersection of Bluff Creek Dr. and Flying Cloud Dr. will be replaced with a single -land roundabout. Roundabouts were selected for the intersection because roundabouts are safer than traffic signals and stop signs for both motor vehicles and pedestrians. Crash data from January 1', 2009 through December 31', 2012 were obtained from MnDOT's Minnesota Crash Mapping Analysis Tool (MnCMAT). A total of 38 crashes occurred in this time frame, none of which were fatal. According to MnDOT, installation of a roundabout will reduce crashes by approximately a 39 percent. This is due to slower speeds, and the angle of collision impact. 4.7.2 Flood Events The Highway 101 Minnesota River crossing serves as an important component of the state and regional transportation system by providing an essential traffic link across the river for three counties; Carver, Hennepin and Scott Counties, as well as the surrounding cities. The Highway 101 Minnesota River crossing is located below the 100 -year flood elevation of the river. Typically when there is flooding in the Minnesota River Valley both Highway 101 and nearby TH 41 are forced to close. The remaining open river crossings are US Highway 169 and TH 25, located nearly 25 miles apart. During these seasonal flood events, the detoured traffic adds a tremendous strain on the area's regional transportation system when Highway 101 and TH 41 river crossings are closed. Three major flooding events between the spring of 2010 and the spring of 2011 closed both the Highway 101 and Highway 41 river crossings for several weeks, which prompted MnDOT to complete the Minnesota River Flood Mitigation Study in September 2011. The Minnesota River Flood Mitigation Study calculated the daily combined cost of both highway closures by applying the value of additional time and miles traveled using the Metropolitan Council's 2030 Regional Travel Demand Model. The resulting cost was $670,000 per day in the year 2009, and is forecasted to be $1,670,000 per day in year 2030. Using the study results, MnDOT was successful in securing Flood Mitigation funding for the Highway 101 crossing of the Minnesota River floodplain area. Table 3: Days Highway 101 Crossing Was Closed During Flood Events (1965 -2011) Flooding Spring 2011 Days Closed 43 Fall 2010 16 Spring 2010 27 Spring 2001 29 Spring 1997 18 Wetland Permit Application CARVR 119938 Carver County Page 7 Summer 1993 27 Spring 1969 17 Spring 1965 15 Table Note: Data extracted from the 2010 Minnesota River Flood Mitigation Study. The study noted data from the following: Data for 2010 and 2011 was provided by MnDOT. Data for 1993, 1997 and 2001 were obtained from the Trunk Highway 41 Draft Environmental Impact Statement Data for 1965 -1969 were estimates from historic hydrograph plots and assuming the road is closed for three days beyond the date when the water level dropped below the closure elevation to conduct maintenance and restoration work. Highway 101 currently closes when flood waters reach an elevation of approximately two feet below the low road elevation at the crossing, which requires closure at 709.4 feet. Table 1 below shows the surface elevations for the 10 -year, 50 -year, 100 -year and 500 -year flood events. As shown in the table, even a 10 -year flood event can require closure of Highway 101. Exhibit I on the following page was taken from the Minnesota River Flood Mitigation Study. The exhibit illustrates Minnesota River flood events and the corresponding water elevations in relation to the current closure elevation set by MnDOT. Table 4: Existing TH 101 Flood Elevations, and associated Graph Showing the Frequency of Overtopping Events. Hydraulic Event 10 -Year Flood Water Surface Elevation (ft, NGVD 29) 712.0 50 -Year Flood 718.4 100 -Year Flood 720.7 500 -Year Flood 726.0 4.7.3 Construction Methods The proposed project is anticipated to be constructed over two construction seasons (summer 2014 through fall 2015). Maintaining travel during construction is proposed to the extent practical. Temporary closures will be required for the various roadways in the study area as certain stages of the project improvements are being constructed. A preliminary construction staging plan has been developed that allows traffic across the Minnesota River floodplain area throughout the duration of construction. Traffic would continue to use the existing roadway while the new four -lane bridge is constructed immediately west of the existing roadway. The causeway (existing land bridge) will be removed to the elevation of approximately 700 feet above mean sea Wetland Permit Application CARVR 119938 Carver County Page 8 level, which is approximately 11 -14 feet below the elevation of the existing road surface. The proposed improvements along Carver County Road 61 /Flying Cloud Drive and the Highway 1010 Bridge will be staged in order to maintain traffic during construction to the greatest extent possible. Due to poor /muck soils found under the existing road, the reconstruction of County Road 61 will require the removal of these poor soils and replacement with a select granular sub -base material. The depth of excavation for purposes of correcting the soil material ranges from only a few feet to over twenty feet. The anticipated construction technique for the bridge across the floodplain area will consist of placing prefabricated beams on already constructed piers and abutments. Once the beams are placed, then the remaining operations of forming and pouring the bridge deck curb and gutter, and barriers can be completed. The portion of the project that consists of constructing new roadway will consist of placing and compacting material for new roadway and embankments. It is anticipated that the material excavated on the project will be re -used for overlay, aggregate or embankment purposes where appropriate and in accordance with best management practices established in MnDOT's Standard Specifications for Construction. 4.7.4 Mobility The 2010 Average Annual Daily Traffic (AADT) along the Highway 101 crossing and Trunk Highway 41 crossing was approximately 19,000 and 17,000 respectively. Traffic operations data indicates that two -lane roadways begin to experience noticeable problems once they exceed 10,500 — 12,000 vehicles per day. Design standards suggest that 4-lane roadways would be required based on existing traffic counts. 5.0 Wetlands 5.1.1 Wetland Delineations Prior to visiting the project area, resources were consulted to map potential wetlands (Level 1 Delineation). Resources used to estimate wetlands for the Level I Delineations include: National Wetlands Inventory (NWI) mapping, DNR Public Water Inventory (PWI) mapping, County Soil Survey mapping, DNR Minnesota Land Cover Classification System (MLCCS) mapping, Floodplain Mapping, USGS Topographic Mapping, MnDOT Video Road Log, and Current and Historical Aerial Photography. These sources identify wetland areas that were investigated in greater detail during the field delineation. A field visit was conducted to verify all level 1 delineations on the MnDOT and Carver County Right -of -Way. The project site was examined conducted in August 2012, and June of 2013 for areas meeting the technical wetland criteria in accordance with the U.S. Army Corps of Engineers Wetland Delineation Manual (USACE 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (USACE 2010). Wetland Permit Application CARVR 119938 Carver County Page 9 5.2 Results Thirteen (23) wetlands were delineated within the project site by MnDOT and SEH as reported in the wetland delineation report, and as summarized in Table 1. These wetlands delineated by MnDOT are labeled with a "D" prefix, while those completed by SEH start with an "S." More detailed information on the wetland delineation is available in the Wetland Delineation Report. Table 5: Wetland Characteristics Basin ID Cowardin Classification Circular 39 Classification Eggers & Reed Classification S1 PEMB Type2 Fresh (wet) Meadow S2 PEMB/PEMA Type2/ Type 6 Fresh (wet) Meadow/ Floodplain Forest S3 PEMC Type 3 Shallow Marsh S4 PEMB Type 3 Shallow Marsh associated with Bluff Creek S5 PEMB Type2 Fresh (wet) Meadow S6 I PEMC Type 3 Shallow Marsh S7 PEMB Type2 Fresh (wet) Meadow S8 PEMC Type 3 Shallow Marsh S9 PEMB Type2 Fresh (wet) Meadow S10 PEMB Type2 Fresh (wet) Meadow Dl PEMB Type2 Fresh (wet) Meadow D2 PFOIA Type 1L Floodplain Forest D3 PUBH Type 5 Shallow Open Water D4 PEW Type 4 Deep Marsh D5 PUBH Type 5 Shallow Open Water D6 PSS1A Type 6 Shrub Swamp D7 PEMB Type 2 Sedge Meadow D8 PEMC Type 3 Shallow Marsh D9 PFOIA Type 1L Floodplain Forest D10 PEMC Type 3 Shallow Marsh Dll PFOIA Type 1L Floodplain Forest D12 PEMC Type 3 Shallow Marsh D13 PEMC Type 3 Shallow Marsh 5.2.1 Bluff Creek Bluff Creek is located within the project area, and flows from north to south along Wetland S4, and the west side of Wetland S7. North of CSAH 61 Bluff Creek is composed of a defined channel, with gabion walls on the west bank. The channel north of the project area is located through a heavily wooded area with a closed canopy. The channel bottom is composed of cobble and gravel. Bluff Creek passes through a two - barrel box culverts, of which the eastern barrel is buried with sand and is vegetated and is no longer used to convey flows outside of flood conditions. South of CSAH 61 the channel is more natural with riffles and pools and gentle meanders. Wetland Permit Application CARVR 119938 Carver County Page 10 Bluff Creek passes through additional culverts under the eastern lane of Highway 101 and into the Minnesota River floodplain, where it has scoured and has regular maintenance concerns. 5.2.2 Minnesota River F000dplain The Highway 101 crossing goes through extensive wetlands and floodplain associated with the Minnesota River. This includes areas of shallow marsh, shallow open water, wet meadow, and wooded floodplain. For the project area, the wetland is along the toe of slope of the existing causeway crossing. A few areas have wider cross sections, but the causeway is entirely composed of fill material. 6.0 Sequencing 6.1 Project Alternatives, Avoidance, and Minimization Within the project purpose and need, design alternatives that would avoid and minimize impacts were considered. Minimizing wetland impacts for the project remains difficult due to the location of the wetlands adjacent to the roadways. Design measures such as changes to the roadway profile, steeper slopes and minimized clear zones have been implemented to help reduce the impact to the wetland. Several alternatives were investigated (Appendix D- TH 101 "Wye" Feasibility Study). These alternatives were primarily disregarded due to engineering issues, as the majority of them impacted approximately the same amount of wetland. 