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CAS-01_TH 101 ROADWAY IMPROVEMENTS PROJECTA 0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) Address City of Chanhassen 7700 Market Boulevard, PO Box 147 Chanhassen, MN 55317 1. PROJECT INFORMATION Applicant Name I Project Name Date of Application Kimley-Horn and Associates, Inc. TH 101— CSAH 18 to CSAH 14 Application I Number 2/1/2012 2012-01 Attach site locator map. Type of Decision: ® Wetland Boundary or Type ❑ No -Loss ❑ Exemption ❑ Sequencing ❑ Replacement Plan ❑ Banking Plan Technical Evaluation Panel Findings and Recommendation if any): ® Approve ❑ Approve with conditions ❑ Deny Summary (or attach): 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: March 6, 2012 ®Approved ❑ Approved with conditions (include below) ❑ Denied LGU Findings and Conclusions (attach additional sheets as necessary): Kimley-Hom and Associates, Inc. has performed a wetland determination and boundary delineation for a property located along TH 101 from CSAH 18 (Lyman Blvd) to CSAH 14 (Pioneer Trail) within the potential project area for the TH 101 Road Improvement Project in Chanhassen, MN. This review identified and delineated five wetlands within the potential project area. Wetland Areas 1, 3, and 5 are classified as Type 2 — Fresh, wet meadow. Wetland Area 2 is classified as a Type 3 — Shallow Marsh wetland. Wetland Area 4 is classified as a Type 2 — Fresh, wet meadow, Type 1 — Floodplain forest, Type 3 — Shallow Marsh, and Type 6 — Shrub -Carr wetland. All wetland areas are identified on the National Wetland Inventory, and the City of Chanhassen Wetland Inventory. Wetland area 1 was identified on the DNR PWI as #214W. A Technical Evaluation Panel (TEP) meeting was held on June 23 a, 2011 to review Wetland Areas 3 and 4. No changes were made to the wetland boundaries as a result of the TEP meeting. As LGU, we concur with the wetland boundary and types identified in the report. This concludes our review. Upon the provision of the electronic representation of the delineated boundaries ('.shp or •.dwg), this delineation will be considered approved. SCANNED BWSR Forms 11-25-09 Page I of 3 • For Replacement Plans using credits from the State Wetland Bank: Bank Account # Bank Service Area County Credits Approved for Withdrawal (sq. ft. or nearest .01 acre Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For project -specific replacement that is not in -advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑ Deed Recording: For project -specific replacement, evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request. Name Title Terrance Jeffery, WDC Water Resources Coordinator Date Phone Number and E-mail 3/6/2012 952.227.1168 Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: N Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. Send petition and $50_00 fee (if applicable) to: petition and $500 filing fee to: Chanhassen City Council Executive Director c/o Todd Gerhardt, City Manager Minnesota Board of Water and Soil Resources 7700 Market Blvd, PO Box 147 520 Lafayette Road North Chanahssen, MN 55317 St. Paul, MN 55155 BWSR Forms It -25-09 Page 2 of 3 • 4. LIST OF ADDRESSEES ® SWCD TEP member: Greg Grazcyk BWSR TEP member: Ken Powell LGU TEP member (if different than LGU Contact): DNR TEP member: Michael North DNR Regional Office (if different than DNR TEP member) John Gleason WD or WMO (notice only): Riley -Purgatory -Bluff Creek Watershed District Applicant (notice only) and Landowner (if different): City of Chanhassen Members of the public who requested notice (notice only): Beth Kunkel, Kimley-Horn and Associates, Inc. Ashley Payne, Kimley-Horn and Associates, Inc. Corps of Engineers Project Manager (notice only) Michael Setering BWSR Wetland Bank Coordinator (wetland bank plan applications c 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives, see: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas.pdf ➢For a list of DNR TEP representatives, see: www.bwsr.state.mn.us/wetlands/wca/DNR TEP contacts.pdf ➢Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southem Region: Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources 2115 B rchmont Beach Rd. 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South NE Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 Bemidji, MN 56601 For a map of DNR Administrative Regions, see: h_ptt :Hfiles dnr.state.mn.us/aboutdnr/dnr regions.pdf ➢For a list of Corps of Project Managers, see: www.mW.usace.army.mil/regula!Mry/default.asR?Pageid=687 or send to: Dept. of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 ➢For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: ® MN WCA Application for Approval of Wetland Type and Boundary ® Wetland Delineation Report prepared by Kin ley -Horn and Associates, dated 02/2012. BWSR Forms 11-25-09 Page 3 of .IPYII('-\TIO\FOR DEP%RTtiFNIT OF Ili EARYIYPERN111(33CF14325) O\III APPRO\\L NO. 11'16-003 FvPice. Oec31. 2003 r:-� ^'... uu S+:.c..,.e -.... .. : s..:..t.; •. .,.._. rti, a�.:.....a..-h+.. z. r..,:.on al un,.-a et:_x: ,.rie., L u:4e1.+ ..ifai x.Nytaplaa: !_I ad:rw ,Ja,Fa -.a.+' bt Mm:m Ca?:.62-tm Anro. -d:6.dp,•-ay...a. R....n-.:Fr;_a< G:aa1, '�;}.. %L%.hehr 2ix ^y:;l k.-ri• .r, .. ,..w. a, -vw. �eu..::p «n .:,ar r+.,:.-:n ITI rk tL nIT _:d•..0 w of rvak% 1:: vo:: III!,; anh f :u::.vcn:.f:nhem..:,w .1 ItrX) SUT Ia.x. u:.M-ran x em:xM :J:1 O}!n srua nca:dv-< pt:..u• RC'...+:.- [.den t•. aNYro!•,-e .a.a-r: ('-: ...a,.n"'.__v. mua la._F nia::a'^cb:'-zem...wl.,...ay rnv ,..: .xmu!lai z.a u.:Sr t<-;-. 4:uvin PR1\' %(T iC T ST.nIEarTCI: 4.•i:ea:m1 3i • K ! i!: Nana< Pcpew:, rt<.carch a:.J u::.<..m:. a.: :ttiC 1J1 S-a,u i:A ibe:.po. p..�^.c. (nl ,.•u, p,=srl�v_. d'Ha ...iru<.duu „ erg:»aaw ix +emm Re:w:.:r•=?hi: :rt:.up evn ma)'a xi en4.aWrne lkt-'vmw...•f:u.ux aeJ•aF,ec}cy.ry. ;:z•e, wH.mt {::cry n:amn en::a Ser f feyea:<imf vtit,I-'::nt>n. hoeo:r if ITEMS 1 THROUCII 4 TO BE FILLED IN BY THE CORPS I APP(.ICATR)NNO 12 FIFLD OFricr. Ct1DE 1 3 DATE RF'C-E;VED ( 4 DATL APPLICATION Cc AIPLETED YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12.25 in the SHADED AREAS. dO applicants must compilic non -shaded items 5 au,126. if:ut agent is a?ed also amaplete i:ctm 9 and 11. This optimal Fctfcrai form is valid inr use ants %%Illt inchtakd as cut of thu enure state aonhcmion Dzekct. S APPLICANT ] NA%u_ k %UrffORITED AGENT'S NA\IF AN:DTITLE ton 2geni a !mt mq.tra) City of Chanhassen. Kimley-Horn and Associates, Inc; Beth Kunkel 1 6. APPLICANT'S ADDRESS ! 9_AGE\1'S ADDRESS I 7 APPLICANT'S PHONE NO 10. AGENT'S PHONE NO. I1. STATEMENT OF ACI'HORIZAT ION gt:yt(dxa,SJr, coarplee only rl1twohnrcfog art ✓Fvnq I hetchv authonc: Beth Kunkel (KHA) hr as on mF t'_•IcHas nn agars in tls pro.aimg of thu ipphCu un and to fmrrish. upon %,juCA, sappltmerpaS mfurmalio.^l in suppon of tth/yn n;I a^.phromi APPI.K:.A.Nf SSR;NATLRE (�/ - %` DATE- I//4"r / L- 12. PROJECT NAME OR TITLE (see instraclion:) 13. NAME OF W'ATERBODY. I F KNO\% N (if apph"ble) 14. PROJECT STREETADDRESS(ifapplicable) IS. LOCATION OF PROTECT lb.OTHER LOCATION DESCRIPTIONS, IF KNOW' IN instructions) 17- DIRECTIONS TO THE SITE I8. NATURF OF ACTIVITY 19. PROJECT PURPOSE 20. REASON(S) FOR DISCHARGE 21. TYPES OF MATERIAL BEING DISCHARGED AND T HE AMOUNT OF EACH TYPE IN CUBIC YARDS 22. SURFACE AREA IN ACRES OF WFTLANDSOR OTHER %\ ATFRS FILLED 23. IS ANY PORTION OF TDE WORE: ALREADY COMPLETE'. YES NO_IF YES, DESCRIBE COMPLETED WORK 24. ADDRESSES OF ADJOINING PROPER I OWNERS. LIST OF OTHER CERTIFICATIONS OR APPROVALS, DENIALS RECEIVED FROM O'FLIER TEDERAL• STATE OR LOCAL AGENCIES FOR %PORK DESCRIBED IN THIS APPLICATION 26. Application is hcrohy made for a permit or permits reauthorize the %cork Jesanbcd inlhis application. I certify that tie: information in this application is complete it rd accutak:. I lurther certify that I possi s the autha-it, to uncknake the. \cork J,`tvibed herein or am acting as the duly authorized agent of the applicant. / __ I , lit / � I Z �e. G'1v /w-CGfLiG:-( ��'4• - .E/ S�LLLLLLturc oiapplicull li,,w Sigmsrare olagem Rfan)) Dat< Tin application urea be signed M the prwn oho kstres to uomnake We proposed acuvrn (applicant). or It t», be vgnad by a duh-authorizeJ %gem It the amLLmcm to Bieck It has been filled oat and signned. IB I'.SC. tieetbn I001 mo%tdcs that. WToevs. in art} manes auMn the)uns,it von of am Jcpanmrnt ar sgslcy of the Unae1 SrRCs knuom¢Ip and adlfcRy ilifr:s, mncwis. a covma ap arth an) ruck. %teem:. w Slsguitos a matslai Ltt or makes rn.v false, Octmmcs of frauJatem. natemerr, or rePreumatans or makei ar uses am f lst torture or (locument knmvir a same to contsin an% false. ftcndoos of IiateWcnl sveme+N or entry, shah K` F=J nor more thin e10.000I %.r impnaonal nor more cur. rive y:an or both FFJG FORM 4345. Jul 97 EDITION OF FFB 91 IS OBSOLL E. Wropol!ent: CEC%6'-0R) Mermesota l.nwPStato Fedsal dppYrauon Forms inr Wars: \\eland Prolceu Page SCANNED NA-026620-03B (V.2.02 for MS WORD) 9/172007 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 I: BASIC APPLICATION "See HELP" directs you to important additional information and assistance in Instructions, Page 1. 1. LANDOWNER/APPLICANT CONTACT INFORMATION (See Help 1) Name: City of Chanhassen Phone: 952-227-1169 Complete mailing address: 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 IA. AUTHORIZED AGENT (See Help 1A) (Only ifopplicable; an agent is not required) Name: Beth Kunkel Phone: 651-643-0455 Complete mailing address: 2550 University Avenue West Suite 238N E-mail: poehme@ci.chanhassen.com E-mail: beth.kunkel@kimley-hom.com 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): 214W, 215W (Check all that apply): ❑ lake ❑ River ® Circular 39 Wetland type: ® 1, ❑ 1 L, ® 2, ® 3, ❑ 4, ❑ 5, ® 6, ❑ 7, ❑ 8 Wetland plant community type': ❑ shallow open water, ❑ deep marsh, ® shallow marsh, ❑ sedge meadow, ® fresh meadow, ❑ wet to wet-mesic prairie, ❑ calcareous fen, ❑ open bog or coniferous bog, ® shrub-cart/alder thicket, ❑ hardwood swamp or coniferous swamp, ® floodplain forest, ❑ seasonally flooded basin Indicate size of entire lake or wetland (check one): ❑ Less than 10 acres (indicate size: 76 ac) ❑ 10 to 40 acres ® Greater than 40 acres 3. PROJECT LOCATION (Information can be found on property tax statement, property title or title insurance): Project street address: Trunk Highway 101 from CSAH 18 to CSAH 14 Fire #: City (if applicable): Chanhassen '/. Section: Section: 24, 25 Township #: 116N Range #: 23W County: Carver Lot #: Block: Subdivision: Watershed (name or #) Minnesota River 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 OF 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 projecL This is the most important part of your application. See HELP 5 before completing this section; see What To Include on Plans (Instructions, Page 1). Attach PROJECT DESCRIPTION sheet. See attached. Footprint of project: 1.84 acres or 80,150 square feet Filled 6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts to wetlands or waters? last 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 PROJECT ALTERNATIVES sheet if needed See attached. 7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wetlands, list the complete 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 wetland or water areas already completed? ❑ Yes ®No. If yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8) 9. STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that are either pending or have already been approved or denied on a separate attached sheet. See HELP 9. 10. 1 am applying for state and local authorization to conduct the work described in this application. I am familiar with the information contained in this application. To the best of my knowledge and belief, all information in Part I is true, complete, and accurate. I possess the authority to undertake the work described, or I am acting as the duly authorized agent of the applicant. Signature of applicant (Landowner) Date Signature of agent (if applicable) Date This block must be signed by the person who desires to undertake the proposed activity and has the necessary property rights to do so. If only the Agent has signed, please attach a separate sheet signed by the landowner, giving necessary authorization to the Agent. 'See Wdland Plana and Plant Communities ofMinnesotn and 97sconsin (Eggers and Reed, 1997) as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers. Minnesota Local/State/Fedeml Application Forms for Water/Wetland Projects Page 1 thepublicburden forthiscollectursofinfortamen is estimated to average 10 hems per response, although the majority of applicationsshouldrequat 5 hours or less. Rusmcludes the time for reviewing maniceosu, searching eziaing data sources, gathering and maintaining the data needed mid completing and reviewing the collection ofinformation. Send comments regarding this burden estimate, or any other aspect ofdos collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate oflnfotmetion Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204. Arlington, VA 222024302; andto the Office of Management and Budget. Paperwork Reduction project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a cunendy valid OMB control mother. Please DO NOT RETURN yourform to eitheroftheseaddresses. Completed applications must be submitted to the Duatictenpecer havingjurisdimon over the location ofthe proposed activity. PRIVACY ACT STATEMENT: Authorities: Rivers and Harbors Ad, Section 10, 33 USC 403: Cie. W ter Act. Section 404,33 USC 1344; MannePrmection, Research and Sanemanes Apr, 33 USC 1413, Section 103. Principal purpox: Information provided an this form will be used in evaluating the application for a permit. Routine uses: This information may be shared with the Depamnart of Justice and other Federal, gate, and local government agencies Submission ofrequeaed information is voluntary, however, if information is not provided, the pemtit gralicatim cargos he evaluated nor can a permit be ismed ITEMS I THROUGH 4 TO BE FILLED IN BY THE CORPS 1. APPLICATION NO. 1 2. FIELD OFFICE CODE 1 3. DATE RECEIVED 1 4. 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 8 and 11. This optional Federal form is valid for use only when included as Dart of this entire state application oacket. 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) City of Chanhassen, Kimley-Horn and Associates, Inc; Beth Kunkel 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS T APPLICANT'S PHONE NO. 10. AGENT'S PHONE NO. 11. STATEMENT OF AUTHORIZATION (fapphcable; complete only fauthorizoig an agent) I hereby authorize Beth Kunkel (KHA) to act on my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support offthis p/�^it application. APPLICANT"S SIGNATURES. 1/ /!.(w(�Z`� DATE.Z- 12. PROJECT NAME OR TITLE (see instructions) ' 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) 15. LOCATION OF PROJECT 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) 17. DIRECTIONS TO THE SITE 18. NATURE OF ACTIVITY 19. PROJECT PURPOSE 20. REASON(S) FOR DISCHARGE 21. TYPES OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES NO IF YES, DESCRIBE COMPLETED WORK. 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, 25. LIST OF OTHER CERTIFICATIONS OR APPROVALSIDENIALS RECEIVED FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION. 26. Application is hereby made for a permit or permits to authorize the work described in this application. 1 certify that the information in this application is complete and accurate. I further certify that 1 possess the authority to undertake the work described herein or am acting as the duty authorized agent of the applicant. �ture ofapplicant—Clater Signature of agent (if any) Date The application must be signed by the person who desires to undertake the proposed activity (applicant), or it may be signed by a duly authorized agent if the statement in Block I I has been filled out and signed. 18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up with any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than S 10,000 or imprisoned not more than five years or both. ENG FORM 4345, Jul 97 EDITION OF FEB 941S OBSOLETE. (Proponent: CECW-OR) Minnesota Local/State/Federal Application Forms for Water/Wetland Projects Page 2 0 Minnesota LocaVState/Federal Application Form For internal I'se Only Apphc..Iwr \o .<. 61 ut)!,o k ode flare hiitW A p li imoa Remited WaterMetland Projects Hate initial Aptlliwdon D zmed I. PART I: BASIC APPLICATION 1. 1%NIN)\\:\ERIAPPLICA\TCO\TACTI\FORII%I'IO♦ fSee Melp 1.1 \anie. City of Chanhassen Plante: 952-227-1159 F-malt: poehmeAa Chanhassen Cam Complete ma)ling .uUrv:,. 7 730 Market BKd PO Box 147 Chanhassen. MN 55317 I.I.: F-FjIORIZED.IGCXT ITee llelp 1. l• a),,ih ii:ayJa able.. as agent is nM nyaweA, \time: Beth Kunkel Phoney E51-E43-0455 F-mail Beth. kunkelCkanley-hom.00ftf C.mpina irwiling addn'ss: 2650 University Avenue West Sale 238N 2. XI?IF..'VI pp.. %ND SIZE OF PI BILK, WATERS or WETLANDS INIPAC FED IAUACII da4RGo11111 Prrdecl.lriu ,'tad. it n:dedi Name ar L D. of \t'at T: tmp.rty )i l ,:ppli:aMe: if Wwu-nL' 214W, 215W (Cluck all thm : pph ): ]Laos ❑ Ria:r tD C ircttlar 391Vcdund twpc: 0 L ❑ IL. 0 ?. 0 3, ❑ 4- 0 5- ®6. ❑ 7. ❑ 8 Weiland plant community open ,i ater. ❑ deep mash 0 shathna marsh ❑ seder' m,'adrav ® Westin meadn%v. ❑ x,t m Nil-tttcsio prairie. fell. ❑ qvn be, or nmiRrou, her. ®sMul*carraldaT thicket. ❑ tard000d;s\samp M oxmifenaa stsaam. 0 tkhh!piain forest ❑ ae.f omnllp Ilnhled ha,in lodiattc :ize ofen iro lake or %wiland tched one): ❑ Lc., than la were, liidi,atc site. 76 ae) ❑ Ill to 40 arcs 0 Gntza thin 40 uaes 3. PROJF.Cr LOCATION flnlartthnicRi,M to hdatJumproj.v kr hn'±lutemew ia..^er(\ true of, rtd.•:nrrr,P1: r1. Nnyer. ,u,ci address: Trw* Highway 101 from CSAH 18 to CSAH 14 Fire City lithppdicahlc): Chanhassen ';Smiwn: Section:24.25 rtrutis p0.:118NRange r:23W Cation•: Carver I to n: Block: sulidia hfun: N'atcrslied (mitre o: 0 Minnesota River UTNI locatimu N I: Anach n simple saw h,cator mar If corded include on the map %winen dirm-firms In dx ,ile thrift a known loalk)n or landmark. end R°t ide tfiaaacxs trmn krto,m i�atim-. 1 all the slwnt S1TF L{)C' 1!C)R Jt1P. 4. TI PE OF PROJECT: IE::erih• fix type of pnrpo,e i %Mk. Altadt 7)'PF t)FPRWF(-Tshttt if nocdML See attached. S. PROJECT PI'RPOSF DESCRIP"I IO.\ :\\D DUIE\SIO\S- (xseritt uhm na1plan to do and aahy it 6 nedcd tun )mr plan w anmrrua the project oath danensiwls t Inlgnh. uiddt &�pth 1 aea of impair. ant a\�r'n a au prapth to tamctrtrct tM: projaYl. Thu is the mail important part of )•our application. 4e 11FI.P S before crmpkdoe this section: we What To Include on Plans (Instmairin& paw 11, Auach PR0JE{7D"('RIP'1'70V slx,L See attad)ed. Fnaprim of projeal: 1.84 aaTes M K 1311 square feel tick tL 6. PROJECT" ALIERSATIVES: \1"hat alternathes to this prip,.ed project haw all: conmdered unit aeadd avoid or moncri a impowls to ntthmds,x waters? Lisiat scut TWO addhimhd alhnkaaaes to yamr pmjsYt in tiection 3 that a, ad uttlattds tune of tibial rtmybc'na hailS'M"do notlthtg"1. arks czpuin wh))ty duke[° pursatlle optimd,x:ihJin[his applicatitat over ih,SC altemmiacs. Alcalt PNOJF.CT ALTFR.I;f 17CFS alnxt ii rhY^.kd. See attached. 7. .UM01NIl PROPERTY O-ANEILS: Fox progaasth:r. imrai mowthan lu.tN(),quac fret of\aatcr ur aM1t9larkls. list duwmpletc {nailing adrkcv.:� of Wjaura prtlpenmalxrs tm an auxheJ selkiratc ,hc1t ISaC IIEI.P 71 A. PORriO\ OF'VV0RKC0M1PL! FEW 1, am polinn of'dte„Mk in xethatd or,aaxr area, already complklcil? ❑ Yes ONo. If cis, dsaTibt the awuplet,d u,ak m a xp.vate aFteel a paper tabled \I"OR6.ILRF..\DI" COUPLE -I FI). (Sec HEI.P Al 9. STATLSOFOIIIF.RAPPROY:ALS: List any catxr }arnit.re, iensatr appnu,:l.rcl:netl to this propssaxl project thx arreiarer peldioAM hint already {been apprtned M denied an a wpanto 311achsd1I1rrt. See HELP 9. 10. 1 am applying for Mate and local authorization to conduct the Work des Nd in this appli,mion. I am f'amiliar,aith the information cornained in this app:ication. To the ha at mi kr na icdre oral belief: all inrixnta6at in Pan I is true. co npk9e. and accurate 1 pmsess the amaorin to midtnake the utrk de,crihe& or I am acting a: the duly militarized agent of rite applicant. .Ggrlvuar ofamdinux d.asHnmrr) Vale Slglialrav aj ag"r rijnllr(i:ahiet Drae The Hock ma.t K- tiancd to the personoho drsau to ardata{:ethe rrupo>.dWniq"an:l7us the neceesan prtahTn nghstn tb ao Il oni) the Ascot fel PtnM 0cau aacsh e separat; :Neat ,rg,,d h as, la.xfowr.,r, a,wg nere,vn aornor goon w the Agent 'See a'rrrrtnd Ptnno and Ptmat tf afinanata and 117rrwuin {£ty^err, and Reed. i"1r as modified hj the Board of R"aler and Soo Ittsoarcce, toned Ame+ Arm% Corpa of Faxiaeera. Minnesota t.oaa4Statcl'ednal :Application Forms `m \\'vas.Y\ enaM Pro)e,ts Page I U'1'11( I_10% FOR DEP XI%I P.] OF 1IIE RM% I'l 101 rF 33( Im 12:1 IMIRyPPROX kLN(.(f7hWW F'Wm 111!1-31. 3111.1 _ .::c:r.;'':::..:..a.:..r.,»nn...cau.: ,v..:.npi :::.' 3�:_:cx::: `..r.•:: ...........e ::c]n�:ph wlkw+n a:ct .`tS.:�1 ,..:::o.•x:.:�.:•:..•u-ucn•+ur>.t.a..a�o-fw:, ':Y•.-dA:.mar: w:.�::,+.: -...^: - •: x::h..^:: a:,rP. h•D_; StD.:u.•:t4!-rKu"al'[nF'.: ii:-�....v:na::.:.:.r:-^._v rHei_:::ra::U�.u:aimu�up:+x.1:S3 L•tl:n. u.:;.:v -.r. ..._.-., c'�~:_:: _:?+"..:As[tc pnia.:f 51.r.,aamn^ .::d 1'r.Jcu:. .. -._. ::. .. ...tt P:hc�x.ti [X:t^a3 Ifs{.:::..^I.....a..:'.�.:aa l: .1/fY•) "aa:�, .. a.:M'+.11M: .1:.M1T�.1'i% .d•.ao tr an= c:: .. -ol• .. ._. :^R+n?tmnnn.Ax. m: e.gs�.•Pm:ah�:.: .p^.i8< cle _._'�,:: ♦UT PE rt dC;,w frnay. • auxrora:v as k;. ;. f>::'.:%:.: :a r`-A• ^^�a:•�'�:,-k:ntca[P:nc 9awn:aeyuP::: L..,mp V.va�c ._, ::tz i., dtFr P:. ,. PRIM tC1'.aC'T>TATEq F%1: ,.. .ry n,,fS-rc t:f Sf:era 1 01 t R .tvsM.,N'.a_`:. f�S:un++4c:'3i:+K'irs Y. .•.... <o:.�.*..+.i ia:+na un. Act i? Li( a I:, a:<'n;: }.r , .. . L-,hvna:. r. F:.:.:CtA n.ev...:a+n "I b oae]v, aabrty ut Kfbax,: Pv.;vr:. ; 3 ... aa ht ok..4x,a tlb nnY: .4•nt.sn• .T •a4 skrm H 4 ' JJ:, t1 ,tnryzsn.f,rt. necna t:: �aa•:•. .., a :i ITEMS I I I1R0t�G114 TO BE FILI_F.D 1\ By TI)E CORPS I APPI, RA: R;?\I! 1::1r:n 11'I'i(TC(4)F 11 D%IF RPCEIV7;3 1 : );'i a:5:wxlh)NCOMPLETED YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12.25 in the SHADED AREAS. :IB.c \ii::a±!; nms± a,f¢tpl.rc eoa-slladcJ ao,u<::PtJ .a. ifan ,•trt is ;:;.,: also a•n'.p'.sna i:ras 9 and 11. This optional Fetlectl form is valid i:n uie nnlp tYlwn irutlai\:8.:, f:a1 vi ?au nret state PI`'.-;a:on paid. S APM.R'AN't a NAM! Cite of Chanhassen. t 5. APPLICANT'S ADDRESS a AGTHORIZF.D Atil: NT'S NA?I' ASD IT[t l: r,a x�a n :..: r:q_zeJr Kimley-Hon'. &:a AssoWles. lnC; Beth Kunkel 9-WE4TS ADDRESS T. APPLICAYPSPHnNE NO In . k rinr'4 PHONE NO. 11. SI'ATF V E.Yr OF A C'rFIGRIZATiO4;f? a:pp/harh:.•, a.,.,.n4:: enh d.rob ••.anz y,, vgtny . ,txla+nzC Beth Kunkel (KI1A) .+ x::.;:� ir: ...,.: ar ml agsrt [n :& ry oaxs;na et lhn n(>FLwuon mrL m funaa:'h upon rc;uc.t.:a?f;;m=:c;i nticnel:0:: in sntywn 0 �1 v UUff+aIm, APPik.'.:\41 "q Sl:i� l' I ?t!- i .lfj"l �•. D.i7L F.1 /+fi i�- IT.PHO)I:CI NAMF. (Ri Tll"LEt.ac t,ssttettirns} 13. NMSE OF YYA7'ERISUDY. IF KNOi4\ (iF algd4ablel .14. I%OJFA.T STRIXI! AODM5 IiraP."liwdc), iS,iACAT1UN O`PRCJIECT - .. .. - 16. OTIJER LOC¢TSON DFSCRIMONS, IF LNOIYNIsa.. inllr9-lilme) - - I7. DQtECTNNS IO.iNE B:fQ ': IS. NATURE Of ACTIVITY _ 19. PROIFCT PijwsE .. - 20. REASON{SIFUR 1)iSCHARGE ' 21, TITES pi'.ALAY6'RIAL;BE4tiG jJ{SCIJARGED AND THE AMOUNT Or EiYCTTTYYE IN CUBIC 23. SURPACF.AQEA IR P<:$FSOh!Y'ETLANDS OR OTHER iY'ATERS I'ILLED •,' - - 23. 15 nFiY i+DRTItk70F'Y14C WORK ALP LADY CDlJPLFTEi]'£S NU`IF YES, lN4(;RILiE:;(X)1�CLIJFU lY'ORR - 24. AODREJ3YS OF A)MNINCr YRUPER FYUIFNER.S,7771—. 23.b1 r.Of OTHFRCERTirICATIO_NS ORAPPROVAt.S:'MNIALSREMk'!Dfti(lbl OTHt;RITDl I2AL'SI.iTI'QR LOCAL. AGERCI£S FOR WORK i3Esc..Rfit:'O INTHIS APPLICATION .. •.-; .'� '_ti. Applic mn 4s harclm rmdc for a p.?mi1 w permits R, 2u1h\vFn•, tie lreark &,vnbod in this oWIiL,, ion. I wxCfp MM the information in IN, appii alien is cvmpkte end aavlak:. I further emit v that 1 possess the ntRho i11 to rlt�axia4e ilk. svtsJlt dtsuifs'd Lxsin w am :kting a: lk� dnh' authorized a" of the appli =_ avfUAW .1 l Re are n. arPFxa W S;_nxu:c ofagrnt (traf )) Theap,TiKarlQn mg LC sigma b) flit pc•r.: "no Q'SL<. h:Ur4dl, Cthe plapoIra icu,wfir"Iacan}.orRm-!' h: i Vwj G• 4 OVIF aunwrovi agort if the shTvnlem in HkcA I 1 ka t+�D filia:! oat :na s:gtra. I a l'.SG Section tRBI 1rtm:Jt: that vVhoatM, in mqm:n:xr x>.bathcpaulanrn oi:.al a-Paru;ent m agemy of tM UaiteJ <t4en Lnax:neh ar:d x. ilih:l!S" ialai:ic; cono:a!; Or .wm nR nits aq tri+:k. schm>;, Or J!sgvw.i a r, .oral 6tt fK rnak.s any false, flauno!o' Or fmu,,Itm <wc^r.•c:s or ret•:c<.raatans or nmkc5m o.a•s amf]1:t aching P::elcOMCM /D,txloff SW Ns c+*r4aiD am f ts4. f'cl:tious ur SaadW,m statamntt er _rcn. eN+.!t ht FfeJ m:: nnre Ilan 31b Ctal tx inyviamu,J not nmrctMrt In. ):ars w Mtn FKG FORM 4-145, In! 9? t•1)I'rl(ri (l} FEH 91 !S OHS(11.filYi. (Propfa:cim U01I-Olti 31rm.'sda Local"StatavFedr41 Apgtnanon twee for tYats�tYeGaed Pr9Jartt 0 FOR LGU USE ONLY: Determination for Part l: ❑ No MICA Jurisdiction ❑ Exempt: No. (per MN Rule 9420.0122) ❑ No Loss: Lk B,...G, per MN Rule 8420.0220) ❑ Wetland Boundary or type ❑ Replacement required— applicant must complete Part II Application is(ebeckone): [I Approved Comments/Findings: []Approved with conditions(condilions attached) LGU official signature Name and Tide ❑ Denied Dare For All riculmral and Dmin age exemptions (MN Rule 8420.0122 Subps.I and 2B), LGU bas received proof of recording of restrictions (per MN Rule 8420.0115): County where recorded Dale Document = assigned by recorder LGU official signature Date Minnesota Local/Statc/Fedeml Application Forms for Water/Wetland Projects Page 3 PART II: REPLACEMENT PLAN SUPPLEMENT For assislance in completing Parr l7, contact our Local Government Unit or a professional consultant 11. DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: 1) Useone row of boxes for each wetland impact; 2) If your project has more than one wetland impact, reference you overhead view (part of Section 5) to this than by identifying and labeling "first impai and "second impact" on your overhead view; 3) If you are identifying only one wetland type within a given wetland impact area, 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 wedand impact area, use the extra dotted fines 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 information, call your LGU or SWCD office for assistance. (Photocopy than for more impacts, if needed) DESCRIPTION OF WETLAND IMPACTS Wetland impact (as noted on overhead view) [Area number] Watershed name or number (if known) Watershed and Bank Service Area 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) Minnesota 9 Type reed canary 0 ❑ Housing First River grass & pussy ❑ Commercial impact -.----- (Shakopee) p ----------------- ---------------- willow --- ------------ ------------ ❑ Industrial #33 ®Parks/recreation areas (21 9 Type3 narrow -leaf .04 ®Highways and cattail&reed associated rights -of -way --- ---------------- --------------- canary grass ------ --------- ❑ Forested 9 Type reed canary 04 ❑ Farmsteadslagricultural (31 grass & ❑ Vacant lands slinging nettle ❑ Public and semi-public (schools/gov'tfacilities) 0.83 Minnesota 9 Type reed canary [I Airports qiver [) grass & narrow -leaf ❑ Extractive (gravel (Shakopee) cattail pits/quarries) ----- #33 ----------------- -- — - —--------- ---------- ---------- -- - - ❑ Other: 9 Type 2 0.93 reed canary grass, spike rush ------------- '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 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 AREAS) IMPACTED FOR EACH WETLAND TYPE ON CHART (indicate acres® or.squarefeer❑) Welland plant community type': Shallow open water. Deep marsh: Shallow Marsh: 0.87 Sedge meadow: Fresh wet meadow: 0.97 Wet to wet mesic prairie: Calcareous fen: Open bog or coniferous bog: Shrub Carr or alder thicket: Hardwood swamp or coniferous swamp: Floodplain 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)? ❑ 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 ZONE: Please identify each wdland impact she noted in Section 15 thatis within 1000 feet of lake or 300 feet of river. Wetland 4 is within the shore)and zone on Riley Lake. 