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Trunk Hwy 212 Off-Site Wetland Mitigation Area (OF-5) Wetland Easement CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227 1100 Fax 952.2271110 Building Inspections Phone: 952.2271180 Fax: 952.227 1190 Engineering Phone 952.227 1160 Fax: 952.227 1170 Finance Phone: 952.2271140 Fax: 952.2271110 Park & Recreation Phone: 952.2271120 Fax: 952.227 1110 Recreation Center 2310 Coulter Boulevard Phone 952.2271400 Fax 952.227 1404 Planning & Natural Resources Phone: 952.2271130 Fax: 952.2271110 Public Works 1591 Park Road Phone: 952.227 1300 Fax: 952.2271310 Senior Center Phone: 952,2271125 Fax: 952.227 1110 Web Site www.ci.chanhassen.mn.us .J e MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Lori Haak, Water Resources Coordinator ~ DATE: August 28, 2006 . ~ RE: Trunk Highway 212 Off-Site Wetland Mitigation Area (OF-5) Wetland Easement BACKGROUND As part of the Trunk Highway 212 (TH 212) project, the Minnesota Department of TransportatIOn (MnDOT) is impacting 60.57 acres of jurisdIctional wetlands. Of that impact, 29.75 acres is within Chanhassen. Since wetlands provide water qualIty, water quantity, wIldlife habitat, vegetative diversity and other benefits, City staff has been workIng with MnDOT to mitigate a portIon of those Impacts within Chanhassen. MnDOT investigated several sites withm the CIty for mjtigation potential. One of the sItes (known as OF-5) will be constructed. It is located along Bluff Creek, northwest of the intersectIon of Audubon Road and Lyman Boulevard (Attachment 1). Properties in this area are owned by the City of Chanhassen and Independent School District 112. The City is currently working with representatives from the school district to secure a wetland easement over their property. No private properties are proposed to be impacted by the wetland mitigation activities. The wetland boundaries post-construction will be consistent with existmg wetland boundaries. This project WIll result in the creation or enhancement of over 43.49 acres of wetland in the Bluff Creek corridor. MnDOT anticipates receiving 8.19 acres of new wetland credit (NWC) and 10.73 acres of public value credit (PVC) as a result of the proposed project. BLUFF CREEK WATERSHED NATURAL RESOURCES MANAGEMENT PLAN This site IS identified as Site 2d in the City's 1996 Bluff Creek Watershed Natural Resources Management Plan (Attachment 4). The Plan recommends remeandenng the creek, restonng wetland hydrology and The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. k - Trunk Highway 212 Off-Site Wetland Mitigation August 28, 2006 Page 2 of 3 reestablishing native wetland vegetation. All three of these components are addressed by the proposed wetland mitigation plan. BUDGET The City is not responsible for any costs at this time. MnDOT will fund wetland construction, revegetation, and monitoring and maintenance of the wetland until the site is approved by the Technical Evaluation Panel (TEP), following the guidelines set forth in MR 8420 (the Minnesota Wetland Conservation Act). This will likely be approximately 5 years. Following the approval of the wetland by the TEP, the City wIll take over responsIbility for maintaining the wetland. The costs of wetland maintenance wIll be integrated into the storm water management budget (Fund 720) and will be minimal when compared to the cost of the City completing the work. (In the 1996 Bluff Creek Watershed Natural Resources Management Plan, the estimated cost of the project was $83,000. Adjusted for inflation, the 2006 cost would is estimated at $107,000.) ANALYSIS If MnDOT is to complete this work, the City must grant an easement to MnDOT so they can construct, revegetate, monitor and maintain the wetland on City property. The proposed mItIgatIon is consistent with the CIty'S Bluff Creek Watershed Natural Resources Management Plan. The project will not require contribution of funds from the City until the wetland is established and approved. As a result of this project, wetland benefits that would otherwise be lost through wetland impacts associated with the construction of TH 212 will be retained within Chanhassen. The resulting wetland area will provide an excellent amenity to Chanhassen residents and the school district, and WIll provide a unique learning environment for the school district's future students. Staff recommends that the City Council authorize the Mayor to sign the wetland easement necessary to facilitate the construction of wetland on City property. RECOMMENDA TION Staff recommends the City Council adopt the following motion: "The Chanhassen City Council authorizes the Mayor to sign the wetland easement necessary to facilitate the construction of wetland within the Bluff Creek Preserve property." Trunk Highway 212 Off-Site Wetland Mitigation August 28, 2006 Page 3 of 3 ATTACHMENTS 1. Site map 2. Wetland Easement 3. Excerpt from Bluff Creek Watershed Natural Resources Management Plan, December 1996 G:\ENG\Lori\TH 212\OF-S Easements CC.doc Minnesota Department of Transportation TH 212 Wetland Mitigation OF-5 Legend ~ City of Chanhassen . J ISO 112 OF5 N W+E S 500 250 0 ~..,.....