6.1.1 No -build Alternative The No -Build Alternate would involve no improvements being made and retains the existing configuration of intersections within the project area. The No -Build Alternate does not preclude ongoing maintenance work. The No -Build Alternate provides the basis of comparison, or benchmark, for the Build Alternative and includes the impacts associated with doing nothing. The No -Build Alternative was not identified as the preferred alternative because it fails to address the project purpose and need or satisfied the project goals and objectives listed above. 6.1.2 CSAH 61 Alternative 1— Design and Location Alternatives Preliminary plans included the relocation of CSAH 61 to the north of the existing alignment. This alternative would provides over 1,100 linear feet between the new intersection and the TH 101 North intersection. This alternative would meet future traffic demand, but included a need to grade into the bluff. These plans required raising the elevation of the TH 101 north intersection approximately 8 feet. Alternative 1 would have added acres of impacts to Wetlands S3, S4, S5/6 and D13, and would reduce impacts to Wetland 1. Impacts associated with the roundabout would be unchanged, as the route would continue to go through Wetland D11. Alternative locations of the roundabout were also considered, but any adjustment from the proposed location would result in additional impacts to wetlands D6 and D9 (Minnesota River, as opposed to depressional wetland). The loss of wetland DI1 is the greatest impact on the project, but the adjustment to Knowing that impacts to Wetland D l l were unavoidable, it was determined to concentrate the impacts to one Wetland Permit Application CARVR 119938 Carver County Page 11 area, and reduce the overall quantity of impacts to other, potentially higher quality, wetlands. Roundabouts have a larger footprint than traditional intersections, and because of this, a smaller footprint alternative was considered. Because of the location of the intersection in the middle of wetland Dl 1, a traditional intersection would not reduce impacts. This is in part due the extensive amount of souls correction involved, which expands the construction limits past what would be considered discharge for the roadway. Because of these factors, the roundabout was selected as it provided the greatest safety improvement, and does not diminish the wetland impacts. The alternatives of locating CSAH 61 further north, siting he roundabout in a different location, and using a traditional intersection were all dismissed, as they all had greater or no decrease in wetland impacts, required additional right of way, or had greater cost. 6.1.3 Highway 101 Alternative 2 — Design and Location Alternatives Highway 101 was considered for multiple construction and alignment alternatives. Analysis of raising the causeway to a higher elevation was considered but quickly dismissed, as it would have extensive wetland impacts, and would have caused an increase in flood elevations. No quantify of impacts were calculated for this alternative, but have been estimated to exceed 25 acres of wetland fill. Alternative alignments to Highway 101 were also considered, but ultimately the alignment that follows as close to existing would have the least amount of impact. Construction alternatives were considered, and provided the greatest opportunity to avoid and minimize wetland impacts. The original plans for the bridge construction proposed to set the piers into constructed riprap islands. These islands would protect the piers from scour and debris, but would have a considerable footprint of discharge into wetland. Impacts from the island piers would have added between Sand 6 acres of wetland impacts. The decision to go with unprotected bent piles, eliminate the riprap, and reduced impacts to the Minnesota River floodplain to only 9,350 s£ 6.1.4 Alternative 3 — Preferred Alternative The Preferred Alternative includes plans for a new bridge across the Minnesota River to replace the existing Highway 101 causeway. Construction of the new bridge will allow for the removal of the existing causeway (fill material) from the Minnesota River 100 -year floodplain area The new bridge will elevate the roadway approximately 3 feet to 22 feet above the existing roadway, which will raise the roadway above of the 100 -year flood elevation and consequently minimize road closures from flooding without increasing the 100 -year flood elevation. The use of unprotected bent piers significantly reduced impacts for the bridge portion of the project. The removal of the causeway is also a major environmental improvement by restoring the wetland, and reconnecting areas of Minnesota River floodplain. The CSAH 61 /Flying Cloud Drive roadway improvements include adding safety through two new roundabout intersections at the Highway 101 "Wye" and Bluff Creek Drive intersections. The existing high traffic volumes are also addressed by adding a four -lane roadway section between the Highway 101 "Wye" intersection on the east and Bluff Creek Road on the west. In addition, the CSAH 61/Flying Cloud Drive Wetland Permit Application CARVR 119938 Carver County Page 12 improvements include a traffic signal at the Highway 101 (American Boulevard)/Flying Cloud Drive intersection. 6.1.5 Summary of avoidance and minimization Wetland impact avoidance and minimization has successfully been achieved with this project. When the project was initially designed, before the design could be refined, the impacts were estimated to be approximately 11.5 acres of lost wetland. By locating CSAH 61 closer to the existing alignment, and reducing the extent of soils corrections needed, the impact were reduced to approximately 7.5acres. The use of bent pile piers for the new bridge further reduced impacts to the current 4.96 acres. Ir total, impacts have been reduced by more than 50% through design refinements. 7.0 Wetland Impacts The proposed project will result in the permanent loss of wetland habitat. Wetland impacts will result from the direct placement of fill material into wetland habitat, and convert the area into non - wetland. Additional impacts are the result of excavation to incorporate those areas into storm water treatment features. In addition to wetland, the project'proposes to realign Bluff Creek, which is a MNDNR Public Water. The construction of the new Highway 101 bridge will also impact Public Water, consisting of Minnesota River backwater and floodplain areas. Wetland impacts are summarized in Table 6. Table 6 Wetland Impacts Basin ID Cowardin Classification Circular 39 Classification Eggers & Reed Classification Impact Type Wetland Impacts acres SI PEMB Type 2 Fresh (wet) Meadow Fill 0.44 Sl PEMB Type 2 Fresh (wet) Meadow Excavation 0.05 S2 PEMB Type 2 Fresh (wet) Meadow Fill 0.44 S3 PEMC Type 3 Shallow Marsh Fill 0.21 S5 /S6 PEMB Type 2 Fresh (wet) Meadow Fill 0.66 S8 PEMC Type 3 Shallow Marsh Fill 0.01 S8 PEMC Type 3 Shallow Marsh Excavation 0.01 D l l PEMB/PEMC Type 2/3 Fresh (wet) Meadow, Shallow Marsh Fill 1.99 Dl l PEMB Type 2 Fresh (wet) Meadow Excavation 1 0.47 Bluff Creek 11 PEMB I Type 2 Fresh (wet) Meadow Realignment 0.47 Minnesota River Crossin PEMC Type 3 Shallow Marsh Bent Piers 011 Total Impacts 4.96 acres 7.1 Bluff Creek Impacts As part of the proposed action, the culverts under CSAH 61 and under TH 101 will be removed and replaced with bridges. A new 36'x 101' bridge is proposed to be constructed along CSAH 61 /Flying Cloud Drive to allow Bluff Creek and a new pedestrian trail to pass under the roadway. Construction of the proposed project requires the removal of unsuitable organic material below the proposed roadway. The Wetland Permit Application CARVR 119938 Carver County Page 13 removal extents of this project combined with the roadway footprint for the proposed project result in the channel being impacted in its entirety. The creek channel is also proposed to be relocated as part of the proposed roundabout intersection design. Nearly 500 linear feet of the creek, located between CSAH 61 and Highway 101 will be realigned as part of the project. The future channel will be approximately 100 feet longer, and has been designed to meander to provide additional habitat for wildlife and eliminate the current steep (2.3% slope) and incorporate a natural channel bottom. The river banks of the realigned Bluff Creek will be graded to allow for natural vegetation. The proposed stream design will no decrease the length of the existing channel. Benefits of the creek realignment include reestablishing a natural flow which has been obstructed from the existing culverts. The resulting design will decrease overall flow velocities at the roadway crossing. This will allow a more appropriate velocity for fish passage. The stream bed and banks will be seeded using native vegetation mixes. 7.2 Pedestrian Trail Impacts The project includes the construction of a trail, which will connect with existing regional trail systems. The trail is located on the north side of CSAH 61, and will share the bridge crossing of Bluff Creek. The trail will have wetland impacts of 0.08 acres. Impacts have been minimized by placing the trail within the area of the construction limits that already has soils correction, which has already been considered an impact for the roadway. 7.1 Wetland Re- establishment Construction of the new bridge will allow for the removal of the existing causeway (fill material) from the Minnesota River 100 -year floodplain area. The removal of the existing Highway 101 causeway across the Minnesota River floodplain area will have a positive effect by allowing restoration of natural wetland/floodplain habitat to re- establish. Approximately 427,983 ftr (9.82 acres) are anticipated to re- establish natural wetland/floodplain habitat through the removal of the exiting causeway. This cannot be claimed as mitigation, but is a substantial environmental benefit. 8.0 Wetland Replacement Plan Wetland replacement is proposed through the BWSR road program and Wetland Banking. The replacement plan for the Southwest Reconnection Project is summarized in Table 7. Descriptions of the plan are found in the following paragraphs. Table 7 Summary of Wetland Replacement Plan by Bank Site Impact Source Mitigation Source Wetland Wetland Mitigation Impacts acres acres at 2:1 ratio Roadway, bridge. and BWSR Road Bank 4.88 9.76 storm water ponds Pedestrian trail German Settlement 0.08 0.16 Bank #1175 Totals 4.96 9.92 Wetland Permit Application CARVR 119938 Carver County Page 14 8.1.1 BWSR Road Program The reconstruction of the Highway 61/101 Flood Mitigation project has been proposed as a safety improvement. In addition to flood mitigation, the roadway and intersection improvements along Carver County Road 6I/Flying Cloud Drive will improve safety and capacity based on existing traffic volumes. On the basis that the project is proposed primarily for safety improvements, and the project is being led by a local road authority (Carver County), it is proposed to complete the compensatory mitigation requirements through the Board of Water and Soil Resources road safety program. The road components of the project propose to impact a total of 4.88 acres of wetland habitat. This includes areas of both fill and excavation, and includes area of Public Waters. It is proposed to provide mitigation at a 2:1 ratio, which would require the withdrawal of 9.76 acres of wetland from the BWSR road program. It is requested that BWSR identify the bank to be uses as part of this project review. 