'See Werland Plants and Plant Communities of Minnesota and Wlammi In (Eggers and Reed, 1997) as mod rtSed by the Board of Water and Soil Resources, United States Army Corps of Engineers. Minnesota Local/SmtetFedeml Application Forms for Water/Wetland Projects Page 4 L 14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will beaccomplished (check only one box below and continue as indicated): ® A. Wetland banking credits only Complete Application for Withdmwal of Weiland Credits Form and include with you application. Copies of this form are available from your LGU, or download a copy from www.bwsr.state.mn.us 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. A Combination of wetland banking and project -specific replacement If using project specific replacement that will result in surplus wetland credits that you propose to deposit in the state wedand bank for future use, then you must submit a wetland banking application directly to your LGU before or concurrently with submittal of this form. Also, Complete Application for Withdrawal of Weiland Credits Form and include with you application. Copies of this form and the wetland tanking application is available from you LGU, a download a copy from www.bwsr.state. estrus Continue with Section IS below. 15. DESCRIPTION OF REPLACEMENT WETLAND(S) CONSTRUCTION (Complete this section only if you marked Boa Bar Box C in Section 14 above): Describe in derail how replacement wedand(s) will be constructed If several methods will be used, describe each method. Details should include the following: I) type of construction (such as excavated in upland, restored by tile break, restored by ditch block or revegetated); 2) type, sin and specifications of under structures; 3) elevations relative to Mean Sea Level or established benchmarks or key features (such as sill, emergency overflow or structure Might); 4) what best management practices will be implemented to prevent erosions or site degradation; 5) proposed timetable for sterling and ending the project; and 6) a vegetation management plan Write this description on a separate sheet of papa labeled DESCRIPTION OF REPLACEMENT WETLAND CONSTRUCTION. 16. SURPLUS WETLAND CREDITS: If using project -specific replacement (Box B or Box C in Salim 14 above), will the replacement result in any surplus wetland credits that you wish to have deposited in the State Wetland Bank for fnue use? []Yes X No. Ifyes, submR a Wetland Banking Application directly to your LGU before or concurrently with submittal of this form. Copies are available from your LGU, or download a copy from www.bwsr.siate.mn.us 17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below: 1) Use one row of boxes for each wetland replacement site; 2) If your project has more that one wetland replacement site, reference you 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 first dotted line(s) and leave the others blank; 4) If you have chosen to identify more than one wetland type in a given replacement site, use the extra dotted lines to indicate each separate wetland type, and identify types) of replacement credits and "restored or created" for each separate wetland type with that replacement she; 5) If you do not have access to some of the information, or if you do not know your replacement ratio, call your LGU or SWCD office for assistance. Photocopy chartfor more wetlandreplacemems, if needed) DESCRIPTION OF REPLACEMENT WETLANDS Identify Watershed County Section, Wetland Type(s) of replacement credits Restored Wetland name or Township Plant (in acres or square feet) or replacement number Community created? site orknowo) Range Typet New Wetland Public Value Indicate (as noted on Bank Service Credits (NWC) Credits (PVC) R or C overheadview) Area Name of First-------------- ------------------ ---------------------- ------------- replacement ------------- site--------------- -------- --------------------- Name of Second--------------- ------------------- ----------------------- - replacement7 L site . --------------- ------------------- I ------------------------ - If you are identifying only am: wetland type within agiven wetland impart a':use' ea, use the first dotted line and leave the others blank. If you have chmento identifymore thanone TOTAL NWC TOTAL PVC wetland type within a given wetland impact area, use the extra dotted lines to itd'cue each separate wetland type, and identify predominant vegetation and sin of impacted area for EBQUIRED REPLACEMENT RATIO: each separate wetland type within that im pact area. OIOWp) 2: Wetland plant community type: Shallow open water: Deep marsh: Shallow Marsh: Sedge meadow: Fresh wet meadow: Wet to wet mesic prairie: Calcareous fen: Open bog or coniferous bog: Shrub cart or alder thicker. Hardwood swamp or coniferous swamp: Floadplain forest Seasonally Bonded basin * See Weland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers. Minnesota L ocal/State/Federal Application Farms for Water/Wetland Projects Page 5 18. ADDITIONAL INFORMATION REQUIRED FOR PROJECT -SPECIFIC REPLACEMENT (Required only if you marked Box B or Box Cis Section 14): For projects involving at least some project -specific replacement, include the following additional information: ❑ Two drawings to Seale of the replacement wetland. Include both overhead view and profile (side view or cross -sectional view). See What to Include on Plans (Instructions, Page 3) for a detailed description of what should be included in these drawings. Without drawings, your application will be considered incomplete. ❑ For created replacement wetlands, include additional sods information (if available) that indicates the capability of the site to produce and maintain wetland characteristics. Note 1: For replacement wetlands located on pipeline easements, you need to receive endorsement of your 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 1-800-252-1166 (all 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 m) the following: topographic map, water table map, soil borings, depth soundings, aerial photographs, environmental 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 It is true, complete and accurate; and I affum that the wetland losses will be replaced via withdrawal from "account in the State Wetland Bank. FOR PROJECTS INVOLVING EITHER PROJECT -SPECIFIC REPLACEMENT ONLY OR A COMBINATION OF WETLAND BANKING AND PROJECT -SPECIFIC REPLACEMENT: PartA: The replacement wetland I affirm that the replacement wetland was not: Previously restored or created under 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 using private funds, other than landowner funds, unless the funds are paid back with interestto the individual or organization that funded the restoration; and the individual or organization notifies the local government suit in writing that the restored welland may be considered for replacement PartB: Additional assurances (check all that apply): ❑ The wetland will be replaced before or concurrent with the actual draming or filling of a wetland. ❑ An irrevocable bank letter of credit, performance bond, or other acceptable security has been provided to guarantee successful completion of the wetland replacement. ❑ The wetland losses will be replaced via withdrawal fiom an account in the State 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 replacement waland(s) will be located; and I will at the same time submit proof of such recording to the LOU. To the best of my knowledge and belief, all information in Pan B is true, complete and accurate; and 1 affirm all statements in Part A and C, as well as checked assurance(s) in Part B. Signature or applicant or agent Date FOR LGU USE ONLY Replacement plan is(checkonc): ❑Approved ❑Approved with conditions(conditions attached) ❑Denied LGU oJ%icial signature Date LGU has receive evidence of title and proof of recording of Declaration ofRestrictions and Covenants for Replacement Wetland: Comfy where recorded Dore Document tt assigned by recorder LG U olfidal stgwture Dare Minnesota Local/State/Fedeml Application Forms for Wata/Wetland Projects Page 6 TH 101 — CSAH 18 (Lyman Boulevard) to CSAH 14 (Pioneer Trail) Combined Wetland Permit Application Attachments to Parts I and II October 30, 2012 4. TYPE OF PROJECT: The project consists of reconstruction of TH 101 between Lyman Boulevard (CSAH 18) and Pioneer Trail (CSAH 14) within the City of Chanhassen, Carver County, MN (Figure 1). The City of Chanhassen will improve the existing roadway by reconstructing the roadway from a 2-lane undivided highway to a 4-lane divided highway with curb and gutter, and bicycle and pedestrian facilities (trail on west side of roadway with an underpass connecting the trail on west side to Bandimere Park) (Figure 2). S. PROJECT PURPOSE, DESCRIPTION, AND DIMENSIONS: Purpose: The City of Chanhassen is proposing to complete the following improvements to TH 101: • Reconstructing from 2-lane undivided to 4-lane median divided highway with turn lanes and curb and gutter • Roadway grade modifications including flattening the horizontal and vertical curves of the roadway • Constructing storm water ponds to address roadway run-off • Constructing a mixed use trail on the west side and connecting it to Bandimere Park with an underpass The City of Chanhassen is proposing to reconstruct TH 101 from CSAH 18 to CSAH 14 by adding two additional lanes of traffic with a median separation, curb and gutter, and turn lanes. The project would improve the ability of the corridor to function as a minor arterial roadway and would allow for added capacity of a four -lane divided facility. The project will modify the road grade to flatten the horizontal and vertical curves which will improve safety and crashes within the corridor. The existing sharp curves will be flattened, but the alignment will generally follow the existing alignment. The horizontal and vertical design speed of the Preferred Alignment will be 40 mph reducing the sharp curves and rolling profile that exists today. A trail will be constructed along the west side of the roadway from Bandimere Park to Pioneer Trail. This trail will be a 10-foot wide multi -use trail with a 5 foot boulevard between the trail and roadway with slopes on the west side varying from 1:3 to 1:2 along the DNR protected wetland area. The western segment will connect to Bandimere Park through a trail underpass. Another trail segment is proposed as part of the project along the east side of TH 101 starting at Pioneer Trail and connects to the existing trail within Bandimere Park. The intent of having trails on both sides of the roadway is to limit the need for at -grade pedestrian crossings (improved safety) due to the limited site distances presented by the road alignment. Dual trails are also consistent with City and regional trail plans. The number of access points have been reduced from eight to four from south of Lyman Boulevard to Pioneer Trail. The entrance to Bandimere Park and Wiilson's Nursery will be reconstructed to provide a common intersection for the park and the business. One residential access will be rerouted to the park entrance road. Two full residential accesses along the west side of TH 101 will be combined into one right-in/right-out access. One driveway entrance would be relocated and reconstructed to allow for access off Kiowa Trail instead of direct access to TH 101. The project will not relocate or remove any other access points along TH 101. Turn lanes will be provided at all public street access points (Pioneer, 96`b Lane, Kiowa Trail, and Bandimere Park). GE F1 and Asso6al�s, Vic n u TH 101 — CSAH 18 (Lyman Boulevard) to CSAH 14 (Pioneer Trail) Combined Wetland Permit Application Attachments to Parts I and II October 30, 2012 Three storm water ponds are proposed as part of the project. The storm water ponds will provide storage and treatment for roadway and trail run-off, improving water quality within the project area. ristin0 Cnndifin nee Wetlands within the proposed project area were delineated by Kimley-Horn in June 2011, reviewed in July 2011 by the TEP, and approved in January of 2012 by the City of Chanhassen. Please refer to the TH 101 CSAH 18 to CSAH 14 Wetland Delineation Report prepared by Kimley-Horn dated January 2012 submitted under separate cover to the City and TEP for delineation details (See Appendix A for Notice of Decision on the Wetland Delineation). Five (5) wetland areas were identified during the delineation in June 2011. Two of the wetlands were identified as DNR Public Waters Wetlands. The following table describes the different wetlands. See Figure 3 for wetland types and Figure 3 for wetland locations. Wetland DNR Public Plant Community Dominant Basin Size Identification # Waters # T Vegetation acres 1 214W Fresh Wet Meadow Reed Canary Grass 35.3 2 N A Shallow Marsh Cattails 0.94 Fresh (Wet) Meadow Reed Canary Grass / 4.0 3 N/A Shallow Marsh Cattails Shallow Marsh / Reed Canary Grass, 4 215W Floodplain Forest / Cattails, Eastern 25.4 Shrub -Carr / Fresh Cottonwood Wet Meadow 5 N/A Fresh Wet Meadow Reed Canary Grass 11.0 Welland 1 Wetland 1 was low depressional basin located west of TH 101 and north of Wilson's nursery (south of Lyman Boulevard). This wetland area was identified on the DNR Public Waters Maps as DNR wetland #214W. Wetland 1 is connected to Wetland 2 by a culvert under TH 101. Flow of water is from west to east. Welland 2 Wetland 2 was a low depressional area located east of TH 101 and north of the Bandimere Park entrance (south of Lyman Boulevard). This wetland area was connected to Wetland 1 via culvert under TH 101 with the flow of water being from west to east. We Hand 3 Wetland 3 was a low depressional area located directly west and across TH 101 from Bandimere Park. This wetland area is connected to Wetland 4 by a channel that directs water from Wetland 3 to Wetland 4. WeNand 4 Wetland 4 was a low depressional basin located south of Wetland 3, north of 96`" Lane, and west of TH 101 across from Kiowa Trail. This wetland was identified on the DNR Public Water's Maps as DNR wetland #215W. Wetland 4 is connected to wetland 3 by a channel with the flow of water being from north to south and the outlet to the basin being a culvert/channel just south of Kiowa Trail. Wetland 4 is connected to Riley Lake (# 10-2P) by this culvert/channel. WeNand 5 Wetland 5 was a low depressional area located north of Pioneer Trail (CSAH 14) and west of TH 101. This wetland was not identified on NWI; however, was connected to other wetland basins through a series of ditches and channels. CAI 1 and Assooftkx • TH 101— CSAH 18 (Lyman Boulevard) to CSAH 14 (Pioneer Trail) Combined Wetland Permit Application Attachments to Parts I and II October 30, 2012 Wetand H# In this location, given the topography and existing roadway, wetland impacts are unavoidable. The total permanent impact to the wetlands is estimated to be 1.64 acres. The permanent wetland impacts can be separated into three different categories; roadway impacts, trail impacts, and storm water pond impacts as shown in Section 11. Temporary Wetland Disturbance During construction of the roadway and trial, there will be approximately 0.67 acres of temporary wetland impact. This area of temporary impact is shown in Figure 4a-c. Temporary impacts are needed for surcharging where soils are not conducive for road construction and in areas where retaining walls will be constructed to minimize permanent wetland impacts. The temporary impacts are located in Wetland 1, Wetland 3, and Wetland 4. See Section 11 (See Figure 4c and Appendix B for Surcharge Information). 6. PROJECT ALTERNATIVES: At least two avoidance options are required to be evaluated for projects with wetland impacts. The City has evaluated the no -build alternative as well a roadway alignment to avoid the proposed wetland impacts. In addition, other roadway alignments and alternatives were evaluated to meet the projects purpose and need and were reported in the approved EA/EAW, meeting NEPA requirements. Each of the scenarios are described below. No Budd Alternative A No -Build alternative would entail making no geometric changes to the roadway or adding any additional traffic lanes or turn lanes. It would not serve the intended function of a minor arterial roadway. Safety issues related to the sharp curies, rolling roadway, and limited sight distance would remain or worsen with the increased traffic demand. Existing access points would remain, creating many conflict points. This would maintain and possibly increase the crash rates which are higher than the statewide average today. The existing roadway will not support local growth nor will it serve regional needs as TH 101 further south provides one of the only Minnesota River crossings in the area. The No -Build condition would not require any new right-of-way acquisitions or any wetland impacts. This alternative is not feasible as it does not improve safety and capacity within the corridor. The No - Build alternative does not address the purpose and need for the project. Road alignmentsMt A roadway alignment shift alternative was also evaluated. This alternative would require the four -lane roadway to be shifted to the east to attempt to reduce the amount of wetland impacts. The shifted roadway alignment would minimize wetland impacts to Wetlands 1, 3 and 4, however this alignment would result in impacts to Bandimere Park which is a Section 4(f) property. The shifting of the roadway would impact the ball fields, which would require substantial changes to the park. These impacts would require mitigation and replacement of the impacted parkland and park uses. This alternative results in substantial costs to the city for park reconfiguration and replacement parkland, and was not favorable from a Section 4(f) and therefore was dropped from further consideration. m / 1 Kimley- 40M \ m and Assodates, Inc TH 101 — CSAH 18 (Lyman Boulevard) to CSAH 14 (Pioneer Trail) Combined Wetland Permit Application Attachments to Parts I and II October 30, 2012 &W A trail is proposed for the west side of TH 101 from Lyman Boulevard (CSAH 18) on the north side to Pioneer Trail (CSAH 14) on the south side. This trail will be a standard 10-foot multiuse trail. The trail will connect to the east side of the roadway by an underpass at the entrance of Bandimere Park. This trail is a part of the regional trail system, and will provide the north south connection to the Regional trail system within Carver County and the City of Chanhassen. The no -build alternative was reviewed as part of this project. If the trail was not constructed on the west side of the road, there would be a safety concern for pedestrians trying to access Bandimere Park from the west side of the roadway. Pedestrians would have to cross down at the Pioneer Trail. The trail underpass located at the entrance of Bandimere Park would be constructed but would not connect the trail in the park to anything on the west side of the roadway. This trail is also part of the Regional Trail System in Carver County. Stormwater Ponds Storm water Ponds are to be constructed in 3 different locations along this section of 101. Ponds 1 and 2 will be located outside of any wetland areas; therefore will not impact wetlands. The southern pond (Pond 3) will be located northwest of the TH 101 and Pioneer Trail intersection will be constructed in the adjacent wetland. There were two pond size and location alternatives considered. The preferred pond location is a storm water pond located adjacent to the roadway. This pond will be approximately 1.7 awes in size. This treatment pond will collect run-off from 96`h Street to the Pioneer Trait intersection. This option would impact 0.88 acres of wetland. The ether alternative for the Ponds 3 location is a two -cell storm water system with an infiltration basin and detention pond. The infiltration basin is located in the parcel adjacent to the roadway right-of-way. The infiltration basin would avoid most of the wetland impacts; however, the detention pond would be located within the wetland area (Area 5). The pond would be a storage pond with an outlet into the wetland. The cost comparison between the two would be similar. The City would need to purchase approximately 3,000 sf more of Drainage easement from the landowners in the 2 cell system than in the one cell system. The maintenance would be greater for the two cell system rather than the one cell system. The two cell system would also require more easement as construction of the detention pond would be in the middle of the wetland. The detention pond would essentially stay as wetland; however it would change the function and type of that wetland area. The wetland would go from a fresh meadow to a deep marsh wetland. Due to the additional wetland impact (temporary and permanent), and a greater maintenance requirement, the City dropped the two -cell storm water system from further consideration. 9. OTHER PERMITS AND APPROVALS: The application is being submitted for City of Chanhassen and US Army Corps of Engineers approval. One of the impacted wetlands was identified as a DNR public wetland (Wetland 4, #215W). The DNR has verbally committed to waiving jurisdiction to the WCA LGU which is the City of Chanhassen. This would need to be confirmed by the DNR Area Hydrologist. Other: CC" � W. • TH 101— CSAH 18 (Lyman Boulevard) to CSAH 14 (Pioneer Trail) Combined Wetland Permit Application Attachments to Parts I and II October 30, 2012 An NPDES and SWPPP will also be required for this project. Erosion control measures will include erosion control blanket, slit fence/barrier protection at appropriate locations (wetland perimeter, inlet and outlet culverts), to minimize erosion with the channel. Any areas disturbed by heavy equipment during construction will be restored m preconstruction conditions as needed (surcharge areas). The NPDES permit and SWPPP will address any secondary impacts resulting from proposed construction. 11. DESCRIPTION OF WETLAND IMPACTS: Permanent wetland impacts are listed below by activity. WETLAND AREA TYPE OF IMPACT TOTAL (acres) ROADWAY TRAIL STORMWPONDS S WETLAND 1 0 0 0 0 WETLAND 2 0.04 0 0 0.04 WETLAND 3 0 0.04 0 0.04 WETLAND 4 0.58 0.25 0 0.83 WETLAND 5 0.04 0.01 0.88 0.93 TOTAL 0.66 0.30 0.88 1.84 The roadway reconstruction will permanently impact 0.62 acres of type 2 — fresh (wet) meadow and 0.04 acres of type 3 — shallow marsh wetland. The trail will permanently impact 0.30 acres of type 2 — fresh (wet) meadow wetland. The storm water ponds will impact approximately 0.88 acres of type 2 — fresh (wet) meadow wetland. The temporary wetland impacts are estimated at 0.67 acres of type 2 — fresh (wet) meadow wetland. Temporary impacts are as follows: WETLAND AREA TEMPORARY DISTURBANCE AREA acres WETLAND 1 0.02 WETLAND 3 0.04 WETLAND 4 0.61 TOTAL 0.67 14. WETLAND REPLACEMENT Wetland replacement for this project will be accomplished via a number of methods; restoration for temporary impacts, BWSR road way replacement bank, and city owned wetland bank credits. Onsite replacement was not encouraged due to the small size of the replacement needed (less than five acres), adjacent invasive species (reed canary grass), maintenance requirements, and low probability of long- term success. Restoration Temporary impacts will be provided at a 1:1 ratio to cover the 0.67 acres of temporary disturbance. The temporary impacts to Wetlands 1 and 3 will be restored within 6 months of the initial impact. Areas with temporary impacts will be restored back to preconstruction conditions (grades) and will be reseeded with native seed mix 34-181. Erosion Control Plans are shown in Appendix C. CC" xNAs> ' 0 TH 101 — CSAH 18 (Lyrnan Boulevard) to CSAH 14 (Pioneer Trail) Combined Wetland Permit Application Attachments to Parts I and II October 30, 2012 Due to the amount of time necessary to effectively surcharge muck soils, the temporary impacts to Wetland 4 is required for a longer period of time. The surcharge will be in place for up to 12 months. The surcharge specifications are included in Appendix B. After the surcharge is complete in the temporary wetland impact area, the surcharge will be removed down to 6 inches below the original wetland/water elevation and replaced with 6 inches of clean hydric soil. The area will then be reseeded with native seed mix 34-181. BWSR Roadway Replacement Bank Because the roadway improvements are safety driven, as described in the approved EA/EAW and confirmed by the TEP, the impacts from the roadway portion of the project are eligible to be replaced through credits from the BWSR roadway replacement bank. Since the replacement site is within the City of Chanhassen and the roadway replacement credits will be coming from the BWSR roadway replacement bank, the replacement ratio for the roadway impacts will be 2:1. Therefore, BWSR roadway replacement will be providing 1.32 acres of wetland mitigation credits for the 0.66 acres of impact from roadway improvements. City Owned Banked Credit The impacts that result from trail construction and the storm water pond location are not eligible for BWSR replacement credit. Therefore, city banked replacement credits, approved by BWSR and the Corps, available from the City's wetland bank (Account # 127) will be used for replacement of the wetlands impacted from the trail and storm water pond construction (See Appendix D for Bank Withdrawal Form). To cover the 0.30 trail impact and the 0.88 acre pond impact, the City will withdraw 2.36 acres of credit from its Bank Account # 127. TYPE OF IMPACT REPLACEMENT STORMWATER TEMPORARY METHOD ROADWAY TRAIL PONDS On -site 0.67 ac Restoration BWSR Road 1.32 Replacement Bank City Banked Credits 0.60 1.76 Acct# 127 TOTAL 1.32 0.60 1.76 1.84 Therefore, the project will provide 3.68 acres of replacement for 1.84 acres of permanent impact and restore the 0.67 acres of temporarily disturbed wetland. ATTACHMENTS: -Figure 1. Project Location -Figure 2. Roadway Improvements -Figure3. Wetland Types -Figure 4a-c. Wetland Impacts -Appendix A. Notice of Decision on Delineation -Appendix B. Surcharge Information -Appendix C. Erosion Control -Appendix D. Draft Bank Withdrawal form C / 1 wd Asi;OW s 1% 11 C� FIGURES [wrl amley440M m and AssociaK Inc u PARK BLUFF Q ��Ord�M HILLS", AR il 1'7 riC BANDIM PDARK LAKE RILEY RICE LAKE y I Minnesota Wetland Conservation Act Notice of Application Local Government Unit (LGU) Address City of Chanhassen 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 Applicant Name Project Name Date of Application City of Chanhassen TH 101 Roadway Application Number Improvements 11/06/2012 2012-01 Type of Application check all that apply): ❑ Wetland Boundary or Type ❑ No -Loss ❑ Exemption ❑ Sequencing ® Replacement Plan ❑ Banking Plan Summary and description of proposed project (attach additional sheets as necessa The location of the project is Section 24 and 25 of Township 116 North, Range 23 West. The delineation was approved in March 2012. The replacement plan indicates that there will be 1.84 acres of impact. The pain provides detailed information on alternatives, and options considered to avoid and minimize wetland impacts. The plan proposes that 1.32 acres (0.66 ac at a 2:1 ratio) would be replaced with BWSR roadway replacement and 2.36 acres (1.18 ac at a 2:1 ratio) would be replaced by using credits from the City of Chanhassen's wetalnd bank (Account #127). If you have any questions regarding this application, please contact the LGU listed below. 