- 500 1.000 . Feet WETLAND EASEMENT Dated: C.S. Parcel County of Carver For and in consideration of the sum of One Dollar ($1.00), the City of Chanhassen of Carver County, Minnesota, Grantors, hereby convey and warrant to the State of Minnesota, Grantee, a wetland easement in perpetuity for the construction, maintenance and repairs of a wetland area, together with the unrestricted right to improve the same, free and clear of all encumbrances, on the tract of land in Carver County, Minnesota, described as follows: Parcel 1: Southern 100 Feet of Outlot A, Chanhassen Business Center Parcel 2: Outlot A, Bluff Creek Estates 1st Addition Parcel 3: Outlot A, Sun Ridge 3rd Addition Grantors are the owners of the above described premises and have the lawful right and authority to convey and grant the easement herein granted. Said Grantors consent to the creation of a wetland and agree that their interest in the property will be subordinate to the restrictions and covenants related to the creation of said wetland. Grantors consent to the placement of a perpetual conservation easement over the above described premises and agree to cooperate with the establishment of such an easement. Grantee has full right to hold and dispose of all wetland credits associated with said wetland. Grantee shall have the right of ingress to and egress from the hereinbefore described property. The said Grantors do hereby release the State of Minnesota from any claims for damages to the fair market value of the above-described area covered by the wetland easement and for its use, or any claims for damages to the fair market value of the remaining property of Grantors caused by the use of the wetland easement, including grading and removal of materials from said easement area. Notwithstanding the foregoing, Grantors do Page 1 of 2 not release any claims Grantors may have as a result of the negligence of the Grantee, its agents or contractors, in conducting any of the above activities. Thomas Furlong, Mayor Todd Gerhardt, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this , by day of NOTARY PUBLIC My commission expires: This instrument was drafted by the State of Minnesota, Department of Transportation, Metro Right of Way, 1500 W. County Rd. B2 Roseville, Minnesota 55113 g:\eng\lori\th 212\wetland easement rnndot.doc Page 2 of 2 A. 3 LowlaVlds ~ ~ .. 2d - CreekMletland Restoration In Its natural state, north of the rail road tracks, the creek IS wider and shallower with a symmetrical meander pattern. South of the railroad tracks and within City park property, the creek flows under a road via a culvert. At thiS point, the creek has been trenched and straightened. ConSiderations should be given to restoring thiS portion of the creek, which extends south to the wetland complex. Restoration of the creek would Involve moving the creek channel "I'. away from"11le power line poles and recreating natural meanders. Slopes Into the creek would be reduced and stabilized through bioengineering. With more gradual slopes, the creek would be better able to overtop Its banks and spill out Into the adjacent floodplain. ThiS would Improve hydrologiC conditions for wetland vegetation and prOVide an excellent site to establish wetland plant species. The wetland complex on thiS site IS presently dominated by reed canary grass and patches of willow along the north Side, A few small areas of native wetland vegetation are present also. The upper portion of thiS site should be restored to lowland hardwood tree and shrub speCies, As soil wetness Increases, a tranSition to shrub carr wetland containing sedges, red olser dogwood and willow should be made. As conditions become still wetter, shrub carr should give way to emergent marsh and finally, emergent marsh should give way to open water marsh Just north of Lyman Boulevard. An outlet control structure With removable stop logs should be constructed Just upstream from where Bluff Creek passes under Lyman Boulevard. ThiS wetland complex will prOVide for water quality and quantty treatment to downstream reaches of Bluff Creek. Many of the wetland wildlife speCle~ listed In Appendix B for wetland communities would recolonize thiS site follOWing restoration, Presently, the lack of plant diverSity on thiS site limits wildlife diverSity by limiting available food and cover necessary for productive habitat. By creating a vanety of wetland habitats and restonng Bluff Creek to a natural stream, wildlife values for thiS site would be Improved Significantly Management efforts should stress protection of eXisting natural communities and restoration where practical. Restoration of agricultural land back to original Big Woods vegetation will enhance the ecological Integnty of these eXisting natural areas by creating more Intenor forest 131uff CreeiZ Watersvled NQtlAY'CI1 Re50lArCeS MaVlagemeVlt PlaVl " __c. -.. . .~J - ~ Page 69