8.1.2 Wetland Banking Additional impacts are anticipated due to the proposed pedestrian trail. These impacts cannot be mitigated using the BWSR road bank and thus a mitigation plan is outlined below. Unavoidable impacts to wetlands will be replaced in accordance with the rules and requirements of the USACE and the Minnesota WCA. The preferred method of wetland replacement is by purchasing credits from an approved wetland bank. The USACE rules require a base replacement ratio of 2.5:1 in Carver County for wetland impacts, with incentives to reduce that ratio to a minimum of 2:1. Incentives are offered if the wetland mitigation is provided "in kind," with wetland replacement being the same type as that impacted; "in place," in the same wetland bank service area; and "in advance," or prior to the impacts from the proposed action. In Carver County, the replacement ratio begins at 2.5:1 and decreases incrementally by 0.25:1 for each of the three incentives that are met with a minimum ratio of 2:1. In wetland banking situations, the "in advance" requirement is met if the wetland credits are purchased from an approved wetland bank. WCA requirements stipulate a standard wetland replacement ratio of 2.5:1 for impacts in a <50% area, 50 -80% area, or non - agricultural land that are replaced outside the BSA or County and a standard ratio of 2:1 when those impacts are replaced within the same BSA or County. SEH contacted several banks located in BSA 99 from the BWSR Available Wetland Bank Credits Database. Wetland credits from the Scott County wetland bank, German Settlement (No. 1175) will be used for compensatory mitigation. Bank 1175 is located within is within BSA #9 and major watershed 433- Minnesota (Shakopee), and has sufficient credits available. A replacement ratio of 2:1 will be applied for both the USACE and for the WCA. The proposed replacement via wetland banking is considered "in advance" and "in place" Wetland Permit Application CARVR 119938 Carver County Page 15 and qualifies for both of these two 0.25:1 reduction incentives under USACE Mitigation Policy. The proposed wetland bank is within the same BSA as the impacts, there therefore the required replacement under the WCA is also 2:1. To mitigate the 0.08 acres (3,593 sf) of wetland impact associated with the Proposed Action, a total of 0.16 acres (7187 sf) of wetland credit will be withdrawn from bank site No. 1175, 9.0 Permitting and Regulatory Jurisdiction Wetlands in the project area are regulated by several agencies at the local, regional, state, and federal levels including the USACE and the EPA at the federal level; the Minnesota Board of Water and Soil Resources (BWSR), Minnesota Department of Natural Resources, and the Minnesota Pollution Control Agency (MPCA) at the state level; the Carver County Soil and Water Conservation District at the regional level; and Carver County at the local level. The City of Chanhassen has accepted the responsibility for the administration of the Minnesota Wetland Conservation Act (WCA) of 1991, on the basis that the majority of impacts are within the city limits. Specific permit actions are described below. 9.1 U.S. Army Corps of Engineers All of the wetlands in the project area are under the jurisdiction of the U.S. Army Corps of Engineers, and a Preliminary Jurisdictional Determination would be accepted. This permit application is a request for a Letter of Permission, and acceptance of the use of the BWSR bank for wetland replacement related to the roadway safety improvements. It is requested that the use of the German Settlement Bank be allowed for impacts associated with the pedestrian trail. Mitigation is proposed at a 2:1 ratio for all aspects of the project. All of the 4.96 acres of impacts are regulated by the USACE. It is requested that 401 Water Quality Certification be completed in conjunction with this review, and that waiver of LOP projects be considered. In anticipation of this, a copy of this application has not been provided to the Minnesota Pollution Control Agency. 9.2 Wetland Conservation Act — City of Chanhassen The City of Chanhassen is responsible for administration of the WCA in the project area. The project is eligible for Replacement Plan Approval under the Minnesota Wetland Conservation Act for impacts to wetland within the project area. Of the 4.96 acres of impacts, the WCA only regulates those that are not also MNDNR Public Waters. The impacts to Bluff Creek (0.47 acres) and the Minnesota River (0.21 acres) are not under the jurisdiction of the WCA. Therefore, the impacts under the WCA are 4.28 acres. This permit application is a request for Replacement Plan Approval under the rules of the Minnesota Wetland Conservation Act of 1991. A copy of the Minnesota Local/State/Federal Application Form for Water/Wetland Projects is included at the beginning of this document. Wetland Permit Application CARVR 119938 Carver County Page 16 Compensatory mitigation for wetland impacts is proposed through withdrawal of 9.76 acres of credits from the BWSR transportation bank and 0.16 acres from wetland bank No. 1175. The request for replacement exceeds the WCA requirements, as it includes mitigation for lost areas of Public Water. This is consistent for the BWSR to provide mitigation for all impacts related to a project, not just those under the jurisdiction of the WCA. 9.3 Minnesota Department of Natural Resources The MNDNR is responsible for all public waters and public waters wetlands in the project area. This permit application describes project activities with Bluff Creek (realignment) and the Minnesota River (bent piers for new bridge). An existing 421 feet of Bluff Creek, with an area of 0.47 acres, will be relocated to create a new channel. The new channel will be 529 feet, and will also replace two culver crossings with bridges. Although the net area of Bluff Creek will increase, the loss of the existing channel is proposed for replacement via the BWSR road bank. This is consistent with past projects of a similar impact. The placement of bent piles in the Minnesota River floodplain (Public Waters 10- 221 W and 27 -132P, Rice Lake) is also considered an impact, although it is a structural discharge. The area of the bent piles is estimated to be a total of 0.21 acres (9,350 sf),based on an estimate of 374 piles within wetland, and an average area of 25 square feet for each structure. Mitigation is proposed for these impacts, as they are permanent. It is requested that although it is not eligible for use as mitigation, that the restoration of the former causeway, and the addition of 9.82 acres of Public Water Wetland be considered in the overall review of this project. This permit application is a request for permission to work in the bed of Bluff Creek, Public Water 132P, and Public Water Wetland 10 -221W. A copy of the Minnesota Local/State/Federal Application Form for Waters/Wetlands Projects is included at the beginning of this document. An electronic submittal has also been made through MPARS. 10.0 Supplemental Information In addition to the wetland components, the project has been reviewed for a variety of ancillary topics. These are discussed below. 10.1 U.S. Fish and Wildlife and MNDNR Property The large portion of the project area lies adjacent to wildlife management areas; US Fish and Wildlife Service (FWS) MN Valley National Wildlife Refuge and the DNR Raquet Wildlife Management Area (WMA). The portion of the project area that crosses the Minnesota River floodplain as had no previous development except for the construction of Highway 101. The floodplain habitat found adjacent to the highway corridor primarily consists of forested wetlands and grasslands. Along Carver CSAH 61 (Flying Cloud Drive), there are scattered private parcels with recent land disturbances that can be characterized as more rural commercial and residential development Wetland Permit Application CARVR 119938 Carver County Page 17 Construction of the proposed project will be staged such that the project will not occupy either temporarily (during construction) or permanently within the US FWS Minnesota River Valley National Wildlife Refuge property. Since the eastern boundary of the designated Raquet WMA abuts the existing Highway 101 causeway across the Minnesota River floodplain area, a narrow strip of the WMA will be affected by the construction of the new bridge. Furthermore, a small permanent right - of -way will be needed from the MNDNR on a parcel of property owned by the MNDNR near the north end of the proposed bridge. A land transfer between the MNDNR and MnDOT has been previously discussed and since Highway 101 will be turned back to Carver and Scott Counties a local jurisdictional transfer of the roadway and right -of -way is planned to occur 10.2 State Threatened and Endangered Species The Minnesota NHIS has been queried to determine if any rare plant or animal species, native plant communities, or other significant natural features are known to occur within an approximate one -mile radius of the project area. Based on this query, rare features have been documented within the search area. The Minnesota River contains several types of rare species (fish and native mussel species). A restoration of the floodway should ultimately provide aspects for their benefit; precautions should be taken not to cause adverse impact during construction. With appropriate sediment control measures during construction, the MNDNR does not believe the project will negatively affect any known occurrences of rare features. A Scientific and Natural Area (SNA), is located a short distance southwest from the immediate Southwest Reconnection Project study area. The SNA includes a rare calcareous fen (known as the Seminary Fen) with threatened plant species. According to the MNDNR the establishment of a SNA is intended to preserve and perpetuate the ecological diversity of Minnesota's natural heritage, including landforms, fossil remains, plant and animal communities, rare and endangered species, or other biotic features and geological formations, for scientific study and public edification as components of a healthy environment. Continued coordination with the MNDNR and LMRWD will occur to ensure no impacts occur to the Seminary Fen as a result of the proposed improvements. 10.3 Storm Water Treatment In accordance with the requirements of the NPDES permit, the roadway design will include storm water treatment BMPs that will be designed and built to comply with the NPDES Construction Stormwater permit requirements (in effect prior to August 2013), Lower Minnesota River Watershed District ( LMRWD) volume control standards and City of Chanhassen storm water design standards. The project includes two planned filtration basins and two wet detention ponds to treat runoff from the local roadway, bridge and intersection improvements. 