2. APPLICATION REVIEW AND DECISION Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 3 provides notice that an application was made to the LGU under the Wetland Conservation Act as specified above. A copy of the application is attached. Comments can be submitted to: Name and Title of LGU Contact Person Terry Jeffery, Water Resources Coordinator Comments must be received by (minimum 15 business -day comment period): December 5, 2012 Address (if different than LGU) Date, time, and location of decision: January 8, 2013 4:30 PM Chanhassen City Offices Phone Number and E-mail Address Decision -maker for this application: (952) 227-1168 ® Staff tjeffery@ci.chanhassen.mn.us ❑ Governing Board or Council Date: at viva tox'c- SCANNED BWSR Forms 7-1-10 Page 1 of 2 • • 3. LIST OF ADDRESSEES ® SWCD TEP member: Greg Grazyek ® BWSR TEP member: Lynda Peterson ❑ LGU TEP member (if different than LGU Contact): ® DNR TEP member: Jack Gleason ® DNR Regional Office (if different than DNR TEP member) Melissa Doperalski ® WD or WMO (if applicable): Claire Bleser, Riley -Purgatory Bluff Creek Watershed District ® Applicant (notice only) and Landowner (if different) ❑ Members of the public who requested notice (notice only): Beth Kunkel, Kimley-Horn and Associates, Inc. ® Corps of Engineers Project Manager (notice only) ❑ BWSR Wetland Bank Coordinator (wetland bank plan applications only) 4. MAILING INFORMATION ➢For a list of BWSR TEP representatives: www.bwsr.state.mn.us/contact/WCA areas.pdf ➢For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wea/DNR TEP contacts.pdf ➢Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources 2115 Buchmont Beach Rd. NE 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South Bemidji, MN 56601 Grand Ra ids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 For a map of DNR Administrative Regions, see: hitp://files.dnr.state.mn.us/aboutdnr/dnr regions.pdf ➢For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District, ATTN: OP-R 180 Fifth St. East, Suite 700 St. Paul, MN 55101-1678 ➢For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 5. ATTACHMENTS In addition to the application, list any other attachments: ® November 6, 2012 Permit Application and Attachments BWSR Forms 7-1-10 Page 2 of 2 C_I 1 Kimley-Horn and Associates, Inc. March 7, 2013 Mr. Michael Setering Army Corps of Engineers, Regulatory Branch 180 East 5 s Street, Suite 700 St. Paul, MN 55101-1678 Re: TH 101- Lyman Boulevard to Pioneer Trail (2011-02756-MTS) Dear Mr. Setering: ■ Suite 238N 2550 University Avenue West St. Paul, Minnesota 55114 Thank you for meeting with us regarding your evaluation of the permit application from the City of Chanhassen for the proposed TH 101 reconstruction project between Lyman Boulevard and Pioneer Trail. We have prepared the attached additional information in response to our meeting on February 27, and your February 4, 2013 letter requesting additional information regarding the need for the trail along the west side of TH 101, and the location of storm pond 3. The 404(b)(1) guidelines have been reviewed in preparing this additional information. Based on the City's comprehensive review of environmental impacts of this project, it maintains that the selected alternative results in the least environmentally damaging alternative given the other alternatives evaluated do not meet the needs of the project and other regulatory requirements. If you have any questions or require any further information, please give me a call (651-6434-0455) as the construction bids will be received in March. Thank you again for your review of this project. Sincerely, KIMLEY-HORN AND ASSOCIATES Beth Kunkel, CWD Associate Cc: Paul Oehme, City of Chanhassen Jon Horn, Kimley-Horn Attachment: Additional alternatives information ■ TrL 6516454197 SCANNED TH 101 — Lyman Boulevard to Pioneer Trail (2011-02756-MTS) March 7, 2013 TH 101 Trail Alternatives — Proposed trail on west side of TH 101 As stated in the EA and concluded in the FONSI, the trail on the east side of TH 101 is part of the Chanhassen Comprehensive Plan (Comp Plan), and the trail on the west side of TH 101 and tunnel are called for by the Metropolitan Council Regional Trail Plan. Purpose: Pedestrian and bicycle safety are the primary reason for constructing trails on both sides of the roadway. There are presently 20 homes on 961" Street that need safe access to Bandimere Park and the regional/city system. The city has identified in its Comp Plan the expansion of residential development in the current open space west of TH 101 (Exhibit 1). The number of trail users in the future that want to cross from west to east across TH 101could be significant once the residential development occurs, with up to 400 new residences being added west of TH 101. Given the curves and hills on this alignment, crossing the corridor by pedestrians at -grade is not safe, even in the improved condition. The sight distance will be improved by flattening some of the curves and hills, however, curves and hills will remain. The corridor is also being widened from two lanes to four lanes, plus turn lanes at intersections. Therefore, the time to cross the roadway will double due to increased width Safety concerns were the primary reasons why federal funding was approved for a tunnel underpass, to allow residents west of the road to safely access trails and parks east of the road. The tunnel is to provide access not only for current residents, but for future users as well. Avoidance Alternatives: Tunnel options: The trail is needed on the west side of the road to allow pedestrians on the west side of the road access to the underpass. Other locations for the underpass were considered, however, due to grades and water table elevations, tunnel locations nearer to Wetland 4 were not feasible. A tunnel crossing would consist of a large box culvert (14 feet wide by 12 feet high) with a minimum of 2 feet of cover between the top of box and road surface. To avoid trail fill through the wetland, connecting the west side road users to the park, an underpass location anywhere between 96`s Street and the park entrance would have been acceptable for current users. However, due to the water table/wetland elevation on the west side of this segment, and the high ridge and park boundary (potential Section 4(f) impacts) on the east side of the segment, there was only a small segment of TH 101 near the park entrance that provided a feasible crossing option. With the water table near elevation 880, a tunnel could not be engineered to fit without raising the road elevation to keep the tunnel bottom adequately above the water table, which in turn would have had greater impacts to the wetlands, right-of-way and project costs. Additionally, given the location of the ballfields within the park, impacts to park property would have required significant replacement costs (due to the elevation difference) which would not have been approved by FHWA given the Section 4(f) impact. Bridee option: Similar to the tunnel, a bridge option is also dependent on topography. Generally the east side of the road is 10-15 feet higher than the road, and the west side is 10-15 feet lower than the road. The height of a bridge above the road would need to be 15 to 20 feet (depending on arch of bridge) for vehicle clearance. As a result neither an underpass nor overpass were reasonable in other locations due to the expanded footprint (swing out of trail for underpass; helix ramp for bridge) of impact on at least one side of the road to tie the bridge into the existing grade (30+ foot difference between bridge and existing grade). Therefore, the only area available to construct a grade -separated crossing based on topography/water table was near the park entrance. The final configuration (location and skew) of the trail tunnel was developed with input from landowners to minimize the taking of a number of large oak trees. No trail on west side: Alternatives were considered to avoid the trail through Wetland 4 by routing users south to Pioneer Trail, to cross at the signalized intersection, then back north on the east side trail. This may avoid the 0.3 acres of trail impact to the wetland, however does nothing to improve pedestrian crossing safety, since the distance for this "detour" would add 0.5 miles to cross the road (quarter mile each TH 101 — Lyman Boulevard to Pioneer Trail (2011-02756-MTS) March 7, 2013 direction). In reality, most people would not go an extra half -mile out of their way just to cross the road. Just last year a child on a bike was struck and killed by a car when attempting to cross a four -lane segment of TH I OI to the north of this segment. Boardwalk option: A boardwalk type structure was considered as an alternative to placing fill in the wetland to accommodate a trail on the west side through the wetland area. MnDOT design requirements for trails/boardwalks include: Longitudinal grades not to exceed 5% Cross slopes not to exceed 2% 10 foot wide trail, with 2 foot clear zone on each side (14 foot total width) The trail and roadway grades are roughly 10 feet above the elevation of the wetland, between W. 9e Street and the southern limits of Bandimere Park, where the roadway grading conflicts with the delineated wetland limits (approximately 1,000 linear feet). Due to this severe change in elevation, minimum 250 foot long ramps (assuming that the existing grade varies) would need to be constructed at each end of the conflict area to transition from the roadway trail grade to the grade of the boardwalk. The starting points of the ramps would be limited to the storm water pond locations. Ultimately, this results in a short and expensive boardwalk that creates unnecessary bicycle hazards due to a rough riding surface, additional barrier rail requirements, and undesirable maintenance requirements, all at increased costs to the city. The construction of an elevated boardwalk at the roadway grade level was also considered in the wetland area. This would require a pier -supported boardwalk (bridge) with a railing along the outside edge of the boardwalk.. The total length of the elevated boardwalk/bridge would be approximately 1,000 feet and it would have an estimated construction cost of approximately $1,000,000. While a majority of the overall project costs are being financed with federal and state funds, the elevated boardwalk/bridge would not be eligible for these funds. The City of Chanhassen would be responsible for the additional elevated boardwalk costs which would increase their project contribution from approximately $825,000 to $1,825,000. This option was not further considered due to safety, long term maintenance of the boardwalk/bridge, and cost. Minimization Measures: Because the western trail is required for user safety, and practicable alternatives are not available, the trail impact area has been minimized through a number of design changes along the wetland. These included: • reduced the boulevard between the road and trail from 8 feet to 6 feet • narrowed the roadway center median from 16 feet to 4 feet • increased side slopes adjacent to Wetland 4 from 1:3 to 1:2 • placed trail in the area temporarily impacted by road surcharge to minimize the area disturbed It is estimated that these measures already reduced the wetland impact at this location by nearly 0.3 acres. The road could not be shifted further east due to topography (steep upslope) and park limits. Exhibit 1 shows the location of the future development with respect to the Pioneer Trail and W. 966' Street intersections. Conclusion: Based on the above facts, the DNR was convinced that the trail impact to the large wetland (Wetland 4) could not be reasonably avoided, as was the FHWA in making its finding that this project had no significant impact. Based on the fact that there are no practicable alternatives to the proposed trail as outlined above that meet the safety needs for this roadway, the city concluded that this project, with the trail proposed west of the road through the wetland was the least environmentally damaging alternative when considering factors other than just wetlands. TH 101 —Lyman Boulevard to Pioneer Trail (2011-02756-MTS) March 7, 2013 Storm Pond Alternatives Purpose: Provide the necessary stormwater treatment and storage for road runoff in compliance with City, watershed, and MPCA NPDES requirements. Background: There are generally three subwatershed divides within the project, as shown in Exhibit 2 (Drainage Map). As a result, collecting and treating stormwater generally requires three stormwater ponds, one in each subwatershed. Three ponds were designed near the wetlands in the lowest area of each subwatershed to treat water prior to discharging to the wetlands. Since the EA was published, wetland impacts were avoided through pond design modifications for Ponds 1 and 2, providing the storage and treatment required for the road runoff in those areas. In the southern subwatershed, however, the combination of topography, existing development and other regulatory requirements, do not allow avoidance of wetland impacts for Pond 3. Alternatives Anal: East side pond option: The city has evaluated numerous options and held discussions with multiple landowners to locate the southern storm pond. Initially it was expected to be feasible outside the wetland, east of the road, as was described in the EA (Figure 4 of the EA). However, after residents east of 101 reviewed that document, they strongly objected to the east pond due to concerns with child safety and tree loss. In addition to safety concerns, the subject parcel was in foreclosure with the bank and there were concerns regarding the timely acquisition of the necessary easement. It was also pointed out that the pond location could impact the septic system design of that parcel, further complicating the potential to acquire space for a pond east of TH 101. Therefore, the city was forced to find an alternative pond location. No pond option: As an alternative to placing the pond in Wetland 5, the city asked the responsible wetland agencies whether it would be feasible to not treat the storm water before directing storm water to the wetland in order to avoid the physical (fill/excavation) impact to the wetland, given that the wetland quality was not high (monotypic reed canary grass). However, it was concluded that the watershed and wetland rules would not allow that option, and water quality was a greater concern than wetland fill given the wetland size, quality, and the presence of an impaired downstream water (Bluff Creek per MPCA). It was also noted by residents that the wetland already had flooding issues and therefore some runoff retention prior to discharging to the wetland was considered an important function that needed to be met by the treatment pond. West pond two -cell option: The pond was shifted to the west side of the road to address public concern as part of the final EA and FONSI review with FHWA. In meetings with the responsible wetland agencies, we discussed the pond alternatives and alternate locations. Reconfiguring the pond to provide treatment outside the wetland but storage within the wetland (two -celled pond) was considered as shown in Exhibit 3 (2-Cell Pond Figure). That configuration would have limited the fill in the wetland to 0.35 acres for berm construction, however, an additional 0.5 acres of wetland to the west would have been severed from the rest of the wetland and subjected to frequent water bounce. Therefore, the overall impact to the wetland was similar to the preferred alternative, however, the impact was deeper into the wetland basin, would have required greater easement area cost, and was expected to require additional wetland impact for maintenance access (not shown). The location of the wetland impact was considered, knowing that the quality of the wetland up to the first property line is low (frequently mowed and is primarily reed canary grass), and as you get further west into the basin it was less disturbed and wetter. Keeping the impacts closest to the road was considered the lesser of impacts between these alternatives. As such, this alternative pond configuration was not carried forward as it had greater overall project impacts. 1 TH 101 —Lyman Boulevard to Pioneer Trail (2011-02756-MTS) March 7, 2013 West pond configuration options: Exhibit 4 (Pond 3 Design) shows the relationship of Pond 3 to the wetland and property lines. Moving Pond 3 further north of the proposed location to avoid much of the wetland would result in a significant impact to the property owner, to the extent that the entire property would have had to be acquired rather than just an easement. With the structures and improvements on this parcel and the adjacent parcel, the cost added to the project (more than $500,000) to acquire property would have made the project not feasible. Therefore, the option remaining was to minimize the amount of fill in the wetland resulting from the proposed pond. The pond shape, size and location was initially designed to minimize wetland impacts. With the road elevation currently being approximately 10 fed above the wetland, and the need to raise the roadbed another 3 to 4 fed as it approaches the Pioneer/TH 101 intersection (for safety and continuity reasons), the pond could not be shifted any closer to the road. Also, based on the storage volume and function needed from the pond, it could not be further narrowed to reduce wetland impacts. Conclusion: Therefore, the proposed location for the pond within the wetland was determined to be the least damaging environmental alternative after considering safety and engineering feasibility, functionality, other regulatory requirements, along with the wetland impacts. NORTH TH 101 From CSAH 18 to CSAH 14 Exhibit 1 11 TH 101 — Lyman Boulevard to Pioneer Trail (2011-02756-MTS) February 13, 2013 TH 101 Trail Alternatives As stated in the EA and concluded in the FONSI the trail on the east side of TH 101 is part of the Chanhassen Comprehensive Plan (Comp Plan), and the trail on the west side of TH 101 and tunnel are called for by the Metropolitan Council Regional Trail Plan. Pedestrian and bicycle safety are the primary reason for constructing a trail on both sides of the roadway. The city has identified in its Comp Plan the expansion of residential development in the current open space west of TH 101. The number of future trail users in the future that want to cross from west to east across TH 101could be significant once the residential development occurs, with up to 400 new residences being added west of TH 101. Given the curves and hills on this alignment, crossing the corridor by pedestrians at grade is not safe, even in the improved condition. The sight distance will be improved by flattening some of the curves and hills, however, curves and hills will remain. The corridor is also being widened from two lanes to four lanes, plus turn lanes at intersections. Therefore, the time to cross the roadway will double due to increased width. Safety concerns were the primary reasons why federal funding was approved for a tunnel underpass, to allow residents west of the road to safely access trails and parks east of the road. The trail is needed on the west side of the road to allow pedestrians access to the underpass. Other locations for the underpass were considered, however, due to grades and water table elevations, locations nearer to Wetland 4 were not feasible. Alternatives were considered to avoid the trail through Wetland 4 by routing users south to Pioneer Trail, to cross at the signalized intersection, then back north on the east side trail. This may avoid the 0.3 acres of trail impact to the wetland, however does nothing to improve pedestrian crossing safety, since the distance for this "detour" would add 0.5 miles to cross the road (quarter mile each direction). In reality, most people would not go an extra half -mile out of their way just to cross the road. Just last year a child on a bike was struck and killed by a car when attempting to cross a four -lane segment of TH 101 to the north of this segment. Because the western trail is required for user safety, the trail impact area has been minimized by reducing the boulevard width, increasing side slopes adjacent to Wetland 4, and using the area temporarily impacted by road surcharge for the trail. Exhibit 1 shows the location of the proposed western trail and tunnel with respect to the future development, the Pioneer Trail Intersection, and 96i' Street. Based on the above facts, the DNR was convinced that the trail impact to the wetland could not be reasonably avoided, as was the FHWA in making its finding that this project had no significant impact. Therefore, the city concluded that this project, with the trail proposed west of the road through the wetland was the least environmentally damaging alternative when considering factors other than just wetlands. Storm Pond Alternatives The city has evaluated numerous options and held discussions with multiple landowners to locate the southern storm pond. Initially it was expected to be feasible outside the wetland, east of the road, as was described in the EA. However, after residents east of 101 reviewed that document, they strongly objected to the east pond due to concerns with child safety and tree loss. In addition to safety concerns, the parcel was in foreclosure with the bank and there were concerns regarding the timely acquisition of the necessary easement. It was also pointed out that the pond location could impact the septic system of that TH 101— Lyman Boulevard to Pioneer Trail (2011-02756-MTS) February 13, 2013 parcel, further complicating the potential to acquire space for a pond east of TH 101. Therefore, the city was forced to find another alternative pond location. The pond was shifted to the west side of the road to address public concern as part of the final EA and FONSI review with FHWA. As an alternative to placing the pond in Wetland 5, the city asked the responsible wetland agencies whether it would be feasible to not treat the storm water before directing storm water to the wetland in order to avoid the physical (fill/excavation) impact to the wetland, given that the wetland quality was not high (monotypic reed canary grass). However, it was concluded that the watershed and wetland rules would not allow that option, and water quality was a greater concern than wetland fill given the wetland size, quality, and the presence of an impaired downstream water (Bluff Creek per MPCA). It was also noted by residents that the wetland already had flooding issues and therefore some runoff retention prior to discharging to the wetland was considered an important function that needed to be met by the treatment pond. Moving Pond 3 further north of the proposed location to avoid much of the wetland would result in a significant impact to the property owner, to the extent that the entire property would have had to be acquired. With the structures and improvements on this parcel and the adjacent parcel, the cost added to the project (more than $500,000) to acquire property would have made the project not feasible. Therefore, the option remaining was to minimize the amount of fill in the wetland resulting from the pond. In meetings with the responsible wetland agencies, we discussed the pond alternatives and alternate locations. Reconfiguring the pond to provide treatment outside the wetland but storage within the wetland were considered. That configuration would have limited the fill to 0.35 acres for berm construction, however, an additional 0.5 acres of wetland to the west would have been severed from the rest of the wetland and subjected to frequent water bounce. Therefore, the overall impact to the wetland was similar to the preferred alternative, but would also require greater easement area cost, and was expected to require additional wetland impact for maintenance access. Therefore, the proposed location for the pond within the wetland was determined to be the least damaging environmental alternative after considering safety and engineering feasibility, functionality, other regulatory requirements, along with the wetland impacts. • E Can Kimley-Horn and Associates, Inc. Fehraary13,20:3 Suite 238N 2550 University Avenue west St. Paul, Nrnnesota 55114 Mr. Michael Setering Army Corps of Engineers, Regulatory Branch 180 East 5ie Street, Suite 700 St. Paul, MN 55101-1678 Re: TH 101- Lyman Boulevard to Pioneer Trail (2011-02756-MTS) Dear Mr. Setering: Thank you for your continued evaluation of the permit application from the City of Chanhassen for the proposed TH 101 reconstruction project between Lyman Boulevard and Pioneer Trail. I have prepared the attached additional information in response to your February 4, 2013 letter requesting additional information regarding the need for the trail along the west side of TH 101, and the location of storm pond 3. The 404(b)(1) guidelines have been reviewed in preparing this additional information. Based on the City's comprehensive review of environmental impacts of this project, it maintains that the selected alternative results in the least environmentally damaging alternative given the other alternatives do not meet the needs of the project and other regulatory requirements. If you have any questions or require any further information, please give me a call (65 1 - 6434-0455) as the construction documents will be sent out for bids shortly. Thank you again for your review of this project. Sincerely, KIMLEY-HORN AND ASSOCIATES Beth Kunkel, CWD Associate Cc: Paul Oehme, City of Chanhassen Jon Horn, Kimley-Horn Attachment: Additional alternatives information TEL 6516454197 SCANNED 13 1 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA WETLAND ALTERATION PERMIT #2013-01 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: To fill and mitigate wetlands within the right-of-way along the Trunk Highway 101 Corridor from Lyman Boulevard (CSAH 18) to Pioneer Trail (CSAH 14). 2. Property. The permit is for property situated in Sections 24 and 25, Township I I6N, Range 23 W within the City of Chanhassen, Carver County, Minnesota, and as described above. 3. Conditions. The City Council approved Welland Alteration Permit #2013-01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvements Project and authorized the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans received November 27, 2012, based upon the included findings of fact and 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. the 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 SCANNED 0 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 the 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 wetland alteration permit is a criminal misdemeanor. Dated: February 11, 2013 CITY OF CHANHASSEN M. SEAL 0 STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Thomas A. Furlong, Mayor Gerhardt, City Manager The foregoing instrument was acknowledged before me this .951Mday of 2013, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanh a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 g:\plan\2013 planning cases\2013-01 th 101 wap\wap agro mmt.dmx Cj N tary Pulwc� KAREN I ENGELHAROT Notary Public -Minnesota My commission E:Pm Jan 31.2015 CHANHASSEN CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2013 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, and Councilwoman Ernst COUNCIL MEMBERS ABSENT: Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Paul Oehme, Todd Hoffman, and Roger Knutson PUBLIC PRESENT: Vicki Handler & Eric Newton 500 Indian Hill Road Bruce Olson 2432 Lake Lucy Road Steve Wanek 6615 Horseshoe Curve Drew Vohs 31 Sandy Hook Road John & Cam Hammett 6697 Horseshoe Curve Ingrid & Jon Steele 6941 Highover Court Julie & Rick Kolbow 7015 Sandy Hook Circle Chris Engel 7016 Sandy Hook Circle Ben Paulson 7013 Dakota Avenue Bruce Nord 551 Indian Hill Road Tom & Pat Peterson 7020 Sandy Hook Circle Mayor Furlong: Thank you and welcome to everybody here in the council chambers as well as those watching at home. We're glad that you joined us this evening. At this time I would ask members of the council if there are any changes or modifications to the agenda. If not, without objection we'll proceed with the agenda as published. CONSENT AGENDA: Councilwoman Tjornhom moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated January 28, 2013 -City Council Verbatim and Summary Minutes dated January 28, 2013 Receive Commission Minutes: -Park and Recreation Commission Verbatim and Summary Minutes dated January 22, 2013 b. Resolution #2013-08: 2013 Inflow/Infiltration (UI): Approve Resolution Applying for and Executing a Grant with the Metropolitan Council. C. TH 101 Improvement Project, Lyman Boulevard to Pioneer Trail: Approve Wetland Alteration Permit (WAP) and Wetland Conservation Act (WCA) Mitigation. d. Resolution #2013-09: Approval of Clean Water Fund Grant. SCANNED • 0 Chanhassen City Council — February 11, 2013 f. Wynsong, 7042 Galpin Boulevard: 1) Final Plat Approval 2) Approval of Development Contract g. Approval of 2013 Key Financial Strategies. It. Resolution #2013-10: Approve 2013 Vehicle and Equipment Purchases: 1) Public Works Equipment 2) Fire Department Command Vehicle i. Approve City Consent to Assignment, Limited Revenue Tax Increment Note, as related to Rottlund Homes/Northbay. j. Authorization for Agency Distribution, Knoblauch Land Use Amendment. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Mayor Furlong: If you'd like to address the council under visitor presentations I'd invite you to come forward to the podium at this time. Very good, thank you. We'll move onto our 5rst item of business this evening which will include a public hearing and that will be consideration of. Todd Gerhardt: Mayor? Mayor Furlong: Oh, I'm sorry. Bruce Olson: Sony, is this where the public to present topics, the visitor presentation? Mayor Furlong: For something that's not on our agenda this evening? Bruce Olson: Correct. Mayor Furlong: Yes, it would be. Did you want to do that tonight? Bruce Olson: Yes. Mayor Furlong: Why don't you come forward to the. If you could state your name and address for the record. Bruce Olson: Thank you. My name is Bruce Olson and I'm a resident of Chanhassen. I live at 2432 Lake Lucy Road and I've been a resident there for about 7 years. Actually I had some. Mayor Furlong: And the other gentleman, just for the record please. Jon Steele: My name is Jon Steele. My wife Ingrid and I are here tonight. We live at 6941 Highover Court North. We've lived there for 14 years, if I do my math quick. Mayor Furlong: Thank you Mr. Steele. CMOF OF MEMORANDUM TO: Todd Gerhardt, City Manager 7700 Market Boulevard PO Box 147 FROM: Krista Spreiter, Natural Resources Technician Chanhassen, MN 55317 DATE: February 11, 2013 0;6&. Administration Phone:952.227.1100 SUBJ: TH 101 Improvement Project, Lyman Boulevard to Pioneer Trail: Fax: 952.227.1110 Approve Wetland Alteration Permit (WAP) and Wetland Building Inspections Conservation Act (WCA) Mitigation - Planning Case #2011-03 Phone:952.227.1180 Fax:952.227.1190 Engineering Phone:952.227.1160 Fax:952.227,1170 Finance Phone:952.227.1140 Fax: 952,2271110 Park & Recreation Phone:952.227.1120 Fax:952.227.1110 Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 Fax:952.227.1404 PROPOSED MOTION "The Chanhassen City Council approves Wetland Alteration Permit #2013-01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvements Project; and authorizes the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated and received November 27, 2012, subject to conditions within this staff report and adopts the Planning Commission's Findings of Fact." City Council approval requires a simple majority vote. DISCUSSION The City of Chanhassen is requesting a wetland alteration permit for wetland Planning & impacts as a result of the proposed TH 101 Roadway Improvements project. The Natural Resources proposed project is to be located within the TH 101 corridor, between Lyman Phone: 952.227.1130 Fax:952.227.1110 Boulevard (CSAH 18) anPioneer ( ) City d PiTrail CSAH 14 within the Ci of Chanhassen. The construction consists of reconstructing the existing roadway from a two-lane Public works undivided highway to a four -lane divided highway with curb and gutter, median 7901 Park Place separation, turn lanes, and bicycle and pedestrian facilities. In order to accommodate Phone: 952.227.1300 the roadway improvements, the applicant is proposing impacts to four wetlands Fax: 952.227.1310 totaling 1.84 acres. Senior Center PLANNING COMMISSION SUMMARY Phone: 952.227.1125 Fax:952.227.1110 The Planning Commission held a public hearing on January 15, 2013 to review the Web Site proposed development. The Planning Commission voted five for and none against a www.ci.chanhassen.mn.us motion recommending approval of the project. Attachments: 1. Planning Commission staff report dated January 15, 2013. 2. Planning Commission minutes dated January 15, 2013. SCANNED g:\plm\2013 planning crose 2013-01 th 101 wap\council memo.docx Chanhassen is a Community for Life . Providing for Today and Planning for Tomorrow PROPOSED MOTION: The Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit #2013-01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvements Project; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated November 27, 2012 subject to conditions within this staff report. And, Adoption of the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: Request for a Wetland Alteration Permit for the construction of the TH 101 Roadway Improvements Project. LOCATION: Within the right-of-way along Trunk Highway 101 from Lyman Boulevard (CSAH 18) to Pioneer Trail (CSAH 14). APPLICANT: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 PRESENT ZONING: Agricultural Estate (A-2), Planned Unit Development (PUD), Planned Unit Development -Residential (PUD-R), Rural Residential (RR), Single -Family Residential District (RSF), and Bluff Creek Primary Corridor. 2030 LAND USE PLAN: Parks and Open Space, Mixed Use, Residential Low -Density ACREAGE: N/A DENSITY: N/A SUMMARY OF PROPOSAL Request for a Wetland Alteration Permit for the construction of the proposed TH 101 Roadway Improvements Project. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has limited discretion in approving or denying a wetland alteration permit, based on whether or not the proposal meets the wetland alteration permit standards outlined in the Zoning Ordinance. If the City fords that all the applicable wetland alteration permit standards are met, the permit must be approved. This is a quasi-judicial decision. TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 2 of 15 APPLICABLE REGUATIONS • Chapter 20, Article IV, Conditional Uses: Wetland Alteration Permits follow the Conditional Use Permit criteria. • Chapter 20, Article VI, Wetland Protection PROPOSAL SUMMARY The City of Chanhassen is requesting a wetland alteration permit for wetland impacts as a result of the proposed TH 101 Roadway Improvements Project. The proposed project consists of reconstruction of TH 101 between Lyman Boulevard (CSAH 18) and Pioneer Trail (CSAH 14) within the City of Chanhassen. The City of Chanhassen will improve the existing roadway by reconstructing the roadway from a two-lane undivided highway to a four -lane divided highway with curb and gutter, a median separation, turn lanes, and bicycle and pedestrian facilities, including a trail on the west side of the roadway with an underpass connecting the trail on the west side to Bandimere Park (Figure 1). Figure t C •�� --i'- - .. .,.yf,. c Tye rti.. l ry � - -: 7'AT NOW t a S TH 101 F v CSAH 18 b CSAH 14 (SP 194-010-011) o�iYn Wet= Pe m Ayyireoon " Fpre 1. PR4W LOG9[Dn 0 0 TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 3 of 15 In order to accommodate the reconstruction, the applicant is proposing impacts to four wetlands totaling 1.84 acres of permanent wetland impacts, and .67 acres of temporary wetland impacts. Because the roadway improvements are safety driven, the impacts from the roadway and creation of the stormwater ponds are eligible to be replaced using credits from the Board of Water and Soil Resources (BWSR) roadway replacement bank, as described in the approved Environmental Assessment/Environmental Assessment Worksheet (EA/EAW) and confirmed by the Technical Evaluation Panel (TEP). Because the impacts for this portion of the proposed project are eligible for BWSR replacement credits, the required replacement ratio for the roadway and stormwater pond impacts are 2:1. The impacts that result from trail construction are not eligible for BWSR replacement credit. Therefore, the applicant is proposing to replace these impacts using wetland bank credits from City -owned wetland bank #127, also located within Chanhassen. The replacement wetland is located within the same Bank Service Area (BSA 9) and Major Watershed (Minnesota-33) as the impacted wetland; therefore, only a 2:1 replacement ratio is required. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA) Rules. BACKGROUND The corridor has several safety concerns such as steep grades, sharp curves, and severe grade changes. These safety issues create inadequate sight distances along the corridor resulting in blind intersections with public streets, private drives, and pedestrian crossings. These issues have also contributed to a 50% higher overall crash and severity rate than other rural two lane roadways in the Metro Area. The City of Chanhassen, in cooperation with the Minnesota Department of Transportation (MnDOT) and Carver County completed a corridor scoping study for Trunk Highway (TH) 101 from Lyman Boulevard to the Scott County line in 2007. The study identified the segment of TH 101 from Lyman Boulevard (CSAH 18) to Pioneer Trail (CSAH 14) as the highest priority for improvement. Improvements to this segment of TH 101 are necessary to address existing safety deficiencies and to provide for the present and future traffic needs of the area. A state and federal environmental review document was also completed and approved for this project, which described the need for the project to improve public safety for vehicles and pedestrians. The City of Chanhassen will improve the existing roadway by reconstructing the roadway from a two-lane undivided highway to a four -lane divided highway with curb and gutter, a median separation, turn lanes, and bicycle and pedestrian facilities, including a trail on the west side of the roadway with an underpass connecting the trail on the west side to Bandimere Park. The number of access points is to be reduced from eight to four within the proposed reconstruction segment, and the project will also modify the road grade to flatten the horizontal and vertical curves. The horizontal and vertical design speed of the Preferred Alignment will be 40 mph which results in reducing the sharp curves and vertical profile that currently exists, improving safety, and the ability of the corridor to function as a minor arterial roadway and add capacity. 0 0 TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 4 of 15 A trail will be constructed as part of the proposed improvements along the west side of the roadway from Bandimere Park to Pioneer Trail. The trail will be a 10-foot wide multi -use trail with a 5-foot boulevard between the trail and roadway. The western segment will connect to Bandimere Park through a trail underpass. Another trail segment is proposed as part of the project along the east side of TH 101 beginning at Pioneer Trail and connecting to the existing trail within Bandimere Park. Attaining dual trails on both sides of the roadway is intended to limit the need for at -grade pedestrian crossings, resulting in improved pedestrian safety. This is also consistent with City and regional trail plans. Wetlands within the proposed project area were delineated by Kimley-Horn in June 2011, reviewed in July 2011 by the Technical Evaluation Panel (TEP), and approved in January 2012 by the City of Chanhassen. The delineation identified five wetland areas within the proposed project areas (see Figure 2). The proposed improvements will result in permanent impacts to wetlands described and shown (Figures 3 and 4) as follows: TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 5 of 15 Wetland 2: This wetland is classified as a Manage 2 wetland under the city's wetland classification system, and a Type 3 (Shallow Marsh) according to Fish and Wildlife Service Circular 39. It is located east of TH 101 and north of the Bandimere Park entrance. The predominant vegetation in the impacted area is Cattails (Typha angustifolia). The proposed impact to this wetland will be approximately .04 acres (see Figure 3). Figure 3 I Mt— L LIS yII s' T T �\ F ;S '77- C:o .„NOI W. � � �tr � � . � , Egu n -H IOI HE ~ E<SB T W�TS %W AL Wetland 3: This wetland is classified as a Manage 2 wetland under the city's wetland classification system, and a Type 2 (Fresh (wet) Meadow/Shallow Marsh) according to Fish and Wildlife Service Circular 39. It is located directly west of TH 101 and Bandimere Park. It is connected to Wetland 4 by a channel that directs water from Wetland 3 to Wetland 4. The predominant vegetation in the impacted area is Reed Canary Grass (Phalaris arundinacea) and Cattails (Typha angustifolia). The proposed impact to this wetland will be approximately .04 acres (see Figure 3). Wetland 4: This wetland is classified as a Manage 2 wetland under the city's wetland classification system. It is classified as wetland Type 2 (Fresh (Wet) Meadow), Type 1 (Floodplain Forest), Type 3 (Shallow Marsh), and Type 6 (Shrub -Carr) according to Fish and Wildlife Service Circular 39. This wetland was identified on the DNR Public Waters Map as DNR wetland #215 W. Wetland 4 is located immediately south of Wetland 3, and is connected by a channel that flows from Wetland 3 into Wetland 4. The outlet of Wetland 4 is a culvcrt/channel just south of Kiowa Trail that flows to Riley Lake. The predominant vegetative 0 0 TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 6 of 15 species in the impacted area are Reed canary grass (Phalaris arundinacea), Cattails (Typha angustifolia), and Eastern Cottonwood (Populus deltoidesz). The proposed impact area in this wetland is approximately .83 acres (see Figure 4). Wetland 5: This wetland is classified as a Manage 2 wetland under the city's wetland classification system. It is classified as a Type 2 (Fresh (Wet) Meadow) according to Fish and Wildlife Service Circular 39. This wetland is located immediately northwest of the intersection of TH 101 and Pioneer Trail. The predominant vegetative species in the impacted area are Green Ash (Fraxinus pennsylvanica), Paper Birch (Betula papyrifera), Reed Canary Grass, and Spike Rush (Eleocharis obtusa). The proposed impact area in this wetland is approximately .93 acres (see Figure 4). Figure 4 a♦ - i— _ `` __tom - - ' - � l i •I t��" 1 , i I �a.F �-a en� m �,• Fgn4 M101 MEIWII. E.l�MP1iiWKTS \` Hams-- ZZO= ® ..a ALTERNATIVES The Wetland Conservation Act requires the applicant to list at least two alternatives to the proposed project that would avoid or minimize impacts to wetlands or waters (one of which may be "no build" or "do nothing"). The applicant then must list and explain why the option described in the application was chosen over these alternatives. The following alternatives were presented in the Joint Notification Application submitted by the applicant: TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 7 of 15 The City has evaluated the no -build alternative as well as an alternative roadway alignment to avoid the proposed wetland impacts. In addition, other roadway alignments and alternatives were evaluated to meet the project's purpose and need, and were reported in the approved Environmental Assessment/Environmental Assessment Worksheet (EA/EAW), meeting National Environmental Policy Act (NEPA) requirements. Each of the scenarios is described below. Roadway A No -Build alternative would entail making no geometric changes to the roadway or adding any additional traffic lanes or turn lanes. It would not serve the intended function of a minor arterial roadway. Safety issues related to the sharp curves, rolling roadway, and limited sight distance would remain or worsen with the increased traffic demand. Existing access points would remain, creating many conflict points. This would maintain and possibly increase the crash rates which are presently higher than the statewide average. The existing roadway will not support local growth nor will it serve regional needs as TH 101 provides one of the only Minnesota River crossings in the area. The No -Build condition would not require any new right-of-way acquisitions or any wetland impacts. This alternative is not feasible as it does not improve safety and capacity within the corridor. The No -Build alternative does not address the purpose and need for the project. A roadway alignment shift alternative was also evaluated. This alternative would require the four -lane roadway to be shifted to the east to attempt to reduce the amount of wetland impact. The shifted roadway alignment would minimize wetland impacts to Wetlands 1, 3 and 4; however, this alignment would result in impacts to Bandimere Park. The shifting of the roadway would impact the ball fields, which would require substantial changes to the park. These impacts would require mitigation and replacement of the impacted parkland and park uses. This alternative results in substantial costs to the city for park reconfiguration and replacement parkland, and was not favorable from a Section 4(f) standpoint, and therefore was dropped from further consideration (Section 4(f) of the Department of Transportation Act of 1966 is a federal law intended to prevent conversion of certain parks, wildlife and waterfowl refuges, recreation areas or historic properties to transportation use). Trail A trail is proposed for the west side of TH 101 from Lyman Boulevard (CSAH 18) on the north side to Pioneer Trail (CSAH 14) on the south side. This trail will be a standard 10-foot multi -use trail. The trail will connect to the east side of the roadway by an underpass at the entrance of Bandimere Park. This trail is a part of the regional trail system, and will provide the north -south connection to the Regional trail system within Carver County and the City of Chanhassen. The no -build alternative was reviewed as part of this project. If the trail was not constructed on the west side of the road, there would be a safety concern for pedestrians trying to access Bandimere Park from the west side of the roadway. Pedestrians would have to cross down at the intersection of Pioneer Trail and TH 101. The trail underpass located at the entrance of Bandimere Park would be constructed but would not connect the trail in the park to anything on the west side of the roadway. This trail is also part of the Regional Trail System in Carver County. TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 8 of 15 Stormwater Management Stormwater basins are to be constructed in three different locations as part of the TH 101 Roadway Improvements Project. Basins land 2 will be located outside of any wetland areas and therefore will not impact wetlands. The southern basin (Pond 3) will be located northwest of the TH 101 and Pioneer Trail intersection and will be constructed in the adjacent wetland. There were two stormwater basin size and location alternatives considered. The preferred pond location is a stormwater basin located adjacent to the roadway. This stormwater basin will be approximately 1.7 acres in size. This treatment pond will collect runoff from 96th Street to the Pioneer Trail intersection. This option would impact 0.88 acres of wetland. The other alternative for the Pond 3 location is a two -cell stormwater system with an infiltration basin and detention pond. The infiltration basin is located in the parcel adjacent to the roadway right-of-way. The infiltration basin would avoid most of the wetland impacts; however, the detention pond would be located within the wetland area (Area 5). The pond would be a storage pond with an outlet into the wetland. The cost comparison between the two would be similar. The City would need to purchase approximately 3,000 square feet of additional drainage easement from the landowners in the two - cell system than in the one -cell system. The maintenance would be greater for the two -cell system rather than the one -cell system. The two -cell system would also require more easement as construction of the detention pond would be in the middle of the wetland. The detention pond would essentially stay as wetland; however, it would change the function and type of that wetland area. The wetland would go from a fresh meadow to a deep marsh wetland. Due to the additional wetland impact (temporary and permanent) and a greater maintenance requirement, the City dropped the two -cell stormwater system from further consideration. Impact Minimization The Wetland Conservation Act requires that if avoidance is not an option, the unavoidable impacts are minimized to the greatest extent practicable. Efforts have been made by the applicant to minimize the proposed wetland impacts through a variety of measures, which included reducing the roadway slope near wetlands, achieving minimum distance between the trail and the roadway, reducing median, and modifying the design of the stormwater ponds to avoid impacts to adjacent wetlands wherever possible. Specific instances include the following: • Wetland impacts were minimized by reducing the roadway slope from a 3:1 to a 2:1 slope near wetlands. • The clear zone between the trail and the roadway was designed to the minimum distance while still retaining design standards to minimize the impacts to Wetland 4. • The designed median was reduced in size to minimize wetland impacts to the extent possible in the segment adjacent to Wetland 4. • Stormwater ponds have also been designed and/or modified to the extent possible to avoid impacts to the adjacent wetlands. TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 9 of 15 Wetland Replacement Wetland replacement for this project will be accomplished via a number of methods; restoration for temporary impacts, BWSR roadway replacement bank, and city -owned wetland bank credits. On -site replacement was not encouraged due to the small size of the replacement needed (less than five acres), adjacent invasive species (reed canary grass), maintenance requirements, and low probability of long-term success. BWSR Roadway Replacement Bank Because the roadway improvements are safety driven as described in the approved EVEAW and confirmed by the TEP, the impacts from the roadway portion of the project are eligible to be replaced through credits from the Board of Water and Soil Resources (BWSR) roadway replacement bank. Because the roadway improvements are being replaced by BWSR roadway replacement credits, the wetland impacts resulting from the creation of the stormwater ponds will also be covered by BWSR roadway replacement. The replacement site is within the City of Chanhassen and the roadway replacement credits will be taken from the BWSR roadway replacement bank; therefore, the replacement ratio for the roadway and stormwater pond impacts will be 2:1. This results in BWSR roadway replacement of 3.08 acres of wetland mitigation credits for the 1.54 acres of impact from roadway and stormwater pond improvements. City -owned Banked Credit The impacts that result from trail construction are not eligible for BWSR replacement credit. Therefore, replacement credits approved by BWSR and the Army Corps of Engineers, available from the City's wetland bank (Account # 127), will be used for replacement of the wetlands impacted from trail construction (.30 acres). The replacement wetland is located within the same Bank Service Area (BSA 9) and Major Watershed (Minnesota-33) as the impacted wetland; therefore, a 2:1 replacement ratio is required, resulting in withdrawal of 0.60 acres of credit from the City's wetland Bank Account #127. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA). Impact amounts, replacement amounts, and method are shown in Table 1. Table 1. REPLACEMENT TYPE OF IMPACT ROADWAY TRAIL STORMWATER TEMPORARY METHOD TOTAL PONDS On -site Restoration 0.67 ac 0.67 ac BWSR Road Replacement Bank 1.32 ac 1.76 ac 3.08 ac City Banked Credits Acct #127 0.60 ac 0.80 ac Restoration Temporary impacts will be provided at a 1:1 ratio to cover the 0.67 acres of temporary disturbance. The temporary impacts to Wetlands 1 and 3 will be restored within six months of the initial impact. Areas with temporary impacts will be restored back to preconstruction conditions (grades) and will be reseeded with Minnesota Department of Transportation native seed mix 34-181, `Emergent Wetland'. Erosion Control Plans are shown in Appendix C of the Joint Notification Application. TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 10 of 15 Due to the amount of time necessary to effectively surcharge muck soils, the temporary impacts to Wetland 4 is required for a longer period of time. The surcharge will be in place for up to 12 months. The surcharge specifications are included in Appendix B of the Joint Notification Application. After the surcharge is complete in the temporary wetland impact area, the surcharge will be removed down to six inches below the original wetland/water elevation and replaced with six inches of clean hydric soil. The area will then be reseeded with MnDOT native seed mix 34-181. OTHER AGENCIES The applicant is responsible for obtaining any permits or approvals from the appropriate regulatory agencies and compliance with their conditions of approval. FINDINGS The Planning Commission shall recommend a wetland alteration permit and the Council shall issue such wetland alteration permit only if it finds that: a. The proposed project will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding. The proposed wetland impacts that will occur with the TH 101 Roadway Improvements Project have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to address existing safety deficiencies and to provide for the present and future traffic needs of the area, improving safety and convenience for residents and recreationalists. b. The proposed project will be consistent with the objectives of the city's Comprehensive Plan and the zoning chapter of the City Code. Finding: The proposal is consistent with the objectives of the citys Comprehensive Plan and City Code. It complies with all city, state and federal requirements. The need for the proposed roadway improvements are presented in the City's 2030 Comprehensive Plan, as well as the MN Department of Transportation's Jurisdictional Turnback Project List. Trail construction is shown in the City's Future Park & Recreation Initiatives map and is consistent with city and regional trail plans. The stormwater ponds will provide storage and treatment for roadway and trail runoff, improving water quality within the project area. c. The proposed project will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands through a variety of measures, which include reducing the roadway slope near wetlands, achieving TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 11 of 15 minimum distance between the trail and the roadway, reducing median, and modifying the design of the stormwater ponds to avoid impacts to adjacent wetlands wherever possible. Currently, the proposed project is located within an area that includes single- family residential neighborhoods, rural residential neighborhoods, and Bandimere Park The proposed project would provide safety improvements for residents, drivers, and recreationalists, as well as providing a connection to existing and future trails and neighborhoods. Thus, remaining compatible with and enhancing the existing and intended character and appearance of the area. d. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The surrounding uses are zoned for single-family residential, public/semi- public, and parks and open space. The wetland impacts proposed as a result of the project are not foreseen to cause hazards or disturbance to existing or planned neighboring uses. The proposed project is considered an enhancement to neighboring uses, as well as providing increased safetyfor residential neighborhoods and businesses, by providing a safer roadway and pedestrian and non -motorized recreational route. e. The proposed project will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: Any changes to drainage structures or additional drainage structures needed as a result of the proposed wetland impacts will be designed and constructed by the applicant's contracted consultant in compliance with city design standards. Proposed roadway improvements will continue to be maintained by the MN Department of Transportation until2014, when maintenance responsibilities are planned to be acquired by Carver County. Trails and stormwater facilities will continue to be maintained by the City of Chanhassen, and will be designed and constructed according to city standards. f. The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed wetland impacts associated with the TH 101 Roadway Improvements Project will not create excessive need for public facilities and services. The roadway improvements project requires some additional services required by the city associated with trail and stormwater maintenance. In addition, the proposed roadway improvements project is foreseen as an enhancement to economic community welfare by providing safety improvements for residents and recreationalists to local businesses. g. The proposed project will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 12 of 15 general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: The proposed wetland alterations are not expected to be detrimental to any persons, property or the general welfare. h. The proposed project will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The proposed wetland impacts will not create nor interfere with trafftc and surrounding public thoroughfares. When completed, the proposed roadway improvements will result in improved approaches and will provide safer conditions for both pedestrian and vehicular traffic. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed wetland impacts associated with the project will have no impact on solar access, natural, scenic or historic features of major significance. j. The proposed project will be aesthetically compatible with the area. Finding: The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area. In addition, the proposed roadway improvements project will complement the area. k. The proposed project will not depreciate surrounding property values. Finding: The proposed wetland impacts have been minimized to the greatest extent feasible, while still allowing for the roadway improvements project to occur. The proposed roadway improvements project will create a safer setting and will be an asset to the surrounding properties. 1. The proposed project will meet standards prescribed for certain uses as provided in the City code. 20-410 (b) When a permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. Finding: The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the ecological and hydrological characteristics of remaining wetland. 0 TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 13 of 15 (2) It shall be located as to minimise the impact on vegetation. Finding: Efforts have been made by the applicant to minimize the impact on wetlands and vegetation through a variety of measures, which included reducing the roadway slope near wetlands, achieving minimum distance between the trail and the roadway, reducing median, and modifying the design of the stormwater ponds to avoid impacts to adjacent wetlands wherever possible. (3) It shall not adversely change water flow. Finding. The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the hydraulic and hydrological characteristics of remaining wetland. (4) The size of the altered area shall be limited to the minimum required for the proposed action. Finding. The applicant has made a reasonable effort to limit the proposed wetland impacts to the minimum amount required in order to complete the roadway improvements project. During construction the contractor is required to follow approved plans to limit alterations to the minimum the project necessitates. (5) The disposal of any excess material is prohibited within remaining wetland areas. Finding: The applicant and their contractor are prohibited from disposing of excess material within remaining wetland areas as well as any other activities which may negatively impact the remaining wetland areas. (6) The disposal of any excess material shall include proper erosion control and nutrient retention measures. Finding: The applicant and their contractor must submit a satisfactory erosion and sediment control plan, and comply with all applicable sections of Chanhassen City Code, the city's Surface Water Management Plan, and the Minnesota Pollution Control Agency. (7) Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 14 of 15 Finding: The applicant and their contractor are required to refrain from any wetland altering activity during waterfowl breeding and fish spawning season. (8) Alterations to wetland areas shall be mitigated in accordance with the requirements of this article if the activity results in a loss of wetland area and/or function and value of the wetland. Finding: The applicant has submitted a replacement plan as part of the Joint Notification Application for Wetland Replacement which was received on November 27, 2012. The applicant is proposing to replace the impacted area using wetland bank credits. The required replacement ratio is 2:1. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA) Rules, and City Code, Chapter 20, Article VI. (9) Dedicated buffers in accordance with sections 20-411. Finding: The applicant must comply with the City's Wetland Protection Ordinance. In order to accommodate the reconstruction, the plan proposes impacts to four wetlands totaling 1.84 acres of permanent wetland impacts, and .67 acres of temporary wetland impact. The City is proposing to replace the permanently impacted area resulting from roadway and stormwater treatment construction using 3.08 acres of wetland bank credit from the Board of Water and Soil Resources (BWSR) roadway replacement bank, and impacted area resulting from trail construction using .60 acres of wetland bank credit from City -owned wetland bank #127. In both cases the requirement calls for a 2:1 replacement ratio. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA) Rules. The applicant must receive the City's approval of a wetland replacement plan prior to any wetland impact occurring. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit #2013-01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvements Project; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated November 27, 2012, and based upon the included Findings of Fact and subject to the following conditions: TH 101 Roadway ImprovAts Project Wetland Alteration Permit• Planning Case #2013-01 January 15, 2013 Page 15 of 15 Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall receive the City's approval of a wetland replacement plan prior to any wetland impact occurring. 2. Wetland buffer areas shall be preserved, maintained, and/or created around all existing wetlands in compliance with Sections 20-401 — 20-421 of Chanhassen City Code. 3. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and Army Corps of Engineers and comply with their conditions of approval. 4. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. 5. The applicant must obtain, and the city must have received copy of, an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts. 6. A signed Landowner Statement and Contractor Responsibility form shall be provided to city prior to commencement of activity. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Joint Notification Application for Wetland Replacement (attachments can be viewed on city's website). 4. Public Hearing Notice. S. Notice of Waiver of DNR Permitting Authority for Public Transportation Projects. g:Iplan12013 planning cmm\2013-01 th 101 wap\staff reportfof thl0l.d= 0 0 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION The application of the City of Chanhassen for a Wetland Alteration Permit for wetland replacement for proposed impacts to four wetlands totaling 1.84 acres, as a part of the proposed TH 101 Roadway Improvements project. On January 15, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for a wetland alteration permit to impact four wetlands. The total area proposed to be impacted is 1.84 acres. The Planning Commission conducted a public hearing on the wetland alteration permit which was preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate, Rural Residential, Planned Unit Development, Planned Unit Development -Residential, and Single -Family Residential and Bluff Creek Primary Corridor. 2. The property is guided in the Land Use Plan for Parks and Open Space, Residential Low - Density and Mixed Use. 3. The proposed project is located within the TH 101 corridor between Lyman Boulevard (CSAH 18) and Pioneer Trail (CSAH 14) within the City of Chanhassen. 4. City code directs that a wetland alteration permit shall not be issued without having been first reviewed by the Planning Commission and approved by the City Council following the review and hearing procedures set forth for conditional use permits and the additional requirement of Minnesota Rules Chapter 8420.0230. Wetland alteration and Conditional Use Criteria: a. The proposed project will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed wetland impacts that will occur with the TH 101 Roadway Improvements Project have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to address existing safety deficiencies and to provide for the present and future traffic needs of the area, improving safety and convenience for residents and recreationalists. 0 0 b. The proposed project will be consistent with the objectives of the city's Comprehensive Plan and the zoning chapter of the City Code. The proposal is consistent with the objectives of the city's Comprehensive Plan and City Code. It complies with all city, state and federal requirements. The need for the proposed roadway improvements are presented in the City's 2030 Comprehensive Plan, as well as the AN Department of Transportation's Jurisdictional Turnback Project List. Trail construction is shown in the Citys Future Park & Recreation Initiatives map and is consistent with city and regional trail plans. The storm water ponds will provide storage and treatment for roadway and trail run-off, improving water quality within the project area. c. The proposed project will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands through a variety of measures, which include reducing the roadway slope near wetlands, achieving minimum distance between the trail and the roadway, reducing median, and modifying the design of the storm water ponds to avoid impacts to adjacent wetlands wherever possible. Currently, the proposed project is located within an area that includes single-family residential neighborhoods, rural residential neighborhoods, and Bandimere Park The proposed project would provide safety improvements for residents, drivers, and recreationalists, as well as providing a connection to existing and future trails and neighborhoods, thus remaining compatible with and enhancing the existing and intended character and appearance of the area. d. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. The surrounding uses are zoned for single-family residential, public/semi-public, and parks and open space. The wetland impacts proposed as a result of the project are not foreseen to cause hazards or disturbance to existing or planned neighboring uses. The proposed project is considered an enhancement to neighboring uses, as well as providing increased safety for residential neighborhoods and businesses, by providing a safer roadway and pedestrian and non -motorized recreational route. e. The proposed project will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 2 0 Any changes to drainage structures or additional drainage structures needed as a result ofthe proposed wetland impacts will be designed and constructed by the applicant's contracted consultant in compliance with city design standards. Proposed roadway improvements will continue to be maintained by the MN Department of Transportation, until 2014, when maintenance responsibilities are planned to be acquired by Carver County. Trails and storm water facilities will continue to be maintained by the City of Chanhassen, and will be designed and constructed according to city standards. f. The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed wetland impacts associated with the THIN Roadway Improvements Project will not create excessive need for public facilities and services. The roadway improvements project requires some additional services required by the city associated with trail and storm water maintenance. In addition, the proposed roadway improvements project is foreseen as an enhancement to economic community welfare, by providing safety improvements for residents and recreationalists to local businesses. g. The proposed project will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The proposed wetland alterations are not expected to be detrimental to arty persons, property or the general welfare. h. The proposed project will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The proposed wetland impacts will not create nor interfere with traffic and surrounding public thoroughfares. When completed, the proposed roadway improvements will result in improved approaches, and will provide safer conditions for both pedestrian and vehicular traffic. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The proposed wetland impacts associated with the project will have no impact on solar access, natural, scenic or historic features of major significance. The proposed project will be aesthetically compatible with the area. The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area. In addition, the proposed roadway improvements project will complement the area. • E k. The proposed project will not depreciate surrounding property values. The proposed wetland impacts have been minimized to the greatest extent feasible, while still allowing for the roadway improvements project to occur. The proposed roadway improvements project will create a safer setting and will be an asset to the surrounding properties. 1. The proposed project will meet standards prescribed for certain uses as provided in the City code. 20410 (b) When a permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the ecological and hydrological characteristics of remaining wetland. (2) It shall be located as to minimize the impact on vegetation. Efforts have been made by the applicant to minimize the impact on wetlands and vegetation through a variety of measures, which included reducing the roadway slope near wetlands, achieving minimum distance between the trail and the roadway, reducing median, and modifying the design of the stormwater ponds to avoid impacts to adjacent wetlands wherever possible. (3) It shall not adversely change water flow. The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the hydraulic and hydrological characteristics of remaining wetland. (4) The size of the altered area shall be limited to the minimum required for the proposed action. The applicant has made a reasonable effort to limit the proposed wetland impacts to the minimum amount required in order to complete the roadway improvements project. During construction the contractor is required to follow approved plans to limit alterations to the minimum the project necessitates. (5) The disposal of any excess material is prohibited within remaining wetland areas. 4 The applicant and their contractor are prohibited from disposing of excess material within remaining wetland areas as well as any other activities which may negatively impact the remaining wetland areas. (6) The disposal of any excess material shall include proper erosion control and nutrient retention measures. The applicant and their contractor must submit a satisfactory erosion and sediment control plan, and comply with all applicable sections of Chanhassen City Code, the city's Surface Water Management Plan, and the Minnesota Pollution Control Agency. (7) Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. The applicant and their contractor are required to refrain from any wetland altering activity during waterfowl breeding and fish spawning season. (8) Alterations to wetland areas shall be mitigated in accordance with the requirements of this article if the activity results in a loss of wetland area and/or function and value of the wetland. The applicant has submitted a replacement plan as part of the Joint Notification Application for Wetland Replacement which was received on November 27, 2012. The applicant is proposing to replace the impacted area using wetland bank credits. The required replacement ratio is 2:1. This is consistent with Chapter 8420.0522. of the Wetland Conservation Act (WCA) Rules, and City Code, Chapter 20, Article VI. (9) Dedicated buffers in accordance with sections 20411. The applicant must comply with the Citys Wetland Protection Ordinance. 5. The planning report #2013-01, dated January 15, 2013 prepared by Krista Spreiter, et al, is incorporated herein. • 0 RECOMMENDATION The Planning Commission recommends that the City Council approve the Wetland Alteration Permit of Planning Case 2013-01. ADOPTED by the Chanhassen Planning Commission this 15a' day of January, 2013. CHANHASSEN PLANNING COMNUSSION Its Chairman CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION PLEASE PRINT Applicant Name and Address: CiLil 0' = 0-al,r. s. n o (Y- r RLUb Contact: A/,,f (s }Q S:pgre; lcr- Phone:%;-tt-i3 Fax: 952.ZZ7.It"10 Email: 1L5n: e.{efG c,�. 6-hai&sew,mn us Planning Case No.c;b'�) - 04 Property Owner Name and Address: (. rr,/ bF LkA*_H02EPi ZMu Z)CT 770o (Yl ARk��-r Pit Vim �1u '�3s-?,t-7 Contact: u O Phone: 5222'1. t l l 19 Fax: g52.22.7- t 1-j O Email: ooe"me @ CA t tlay�hassen Mil. U7 NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development` Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) ' ` Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment K Notification Sign - $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ N %A An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. 0 0 PROJECT NAME: Tt1 I©I Rp�c�l��i (M�(ZpU�MIS �kf1\�•CA LOCATION: 101 LQRP l P�CKL �`l IA UYIXV4l, Hrvt� plc F>r R Tp I� LEGAL DESCRIPTION AND PID: TOTALACREAGE: (.QY--I f}C.Q-V-G CF WTI AiID WlPfAc.T" WETLANDS PRESENT: _ YES NO PRESENT ZONING: hbf?A L,11)i2 z CAT -k� LA-4 PLrT my o Qt,)t< >;F CPIti1 J " PL"ht-1Nt p'lm\T pycU�vOQMF S10)ri�t nPYL(F D-1� k�>RJ3+ Q Il7�r }itt�( AN I -viol PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: L47Y 04�7 [,t-jPctiFlaa FN tS 261v F�r(tJ(r R c � �x� ran)C� FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed 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. The documents and information I have submitted are true and correct to the best of my knowledge. Sig ature of Applicant to �-14� /- �?- /_� Signatulb of Fee Owner Date gAplan\fm s\development review applicatimAm • 0 PROJECT NAME: 1A IOk 9,09Q,)A-4 MYOU>,;M'EM Xk�f_(3C" LEGAL DESCRIPTION AND PID: TOTAL ACREAGE: lt.Q14 fiGQ-V-G QV- UJ42CLP K.D WPI- C WETLANDS PRESENT: _�( YES NO PRESENT ZONING: t�i.F+Nt.1�p JNcC- P�U�o�n i2'��QvCS-�g�D 7A/V 1r�iCs'. � PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: 0 • ,• "•• � t. �i . .� � �i.. :. t.� � �• to ..11 • tNU"t.E - 1111MMA1,40-KNE. .. t FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed 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. The documents and information I have submitted are true and correct to the best of my knowledge. Sighature of Applicant to Signature of Fee Owner Date gAplan\formstdevelopment review applic tim.dm L NA426620-03C Minnesota Local/State/Federal Application Forms for Water/Wetland Projects PUBLIC TRANSPORTATION AND LINEAR UTILITY PROJECTS STANDARD APPLICATION For Internal Use Only Application No. Field Office Code Date Initial Application Received Date Initial Application Deemed Complete INV: "See HELP" for important additional information and assistance in Instructions section IS THIS AN ORIGINAL OR AMENDED NOTICE? (check one) This is an original notice ®, dated 11-6-2012 This is an amended notice ❑, dated 1. APPLICANT ROAD AUTHORITY INFORMATION: Road authority applicant: City of Chanhassen Contact person (name and title): Paul Oehme, Project Manager Complete mailing address: 7700 Market Blvd, PO Box 147, Chanhassen, MN 55317 Business phone: (952) 227-1 169 e-mail: pgehme@.ci.chanhassen.com 2. PROJECT IDENTIFICATION County: Carver County Road name and/or number: TH 101 Project termini: CSAH 18 (Lyman Blvd) to CSAH 14 (Pioneer Trail) Project number: SP 194-010-011 ® attach PROJECT LOCATION MAP 3. ® attach SOILS MAP (if available) 4. PROJECT CATEGORY (check all that apply): ❑ Repair rehabilitation, reconstruction or replacement of existing roads that impact wetlands (including wetland areas of DNR Public Waters). If so, indicate size of impact (check one of the choices below): ❑ Less than 10,000 square feet of wetlands (see HELP 4). ® Greater than 10,000 square feet of wetlands. ❑ New road or modification of an existing road solely to increase traffic capacity impacting any amount of wetland area, river, lake or stream impact (excluding wetland areas of DNR Public Waters). ❑ Placement, maintenance or repair of linear utility projects. 5. PROPOSED TIMELINE: Approximate project start date: Spring 2013 Projected end date: Summer 2014 Public Transportation and Utility Projects, Page I (August 2007) 0 6. PROJECT DESCRIPTION: Check all that apply. Include a detailed overhead view of your plan that clearly depicts the work to be undertaken. See What To Include on Plans (Instructions Page 2). ❑ Guardrail improvement ❑ Turn lane: improvement of existing ❑ Guardrail improvement w/slope flattening ❑ Turn lane: new construction ❑ Resurfacing ❑ Slope flattening ❑ Culvert work; repair, extension or replacement ❑ Bridge work: repair ❑ Stream diversion ❑ Bridge work: replacement ❑ Shoulder work: repair widening ® Reconstruction (existing roads) ❑ Shoulder widening with ditch grading ❑ Other ❑ New road construction ❑ Additional lanes solely for traffic capacity ❑ Linear utility Projects 7. ESTIMATED PROJECT COST: Funding Sources (a/o): Federal 60 State 31 Local 9 8. SEQUENCING CONSIDERATIONS: What alternatives to this proposed project have you considered that could have avoided or minimized impacts to wetlands or water? For new construction only - list at least two alternatives (one of which may be "no build" or "do nothing"), and explain why you chose to pursue the option described in this application over these alternatives. ® Space above is not adequate - sequencing considerations are attached 9A. IMPACT SUMMARY: Impacts to lakes and watercourses only. Indicate total amount of impact in square feet or acres for water body area(s) to be filled, drained, inundated or excavated. For watercourses indicate length of stream or river affected in linear feet (see HELP 9A). Location of Impact County Name and Public Waters Impact(s) for Impacts) for Section, Twp, Range Watershed No. Name and ID Lakes Watercourse(s) Number (square fee! or (in linear feet) acres S 24&25, T 116N, R 23W Carver, 33 --it —5N N/A N/A N/A N/A N/A N/A AFFIRMATION For Public Waters impacts: ® I am applying for state and local authorization to conduct the work described in this application. ® I am familiar with the information contained in this application. ® To the best of my knowledge and belief, all information in this application is true, complete and accurate. ® I possess the authority to undertake the work described, or I am acting as the duly authorized agent of the applicant IF your project will impact ONLY DNR Public Waters, proceed directly to the Applicant Signature Block on Page 5. Public Transportation and Utility Projects, Page 2 (August 2007) U is 913. IMPACT SUMMARY: For impacts to wetlands only: when attaching infarmafion nn a renorote sheet — ace this same format ID of Wetland Bast n Ira acted Major Watershed Name or No. County Section, Twp, Ran a g Wetland Circ. 39 Type / Wetland Plant Community Type (see HELP 9B) Size of Wetland Impact Size of Wetland Basin 2 33 Carver 24, 116, 23 3/ShaMa 0.04 3 33 Carver 24, 116,23 2/WM 0.04 4 33 Carver 25, 116, 23 2/WM 0.83 5 33 Carver 25, 116, 23 2/WM 0.93 TOTALS OF AREA (S) IMPACTED for each wetland vegetative community / wetland type in acres or square feet: Seasonally Floodplain Sedge Fresh Wet to wet Shallow Deep Shallow Shrub Carr Hardwood or Open or flooded forest meadow (wet) mesic marsh I marsh Open or alder coniferous coniferous basin meadow prairie Water thicket swamp bog T1 T1L T2 T2 T2 T3 T4 TS T6 T7 T8 1.8 1 .04 TOTAL IMPACT FOR THE PROJECT: 1.84 9C. Are any of these impact sites within 1000 feet of a lake or 300 feet of a river? ❑ No ®Yes If YES, please explain. Yes, the project is less than 1,000 ft fromRiley Lake. The project will not impact Riley Lake during construction. 10. TYPE and AMOUNT OF FILL MATERIAL: e.g., rock, sand, clay or concrete (indicate amount of cubic yards.) 150,000 cubic yards 11. ADJOINING PROPERTY OWNERS: For projects that require a COE standard individual permit, attach a list ofADJOINING PROPERTY OWNERS that includes complete names and mailing addresses of adjacent property owners whose property also adjoins the wetland or water body where the work is being proposed. 12. PORTION OF WORK ALREADY COMPLETED: Is any portion of the work already completed? ®No ❑Yes If YES, attach DESCRIPTION OF WORK COMPLETED and provide permit numbers if applicable. 13. STATUS OF OTHER APPROVALS: Attach STATUS OF OTHER APPROVALS LIST, include any other permits, reviews, or approvals related to this proposed project that are either pending, or have already been approved or denied (see HELP 13). STATE EAW AND EIS REQUIREMENTS: Are state Environmental Assessment Worksheets or Environmental Impact Statements required for this project (see HELP 13)? ❑ no, not required ® yes, indicate status below ARCHEOLOGICAL OR CULTURAL RESOURCES DETERMINATIONS: Are you aware of any archeological or cultural resource determinations or surveys completed concerning the project or replacement site that are already completed or in process by the State Historical Society Preservation Office (SHPO) or others? ❑No ®Yes. If YES, please explain below or attach a copy of any determinations or surveys. Public Transportation and Utility Projects, Page 3 (August 2007) 0 IF the project will use federal funds, please check the following boxes: N The Section 106 (of the National Historic Preservation Act) review for this Federal Aid Highway Program funded project has been completed by the Federal Highway Administration (FHWA) per the 2005 Section 106 Programmatic Agreement. N The Section 7 (of the Endangered Species Act) review for this Federal Aid Highway Program funded project has been completed by the Federal Highway Administration (FHWA) per the letter dated April 11, 2007 to the U.S. Army Corps of Engineers and Fish and Wildlife Service. If the box above has been checked, copies of the Section 7 determinations are attached. 14. SPECIAL CONSIDERATIONS: Are you aware of any special considerations that apply directly or indirectly to either the impact sites(s) or the replacement sites(s)? Examples may include the presence of endangered species, special fish and wildlife resources, sensitive surface waters, calcareous fens, or waste disposal sites. (see HELP 14). N Not aware of any special considerations ❑ Yes, attach a list of SPECIAL CONSIDERATIONS and include brief descriptions of each consideration listed. 15. ON -SITE MITIGATION CONSIDERATIONS. List any important site -specific wetland functions and describe options considered for mitigation of these functions onsite. 16. HOW WILL PROPOSED REPLACEMENT BE ACCOMPLISHED: Wetland Banking only? ❑No NYes (if Yes, proceed to Question 17) Project -specific replacement only? ❑No ❑Yes (if YES, check all that apply below and proceed to Question 19) Project —specific replacement and Wetland Banking? ❑No ❑Yes (If Yes, check all that apply below, and proceed to Questions 18 and 19) any project —specific replacement Part A: The replacement wetland (affirm all statements): Was not previously restored or created under a prior approval replacement plan or permit; AND Was not drained or filled under an exemption during the previous 10 years, AND Was not restored with financial assistance from public conservation programs; AND Was not restored using private funds, other than those of the landowner, unless the funds are paid back with interest to the individual or organization that funded the restoration; and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement. Part B: Additional assurances (check all that apply); ❑ The wetland will be replaced before or concurrent with the actual draining or filling of a wetland. ❑ An irrevocable bank letter of credit, performed bond, or other acceptable security has been provided to guarantee the successful completion of the wetland replacement. ❑ The wetland losses will be replaced via withdrawal from an account in the State Wetland Bank. Part C: For projects involving any project -specific replacement: I will record the Declaration of Restrictions and Covenants of the deed for the property of which the replacement wetland(s) will be located; and I will at the same time submit proof of such recording to the LGU. Public Transportation and Utility Projects, Page 4 (August 2007) 0 17. IF REPLACEMENT CONSISTS OF WETLAND BANKING, check appropriate option(s) below: ® BWSR Road Replacement Program: this option is available only for repair, rehabilitation, reconstruction or replacement of existing county, township or city roads. (Note: the TEP must certify that the project qualifies for this option —page 6.) If all of your replacement qualifies for this option -you do not need to answer the remaining questions, please skip to the Applicant Signature Blocks (Pages S and 7). ® State Wetland Bank -proceed to Question 21. (You must also complete the Application for Withdrawal of Credits Form and include with your application, see HELP 17). 18. FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING: I affirm that to the best of my knowledge and belief that all information in this application is true, complete and accurate. I affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank. I affirm that a completed withdrawal form has been submitted to the BWSR Wetland Bank Coordinator for replacing losses through the State Wetland Bank. 19. DESCRIPTION OF REPLACEMENT WETLAND (S) CONSTRUCTION: (Complete this section only if you are conducting project -specific replacement). See HELP 19 and attach this description on a separate sheet of paper labeled DESCRIPTION OF REPLACEMENT WETLAND CONSTRUCTION. 20. SURPLUS WETLAND CREDITS: If using project -specific replacement, will the replacement result in any surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? ❑No ❑Yes. If Yes, submit a Wetland Banking Application directly to your LGU. Copies are available from your LOU, or you may download a copy from www.bwsr.state.mn.us 21. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below for all wetland replacement sites (including bank sites) except for replacement to be completed through the BWSR Road Replacement Program. If your project has more than one wetland replacement site, reference your overhead view to this chart and see HELP 21. Name of Major County Predominant Wetland Circ. 39 New Wetland Public Value Restored or Wetland Watershed Section Vegetation Type/Plant Credits Credits created? Replacement number Township Proposed Community Type (NWC) (PVC) Indicate Site Range R or C 127 33 23, 116,23 3/ShMa 3.98 21.88 C TOTALS: Applicant Signature To the best of my knowledge and belief, all information in this application is true, complete and accurate. I possess the authority to undertake the work described, or I am acting as the duly appointed agent of the applicant. Signature D to Public Transportation and Utility Projects, Page 5 (August 2007) FOR LGU USE ONLY For projects involving construction of new roads, increased traffic capacity or linear utility of projects, the replacement plan is (Check one): ❑ Approved ❑ Approved with conditions (conditions attached) ❑ Denied LOU official signature Date LGU has received evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland: County where recorded Date Recorded Document # assigned by Recorder LOU official signature Date FOR TEP USE ONLY This section must be completed for projects affecting more than 10,000 sq. ft. of wetland involving repair, rehabilitation, reconstruction, or replacement of a currently serviceable existing state, city, county, or township public road necessary to meet state or federal design or safety standards or requirements, and for which the impacts are proposed to be replaced by BWSR through the Public Road Replacement Program. No debit of wettand banking credits shall occur until a majority of the TEP members recommend approval by signing below. As indicated below, TEP members recommend the BWSR debit the State Wetland bank to provide replacement for wetland impacts identified on this form, and certify the following: • The public road authority has provided project -specific reports to TEP members at least 30 days prior to beginning construction, or within 30 days after an emergency repair resulting in less than 10,000 ft2 of impact; and • The TEP has reviewed minimization and delineation decisions made by the public road authority and determined the decisions to be satisfactory. ❑ Agree ❑ Disagree SWCD Representative (Date) ❑ Agree ❑ Disagree LOU Representative (Date) BWSR Representative (Date) ❑ Agree ❑ Disagree ❑ Agree ❑ Disagree DNR Representative (if applicable) (Date) Public Transportation and Utility Projects, Page 6 (August 2007) 0 1PPLJ('.1110\FOR DEPAR'TNENTOF ITI EARYl C PE10111133(414323i O\II; APPROX AL\n. a"Io-0R3 Fqa .. 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AGENT'S PHONE NO. - 11. ti EATE.NENT OF A 1THORIZATION G1 ifypfnalJr. cu eplF, only ff'arA:mfcary au aR•^o' I hstdw ]whnu: Belk Kunkei p(HA) to act Wi nN himll as nm agmn in tR rmccelu g a/dis A rpinnron Mid to Iurm it upon rCquc:!. sJ:•ry4tmc:urf wfurm:ion in w(-mn att 0o, PP pint mi, Lwaan APPi.R:ANT'ti SIGNATL•RE 2�DAIL 6 /p /r-- 12. PROJECT NAME OR TITLE. (sm Ianrcn!omi 13. NAME Or WATERBODY, IF KNOWR(irapplica6le) IJ. PROJFCTSTREET ADDRESS Iifappiitablc) 15. LOCATION OF PROJECT - 16. OTHER LOCATION DESCRIPTIONS. IF KNOWN (see inshnotiom) 17. DIRECr)ONS TO THE SITE 19. NATURE, OF ACTIVITY 19. PROJECT PURPOSE ?0. REASON(S) FOR DISCHARGE 21. TYPES OF MATERIAL BEING DISCHARGED AND THE AMOIN7' OF EACH TYPE IN CUBIC YARDS 22 SUI FACF A REA IN ACRES OF W FTLANDS OR OTHER WATERS FILLED 23. IS ANY PORTION OFTHE WORK ALRLADYCONIPLEfE? YES NO —IF YES, DRSCRIDE COMPLLTED WORK 24. ADDRESSES OF ADJOINING PROPER I Y OWNERS, 25- LISr OF OTHER CERTIFICATIONS OR APPROVALS DENIALS RECEIIT:D FROM OTHER FEDERAL. STATE OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION - - - 26. Apphration is hachY made for a permit or permits to anlhorw the %%vrk ckscribcd in this applimti(n. I cortife that the intur!tmtion in dlis applicatic%i is crmpleM nml accurate. I lusher terrify that I pos;c the awhcuit. In undcnake dw work deNaihed herein m am acting as Ilk: duly authudzed agent Of [lie applicant. S'gInmre o:'applicam 4 Signasneofapew Gram l Daw The apmicrion. mum h signed t9 Rice pubs ,ho dctucs to uwtertako dre proposed aeucm (applKmkl. or n nw 6c sip ed by a Jul' authonuJ agent If the stahmem in Block I I has hen filled out and mgm'd. Ifl U.S.C. Section 1001 mot Wes ant. 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Jul 97 EDMON OF FEB 47 IS OBSOLI; FE. lPrepo nt: CECIV-010 Nlumesroa I.ncal'SnmFedual ,\Fldtahnn FWms arc Wazur W¢load ProlCcis Irax _ 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2013-01 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 15, 2013, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Wetland Alteration Permit for proposed roadway reconstruction and improvement project for the segment of TH 101 between CSAH 18 (Lyman Boulevard) and CSAH 14 (Pioneer Trail). Applicant: City of Chanhassen. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2013-01 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Krista Spreiter, Natural Resources Technician Email: IWreiter@ci.chanhassen.mn.us Phone: 952-227-1173 (Publish in the Chanhassen Villager on January 3, 2013) E 0 Notice of Waiver of DNR Permitting Authority for Public Transportation Projects Project applicant/sponsor: Paul Oehme, Project Manager, City of Chanhassen Project name and description: TH101 Roadway Improvements, project # SP194-010-011 Project location: from CSAH 18 (Lyman Blvd) to CSAH 14 (Pioneer Trail) Public Water affected: unnamed public water wetland 10-215W (0.83 acres) Date application received: 11/09/12 Under Minnesota Rules Chapter 6115.0250, the Minnesota Department of Natural Resources is authorized to waive its permitting authority for certain activities in public waters to local government units and public transportation authorities administering the Minnesota Wetland Conservation Act. This notice is to inform you that the DNR is waiving its permitting authority for this project as follows: Type of waiver: Not applicable: Categorical waiver — for public transportation projects involving the repair, rehabilitation, reconstruction, or replacement of currently serviceable existing public roads affecting 10,000 sq. ft. or less of public waters wetlands. ✓ Discretionary waiver Authority waived to: City of Chanhassen Wetland replacement provided through: ✓ 1.32 acres: BWSR Public Road Wetland Banking Program (0.66 ac at 2:1 ratio ) ✓ 2.26 acres: City of Chanhassen wetland bank credits identified in wetland replacement plan (1.18 ac at 2:1 ratio) Future regulatory action regarding the public waters affected by this project will be handled by the above named agency under authority of the Minnesota Wetlands Conservation Act as implemented through Minnesota Rules Chapter8420. 7l/ ffcl�s.s November 20, 2012 John (Jack) Gleason I Area Hydrologist - West Metro I MnDNR 1 1200 Warner Road 1st. Paul, MN 55106 1 T: 651-259-5754 1 John.GleasonOstate.mn us eC: Terry Jeffery, Krista Spreiter - City of Chanhassen Claire Bleser - Riley Purgatory Bluff Creek WSD Ken Powell, Lynda Peterson - BWSR Michael Setering- USACE Greg Graczyk - Carver SWCD Melissa Doperalski, Terri Yearwood - DNR EWR Beth Kunkel, Kimley-Horn PCHANHASSEN PLANNING COMMISSION REGULAR MEETING JANUARY 15, 2013 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Lisa Hokkanen, Kim Tennyson and Bill Colopoulos MEMBERS ABSENT: Mark Undestad, and Kathleen Thomas STAFF PRESENT: Kate Aanenson, Community Development Director; Shartneen AI-Jaff, Senior Planner; Terry Jeffery, Water Resources Coordinator; Krista Spreiter, Natural Resources Technician; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Arturo Urrutia 408 Monk Court John Knoblauch 6450 Knob Hill Avenue, Excelsior LuAnn Markgraf 401 Rice Court Mary Muirhead 424 Monk Court Steve Lehto 8591 Tigua Lane PUBLIC HEARING: TH 101 IMPROVEMENT PROJECT: REOUEST FOR A WETLAND ALTERATION PERMIT FOR PROPOSED ROADWAY RECONSTRUCTION AND IMPROVEMENT PROJECT FOR THE SEGMENT OF TH 101 BETWEEN CSAH 18 (LYMAN BOULEVARD) AND CSAH 14 PIONEER TRAIL). APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 2013-01. Spreiter: Good evening Chairman Aller and members of the Planning Commission. As stated an application has been submitted by the City of Chanhassen for a wetland alteration permit as part of the Trunk Highway 101 roadway improvement project. As a result of the project the City is proposing impacts to 4 wetlands totaling 1.84 acres of permanent impact. The proposed project is to be located within the TH 101 corridor between Lyman Boulevard and Pioneer Trail. To give some background on the project, in 2007 the City of Chanhassen and the Minnesota Department of Transportation completed a corridor scoping study for TH 101 from Lyman Boulevard to the Scott County line. The study identified the segment of 101 from Lyman to Pioneer Trail as the highest priority for improvements. There currently are several safety concerns with the corridor, including steep grades, sharp curves, and inadequate sight distances. If completed the roadway improvements project will address these safety concerns and also provide increased capacity by constructing the current 2 lane undivided highway to a 4 lane divided highway with curb and gutter, a median separation, turn lanes and bicycle and pedestrian facilities. The project includes a proposed 10 foot multi -use recreational trail along the west side of 101 from Lyman Boulevard to Pioneer Trail connecting existing trails on the east side of 101 and Bandimere Park via an underpass at the entrance to the park. The project and it's improvements are consistent with the City's Comprehensive Plan, City Code, city and regional trail plans and are also presented in the Minnesota Department of Transportation's Jurisdictional Turnback Project List. The construction phase of the proposed project is scheduled to begin the summer of 2013 with final construction completion in July of 2014. As part of the project a wetland delineation report was completed and approved in February of 2012 identifying 5 wetlands in the area. Asa result of the proposed project the City of Chanhassen is requesting a wetland alteration permit for permanent impacts to 4 of the identified wetlands totaling 1.84 acres. The impacted wetlands are Wetlands 2, 3, 4, and 5. Wetland 2 is located just north of Bandimere Park on the east side of 101. The impact proposed is .04 of an acre. It's classified as a Type 3 or shallow Chanhassen Planning Commillon — January 15, 2013 • marsh wetland. Wetland 3 is located on the west side of 101, across from Bandimere Park. It outlets to Wetland 4 via a channel that flows between the two. Wetland 3 is identified as a Type 2 fresh, wet meadow. The proposed impact to Wetland 3 is .04 of an acre. Wetland 4 located on the west side of 101 just south of Wetland 3 consists of four wetland types. Type 1, floodplain forest. Type 2, fresh, wet meadow. Type 3, shallow marsh and Type 6, Shrub -Carr. It is also identified as a Minnesota DNR public water. However in this case the DNR has chosen to waive it's permitting authority to the City of Chanhassen. The proposed impact to Wetland 4 would be .83 acres. Wetland 5 lies in the northwest corner of the intersection of 101 and Pioneer Trail and is classified as a Type 2, fresh, wet meadow. The proposed impact to Wetland 5 is .93 acres. The majority of the impact resulting from creation of stormwater ponding. Chapter 20, Article VI of City Code requires that the applicant must comply with the Wetland Conservation Act. The Wetland Conservation Act requires that the applicant must adhere to the following sequencing. First the applicant must avoid impacts wherever possible. Second, if avoidance is not an option the applicant must minimize impacts to the greatest extent practical. And finally the applicant must replace the impacts that could not be avoided or minimized. The City of Chanhassen as the applicant has presented two alternatives to the proposed project that would avoid or minimize impacts to wetlands as required. These alternative options are described in the Joint Notification Application prepared by Kimley-Horn and Associates and are also presented in the staff report. The preferred design was chosen for various reasons including cost efficiency, reduction in maintenance and further wetland impact avoidance. Minimization efforts were then presented to minimize the proposed unavoidable impacts through a variety of measures which included reducing roadway slope near wetlands, achieving minimum distance between trail and roadway, reducing median and modifying the design of the stormwater ponds adjacent to wetlands. Finally the City is proposing to mitigate for the impacts using wetland banking credits from two different sources. Because the roadway improvements are safety driven the wetland impacts associated with the roadway and stormwater treatment is eligible for Board of Water and Soil Resources roadway replacement credits. The impacts that would result from the trail construction are not eligible. Therefore these impacts will be mitigated for through credits from the City's wetland bank # 127. Both are required to be mitigated for at a 2 to 1 ratio according to Chapter 8420 of the Wetland Conservation Act. In conclusion the City of Chanhassen, as the applicant, has completed the requirements set forth by City Code and the Wetland Conservation Act. Therefore staff is recommending approval with conditions outlined in the staff report. The motion can be found on page 14. This concludes my presentation. If there are questions on the roadway project in general, those can be directed towards the City Engineer or the City's consultant and I've included the contact information for the project which is also available on the City's website. Thank you and I'd be happy to take any questions at this time. Aller: Anyone have any questions? It was a great report. Very thorough. For those of you at home, the reports can be found on the website. Could you just, this isn't just a process that started last week. This is about a 5 year project, isn't it? Spreiter: I'm not sure when the planning portion of the project itself started. The delineation again 1 think was done in 2011 did it start? So yeah, I mean it's quite a process starting with the delineation itself. Aanenson: If I may Commissioner Aller. I think going back to the process, the corridor study was done a number of years ago. I think we shared that information with you and then you know try to get the plan put in place so when there's funding availability then the project can move forward so they kind of picked, identified some issues with that section of corridor. Whether it's the geometries to widen the road. Safety improvements and that sort of thing so that was put in place and then once the funding was secured then these are the steps that needed to go through and this is one of the steps that needs to happen for the road project to go forward. And maybe Alyson you can talk about the timing of the rest of the improvements for that section of the road. 2 Chanhassen Planning Commis�'ion — January 15, 2013 • Fauske: MnDOT would certainly have to go and get the final approvals so I think they were, if I remember correctly, I think they were looking at a 2015 start date to get going on some of these improvements but we would, as always we update the project website on the City's webpage so folks can keep checking back to that for updated information. Aller: And 1 just wanted to point out for those present and for those at home that this item's been before us several times. There have been many public hearings on this and visitations with the contractors and developers. And then this process with regard to the wetlands had to go through BWSR and other State departments. DNR and they've all looked at this as well. The report appears to indicate that it fits the requirements of the code. Am I understanding that correctly? You would agree with that? Spreiter: Yeah. Basically our code defers back to the Wetland Conservation Act process. It says that through that process approval has to be gained in order for the City to approve a wetland alteration permit so there was a TEP, Technical Evaluation Panel meeting that was held in November. After some kinks were worked out they approved the replacement plan and the impacts as well. Aller: And then the replacements here, BWSR's going to be a 2 for I? Spreiter: Yep. Both are 2 to 1 and the BWSR Roadway Replacement Bank is for roadway projects that are accepted under their criteria. From my understanding they have to be safety driven and then the stormwater impacts, because they're required as part of that, are also covered. The only thing that's not covered is the trail impacts so that's what is covered under our wetland bank. Aller: I just want everybody to be comfortable with the fact that the reason for some of the, and the need for the alteration is that it's a safety concern and the structure of the roadway we've looked at meets the bill now for those safety concerns regarding the steep grades, the curves and the sight alignments and that's why we need to do this in the first place. So it's for safety number one. And then number two, we've looked at several different alternatives and come up with what we believe is the best one and as a result of that, then we get the 2 for 1. Spreiter. Right. Aanenson: If I can Commissioner Aller, if you recall in the work session that we had maybe a year or so ago, we actually had the layout and then I know the City Council has been working through, we showed you kind of the preliminary design but the City Council then approved the final design, as we talked about the safety improvements. Giving better access to some of the people that had direct access onto. The City acquired a couple properties along the corridor. I think when we were on our tour this fall we actually went out and parked at Bandimere and looked across at some of those so this is kind of what needs to take place for those improvements to move forward. Aller: Great. Anything else? Okay, with that I'll open the public hearing portion of the meeting. Anyone wishing to come forward and speak either for or against or comment on the item before us can do so at this time. Please step forward and state your name and address for the record. Seeing no one coming forward on this matter, we'll go ahead and close the public hearing. Comments from the commissioners? Tennyson: No. Aller: Okay. Well 1 have no further comments or questions so I'll entertain a motion if there is one. Chanhassen Planning Commis39on — January 15, 2013 • Hokkanen: I'll propose a motion. The Chanhassen Planning Commission recommends that the City Council approve Wetland Alteration Permit #2013-01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvement Project and authorize the Water Resources Coordinator to sign the Joint Notification Application for approval of wetland replacement as shown in plans dated November 27, 2012, and based upon the included Findings of Fact and subject to the following conditions. Conditions I through 6, or do I need? Aller: Conditions within the staff report. And do you want to adopt the attached Findings of Fact. Hokkanen: And adopt the attached Findings of Fact. Colopoulos: I'll second that motion. Aller: Having a motion and a second, any discussion? Hokkanen moved, Colopoulos seconded that the Chanhassen Planning Commission recommends that the City Council approve Wetland Alteration Permit #2013-01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvement Project and authorize the Water Resources Coordinator to sign the Joint Notification Application for approval of wetland replacement as shown in plans dated November 27, 2012, and based upon the included Findings of Fact and subject to the following conditions: 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 20A01 — 20A21 of Chanhassen City Code. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and Army Corps of Engineers and comply with their conditions of approval. 4. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. 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 the City prior to commencement of activity. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 131IN OG "MTV cu 00 cf) C) _0 L- cu a) -5 C: 0 cn 0 E C) 0 .j 0 _0 0 0 C) < CLU) C) Background In 2007 the City of Chanhassen partnered with the MN Department of Transportation and Carver County to complete a corridor study for TH 101 from Lyman Blvd to the county line. The study identified the segment of TH 101 from Lyman Blvd to Pioneer Trail as the highest priority for improvement. The corridor currently has several safety concerns including steep grades, sharp curves, and inadequate sight distances. These have contributed to a 50% higher overall crash and severity rate. The proposed roadway improvements project will result in permanent impacts to four wetlands, totaling 1.84 acres. The applicant (City of Chanhassen) is planning to mitigate these impacts through the purchase of wetland banking credits. U) ■0 U O O 0. O L. CL G 1 4 O +. W N O = O C OC) 2 i Co (3) E MM W (z \ /1 :--' U 0C:) M C 2 + caCn�`~H O (D O q U O m, >(1) C) 10 0 'a j O Q o = 0 c O j L O O �O 70 0 N Ll r— TO r Q CL m % j 1` sf CD it v O L � !f • 0 • j r • � , 1 11i r f( i l rfrrrY# .SY� It E_17 t if a #� 4 i It r {.a. � # 81 ■ O W' M OF z W 1 • Ci E 1 h i.i CL M 10 a --�,- n - f *�=t:iiilf 4 i IJ at� r _o i ►I • .I WCA Requirements and Staff Recommendation ❑ City code (WCA). requires compliance with the Wetland Conservation Act ❑ WCA sequencing requires that the applicant must: 1) Avoid impacts 2) Minimize impact 3) Replace impacts • Wetland Impact Replacement ❑ The WCA requires that if impacts cannot be avoided, the applicant must replace the unavoidable impacts. ❑ Wetland replacement for the proposed TH 101 Roadway Improvements Project will be accomplished using both BWSR roadway replacement bank credits, as well as credits available from city -owned wetland bank #127. Both are required to be replaced at a 2:1 ratio. TYPE OF IMPACT REPLACEMENT TOTAL STORMWATER TEMPORARY METHOD ROADWAY TRAIL PONDS On -site R«�-_,�;niaton 0.67 ac 0.67 ac BWSR Road 1. •' ac 1.76 ac 3.08 ac Replacement Bank City Banked Credits ac 0.60 ac `Acct#127 Staff Recommendation ❑ City staff and the Technical Evaluation Panel (TEP) met on November 20, 2012 to review the project. The TEP recommended approval of the Replacement Plan at that time and adopted the WCA Findings of Fact. ❑ Staff recommends approval of the impacts associated with the TH 101 Roadway Improvements Project. PROPOSED MOTION: "The Chanhassen Planning Commission recommends • that City Council approve Wetland Alteration Permit #2013-01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvements Project; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated November 27, 2012 subject to conditions within this staff report. And, Adoption of the attached Findings of Fact and Recommendation. 