10.4 Archeological Resources The proposed project was reviewed for archaeological, historical, and architectural resources. No historic structures eligible for listing on the National Register of Historic Places (NRHP) were identified in the study area. However, Phase I and Phase 2 investigations were completed for several potentially eligible archaeological sites. Background research was conducted at the Minnesota State Historic Preservation Office and Minnesota History Center Library prior to field surveys. Research Wetland Permit Application CARVR 119938 Carver County Page 18 included a review of previously recorded sites, historic plat maps, and historic accounts of Native American sites along the Minnesota River near Shakopee. No sites were recorded in the project area from these sources. Below is a summary of field investigations for four sites that could be impacted by the proposed roadway improvements. Site 21CR154 - This site is a precontact habitation that consists of a sparse amount of lithic debris, fire - cracked rocks, and animal bone. Site activities are inferred to include animal processing, cooking, and lithic reduction. The portion of the site within the existing road right -of -way was evaluated and was recommended not eligible for listing on the NRHP. A small portion of the site was surveyed outside of the road right -of -way, and this portion of the site is recommended for further Phase 2 investigations. In summary, a total of 31 deep auger tests were dug in five and ten - meter intervals at the site, with only seven tests containing artifacts. Artifacts were recovered from 0 to 80 cm below surface. Two (1 x 1 meter) excavation units were also dug, but neither unit contained artifacts. Site 21CR155 - This site is an early Archaic or Late Paleoindian habitation that consists of a moderate amount of lithic debris, stone tools, fire- cracked rocks, and butchered and calcined (burned) animal bone (bison or elk). Site activities are inferred to include animal processing, cooking, lithic reduction, and stone tool production. A total of 42 deep auger tests were dug in five and ten -meter intervals, with30 tests containing artifacts. Seven (I x 1 meter) excavation units were also dug. Artifacts were recovered from 100 to 240 cm below surface, with most recovered from a buried soil between 220 and 240 cm. Lithic materials include Knife River Flint and Hixton Quartzite that derive from western North Dakota and west - central Wisconsin. Radiocarbon dating was performed on the animal bone (bison or elk) and provided a conventional date of 7160 BPm ( +/ -30), with a 2 Sigma Calibration of 8020 to 7940 BP. The evaluation results indicate that the site has the potential to provide important information on the precontact period because of the site's research potential and the well- preserved cultural deposits that have integrity. The site is recommended eligible for listing on the NRHP, and a Phase 3 data recovery is recommended if the site can't be avoided. Site 21CR156 — This site is a precontact habitation that consists of a moderate amount of Late Woodland ceramics, lithic debris, stone tools, and animal bone. Site activities are inferred to include animal processing, cooking, lithic reduction, and stone tool production. A total of 50 deep auger tests were dug in five -meter intervals, with 35 tests containing artifacts. Artifacts were recovered from 20 to 240 cm below surface. Eight (1 x 1 meter) excavation units were also dug. The site contains stratified Late Woodland, Archaic, and Late Paleoindian components. Radiocarbon dating was conducted on calcined/burned turtle bone, which provided a conventional date of 7040 +/- 30 BP, with a 2 Sigma Calibration of 7940 to 7830 BP. The evaluation results indicate that the site has the potential to provide important information on the precontact period because of the site's research potential and the well - preserved cultural deposits that have integrity. The site is recommended eligible for listing on the 'Before Present (BP) years is a time scale used in archaeology, geology, and other scientific disciplines to specify when events in the past occurred. Because the "present' time changes, standard practice is to use 1 January 1950 as the origin of the age scale, reflecting the fact that radiocarbon dating became practicable in the 1950s. Wetland Permit Application CARVR 119938 Carver County Page 19 NRHP. The site will be avoided since it has been determined that the site is located outside the construction limits of the Southwest Reconnection Project. Site 21CR157 - This site is a precontact habitation that consists of lithic debris, fire - cracked rock, and animal bone. Site activities are inferred to include animal processing, cooking, and lithic reduction. The site is buried below modem fill, and three tests contained artifacts from 130 to 300 cm below surface. The site is recommended for further Phase 2 investigations. Since the project will require a US Army Corps of Engineers (USACE) wetland permit, it is following the federal Section 106 process. Carver County has coordinated with USACE and the MnDOT Cultural Resources Unit on the required tribal consultation and will be developing a Memorandum of Agreement (MOA) that will detail the process for mitigating impacted archaeological sites. Wetland Permit Application CARVR 119938 Carver County Page 20 List of Figures Figure 1 — Site Location and Topographic Map Figure 2 — Aerial Photograph (2012) Figure 3 — MNDNR Public Waters Inventory Figure 4 — National Wetlands Inventory Figure 5 — Soil Survey for Carver and Scott Counties Figure 6 — Wetland Impacts Figure 6 -1- Wetland Impacts— West Side CSAH 61 Figure 6 -2 Wetland Impacts — West Side CSAH 61 Figure 6-3 - Wetland Impacts — Highway 101 This Page Left Blank Intentionally This Page Left Blank Intentionally This Page Left Blank Intentionally EXPLANATION Area of Investigation PWI Watercourses PWI Basins NN 0 500 1,0001,500 A O Feet .' T Rice 27 -132 P Unnamed / 10 -221 W i2 • �r ♦ jA.' e der T,, - . PwJed: CARVR 119999 PRRI Dale: 112=14) MNDNR Public Waters Inventory Figure My M,. RMPT TH 101 / CSAH 61 Road Improvements 3 P„ aW UM MOM 15N BOUna.WDGT.BMRnc Carver & Scott Counties, Minnesota eatl L-d M,DNR 2012 ]5]S VRONMS CENTER DR. PAUL, MN JST — "w P FM:R&11)9381000 ,A%:1885 M54!056 SEH ..hft- ww>..,M�,wm .' T Rice 27 -132 P Unnamed / 10 -221 W i2 • �r ♦ jA.' e der T,, - . PwJed: CARVR 119999 PRRI Dale: 112=14) MNDNR Public Waters Inventory Figure My M,. RMPT TH 101 / CSAH 61 Road Improvements 3 P„ aW UM MOM 15N BOUna.WDGT.BMRnc Carver & Scott Counties, Minnesota eatl L-d M,DNR 2012 This Page Lek Blank Intentionally EXPLANATION QArea of Investigation NWI Legend Type 1 - Seasonal j Type 2 - Wet Meadow Type 3 - Shallow Marsh Type 4 - Deep Marsh _ Type 5 - Shallow Open Water — Type 6 - Scrub Shrub N Type 7 - Forested n 0 500 1,000 1,500 N Feet . c PFO1C M m a PSS/FO1C PEMC PEMCd R PFO/„SS�1C �? I _ -122 m PEM PEMC PEMA PF,O' M m a PSS/FO1C PEMC PEMCd R PFO/„SS�1C �? I _ -122 m PEM PEMC PEMA I j 4 � .IY '•. -PEMCd PFp1C PEMA s ,;, �'. ; aP -.. - ,; Rt Lj PUBF.' lu W PEMC,. J U36VADNA180fNT11 DR. STPAUL, 56110 OM Pmjxt CARVR 118938 Print Dab:7/1R12013) National Wetlands Inventory Figure � 'HONE 1, PAa:,eee,aD32,m N "P M:REreP7 P.P.-u NAD M.I. TH 101 / CSAH 61 Road Improvements 4 SEH (soola2s2 '""'"'� ""1`wm ! Carver & Scott Counties, Minnesota awZ n�OD'MnONR]013 mC NMM. kp1Y iamlNm9 iw. nn%m.C.Mb MIMIb bLY uet baw iM. vR .. miPlYlmelbm"Lbbnww W EXOaMMbn rbbn WuM,YM TIIF m9.M lbM uNJ Miabbce WV�. VY/ 8EM O:bnO�nnv1 ".,MGxp„Ok wpvnMEOb lm"PBFMSNM4 �bwrybrm{ sw, k" NaM[ flbuwbYVxYa "aruselEMOwYN.�b��•'�wvnYnEw Pnpa, mY. q. bq "ynbuvaw�,.la,Pnaw<,agbnaprYbi Mtlwdgk4ndpYry.d4 b,wsw ll�sw >Pb This Page left Blank Intentionally EXPLANATION KC2 QArea of Investigation KF SSURGO Hydric Rating I "7i - All hydric —�`` rC Partially hydric As - Unknown (water) N _ Not hydric A 0 500 1,000 1,500 A 2 Feet EB Unit Name .y2 6 to 12 pelceit slopes A aA Alluliat Ianil, 0 to 2 pekes 6 to 12 percent slopes. emtleE I AaB AlEM Iand, 2 to 8 pemen 12 to 18 percent slopes. erode! I A8 AI[I land, liequerit it 18 to 25 percent slopes, ssxled I Dc I Dorchester loam and silt It 25 to a0 oercant al00ee I Did Domheater silty clay loam KFKC2KFKF A Its- KEZ Y PE KL 1c MN ti, "e X T ty 0511 VAONAI9 CENTER OR, ST. PAUL. MR 55110 MORE: )051) 40.2000 Project CARVR 119938 Print Date: 711812013) -� — FAX'. 188010N41M wow: R"" Figure 101152098 P.N. UTM NAO8a 15N 5 EH wxwrpFawm Beurce: NDOT, SEHIm, NRC8 8ncgmunE: MnONR2012 KFKC2KFKF A Its- KEZ Y PE KL 1c MN ti, "e X T ty AaB `•� -� A8A Sofl Survey for Carver and Scott Counties Figure TH 101 1 CSAH 61 Road Improvements 5 Carver & Scott Counties, Minnesota WmbM8Nmn14gI M' r bmPePbn+�1— IRNN.. QNMMw�1MMUB44wmiLlip1uw Clsneubjblbmml.XMlp vpaMP�P�e �NUM1ryenM. m. ,1M1luamlmNMYnaamGtsbnayrrtwb.Fmn mJpleMelpwp�NbaYUnMA u� M� mgtln.imm MXsEX,M1I M1s,CbbmA MvpmbRl,NwoCMlbuwt ��•om�ol N•O VM•J. �z I I I This Page Left Blank Intentionally e.cle P.... "m �".ee M ".+wa..� r...ne.a.vem.� w,w.,w.me...a.`�e � :...•..,�nel.v.aa�e..m. emo�in.�.�l: now+- erww. m�." r:.�e�.:'il...,an "m. >.an�l.ea.. n.�sen e.il.w e.lnnm ..re...w..nen.n..e a�n..n.:.....,. ae.e o,wew Half � AH 1 €a H If •- AH ' 1 N a• s •f tll 2. r fill it " .11 a•r f u i• 0.52 ores • x• v ti•n _ _R .0 1.16 er s al imp t 0.4 +7 r within I •r a•resto li pa• • „5�f�,�. TH 101 Bddg •r ssing ., r• ►- 374 b nt pi within w tland '_�_... �- A;� 0.21 resw tlan• fill �•' "*: Y 101 Bridg Cr • ing " ib N Removal of e u way d. 9.82 acres f wetland stored Wetland Impacts p Total Impacts: N 3.76 acres wetland fill v Impact Type o 0.52 acres wetland excavation 0.47 acres to Bluff Creek - Fill 0.21 to Minnesota River floodplain - Excavation Total: 4.96 acres _ '`' --- ® Bluff Creek Total Restoration: v 9.82 acres restored Minnesota River floodplain Construction Limits fu .� � : * ^ ,. IN J 55 VAONAIS MN 551'0 5!. PAUL, MN 55110 Project CARVR 119938 Print De1¢11i202D13 Wetland Impacts - Overall Project Figure M961'. erd Proodim:UWNAD83 w PHONE: (651)49 DW FM (a51)4W -21W WAM 8'. 8W0 252055 TH 61 and CSAH 101 Roadway Improvements rEry '°"' " "°" Sparta: LMIC Carver and Scott Counties, Minnesota e.cle P.... "m �".ee M ".+wa..� r...ne.a.vem.� w,w.,w.me...a.`�e � :...•..,�nel.v.aa�e..m. emo�in.�.�l: now+- erww. m�." r:.�e�.:'il...,an "m. >.an�l.ea.. n.�sen e.il.w e.lnnm ..re...w..nen.n..e a�n..n.:.....,. ae.e o,wew This Page Left Blank Intentionally Wetland Impacts �- J l y 1� • S Impact Type t> A 4 .�,;,o, � p{ ' Fill "_ =. ...:> > w .!� .. " to _ ..... 5 +8 N6 • . , " Excavation Z * k Purgatory Creek ATConstruction Plans (6 i' 1 , _ -- -- Roadway Features 1 - ! 0 - ••••••• Trail; Trail Features 2rt, - Storm Water Features - ,_ + Construction Limits "'" r' L< '�` '- . i• ',�'•-" ". .: y j021 ACre &ElII �W C 1 . Weiland l , r Wetland s ' 045 Acres. Excavation 0.44 Acres Fill I ? Wetland''s' = 4 r A?Wetland 2 s ! ,y, w0 08 Acre t 06yedc�res Fill * ` ` r y Y cw .ti •._ {,r .y2 '� . i r1..i .�. v,u I�Fiepvt ,_� / .1VAONAIS CENTER DR, u PAUL, MN 55110 MONE'.(651)A952(n0 Project, DARVR 119938 Print Date. 1212012013 Wetland Impacts Figure AM W, drd SEH FAX M51)4W-3150 WATTS. 8003252055 "°° - hin..- Pr*di®,UWNAD83 B urm'. LMIC TH 61 and CSAH 101 Roadway p Improvements 6 -1 Carver and Scott Counties, Minnesota EB FAA z 100 �=Feet 4m•-L- - — 460� if 4 j Co % It A 3535VADNAI CE ULS MN NTER OR 55110 PR,j c CARMR 119938 Date. 1V2 OM1 3 Irv. Figure s- Wetland Impacts ..4 TH 61 and CSAH 101 Roadway Improvements 6-2 Impact Type WATTS 600.25-2MS Sou. LMIC 4 Fill —whintcm Excavation Bluff Creek W51tian d 11 P.! W76 A rc-- s Exccaau. j Co % It A 3535VADNAI CE ULS MN NTER OR 55110 PR,j c CARMR 119938 Date. 1V2 OM1 3 Wetland Impacts Figure s- Wetland Impacts ..4 TH 61 and CSAH 101 Roadway Improvements 6-2 Impact Type WATTS 600.25-2MS Sou. LMIC 4 Fill —whintcm Excavation Bluff Creek 40 Construction Plans Roadway Features ...... Trail; Trail Features Storm Water Features Construction Limits 3535VADNAI CE ULS MN NTER OR 55110 PR,j c CARMR 119938 Date. 1V2 OM1 3 Wetland Impacts Figure .2nnt M, W dr� Proodw UW NAD 83 MONEL (661) 4W20DD FAX 051,.90 -21W TH 61 and CSAH 101 Roadway Improvements 6-2 WATTS 600.25-2MS Sou. LMIC —whintcm Carver and Scott Counties, Minnesota This Page Left Blank Intentionally d F ar 4 e t Existing Causeway'- „ e to be rem Acre Restored i Minnesota Rider Bent Piles F' +OA 25 sf per pile �. " ^ tT,otal;lmgacts: 9,35 sf �K fit y w Wetland Impacts Impact Type_ . y F Fill ., r. Excavation! - t Purgatory Creek Construction Plans -- -- Roadway Features Trail; Trail Features — Storm Water Features f+�H► Construction Limitsr P je- CARVR 119938 ..VADNA18 CENER DR. Ptlni Date: 1....2019 Wetland Impacts Figure 'T. PAUL, MN 55110 _ PHONE(851)<90-3W0 F-E-1-T F":,000)w"100 :NA083 TH 61 and CSAH 101 Roadway Improvements r u�y TF:1000) 3353055 6 -3 SEH " " "'" " "" Carver and Scott Counties, Minnesota tr�man �iannnmaYpery nmtra mm e¢amrwy mmm., nn lnn me Ya wm m M ¢bm¢ wmpaamnmrtmm. mYrmwon,emm ranw awmaiemmmn mep am H xuea r fr , s[H a¢a .wn m +F+^ Sry'em I�ISSEwXaN 1� YW[k mn ma�rtenwrym eN em ma�ik Gl�Oph mWn'ttmMbenawpatiwW . vaO."ry, w�e pnimee vryetln�W�pmertW�euamq mewrtmem M[�aYn¢ar EieeFn¢gemw'm nehpHOenWprtgnpNaaYauma. ll�ewel mparYroWryea i a m wvny mpea marneem NneumY ¢maeaweu pmm This Page Left Blank Intentionally Appendix A Project Plan Sheets Wetland Permit Application CARVR 119938 Carver County Page 22 The TH 101 Project Plan Sheets are located on the attached CD at the end of this document. This Page Left Blank Intentionally Appendix B Wetland Delineation Report Wetland Permit Application CARVR 119938 Carver County Page 23 This Page Left Blank Intentionally The TH 101 Wetland Delineation Report is located on the attached CD at the end of this document. This Page Left Blank Intentionally Appendix C TH 101 'Wye" Feasibility Study Wetland Permit Application CARVR 119938 Carver County Page 24 This Page Left Blank Intentionally The TH 101 "Wye" Feasibility Study is located on the attached CD at the end of this document. This Page Left Blank Intentionally Appendix D Combined Wetland Application Forms NA- 026620 -0311 (V.2.02 for MS WORD) 9117/2007 Minnesota Local /State /Federal Application Forms for Water/Wetland Projects USE THIS APPLICATION FOR ANY PROJECT AFFECTING A LAKE, RIVER, STREAM OR WETLAND, INCLUDING: Local Government Unit Approval Pursuant to Minnesota Wetlands Conservation Act (WCA) Minnesota Department of Natural Resources (DNR) Permit to Work in Public Waters Department of the Army Permit (33 CFR 325) Note: The U.S. Army Corps of Engineers (COE) will forward application forms to the Minnesota Pollution Control Agency (MPCA) for processing if state water quality certification is required from the MPCA. You do not need to send this application to the MPCA. This application packet includes: Part L• The BASIC APPLICATION and the COE APPLICATION to be filled out by all applicants (see Instructions). PART IL The REPLACEMENT PLAN SUPPLEMENT to be completed only for projects that impact wetlands and require a replacement plan for wetland mitigation. If you're not sure whether your project requires a replacement plan, call your Local Government Unit (LOU) or Soil and Water Conservation District (SWCD) office for guidance. Do not proceed with your project until you have received all required approvals from your LGU, the DNR and the COE. If you wish to confirm the status of your application at any time, contact the agencies directly (see Instructions, page 2). Proceeding with work before all required authorizations are obtained may result in fines or other pennlfies, and may include a requirement to restore the project site to original condition. If you have questions or need assistance with filling out these forms, contact your local S WCD office, your LOU, your Area DNR Ecological and Water Resources office, or your COE field office (see Instructions, page 2). If you believe that your project may be subject to watershed district, local zoning, or any other local regulations besides those of your LOU, contact those office(s) directly. If you are a Federal Farm Program participant and your project affects a wetland or water body on agricultural land, your eligibility for USDA benefits may be affected. Contact a Natural Resources Conservation Service office for further information. A QUICK LOOK AT THE PROJECT APPLICATION PROCESS Electronle files: Forms can be downloaded and filled out using Microsoft Word. Your inputwill be restricted to fill -in fields where users can enter test or check boxes. These areas appeor gray on the screen, but not on the printed document. Send copies of these completed application forms to your LGU, your Area DNR }ecological and Water Resources office, and your COE regulatory office. Any of the agencies may make initial contact with you to: a) infomr you that it has no jurisdiction over your project; b) request additional information needed; or c) inform you of applicable fees. When your application is considered complete and appropriate fees have been received (if requested) it will be distributed for appropriate review. Following agencies' reviews, you will be informed if it has been approved, approved with changes or conditions, withdrawn, or denied. For information about state Imes, rules and regulations that direct this process go to the web site wsvtv.revisor.Icgstateann.us. For information on U,S. Army Corps of Engineers regulations go to the web site www.mvp.usacc.anny.mil. Instructions for Part I HELP I: Every applicant must fill out Section]. The applicant is the person, agency, company, corporation, or other organization that owns, leases, or holds other legal rights to the land where the project is located. Indicate names of multiple applicants on a separate sheet. FIELP 1A: Fill out Section 1A only if you have designated an authorized agent. An authorized agent may be an attorney, builder, consultant, contractor, engineer, or any other person or organization designated by the applicant to represent him/her in this process. An agent is not required. HELP 5: Purpose, description and dimensions of project: State briefly (in a sentence or two) what you propose to do and why it is needed. Also, describe whether your project will involve any of the following: Construction of structures, filling, draining, dewatering, removing, excavating or repair. Construction of an access path, bridge, culvert, dam, ditch, dock, driveway, riprap, road, sand blanket, shore protection, or the line. Construction of any structures on fill, piles or a float - supported platform. If so, describe. Dredging or discharging (placing fill material) into a wetland or other water body (including the temporary placement of material). If so, explain the specific purpose of the placement of the material (such as erosion control) and indicate how it will be done (such as with a backhoe or dragline). If dredged material is to be discharged on an upland site, identify the location of the site. Mirmesoter Local/State/Federol Application Farms for Water/Wetland Projects Instructions, Page I Include an overhead view drawing showing the work to be undertaken and its relative location on the property. Show items such as property boundaries or lot dimensions; location and extent of shoreline, wetlands and water; location add dimensions and footprint of the proposed project, structure or activity (include length, width, elevation and other measurements as appropriate); points of reference such as existing homes, structures, docks or landscape features; indication of north; and location of spoil and disposal sites (if applicable). Hand drawn, computer generated or professionally prepared drawings are acceptable, as long as they contain all necessary information clearly, accurately, and in adequate detail. Please include specific dimensions whenever possible. You may also include photos, if you wish. Paper copies should be limited to maximum dimensions of 11" by 17 ". Computer files should be viewable in a PDF format; contact the agency for other usable formats. HELP 7: For information regarding adjacent landowners, contact the tax assessor where the project is to be developed. HELP 8: If any part of the work has already been completed, describe the area already developed. Include a description of structures completed, any dredged or fill material already discharged (including type of material and volume in cubic yards); acres or square feet filled (if a wetland or other water body); and whether the work was done under an existing permit (if so identify the authorization, if possible). HELP 9: Other permits, reviews or approval related to the project may include the following: conditional use permit; plat approval; zoning variance; National Pollutant Discharge Elimination System permit; state disposal system permit (includes dredged material disposal); watershed district/watershed management organization permit (stormwater, erosion, floodplain); environmental assessment worksheetlenvironmental impact statement; hazardous waste site; feedlot permit; groundwater appropriation permit; or county/township driveway /road permit. Are you aware of any archeological or cultural resource determinations or surveys completed conecming One projector replacement site by the State Historic Preservation Office (SHPO) or others? If yes, please explain on a separate sheet or attach a copy of any determinations or surveys. Final Checklists (Part 1) ❑ Have you completed all of Part I (Page 1), plus the Federal application (Page 2)? ❑ Did you (and your agent, if applicable) sign Section 10 on page 1? ❑ Have you signed the Application for the Department of the Army Permit (Page 2) to seek Federal authorization of your project? ❑ Have you included the necessary attachments for Part I? Attachments must include: ❑ Site Locator Map (Section 3) ❑ Type of Project (Section 4) (if additional space was needed) ❑ Overhead View of Project (Section 5 and HELP 5) ❑ Project Purpose, Description and Dimensions (Section 5) (if additional space was needed) Attachments inalp also include: ❑ Applicant Contact Information (HELP 1) (if additional space was needed) ❑ Project Location (Section 3) (if additional space was needed) ❑ Project Alteratives (Section 6) (if additional space was needed) ❑ Photographs ❑ Adjoining Property Owners (Section 7) (if additional space was needed) ❑ Work Already Completed Section (Section 8) (if you answered YES) ❑ State Historic Preservation Office determination or survey Submitting Your Application Make three copies of the entire application and all attachments. Keep the original, and mail o complete copy of your application to each of the local, state, and Federal entities listed below. Be sure to include Part I and all attachments with each application. LOCAL: Send to the appropriate Local Government Unit (LGU). If necessary, contact your county Soil and Water Conservation District (SWCD) office or visit the Board of Water and Soil Resources (BWSR) web site (www.bwsr.statc.mn.us) to determine the appropriate LOU. STATE: Send to your Area DNR Ecological and Water Resources office, attention Area Hydrologist. If necessary, contact your county Soil and Water Conservation District (SWCD) office or visit the DNR website (www.dnr.state.mn.us) to locate the Area Hydrologist for your location, or contact a Regional DNR office: NW Region: NE Region: Central Region: Southern Region: 2115 Birchmout Beach Road N.E. 1201 East Highway 2 1200 Warner Road 261 Highway 15 South Bemidji, MN 56601 Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulmn, MN 56073 Phone: 218-308-2620 Phone: 218- 327 -4416 Phone: 651-259-5845 Phone: 507 359 -6053 FEDERAL: Send to the appropriate U.S. Army Corps of Engineers regulatory field office: Brainerd: St. Paul: La Crescent: Two Harbors: U.S. COE, Regulatory Branch U.S. COE, Regulatory Branch U,S. COE, Regulatory Branch U.S. COE, Regulatory Branch 10807 E. Gull Lake Drive N.W. Army Corps of Engineers Centre 1114 South Oak Street 1554 Highway 2, Suite 2 Brainerd, MN 56401 -9051 190 P Street East La Crescent, MN 55947 -1338 Two Ihrbors, MN 55616 Phone: 218-829-8402 St. Paul, MN 55101 -9051 Phone: 507 -895 -8059 Phone: 218- 834 -6630 Phone: 651 -290 -5375 WEB SITES: BWSR: www.bwsr.state.mn.us 113. ACOE: www.mvp.mace.amry.mil DNR: www.dm.state.na.us MPCA: www.pcostatc.nmus Minnesota Local/StateJFederal Appication Forms: for Water/Wedand Projects Instructions, Page 2 NA- 026620-03D (V.2.02 for MS WORD) 9/1712007 Minnesota Local/State /Federal Application Form for Water/Wetland Projects For Internal Use Only Application No. Field Office Code Date Initial Application Received Date initial Application Deemed Complete PART 1: BASIC APPLICATION "See HELP" directs you to important additional information and assistance in Instructions, Page 1. 1. LANDOWNER /APPLICANT CONTACT INFORMATION (See Help1) Name: Lyndon Robjent, Public Works Director Carver County MN Phone: 952.466.5200 E -mail: Irobjent @co.carver.mn.us Complete mailing address: 11360 Hwy 212, Suite 1 Cologne, MN 55322 IA. AUTHORIZED AGENT (See Yelp 1A) (Only lfappllcoble; an agent is not required) Name: Deric Deuschie, SEH Senior Biologist Phone: 651.490.2114 E -mail: DDeuschle @sehinc.com Complete mailing address: 3535 Vadnais Center Dr. St. Paul, MN 55110.5196 2. NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed) Name or I.D. # of Waters Impacted (if applicable; if known): - (Check all that apply): ❑ Lake ❑ River ❑ Circular 39 Wetland type: [11, M IL, M 2, M 3, M 4, [15. M 6, 117, ❑ 8 Wetlnnd plant community type': ❑ shallow open water, M deep marsh, M shallow mush, ❑ sedge meadow, M fresh meadow, ❑ wct to wet-mesic prairie, ❑ calcareous fen, ❑ open bog or coniferous bog, M shrub- can /alder thicket, ❑ hardwood swamp or coniferous swamp, M floodplain forest, ❑ seasonally flooded basin Indicate size of entire lake or wetland (check one): ❑ Less than 10 acres (indicate size: 7.16) ❑ 10 to 40 acres M Greater than 40 acres 3. PROJECT LOCATION (Infornmrlon can be found on property tax statement, property title or title insurance): Project street address: Fire #: City (if applicable): Errorl Reference source not found., Shakopee A Section: Section: 35, 36 Township #: 116 N, 115N Range #: 23W County: Carver, Scott Lot #: Block: Subdivision: Watershed (name or #) 9 UTM location N E Attach a simple site locator map. If needed, include on the map written directions to the site from a known location or landmark, and provide distances from known locations. Label the sheet SITE LOCATOR MAP. 4. TYPE OT PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed. See Attached 5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to construct the project with dimensions (length, width, depth), area of impact, and when you propose to construct the project. This is the most important part of your Rppliention. See HELP 5 before completing this section; see What To Include on Plans (Instructions, page 1). Attach PROJECTDESCRIPTION sheet. .. See Attached Footprint of project: 4.96 acres or square feet drained, filled or excavated. 6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (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. Attach PROJECPALTERNATIVE•S sheet if needed. See Attached 7, ADJOINING PROPERTY OWNERS: For projects that impact more than 14,000 square fact of water or wetlands, list the templet mailing addresses of adjacent property owners on an attached separate sheet. (See HELP 7) 8. PORTION OF WORK COMPLETED: Is any portion of the work in wetteud or water areas already completed? ❑ Yes ❑No. If yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELPS) 9. STATUS OP OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that are either pending or Its" already been approved u• denied on a separate attached sheet. See HELP 9. , 10. 1 am applying or state and local autitrizntlou to conduct the work described in this application. i tan famtlbrc with the inGumation contained in Or t I' on. To the best of my knowledge and belief, all information in Part I is (rue, complete, and accurate. I possess the authority a the work described, or I am acting as the duly authorized agent ofthe applicant.. S1r we AwdaVezandaimad 1 ale Signature ofagenr(Ifapplicvble) Date This block must signed by thepemonvvbo desims to uadedake the proposed activity and has the necessary piopenyrights to do so, If only the Agent has signed, please all pamte sheet sigoed by the landowner, giving necessary authonnum to the Agent. 'See Wedatal Plants a»d Plmtt Cotnnnntllies oJMYnuesola and iPisronsln (Eggers mul Reed, 1997) as modified by the Board of Water and Soil Resources, United States Army Corps of Engine. i "esom LocaVState/Pederal Application Forms fm Water/Wetland Projects Pagel marching existing data burden maw Washington i1{'ACV ACP STATE61ENT; An( lwrilies: Rbscs andHabors Act, Section 10,33 USC403; CleattWat"Ac4. Seedon 404, 33 USC 1344; Madm1Wtc;4oa, Remadt cowl nowerhas Ad, 33 USC 1413, Section 103. PrinoNel pmpese: lufmoxnon provided on this Poms will be reed is ovalnaing the application torn Parch. Routine uses: This Oama(lon may ba eharcdivi @the Depnrmmtofhulice and otltapederal, slate, and loom govsmnreu eaescies. Snhmissionotregtres(ed infannalionio wtuolary;hownxr, if alypgt mi of 'itd lb Penult amt' E cannot b. ieldnor can a Windt be brand, ITEMS I THROUGH 41TO BE FILLED IN BY THE CORPS 1. APPLICAT'IGNNO. 2. FIELD OFFICE CODS 13. DA17E RECEIVED 14. DATE APPLICATION COMPLETED YOU DO NOT NEED TO COMPLETE ITEMS 6 -10 and 12 -25 in the SHADED AREAS. All applicants must complete non - shaded items 5 and 26. If an agent is used, also complete Items Sand 11. This optional Federal form is valid for use oniv Wi1en Included as pan of this entire state application pocket. S. APPLICANT'S NAME 18. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) 26. Application 1$,, lier'vTy��by a for a permit or permits to authorize the Work described in this application. I certify that the information in this minliCal10111S COIAPIg1Ca accurate. I further certify that l possess the authority to undertake file work described herein or am acting as the duty Signs ofapph N D e 3 Signature of agent (if any) Date The application m st be at red the person who desires to undertake the proposed activity (applicant), or it may be signed by a duty authorized agent If thestatentathi El kit a lawn filled out and signed, to U.S.C. Section 1001 provides dint: Whoever, in ayaowwrwithin lbejtuisdiotimirfany department or ages the Unitcd States knowingly NO 3viMUY falsifies, controls, or covers tip with any hick, sc om 1, or disguises a material fact or makes my false, fiotitious or fla alulenl slnlctncnls or representations or makes or uses any false writing or document ksoiving same to contain any false, fictitious or Raudulont statements or entry, shall be Med net room than $10,000 or imprisoned not more then fin years or both. .1ING FORM 4345,1u191 EDITION OF FEB 9415 OBSOLETE. (Proponom: CECW -OR) Wraanlla ImollStatdFederal Application Fonns for WaterlWelland Projects .. Paget FOR LGU USE ONLY: Determination for Part 1: ❑ No WCA Jurisdiction ❑ Exempt: No._ (per MN Rule 8420.0122) ❑ No Loss: _ (A,3,...G, per MN Rule 8420.0220) ❑ Wetland Boundary or type n Rcnlacement mmnired — nonlicam must complete Part ll Application is (cheek one): ❑ Approved ❑Approved with conditions (conditions attached) ❑ Denied LW qfflkiol slgnat re Dare Name and Title For Agricultural and Drainage exemptions (NIN Role 8420.0122 Subps.1 and 213), LGU has received proof of recording of restrictions (per MN Role 8420.0115): County Wwria recorded Dare Docnmtent # assigned by recorder LCUq/))clnl signature Dare Minnesota LocallStatc/Federal Application Forms for Water /Wetland Projects Page 3 Instructions For Part II Complete those portions of Part If: Replacement Plan Supplement for which information is readily available (such as location, existing land use, size of impact area, etc.) A person certified in wetland delineation must determine items pertaining to specific wetland impacts (wetland type, predominant vegetation, watershed name, etc.) Contact the local soil and water conservation district (SWCD) office for further information on obtaining such items. What to Include on Plans Detailed overhead views of replacement sitc(s) (Part 11), as well as profile view(s) of replacement site(s) (Part 11), may be either hand drawn, computer generated or professionally prepared, as long as they contain all necessary information clearly, accurately, and in adequate detail. Please include specific dimensions whenever possible. You may also include photos, if you wish. Overhead views of Part II replacement site(s) should include the following items that pertain to your project: Property boundaries and /or lot dimensions. Location and extent of shoreline, wetlands and water. Location and dimensions of proposed project, structure or activity. Include length, width, elevation and other measurements as appropriate. Points of reference (such as existing homes, structures, docks or landscape features). Location of inlet and outlet structures. Indication of north. Location of spoil and disposal sites (if applicable). Areas of wetand and upland plants established. Profile views (side or cross- sectional views) should include the following items that pertain to your project: Location mid dimensions of proposed project structure or activity. Include elevation, depth, soil profile, side slope and other measurements as appropriate. Proposed water level elevation. Final Checklists , Part II: Replacement Plan Supplement ❑ Have you completed all of Part 11 (pages 3 -5)? ❑ Did you (or your agent) sign Section 19 on page 5? ❑ Have you included the necessary attachments for Part H? Attachments Hurst include: ❑ If the project includes any wetland banking (complete or partial), include Application for Withdrawal of Wetland Credits Form (Section 14) ❑ If the project includes any project - specific replacements (complete or partial), include: Description of Replacement Wetland(s) Construction (Section 15) Copy of vegetation management plan (Section 15) Scale drawing of overhead view or replacement wetland (Section 18) Scale drawing of profile view of replacement wetland (Section 18) Attachments Harr,, also include: ❑ Additional description of Wetland Impact Charts (Section 11) (if additional space was needed) ❑ Additional Description of Replacement Wetlands charts (Section 17) (if additional space was needed) ❑ Additional soils information for created replacement wetland(s) (Section 18) (if available) Note: To deposit surplus wetland credits in the State Wetland Bank, submit a Wetland Banking Application directly to your LOU (Section 16). Preparing Your Application for Mailing ❑ To apply for both slate and Federal authorization, your application must include Part I (Page 1), the Federal application (Page 2), and attachments as indicated on Final Checklist for Pony I (Instructions, Page 2). ❑ Your application must also include Part H (Pages 3 -5) and additional attachments as indicated on Final Checklist for Part 11 (above). ❑ Make three copies of the entire application and all attachments. Keep the original, and mail the three copies to the appropriate local, state, and Federal agencies (see Instructions for Pmt I for addresses). Minnesota Local/State/Federal Application Forms for WalerlWetland Projects Instructions Pagci3 PART II: REPLACEMENT PLAN SUPPLEMENT For assistance in emnpleling Parl 11, contact your Local Government flnii or a professional consnlronl 11. DESCRIPTION OF WETLAND IMPACTS: Complete the titan below: I) Use one row of boxes for each wetland impact; 2) If your project has more than one wetland impact, reference your overhead view (part of Section 5) to this client by identifying and labeling "first impact" and "second impact' on your overhead view; 3) If you are identifying only one wetland type within a given wetland impact race, use the first dotted line and leave the others blank; 4) If you have chosen to identify more than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each wetland type, and identify predominant vegetation and size of impacted area for each separate wetland type within that impact area; 5) If you do not have access to some of this informat ion, call your LOU or SWCD office for assistance. (Photocopy chmvfor neare impacts, if needed.) DESCRIPTION OF WETLAND IMPACTS Wetland Impact (as noted on overhead view) Watershed name or number (if known) Watershed and Bank Service Wetland plant community type' Predominant vegetation in Impacted wetland area Size of area impacted (in acres or square feet) Existing land use in project area (check all that apply) 33 -Lower 9 ❑ Housing - E] Commercial First Minnesota -- ----------- ----- - ------ -- -- - --- — Industrial Impact River ❑ Parkstrecreation areas ❑ Highways and -- ---- -- -- - ----- -- ---- -- - -------- --- ---- -- °---- -- --- --- -- -- -- associated rights -of -way ❑ Forested ❑ Farmsteads /agricultural ❑ Vacant lands ❑ Public and semi - public (schoolsfgov't facilities) ❑ Airports Second ------ ---- - -- -- -- - -- -------I --- -- --------------- -'" EMractive (gravel impact pits /quarries) ❑ Other: 'If you are identifying only one Welland type within a given wetland impact area, use the first dotted line and leave the others blank. If you have chosen to identify more than one wetland type Within a given wetland impact area, use the extra dotted lines to indicate each separate wetland type, and identify predominant vegetation and size of impacted area for each separate wetland type with that impact area. TOTALS OF AREA(S) IMPACTED FOR EACH WETLAND TYPE ON CHART (Indicate acres ❑ or square feel 0) Wetland plant community type r: Shallow open water: Deep marsh;.. Shallow Mersa: Sedge meadow: Fresh wet meadow: Wet to wet mesic prairie: Calcareous fen: Open bog or coniferous bog: Shrub carr or alder thicket: Hardwood swamp or coniferous swamp: Floodpinin forest Seasonally flooded basin 12. SPECIAL CONSIDERATIONS: Are you aware of any special considerations that apply to either the impact site(s) or the replacement site(s)7 ❑ Yes ❑ No (Examples: the presence of endangered species, special fish and wildlife resources, sensitive surface waters, or waste disposal site.) If YES, list and describe briefly. 13. SHORELAND IMPACT 70NE: Please identify each wetland impact site noted in Section 15 that is within 1000 feet of a lake or 300 feet of a river. ' See Weiland Plants and Plan( Communities ofdlimesata and lrisconsin (Eggers and Reed, 1997) as modified by the ]Board of Water and Soil Resources, United States Army Corps of Eagineers. Minnesota Local/StateiFedefal Application Forms for Water /Welland Projects Page 4,. 14. HOW P1 IOPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be apoomplished (check only one box below and continue as indicated): ® A. Welland banking credits only Complete Applcalon for IVithdrmval of Welland Credits Form and include with your application. Copies of this form me available from your LOU, or download a copy fear www.bwsr.state.mmus Skip to Section 19, page 6 (You do not need to complete Sections 15 -18). ❑ B. Project- specific replacement only Continue with Section 15 below. ❑ C. ACombination of wetland banking and projecl-specific replaccmdrt If using project specific replacement that will result in surplus wetland credits that you propose to deposit in the state wetland bank for future an, then you must submit a wetland banking application directly to your LGU before or conconratlywith submittal of this form. Also, CompleteApplicationfor Withdrawal ofWedandCredits Form and include with your application. Copies of this fort and the wetland banking application is available from your LGU, or download a copy from www.brvscstale.mu.us Continue with Section 15 below. I.S. DESCRIPTION OF REPLACEMENT WETLAND(S) CONSTRUCTION (Complete this section only if you marked Boa B or Box C in Section 14 above): Describe in detail how replacement wetland(s) will be constructed. If several methods will be used, describe each method. Details should include the following: 1) type of construction (such as excavated in upland, restored by the break, restored by ditdt block or revegelated); 2) type, size and specifications of outlet structures; 3) elevations relative to Mean Sea Level or established benchmarks or key features (such as sill, emergency overflow or structure height); 4) what best management practices will be implemented to prevent erosions or site degradation; 5) proposed timetable for starting and coding the project; and 6) a vegetation management plan. Write this description on a separate sheet of paper labeled DESCRIPTION OFREPLACEMENT WETLAND CONSTRUCTION. See Attached 16. SURPLUS WETLAND CREDITS: If using project- speeilm replacement (Box B or Box C in Section 14 above), will the replacement result in my surplus wetlund credits that you wish to have deposited in rite State Weiland Bank for Arcane use? ❑ Yes ❑ No. If yes, submit a Wetland Banking Application directly to your LGU before or concurrently with submittal of this form. Copies are available from your LGU, or domload a copy from wuly.bwsnstateunn.us 17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below: 1) Use one row of bones for each wetland replacement site; 2) If your project has more that one wetland replacement site, reference your overhead view (part of Section 5) to this chart by identifying and labeling "first replacement site" and `second replacement site" on your overhead view; 3) If you are identifying only one wetland type within a given replacement site, use the lust dotted line(s) and leave the others blank; 4) If you have chosen to identify mom than one wetland type in a given replacement site, use the extra dotted lines to indicate each separate wetland type, and identify, type(s) of replacement credits and "restored or created" for each separate wetland type with that replacement site; 5) If you do not have access to some of the information, or if you do not know your replacement ratio, call your LOU or SWCD office for assistance. Plmtocopy charefor more wetland replacements, (fneeded) npRCRIGTIAM At: RPDI ACPMFMT WPTI. ANDS Identify Watershed County Section, Wetland Type(s) of replacement credits Restored Wetland name or Township, Plant (in acres or square Aeot) or New Wetland Public Value replacement site number Of known) Range Community Type+ created? Indicate (as rested on Bank Service Credits (NWC) Credits (PVC) R or C overhead view) Area Name of 7 Carver First---------- ----- -------------------------------------------- --- ------ replacement -------- -- ------------ --- - - - - -- -------------- site Name of Second — — — replacement site If you are identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank. If you have chosen to identify mom than one TOTAL NWC TOTAL PVC wetland type within a given wetland impact area, use the extra dotted lines to indicate each separate wetland type, and identify prodomhrant vegetation and size of impacted area for REQUIRED REPLACEMENT RATIO: each separate wetland type within that impact area. (If known) Wedand plant community type: ShaEow open water: Deep marsh: Shallow Marsh: Sedge meadow: Fresh wet meadow: Wet to wet mesic prairie: Calcareous fen: Open bog or coniferous bog: Shrub cmT or alder thicket: Hardwood swamp or coolferoui swamp: F7oodplain forest Seasonally flooded basin " See 1Vedand Plnuts and Plant Gburnunriries ofMinnesam mad Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water slid Soil Resources, United States Army Corps of Engineers. Minnesota Local/StalelFederal Application Forms for WateriWelland Projects Page 5 18. ADDITIONAL INFORM*TION REQUIRED FOR PROJECTSPECIFIC REPLACEMENT (Required only if you marked Box B or Dow C In Section 14): For projects involving at least some project- specific replacement, include the following additional information: ❑ Two drawings to scale of the replacement wetland. Include both overhead view and profile (side view or cross - sectional view). See What to Include on Plans pnstroetions, Page 3) for a detailed descriptimm of what should be included in these drawings. Without drawings, your application will be considered incomplete. ❑ For created replacement wetlands, include additional soils information (if available) that indicates the capability of the site to produce and maintain wetland characteristics. Note l: For replacement wetlands located on pipeline easements, you need to receive endorsement of you project from both the easement holder and the Minnesota Department of Public Safety's Office of Pipeline Safety. Before start of construction, the owner of any utilities must be notified. The landowner or contractor is responsible for giving this notice by calling `Gopher State One -Call" at 652- 454 -0002 (Twin Cities Metro Area) or I -g00- 252 -1166 (ail other locations). Note 2: For extensive or complex projects supplementary information may be requested at a later dated from one or more of the responding agencies. Such information may include (but not be limited to) the following: topographic map, water table map, soil borings, depth soundings, aerial photographs, envirmnncntal assessment and /or engineering reports. , 19. SIGNED AFFIRMATION: FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING ONLY. To the best of my knowledge and belief, all information in Pan II is true, complete and accurate; and 1 affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank - FOR PROJECTS INVOLVING EITHER PROJECTSPECIFIC REPLACEMENT ONLY OR A COMBINATION OP WETLAND BANKING AND PROJECT - SPECIFIC REPLACEMENT: Part A: The replacement wetland. I affirm that the replacemenl wetland was not: Previously restored or created under a prior approved replacement plan or permit; AND Drained or filled under an exemption during the previous 10 years; AND Restored with financial assistance from public conservation programs; AND Restored ruing private funds, other than landowner funds, unless the funds are paid back with interest to die individual or organization flint 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 =tool draining or filling of a wetland. ❑ An irrevocable bank letter of credit, performance bond, or otter acceptable security has been provided to guarantee successful completion of the wetland replacement. ❑ The wetland losses will be replaced via withdrawal from an account in the Stale Wetland Bank. Part C. For projects Involving any project - specific replacement: Within 30 days of either receiving approval of this application or beginning work on the project, I will record the Declaration of Restrictions and Covenants on the deed for the property on which the mplacementwedand(s) will be located; and 1 will at the some time submit proof of such recording to the LOU. To the best of my knowledge and belief all information in Part 11 is true, complete and accurate; and I affirm all statements in Pan A and C, as well as checked assurance(s) in Part B. Sigmrlum orapplicanl or agent FOR LGU USE ONLY Replacement plan is (check one): ❑ Approved Date ❑Approved with conditions (conditions attached) ❑ Denied LGUqffidal signalum Date LGU his receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Welland_ Cmtno) whererecarded Date Doannerrl 9 assigned by recorder LGUofciaistgaotrne Date Minnesota Local/SWOTederal Application Points for Water/Welland Projects Page 6 Appendix E Wetland Banking Forms This Page Left Blank Intentionally PURCHASE AGREEMENT FOR WETLAND BANKING CREDITS German Settlement Wetland Bank, LLC 27496 German Road BiallcPlainc, Minnesota 56011 Officers: Jane Breaggemann, President; Sherry 'Krehtz, Treasurer,' Bttiee Panning, See?elary Agent., Michael B. Whirl, Professional WellandScientist, mike@wgrlandwildlffeonstilling.cm, 612-250-0131 Richard and 9herey Kren(4 Randy 014enbyj and Jane IlMegg0mann Panning Painlly Parifikeship; OWUerS-' husband and igife husband eina* Deborah Hart, Bruce Panning and.Sandra.Petholng TMS AGREEMENT is made this January 9,2014 between German Settlement Weiland BE* ILLC (SELLER) and.Cauver County, Minnesota. (BUYER). 1. SELLER agrees to sell to BUYER, and BUYER agrees to buy from SELLER, the wetland banking credits (CREDITS) listed in CREDITS TO BE SOLD (below). 2. SELLER represents and warrants as follows: a. The CREDITS Are deposited into account 1175 in the Minnesota Wetland Bankadministored by the Minnesota Board of Water and Soil Resources (BWSR) pursuant to Minnesota Rules Chapter 8420.0700 to 8420,076.0 AND U.S. Army Corps of Engineers, St Paul District policy, b. SELLER is anaecount holder ,in good standing c. SELLER owns the CREDITS and has the right to sell the CREDITS to the BUYER 3. BUYER will pay a total of $4,835.10 for the CREDITS as followig." a. $0 As earnest money to be paid to the SELLER when this agreement is signed; b. $7,187 to be paid to the SELLER on the Closing Date; and c. $467,16 to bc paid to the Board of Water and Soil Resources, on the Closing Date. Credit SWC (80 A 1 7.,187 $467. Tout) I 7,197 $7,654.16 4. The, closing of the purchase and sale shall occur on, or before, April 30, 2014. Postponement of the - Close Date shall be agreed :to by both parties iu Writing, and failure to close Voids this agreement. 5. BUYER has Applied or will apply to the Local Government Unit where the wetland impact it Proposed to occur. It will be the BUYER'S responsibility to obtain all necessary approvals . and sighatut'a on the form, Application to Withdraw Weiland Qedils, and to bring that form to the closing. If the LGU has not approved the BUYER'S application, for, a replacement plan, utilizing the CPW.D.lT,$ b- y1he Closing Date, and no postponement of . the C19sing Date has been agreed to by BUYER or SELLER in writing, then dither the BUYER or SELLER may cancel this Agreement by giving written notice to the other. In this case, the SELLER will return the BUYER'S earnest money. If the LOU Approves the,teplaccnient plan but the TIUYPO fails to proceed on the Closing Date then the qFLLF.R may retain Ike earnest money as liquidated damages. - rte.... gnawre of SELLER Date This Page Left Blank Intentionally VS.-V Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank N 1. Credit User To be completed by the person or entity proposing to use the wetland credits. Name: Lyndon Robjent, Public Works Director Organization (if applicable): Carver County Street Address: 11360 Hwy 212, Suite 1 City, State, Zip: Cologne, MN 55322 Phone: (952) 466 -52 E -Mail Address: Irobjent @oo.carver.mn.us 2. Wetland Impact Information To be completed for the project with wetland impacts that this withdrawal is intended to replace. use only Project Name: SOUTHWEST RECONNECTION PROJECT: HIGHWAY 611101 FLOWetland Impact Size (acres): 0.08 County of Impact: Carver Impact Major Watershed #: 9 Impact Bank Service Area: 33 LGU File # (if applicable): Comments: By signature below, the proposed application and has received approv Credit User Signature: Replacement Ratio: 2:1 Total Replacement Required (acres): 0.16 U.S. Army Corps Permit # (if applicable): attests that he /she owns or has purchased the credits identified in this :able regulatory authority(ies). , 3. Regulatory Approval /Autiiorization By signature below, the identified agency and authorized representative hereby certify that they have: a) verified that the subject Wetland credits are deposited in the account of the owner /seller, b) approved a wetland replacement plan or similar agreement under their jurisdiction, and c) approve the proposed use of the wetland bank credits described herein. WCA LGU /Agency: LGU Representative: (for NRCS, USACE, etc. if applicable) Agency Name /Location: Representative: E -mail address *: Signature: E -mail address *: Signature: *Confirmation will be e- mailed when transaction is complete. BWSR Application for Withdrawal of Wetland Credits form Page 1 of 2 Date: Date: Rev 10/3/2013 Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank 4. Withdrawal Information Bank Service Area: 9 To be completed by seller of credits (account holder). Account Number: 1175 County: Scott Credit Subgroup Letter Plant Community Type Cost per Credit (acre) Number of Credits to be Withdrawn (acre) acre =ft /43560 Cost of Purchased Credits (cost per credit x number of credits) B Tributary $43560.00 0.1650 $7187.40 $0.00 $0.00 $0.00 TOTAL 0.1650 $7187.40 Enter County Fee Table: www .bwsr.state.mn.us /wetlandsl2013 Fee Schedule.pdf from Table (county of 6.5% of sale price seller's bank)._._. - 2995.00 Transaction Fee (choose either amount) County Fee $ 467.18 $ 494.18 Attach check payable to Minnesota Board of Water and Soil Resources. By signature below I seller and holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank certify that: 1) The credits described in this application have been sold to the credit user or will be used for my own project; 2) 1 have received payment in full from the buyer (if applicable); 3) The credits described in this application have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the wetland impact information block on the previous page; 4) The credits described in this application should be withdrawn from my account; and 5) 1 will not have a negative balance of credits after the subject credits are debited from my account Seller Name (print): Seller Signature: Seller e- mail *: Date: 1. The account holder of the credits is responsible for submittal of this form, containing signatures, to the BWSR Wetland Bank Administrator so the affected account can be properly debited. 2. No impacts to any wetland or other water resource may commence until the credits have been debited and a copy of this form with stamped debit date has been received by the regulatory authority(ies), the account holder, and the credit user. When this form is completed and all required signatures are obtained, send with the fee check to: Wetland Bank Administration Minnesota Board of Water and Soil Resources 520 Lafayette Road North Saint Paul, MN 55155 BWSR Application for Withdrawal of Wetland Credits Form Rev 10/3/2013 Page 2 of 2 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2014-10 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, March 18, 2014, 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 the proposed Highway 101 Minnesota River Crossing and CSAH 61 roadway reconstruction and improvement project. Applicant: Carver County. 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 /2014 -10 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(a ),ci.chanhassen.mn.us Phone: 952- 227 -1173 (Published as a display ad in the Chanhassen Villager on March 6, 2014)