13-01 CHANHASSEN PLANNING COMMISSION REGULAR MEETING JANUARY 15, 2013 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Lisa Hokkanen, Kim Tennyson and Bill Colopoulos MEMBERS ABSENT: Mark Undestad, and Kathleen Thomas STAFF PRESENT: Kate Aanenson, Community Development Director; Sharmeen AI-Jaff, Senior Planner; Terry Jeffery, Water Resources Coordinator; Krista Spreiter, Natural Resources Technician; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Arturo Urrutia 408 Monk Court John Knoblauch 6450 Knob Hill Avenue, Excelsior LuAnn Markgraf 401 Rice Court Mary Muirhead 424 Monk Court Steve Lehto 8591 Tigua Lane PUBLIC HEARING: TH 101 IMPROVEMENT PROJECT: REOUEST FOR A WETLAND ALTERATION PERMIT FOR PROPOSED ROADWAY RECONSTRUCTION AND IMPROVEMENT PROJECT FOR THE SEGMENT OF TH 101 BETWEEN CSAH 18 (LYMAN BOULEVARD) AND CSAH 14 (PIONEER TRAIL). APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 2013-01. Spreiter: Good evening Chairman Aller and members of the Planning Commission. As stated an application has been submitted by the City of Chanhassen for a wetland alteration permit as part of the Trunk Highway 101 roadway improvement project. As a result of the project the City is proposing impacts to 4 wetlands totaling 1.84 acres of permanent impact. The proposed project is to be located within the TH 101 corridor between Lyman Boulevard and Pioneer Trail. To give some background on the project, in 2007 the City of Chanhassen and the Minnesota Department of Transportation completed a corridor scoping study for TH 101 from Lyman Boulevard to the Scott County line. The study identified the segment of 101 from Lyman to Pioneer Trail as the highest priority for improvements. There currently are several safety concerns with the corridor, including steep grades, sharp curves, and inadequate sight distances. If completed the roadway improvements project will address these safety concerns and also provide increased capacity by constructing the current 2 lane undivided highway to a 4 lane divided highway with curb and gutter, a median separation, turn lanes and bicycle and pedestrian facilities. The project includes a proposed 10 foot multi -use recreational trail along the west side of 101 from Lyman Boulevard to Pioneer Trail connecting existing trails on the east side of 101 and Bandimere Park via an underpass at the entrance to the park. The project and it's improvements are consistent with the City's Comprehensive Plan, City Code, city and regional trail plans and are also presented in the Minnesota Department of Transportation's Jurisdictional Tumback Project List. The construction phase of the proposed project is scheduled to begin the summer of 2013 with final construction completion in July of 2014. As part of the project a wetland delineation report was completed and approved in February of 2012 identifying 5 wetlands in the area. As a result of the proposed project the City of Chanhassen is requesting a wetland alteration permit for permanent impacts to 4 of the identified wetlands totaling 1.84 acres. The impacted wetlands are Wetlands 2, 3, 4, and 5. Wetland 2 is located just north of Bandimere Park on the east side of 101. The impact proposed is .04 of an acre. It's classified as a Type 3 or shallow SCANNED Chanhassen Planning Commi3Sfon — January 15, 2013 • marsh wetland. Wetland 3 is located on the west side of 101, across from Bandimere Park. It outlets to Wetland 4 via a channel that flows between the two. Wetland 3 is identified as a Type 2 fresh, wet meadow. The proposed impact to Wetland 3 is .04 of an acre. Wetland 4 located on the west side of 101 just south of Wetland 3 consists of four wetland types. Type 1, floodplain forest. Type 2, fresh, wet meadow. Type 3, shallow marsh and Type 6, Shrub -Carr. It is also identified as a Minnesota DNR public water. However in this case the DNR has chosen to waive it's permitting authority to the City of Chanhassen. The proposed impact to Wetland 4 would be .83 acres. Wetland 5 lies in the northwest comer of the intersection of 101 and Pioneer Trail and is classified as a Type 2, fresh, wet meadow. The proposed impact to Wetland 5 is .93 acres. The majority of the impact resulting from creation of stormwater pending. Chapter 20, Article VI of City Code requires that the applicant must comply with the Wetland Conservation Act. The Wetland Conservation Act requires that the applicant must adhere to the following sequencing. First the applicant must avoid impacts wherever possible. Second, if avoidance is not an option the applicant must minimize impacts to the greatest extent practical. And finally the applicant must replace the impacts that could not be avoided or minimized. The City of Chanhassen as the applicant has presented two alternatives to the proposed project that would avoid or minimize impacts to wetlands as required. These alternative options are described in the Joint Notification Application prepared by Kimley-Horn and Associates and are also presented in the staff report. The preferred design was chosen for various reasons including cost efficiency, reduction in maintenance and further wetland impact avoidance. Minimization efforts were then presented to minimize the proposed unavoidable impacts through a variety of measures which included reducing roadway slope near wetlands, achieving minimum distance between trail and roadway, reducing median and modifying the design of the stormwater ponds adjacent to wetlands. Finally the City is proposing to mitigate for the impacts using wetland banking credits from two different sources. Because the roadway improvements are safety driven the wetland impacts associated with the roadway and stormwater treatment is eligible for Board of Water and Soil Resources roadway replacement credits. The impacts that would result from the trail construction are not eligible. Therefore these impacts will be mitigated for through credits from the City's wetland bank #127. Both are required to be mitigated for at a 2 to I ratio according to Chapter 8420 of the Wetland Conservation Act. In conclusion the City of Chanhassen, as the applicant, has completed the requirements set forth by City Code and the Wetland Conservation Act. Therefore staff is recommending approval with conditions outlined in the staff report. The motion can be found on page 14. This concludes my presentation. If there are questions on the roadway project in general, those can be directed towards the City Engineer or the City's consultant and I've included the contact information for the project which is also available on the City's website. Thank you and I'd be happy to take any questions at this time. Aller: Anyone have any questions? It was a great report. Very thorough. For those of you at home, the reports can be found on the website. Could you just, this isn't just a process that started last week. This is about a 5 year project, isn't it? Spreiter: I'm not sure when the planning portion of the project itself started. The delineation again I think was done in 2011 did it start? So yeah, I mean it's quite a process starting with the delineation itself. Aanenson: If 1 may Commissioner Aller. I think going back to the process, the corridor study was done a number of years ago. I think we shared that information with you and then you know try to get the plan put in place so when there's funding availability then the project can move forward so they kind of picked, identified some issues with that section of corridor. Whether it's the geometries to widen the road. Safety improvements and that sort of thing so that was put in place and then once the funding was secured then these are the steps that needed to go through and this is one of the steps that needs to happen for the road project to go forward. And maybe Alyson you can talk about the timing of the rest of the improvements for that section of the road. Chanhassen Planning Comml on — January 15, 2013 0 Fauske: MnDOT would certainly have to go and get the final approvals so I think they were, if I remember correctly, I think they were looking at a 2015 start date to get going on some of these improvements but we would, as always we update the project website on the City's webpage so folks can keep checking back to that for updated information. Aller: And 1 just wanted to point out for those present and for those at home that this item's been before us several times. There have been many public hearings on this and visitations with the contractors and developers. And then this process with regard to the wetlands had to go through BWSR and other State departments. DNR and they've all looked at this as well. The report appears to indicate that it fits the requirements of the code. Am I understanding that correctly? You would agree with that? Spreiter: Yeah. Basically our code defers back to the Wetland Conservation Act process. It says that through that process approval has to be gained in order for the City to approve a wetland alteration permit so there was a TEP, Technical Evaluation Panel meeting that was held in November. After some kinks were worked out they approved the replacement plan and the impacts as well. Aller: And then the replacements here, BWSR's going to be a 2 for I? Spreiter: Yep. Both are 2 to 1 and the BWSR Roadway Replacement Bank is for roadway projects that are accepted under their criteria. From my understanding they have to be safety driven and then the stormwater impacts, because they're required as part of that, are also covered. The only thing that's not covered is the trail impacts so that's what is covered under our wetland bank. Aller: I just want everybody to be comfortable with the fact that the reason for some of the, and the need for the alteration is that it's a safety concern and the structure of the roadway we've looked at meets the bill now for those safety concerns regarding the steep grades, the curves and the sight alignments and that's why we need to do this in the first place. So it's for safety number one. And then number two, we've looked at several different alternatives and come up with what we believe is the best one and as a result of that, then we get the 2 for 1. Spreiter: Right. Aanenson: If 1 can Commissioner Aller, if you recall in the work session that we had maybe a year or so ago, we actually had the layout and then I know the City Council has been working through, we showed you kind of the preliminary design but the City Council then approved the final design, as we talked about the safety improvements. Giving better access to some of the people that had direct access onto. The City acquired a couple properties along the corridor. I think when we were on our tour this fall we actually went out and parked at Bandimere and looked across at some of those so this is kind of what needs to take place for those improvements to move forward. Aller: Great. Anything else? Okay, with that I'll open the public hearing portion of the meeting. Anyone wishing to come forward and speak either for or against or comment on the item before us can do so at this time. Please step forward and state your name and address for the record. Seeing no one coming forward on this matter, we'll go ahead and close the public hearing. Comments from the commissioners? Tennyson: No. Aller: Okay. Well 1 have no further comments or questions so I'll entertain a motion if there is one Chanhassen Planning Commi3'Sfon — January 15, 2013 0 Hokkanen: I'll propose a motion. The Chanhassen Planning Commission recommends that the City Council approve Wetland Alteration Permit #2013-01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvement Project and authorize the Water Resources Coordinator to sign the Joint Notification Application for approval of wetland replacement as shown in plans dated November 27, 2012, and based upon the included Findings of Fact and subject to the following conditions. Conditions 1 through 6, or do I need? Aller: Conditions within the staff report. And do you want to adopt the attached Findings of Fact. Hokkanen: And adopt the attached Findings of Fact. Colopoulos: I'll second that motion. Aller: Having a motion and a second, any discussion? Hokkanen moved, Colopoulos seconded that the Chanhassen Planning Commission recommends that the City Council approve Wetland Alteration Permit #2013-01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvement Project and authorize the Water Resources Coordinator to sign the Joint Notification Application for approval of wetland replacement as shown in plans dated November 27, 2012, and based upon the included Findings of Fact and subject to the following conditions: 1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall receive the City's approval of a wetland replacement plan prior to any wetland impact occurring. 2. Wetland buffer areas shall be preserved, maintained, and/or created around all existing wetlands in compliance with Sections 20-401 — 20421 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. S. The applicant must obtain, and the City must have received copy of, an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts. 6. A signed Landowner Statement and Contractor Responsibility form shall be provided to the City prior to commencement of activity. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PROPOSED MOTION: The Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit #2013-01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvements Project; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated November 27, 2012 subject to conditions within this staff report. And, Adoption of the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: Request for a Wetland Alteration Permit for the construction of the TH 101 Roadway Improvements Project. LOCATION: Within the right-of-way along Trunk Highway 101 from Lyman Boulevard (CSAH 18) to Pioneer Trail (CSAH 14). APPLICANT: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 PRESENT ZONING: Agricultural Estate (A-2), Planned Unit Development (PUD), Planned Unit Development -Residential (PUD-R), Rural Residential (RR), Single -Family Residential District (RSF), and Bluff Creek Primary Corridor. 2030 LAND USE PLAN: Parks and Open Space, Mixed Use, Residential Low -Density ACREAGE: N/A DENSITY: N/A SUMMARY OF PROPOSAL Request for a Wetland Alteration Permit for the construction of the proposed TH 101 Roadway Improvements Project. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has limited discretion in approving or denying a wetland alteration permit, based on whether or not the proposal meets the wetland alteration permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable wetland alteration permit standards are met, the permit must be approved. This is a quasi-judicial decision. SCANNEC TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 2 of 15 APPLICABLE REGUATIONS • Chapter 20, Article IV, Conditional Uses: Wetland Alteration Permits follow the Conditional Use Permit criteria. • Chapter 20, Article VI, Wetland Protection PROPOSAL SUMMARY The City of Chanhassen is requesting a wetland alteration permit for wetland impacts as a result of the proposed TH 101 Roadway Improvements Project. The proposed project consists of reconstruction of TH 101 between Lyman Boulevard (CSAH 18) and Pioneer Trail (CSAH 14) within the City of Chanhassen. The City of Chanhassen will improve the existing roadway by reconstructing the roadway from a two-lane undivided highway to a four -lane divided highway with curb and gutter, a median separation, turn lanes, and bicycle and pedestrian facilities, including a trail on the west side of the roadway with an underpass connecting the trail on the west side to Bandimere Park (Figure 1). Figure I �oPd•en FWM I. Pf*dt°rftn TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 3 of 15 In order to accommodate the reconstruction, the applicant is proposing impacts to four wetlands totaling 1.84 acres of permanent wetland impacts, and .67 acres of temporary wetland impacts. Because the roadway improvements are safety driven, the impacts from the roadway and creation of the stormwater ponds are eligible to be replaced using credits from the Board of Water and Soil Resources (BWSR) roadway replacement bank, as described in the approved Environmental Assessment/Environmental Assessment Worksheet (EA/EAW) and confirmed by the Technical Evaluation Panel (TEP). Because the impacts for this portion of the proposed project are eligible for BWSR replacement credits, the required replacement ratio for the roadway and stormwater pond impacts are 2:1. The impacts that result from trail construction are not eligible for BWSR replacement credit. Therefore, the applicant is proposing to replace these impacts using wetland bank credits from City -owned wetland bank #127, also located within Chanhassen. The replacement wetland is located within the same Bank Service Area (BSA 9) and Major Watershed (Minnesota-33) as the impacted wetland; therefore, only a 2:1 replacement ratio is required. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA) Rules. BACKGROUND The corridor has several safety concerns such as steep grades, sharp curves, and severe grade changes. These safety issues create inadequate sight distances along the corridor resulting in blind intersections with public streets, private drives, and pedestrian crossings. These issues have also contributed to a 50% higher overall crash and severity rate than other rural two lane roadways in the Metro Area. The City of Chanhassen, in cooperation with the Minnesota Department of Transportation (MnDOT) and Carver County completed a corridor scoping study for Trunk Highway (TH) 101 from Lyman Boulevard to the Scott County line in 2007. The study identified the segment of TH 101 from Lyman Boulevard (CSAH 18) to Pioneer Trail (CSAH 14) as the highest priority for improvement. Improvements to this segment of TH 101 are necessary to address existing safety deficiencies and to provide for the present and future traffic needs of the area. A state and federal environmental review document was also completed and approved for this project, which described the need for the project to improve public safety for vehicles and pedestrians. DISCUSSION The City of Chanhassen will improve the existing roadway by reconstructing the roadway from a two-lane undivided highway to a four -lane divided highway with curb and gutter, a median separation, turn lanes, and bicycle and pedestrian facilities, including a trail on the west side of the roadway with an underpass connecting the trail on the west side to Bandimere Park. The number of access points is to be reduced from eight to four within the proposed reconstruction segment, and the project will also modify the road grade to flatten the horizontal and vertical curves. The horizontal and vertical design speed of the Preferred Alignment will be 40 mph which results in reducing the sharp curves and vertical profile that currently exists, improving safety, and the ability of the corridor to function as a minor arterial roadway and add capacity. 0 • TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 4 of 15 A trail will be constructed as part of the proposed improvements along the west side of the roadway from Bandimere Park to Pioneer Trail. The trail will be a 10-foot wide multi -use trail with a 5-foot boulevard between the trail and roadway. The western segment will connect to Bandimere Park through a trail underpass. Another trail segment is proposed as part of the project along the east side of TH 101 beginning at Pioneer Trail and connecting to the existing trail within Bandimere Park. Attaining dual trails on both sides of the roadway is intended to limit the need for at -grade pedestrian crossings, resulting in improved pedestrian safety. This is also consistent with City and regional trail plans. Wetlands within the proposed project area were delineated by Kimley-Horn in June 2011, reviewed in July 2011 by the Technical Evaluation Panel (TEP), and approved in January 2012 by the City of Chanhassen. The delineation identified five wetland areas within the proposed project areas (see Figure 2). The proposed improvements will result in permanent impacts to wetlands described and shown (Figures 3 and 4) as follows: TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 5 of 15 Wetland 2: This wetland is classified as a Manage 2 wetland under the city's wetland classification system, and a Type 3 (Shallow Marsh) according to Fish and Wildlife Service Circular 39. It is located east of TH 101 and north of the Bandimere Park entrance. The predominant vegetation in the impacted area is Cattails (Typha angustifolia). The proposed impact to this wetland will be approximately .04 acres (see Figure 3). Figure 3 rIL-E - .ti ✓/ I I ' ��l c^ I�Y�lb� \�! 1 M(�IeYLYG r-avn-- �aGsz AIL �- Wetland 3: This wetland is classified as a Manage 2 wetland under the city's wetland classification system, and a Type 2 (Fresh (wet) Meadow/Shallow Marsh) according to Fish and Wildlife Service Circular 39. It is located directly west of TH 101 and Bandimere Park. It is connected to Wetland 4 by a channel that directs water from Wetland 3 to Wetland 4. The predominant vegetation in the impacted area is Reed Canary Grass (Phalaris arundinacea) and Cattails (Typha angustifolia). The proposed impact to this wetland will be approximately .04 acres (see Figure 3). Wetland 4: This wetland is classified as a Manage 2 wetland under the city's wetland classification system. It is classified as wetland Type 2 (Fresh (Wet) Meadow), Type 1 (Floodplain Forest), Type 3 (Shallow Marsh), and Type 6 (Shrub -Carr) according to Fish and Wildlife Service Circular 39. This wetland was identified on the DNR Public Waters Map as DNR wetland #215 W. Wetland 4 is located immediately south of Wetland 3, and is connected by a channel that flows from Wetland 3 into Wetland 4. The outlet of Wetland 4 is a culvert/channel just south of Kiowa Trail that flows to Riley Lake. The predominant vegetative 0 TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 6 of 15 species in the impacted area are Reed canary grass (Phalaris arundinacea), Cattails (Typha angustifolia), and Eastern Cottonwood (Populus deltoidesz). The proposed impact area in this wetland is approximately .83 acres (see Figure 4). Wetland 5: This wetland is classified as a Manage 2 wetland under the city's wetland classification system. It is classified as a Type 2 (Fresh (Wet) Meadow) according to Fish and Wildlife Service Circular 39. This wetland is located immediately northwest of the intersection of TH 101 and Pioneer Trail. The predominant vegetative species in the impacted area are Green Ash (Fraxinus pennsylvanica), Paper Birch (Betula papyrifera), Reed Canary Grass, and Spike Rush (Eleocharis obtusa). The proposed impact area in this wetland is approximately .93 acres (see Figure 4). Figure 4 Con Z=W ALTERNATIVES The Wetland Conservation Act requires the applicant to list at least two alternatives to the proposed project that would avoid or minimize impacts to wetlands or waters (one of which may be "no build" or "do nothing"). The applicant then must list and explain why the option described in the application was chosen over these alternatives. The following alternatives were presented in the Joint Notification Application submitted by the applicant: TH 101 Roadway Improvements Project Wetland Alteration Permiit Planning Case #2013-01 January 15, 2013 Page 7 of 15 The City has evaluated the no -build alternative as well as an alternative roadway alignment to avoid the proposed wetland impacts. In addition, other roadway alignments and alternatives were evaluated to meet the project's purpose and need, and were reported in the approved Environmental Assessment/Environmental Assessment Worksheet (EA/EAW), meeting National Environmental Policy Act (NEPA) requirements. Each of the scenarios is described below. Roadway A No -Build alternative would entail making no geometric changes to the roadway or adding any additional traffic lanes or turn lanes. It would not serve the intended function of a minor arterial roadway. Safety issues related to the sharp curves, rolling roadway, and limited sight distance would remain or worsen with the increased traffic demand. Existing access points would remain, creating many conflict points. This would maintain and possibly increase the crash rates which are presently higher than the statewide average. The existing roadway will not support local growth nor will it serve regional needs as TH 101 provides one of the only Minnesota River crossings in the area. The No -Build condition would not require any new right-of-way acquisitions or any wetland impacts. This alternative is not feasible as it does not improve safety and capacity within the corridor. The No -Build alternative does not address the purpose and need for the project. A roadway alignment shift alternative was also evaluated. This alternative would require the four -lane roadway to be shifted to the east to attempt to reduce the amount of wetland impact. The shifted roadway alignment would minimize wetland impacts to Wetlands 1, 3 and 4; however, this alignment would result in impacts to Bandimere Park. The shifting of the roadway would impact the ball fields, which would require substantial changes to the park. These impacts would require mitigation and replacement of the impacted parkland and park uses. This alternative results in substantial costs to the city for park reconfiguration and replacement parkland, and was not favorable from a Section 4(f) standpoint, and therefore was dropped from further consideration (Section 4(f) of the Department of Transportation Act of 1966 is a federal law intended to prevent conversion of certain parks, wildlife and waterfowl refuges, recreation areas or historic properties to transportation use). Trail A trail is proposed for the west side of TH 101 from Lyman Boulevard (CSAH 18) on the north side to Pioneer Trail (CSAH 14) on the south side. This trail will be a standard 10-foot multi -use trail. The trail will connect to the east side of the roadway by an underpass at the entrance of Bandimere Park. This trail is a part of the regional trail system, and will provide the north -south connection to the Regional trail system within Carver County and the City of Chanhassen. The no -build alternative was reviewed as part of this project. If the trail was not constructed on the west side of the road, there would be a safety concern for pedestrians trying to access Bandimere Park from the west side of the roadway. Pedestrians would have to cross down at the intersection of Pioneer Trail and TH 101. The trail underpass located at the entrance of Bandimere Park would be constructed but would not connect the trail in the park to anything on the west side of the roadway. This trail is also part of the Regional Trail System in Carver County. TH 101 Roadway Improvements Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 8 of 15 Stormwater Management Stormwater basins are to be constructed in three different locations as part of the TH 101 Roadway Improvements Project. Basins land 2 will be located outside of any wetland areas and therefore will not impact wetlands. The southern basin (Pond 3) will be located northwest of the TH 101 and Pioneer Trail intersection and will be constructed in the adjacent wetland. There were two stormwater basin size and location alternatives considered. The preferred pond location is a stormwater basin located adjacent to the roadway. This stormwater basin will be approximately 1.7 acres in size. This treatment pond will collect runoff from 96th Street to the Pioneer Trail intersection. This option would impact 0.88 acres of wetland. The other alternative for the Pond 3 location is a two -cell stormwater system with an infiltration basin and detention pond. The infiltration basin is located in the parcel adjacent to the roadway right-of-way. The infiltration basin would avoid most of the wetland impacts; however, the detention pond would be located within the wetland area (Area 5). The pond would be a storage pond with an outlet into the wetland. The cost comparison between the two would be similar. The City would need to purchase approximately 3,000 square feet of additional drainage easement from the landowners in the two - cell system than in the one -cell system. The maintenance would be greater for the two -cell system rather than the one -cell system. The two -cell system would also require more easement as construction of the detention pond would be in the middle of the wetland. The detention pond would essentially stay as wetland; however, it would change the function and type of that wetland area The wetland would go from a fresh meadow to a deep marsh wetland. Due to the additional wetland impact (temporary and permanent) and a greater maintenance requirement, the City dropped the two -cell stormwater system from further consideration. Impact Minimization The Wetland Conservation Act requires that if avoidance is not an option, the unavoidable impacts are minimized to the greatest extent practicable. Efforts have been made by the applicant to minimize the proposed wedand impacts through a variety of measures, which included reducing the roadway slope near wetlands, achieving minimum distance between the trail and the roadway, reducing median, and modifying the design of the stormwater ponds to avoid impacts to adjacent wetlands wherever possible. Specific instances include the following: • Wetland impacts were minimized by reducing the roadway slope from a 3:1 to a 2:1 slope near wetlands. • The clear zone between the trail and the roadway was designed to the minimum distance while still retaining design standards to minimize the impacts to Wetland 4. • The designed median was reduced in size to minimize wetland impacts to the extent Possible in the segment adjacent to Wetland 4. • Stormwater ponds have also been designed and/or modified to the extent possible to avoid impacts to the adjacent wetlands. TH 101 Roadway Improv Project Wetland Alteration Pemut• Planning Case #2013-01 January 15, 2013 Page 9 of 15 Wetland Replacement Wetland replacement for this project will be accomplished via a number of methods; restoration for temporary impacts, BWSR roadway replacement bank, and city -owned wetland bank credits. On -site replacement was not encouraged due to the small size of the replacement needed (less than five acres), adjacent invasive species (reed canary grass), maintenance requirements, and low probability of long-term success. BWSR Roadway Replacement Bank Because the roadway improvements are safety driven as described in the approved EA/EAW and confirmed by the TEP, the impacts from the roadway portion of the project are eligible to be replaced through credits from the Board of Water and Soil Resources (BWSR) roadway replacement bank. Because the roadway improvements are being replaced by BWSR roadway replacement credits, the wetland impacts resulting from the creation of the stormwater ponds will also be covered by BWSR roadway replacement. The replacement site is within the City of Chanhassen and the roadway replacement credits will be taken from the BWSR roadway replacement bank; therefore, the replacement ratio for the roadway and stormwater pond impacts will be 2:1. This results in BWSR roadway replacement of 3.08 acres of wetland mitigation credits for the 1.54 acres of impact from roadway and stormwater pond improvements. City -owned Banked Credit The impacts that result from trail construction are not eligible for BWSR replacement credit. Therefore, replacement credits approved by BWSR and the Army Corps of Engineers, available from the City's wetland bank (Account # 127), will be used for replacement of the wetlands impacted from trail construction (.30 acres). The replacement wetland is located within the same Bank Service Area (BSA 9) and Major Watershed (Minnesota-33) as the impacted wetland; therefore, a 2:1 replacement ratio is required, resulting in withdrawal of 0.60 acres of credit from the City's wetland Bank Account #127. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA). Impact amounts, replacement amounts, and method are shown in Table 1. Table 1. REPLACEMENT METHOD TYPE OF IMPACT TOTAL ROADWAY TRAIL STORMWATER PONDS TEMPORARY On -site Restoration 0.67 ac 0.67 ac BWSR Road Replacement Bank 1.32 ac 1.76 ac 3.08 ac City Banked Credits Acct #127 0 ac 0.60 ac Restoration Temporary impacts will be provided at a 1:1 ratio to cover the 0.67 acres of temporary disturbance. The temporary impacts to Wetlands 1 and 3 will be restored within six months of the initial impact. Areas with temporary impacts will be restored back to preconstruction conditions (grades) and will be reseeded with Minnesota Department of Transportation native seed mix 34-181, `Emergent Wetland'. Erosion Control Plans are shown in Appendix C of the Joint Notification Application. TH 101 Roadway Improv • is Project Wetland Alteration Permit• Planning Case #2013-01 January 15, 2013 Page 10 of 15 Due to the amount of time necessary to effectively surcharge muck soils, the temporary impacts to Wetland 4 is required for a longer period of time. The surcharge will be in place for up to 12 months. The surcharge specifications are included in Appendix B of the Joint Notification Application After the surcharge is complete in the temporary wetland impact area, the surcharge will be removed down to six inches below the original wetiand/water elevation and replaced with six inches of clean hydric soil. The area will then be reseeded with MnDOT native seed mix 34-181. OTHER AGENCIES The applicant is responsible for obtaining any permits or approvals from the appropriate regulatory agencies and compliance with their conditions of approval. FINDINGS The Planning Commission shall recommend a wetland alteration permit and the Council shall issue such wetland alteration permit only if it finds that: a. The proposed project will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Funding. The proposed wetland impacts that will occur with the TH 101 Roadway Improvements Project have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to address existing safety deficiencies and to provide for the present and future traffic needs of the area, improving safety and convenience for residents and recreationalists. b. The proposed project will be consistent with the objectives of the city's Comprehensive Plan and the zoning chapter of the City Code. Finding. The proposal is consistent with the objectives of the citys Comprehensive Plan and City Code. It complies with all city, state and federal requirements. The need for the proposed roadway improvements are presented in the Citys 2030 Comprehensive Plan, as well as the MN Department of Transportation's Jurisdictional Turnback Project List. Trail construction is shown in the Citys Future Park & Recreation Initiatives map and is consistent with city and regional trail plans. The stormwater ponds will provide storage and treatment for roadway and trail runoff' improving water quality within the project area. c. The proposed project will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area Finding. The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands through a variety of measures, which include reducing the roadway slope near wetlands, achieving TH 101 Roadway lrnprovements Project Wetland Alteration Permi• Planning Case #2013-01 January 15, 2013 Page 11 of 15 minimum distance between the trail and the roadway, reducing median, and modifying the design of the stormwater ponds to avoid impacts to adjacent wetlands wherever possible. Currently, the proposed project is located within an area that includes single- family residential neighborhoods, rural residential neighborhoods, and Bandimere Park The proposed project would provide safety improvements for residents, drivers, and recreationalists, as well as providing a connection to existing and future trails and neighborhoods. Thus, remaining compatible with and enhancing the existing and intended character and appearance of the area. d. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. Finding. The surrounding uses are zoned for single-family residential, public/semi- public, and parks and open space. The wetland impacts proposed as a result of the project are not foreseen to cause hazards or disturbance to existing or planned neighboring uses. The proposed project is considered an enhancement to neighboring uses, as well as providing increased safetyfor residential neighborhoods and businesses, by providing a safer roadway and pedestrian and non -motorized recreational route. e. The proposed project will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding. Any changes to drainage structures or additional drainage structures needed as a result of the proposed wetland impacts will be designed and constructed by the applicant's contracted consultant in compliance with city design standards. Proposed roadway improvements will continue to be maintained by the MN Department of Transportation until 2014, when maintenance responsibilities are planned to be acquired by Carver County. Trails and stormwater facilities will continue to be maintained by the City of Chanhassen, and will be designed and constructed according to city standards. f. The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed wetland impacts associated with the TH 101 Roadway Improvements Project will not create excessive need for public factlities and services. The roadway improvements project requires some additional services required by the city associated with trail and stormwater maintenance. In addition, the proposed roadway improvements project is foreseen as an enhancement to economic community welfare by Providing safety improvements for residents and recreationalists to local businesses. g. The proposed project will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the TH 101 Roadway Improve• is Project Welland Alteration Permit* Planning Case #2013-01 January 15, 2013 Page 12 of 15 general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: The proposed wetland alterations are not expected to be detrimental to any persons, property or the general welfare. h. The proposed project will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The proposed wetland impacts will not create nor interfere with traffic and surrounding public thoroughfares. When completed, the proposed roadway improvements will result in improved approaches and will provide safer conditions for both pedestrian and vehicular traffic. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed wetland impacts associated with the project will have no impact on solar access, natural, scenic or historic features of major significance. j. The proposed project will be aesthetically compatible with the area. Finding: The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area. In addition, the proposed roadway improvements project will complement the area. k. The proposed project will not depreciate surrounding property values. Finding: The proposed wetland impacts have been minimized to the greatest extent feasible, while still allowing for the roadway improvements project to occur. The proposed roadway improvements project will create a safer setting and will be an asset to the surrounding properties. 1. The proposed project will meet standards prescribed for certain uses as provided in the City code. 20-410 (b) When a permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. Finding. The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the ecological and hydrological characteristics of remaining wetland. TH 101 Roadway Improvements Project Wetland Alteration Permit• Planning Case #2013-01 January 15, 2013 Page 13 of 15 (2) It shall be located as to minimize the impact on vegetation. Finding: Efforts have been made by the applicant to minimize the impact on wetlands and vegetation through a variety of measures, which included reducing the roadway slope near wetlands, achieving minimum distance between the trail and the roadway, reducing median, and modifying the design of the stormwater ponds to avoid impacts to adjacent wetlands wherever possible. (3) It shall not adversely change water flow. Finding: The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the hydraulic and hydrological characteristics of remaining wetland. (4) The size of the altered area shall be limited to the minimum required for the proposed action. Finding: The applicant has made a reasonable effort to limit the proposed wetland impacts to the minimum amount required in order to complete the roadway improvements project. During construction the contractor is required to follow approved plans to limit alterations to the minimum the project necessitates. (5) The disposal of any excess material is prohibited within remaining wetland areas. Finding: The applicant and their contractor are prohibited from disposing of excess material within remaining wetland areas as well as any other activities which may negatively impact the remaining wetland areas. (6) The disposal of any excess material shall include proper erosion control and nutrient retention measures. Finding: The applicant and their contractor must submit a satisfactory erosion and sediment control plan, and comply with all applicable sections of Chanhassen City Code, the city's Surface Water Management Plan, and the Minnesota Pollution Control Agency. (7) Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. TH 101 Roadway Improve• is Project Wetland Alteration Permit• Planning Case #2013-01 January 15, 2013 Page 14 of 15 Finding: The applicant and their contractor are required to refrain from any wetland altering activity during waterfowl breeding and fish spawning season. (8) Alterations to wetland areas shall be mitigated in accordance with the requirements of this article if the activity results in a loss of wetland area and/or function and value of the wetland. Finding: Time applicant has submitted a replacement plan as part of the Joint Notification Application for Wetland Replacement which was received on November 27, 2012. The applicant is proposing to replace the impacted area using wetland bank credits. The required replacement ratio is 2:1. This is consistent with Chapter 8420.0522 ofthe Wetland Conservation Act (WCA) Rules, and City Code, Chapter 20, Article VI. (9) Dedicated buffers in accordance with sections 20-411. Finding. The applicant must comply with the City's Wetland Protection Ordinance. In order to accommodate the reconstruction, the plan proposes impacts to four wetlands totaling 1.84 acres of permanent wetland impacts, and .67 acres of temporary wetland impact. The City is proposing to replace the permanently impacted area resulting from roadway and stormwater treatment construction using 3.08 acres of wetland bank credit from the Board of Water and Soil Resources (BWSR) roadway replacement bank, and impacted area resulting from trail construction using .60 acres of wetland bank credit from City -owned wetland bank #127. In both cases the requirement calls for a 2:1 replacement ratio. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA) Rules. The applicant must receive the City's approval of a wetland replacement plan prior to any wetland impact occurring. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit #2013-01 to impact 1.84 acres of wetland for the purpose of the construction of the proposed TH 101 Roadway Improvements Project; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated November 27, 2012, and based upon the included Findings of Fact and subject to the following conditions: TH 101 Roadway Improvefnts Project Wetland Alteration Permit Planning Case #2013-01 January 15, 2013 Page 15 of 15 1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall receive the City's approval of a wetland replacement plan prior to any wetland impact occurring. 2. Wetland buffer areas shall be preserved, maintained, and/or created around all existing wetlands in compliance with Sections 20-401— 20-421 of Chanhassen City Code. 3. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and Army Corps of Engineers and comply with their conditions of approval. 4. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. 5. The applicant must obtain, and the city must have received copy of, an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts. 6. A signed Landowner Statement and Contractor Responsibility form shall be provided to city prior to commencement of activity. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Joint Notification Application for Wetland Replacement (attachments can be viewed on city's website). 4. Public Hearing Notice. 5. Notice of Waiver of DNR Permitting Authority for Public Transportation Projects. gAp1an12013 planningcases\2013-01 th 101 wap\staffreporifof th 101.do L CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: The application of the City of Chanhassen for a Wetland Alteration Permit for wetland replacement for proposed impacts to four wetlands totaling 1.84 acres, as a part of the proposed TH 101 Roadway lmprovements project. On January 15, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for a wetland alteration permit to impact four wetlands. The total area proposed to be impacted is 1.84 acres. The Planning Commission conducted a public hearing on the wetland alteration permit which was preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT I . The property is currently zoned Agricultural Estate, Rural Residential, Planned Unit Development, Planned Unit Development -Residential, and Single -Family Residential and Bluff Creek Primary Corridor. 2. The property is guided in the Land Use Plan for Parks and Open Space, Residential Low - Density and Mixed Use. 3. The proposed project is located within the TH 101 corridor between Lyman Boulevard (CSAH 18) and Pioneer Trail (CSAH 14) within the City of Chanhassen. 4. City code directs that a wetland alteration permit shall not be issued without having been fast reviewed by the Planning Commission and approved by the City Council following the review and hearing procedures set forth for conditional use permits and the additional requirement of Minnesota Rules Chapter 8420.0230. Wetland alteration and Conditional Use Criteria: a. The proposed project will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed wetland impacts that will occur with the TH 101 Roadway Improvements Project have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to address existing safety deficiencies and to provide for the present and future traffic needs of the area, improving safety and convenience for residents and recreationalists. • 0 b. The proposed project will be consistent with the objectives of the city's Comprehensive Plan and the zoning chapter of the City Code. The proposal is consistent with the objectives ofthe city's Comprehensive Plan and City Code. It complies with all city, state and federal requirements. The need for the proposed roadway improvements are presented in the Citys 2030 Comprehensive Plan, as well as the AN Department of Transportation's Jurisdictional Turnback Project List. Trail construction is shown in the City's Future Park & Recreation Initiatives map and is consistent with city and regional trail plans. The storm water ponds will provide storage and treatment for roadway and trail run-off, improving water quality within the project area. c. The proposed project will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands through a variety of measures, which include reducing the roadway slope near wetlands, achieving minimum distance between the trail and the roadway, reducing median, and modifying the design of the storm water ponds to avoid impacts to adjacent wetlands wherever possible. Currently, the proposed project is located within an area that includes single-family residential neighborhoods, rural residential neighborhoods, and Bandimere Park The proposed project would provide safety improvements for residents, drivers, and recreationalists, as well as providing a connection to existing and future trails and neighborhoods, thus remaining compatible with and enhancing the existing and intended character and appearance of the area. d. The proposed project will not be hazardous or disturbing to existing or planned neighboring uses. The surrounding uses are zoned for single-family residential, public/semi public, and parks and open space. The wetland impacts proposed as a result of the project are not foreseen to cause hazards or disturbance to existing or planned neighboring uses. The proposed project is considered an enhancement to neighboring uses, as well as providing increased safetyfor residential neighborhoods and businesses, by providing a safer roadway and pedestrian and non -motorized recreational route. e. The proposed project will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 2 Any changes to drainage structures or additional drainage structures needed as a result of the proposed wetland impacts will be designed and constructed by the applicant's contracted consultant in compliance with city design standards. Proposed roadway improvements will continue to be maintained by the AN Department of Transportation, until 2014, when maintenance responsibilities are planned to be acquired by Carver County. Trails and storm water facilities will continue to be maintained by the City of Chanhassen, and will be designed and constructed according to city standards. f The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed wetland impacts associated with the TH 101 Roadway Improvements Project will not create excessive need for public facilities and services. The roadway improvements project requires some additional services required by the city associated with trail and storm water maintenance. In addition, the proposed roadway improvements project is foreseen as an enhancement to economic community welfare, by providing safety improvements for residents and recreationalists to local businesses. g. The proposed project will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The proposed wetland alterations are not expected to be detrimental to any persons, property or the general welfare. h. The proposed project will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The proposed wetland impacts will not create nor interfere with traffic and surrounding public thoroughfares. When completed the proposed roadway improvements will result in improved approaches, and will provide safer conditions for both pedestrian and vehicular traffic. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The proposed wetland impacts associated with the project will have no impact on solar access, natural, scenic or historic features of major significance. j. The proposed project will be aesthetically compatible with the area. The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area. In addition, the proposed roadway improvements project will complement the area. k. The proposed project will not depreciate surrounding property values. The proposed wetland impacts have been minimized to the greatest extent feasible, while still allowing for the roadway improvements project to occur. The proposed roadway improvements project will create a safer setting and will be an asset to the surrounding properties. L The proposed project will meet standards prescribed for certain uses as provided in the City code. 20-410 (b) When a permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the ecological and hydrological characteristics of remaining wetland. (2) It shall be located as to minimize the impact on vegetation. Efforts have been made by the applicant to minimize the impact on wetlands and vegetation through a variety of measures, which included reducing the roadway slope near wetlands, achieving minimum distance between the trail and the roadway, reducing median, and modifying the design of the stormwater ponds to avoid impacts to adjacent wetlands wherever possible. (3) It shall not adversely change water flow. The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the hydraulic and hydrological characteristics of remaining wetland. (4) The size of the altered area shall be limited to the minimum required for the proposed action. The applicant has made a reasonable effort to limit the proposed wetland impacts to the minimum amount required in order to complete the roadway improvements project. During construction the contractor is required to follow approved plans to limit alterations to the minimum the project necessitates. (5) The disposal of any excess material is prohibited within remaining wetland areas. The applicant and their contractor are prohibited from disposing of excess material within remaining wetland areas as well as any other activities which may negatively impact the remaining wetland areas. (6) The disposal of any excess material shall include proper erosion control and nutrient retention measures. The applicant and their contractor must submit a satisfactory erosion and sediment control plan, and comply with all applicable sections of Chanhassen City Code, the citys Surface Water Management Plan, and the Minnesota Pollution Control Agency. (7) Alterations to any wetland area are prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. The applicant and their contractor are required to refrain from any wetland altering activity during waterfowl breeding and fish spawning season. (8) Alterations to wetland areas shall be mitigated in accordance with the requirements of this article if the activity results in a loss of wetland area and/or function and value of the wetland. The applicant has submitted a replacement plan as part of the Joint Notification Application for Wetland Replacement which was received on November 27, 2012. The applicant is proposing to replace the impacted area using wetland bank credits. The required replacement ratio is 2:1. This is consistent with Chapter 8420.0522. of the Wetland Conservation Act (WCA) Rules, and City Code, Chapter 20, Article VI. (9) Dedicated buffers in accordance with sections 20411. The applicant must comply with the Citys Wetland Protection Ordinance. 5. The planning report #2013-01, dated January 15, 2013 prepared by Krista Spreiter, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the Wetland Alteration Permit of Planning Case 2013-01. ADOPTED by the Chanhassen Planning Commission this 15s' day of January, 2013. CHANHASSEN PLANNING COMMISSION L" Its Chairman • • Planning Case No.c*�U 3 — 04 - CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION YPSIIv 1 it Name and S,Nrxt� ON sa3n lMc l 553t7 Contact-er Contact:'Pft]X_ 01541NF:_ Phone: 9r a-aa 3 Fax: 952.22-7-11-10 Phone: 952-22-7.t1(AFax: CJ52.2Z7.1"0 Email: Email: or�ehrvl2@ct•�h0.nhaSSeyltVlilLLs NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) ' ` Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment _ K Notification Sign —$200 (City to install and remove) X Escrow for Filing Fees/Aftorney Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ NIA An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Five (5) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. • PROJECT NAME: 1 A �D t RCAULZfl-4 IMM&AWRAM LOCATION: tok CA129-Iiy) LEGAL DESCRIPTION AND PID: TOTALACREAGE: (.QYA FiGQ-1FS 01=y.+4C AK)J) IMPftc.T WETLANDS PRESENT: _A YES NO PRESENT ZONING: REQUESTED ZOOM F'U�NN�O JNc i� �Qv P�S-Cgi17 PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. 77-� �-3 Sig(tature of Applicant I Ote' Signature of Fee Owner Date 9%plan\f r Wevelopm nt review appliealimAm NA-026620-03C Minnesota Local/State/Federal Application Forms for Water/Wetland Projects PUBLIC TRANSPORTATION AND LINEAR UTILITY PROJECTS STANDARD APPLICATION For Internal Use Only ApplicationNo. Field Office Code Dale Initial Application Received Dale Initial Application Deemed Complete INV: "See HELP" for important additional information and assistance in Instructions section IS THIS AN ORIGINAL OR AMENDED NOTICE? (dxdc one) This is an original notice M, dated 11-6-2012 This is an amended noticeEl, dated 1. APPLICANT ROAD AUTHORITY INFORMATION: Road authority applicant: City of Chanhassen Contact person (name and title): Paul Oehme, Project Manager Complete mailing address: 7700 Market Blvd, PO Box 147, Chanhassen, MN 55317 Business phone: 9( 52) 227-1169 e-mail: pgehme@—ci.chanhasscn.com 2. PROJECT IDENTIFICATION County: Carver County Road name and/or number: TH 101 Project termini: CSAH 18 (Lyman Blvd) to CSAH 14 (Pioneer Trail) Project number: SP 194-010-011 M attach PROJECT LOCATION MAP 3. M attach SOILS MAP (if available) 4. PROJECT CATEGORY (check all that apply): ❑ Repair rehabilitation, reconstruction or replacement of existing roads that impact wetlands (including wetland areas of DNR Public Waters). If so, indicate size of impact (check one of the choices below): ❑ Less than 10,000 square feet of wetlands (see HELP 4). M Greater than 10,000 square feet of wetlands. ❑ New road or modification of an existing road solely to increase traffic capacity impacting any amount of wetland area, river, lake or stream impact (excluding wetland areas of DNR Public Waters). ❑ Placement, maintenance or repair of linear utility projects. 5. PROPOSED TIMELINE: Approximate project start date: Spring 2013 Projected end date: Summer 2014 Public Transportation and Utility Projects, Page 1 (August 2007) 6. PROJECT DESCRIPTION: Check all that apply. Include a detailed overhead view of your plan that clearly depicts the work to be undertaken. See What To Include on Plans (Instructions Page 2). ❑ Guardrail improvement ❑ Turn lane: improvement of existing ❑ Guardrail improvement w/slope flattening ❑ Turn lane: new construction ❑ Resurfacing ❑ Slope flattening ❑ Culvert work; repair, extension or replacement ❑ Bridge work: repair ❑ Stream diversion ❑ Bridge work: replacement ❑ Shoulder work: repair widening ® Reconstruction (existing roads) ❑ Shoulder widening with ditch grading ❑ Other ❑ New road construction ❑ Additional lanes solely for traffic capacity ❑ Linear utility Projects 7. ESTIMATED PROJECT COST: Funding Sources (°/o): Federal 60 State 31 Local 9 8. SEQUENCING CONSIDERATIONS: What alternatives to this proposed project have you considered that could have avoided or minimized impacts to wetlands or water? For new construction only - list at least two alternatives (one of which may be "no build" or "do nothing"), and explain why you chose to pursue the option described in this application over these alternatives. ® Space above is not adequate - sequencing considerations are attached 9A. IMPACT SUMMARY: Impacts to lakes and watercourses only. Indicate total amount of impact in square feet or acres for water body area(s) to be filled, drained, inundated or excavated. For watercourses indicate length of stream or river affected in linear feet (see HELP 9A). Location of Impact County Name and Public Waters Impact(s) for Impact(s) for Section, Twp, Range Watershed No. Name and ID Lakes Watercourse(s) Number (square feet or (in linearfeet) acres) S 24&25, T 116N, R 23W Carver, 33 215N N/A N/A N/A N/A N/A N/A AFFIRMATION For Public Waters impacts: ® I am applying for state and local authorization to conduct the work described in this application. ® I am familiar with the information contained in this application. ® To the best of my knowledge and belief, all information in this application is true, complete and accurate. ® I possess the authority to undertake the work described, or I am acting as the duly authorized agent of the applicant IF your project will impact ONLY DNR Public Waters, proceed directly to the Applicant Signature Block on Page 5. Public Transportation and Utility Projects, Page 2 (August 2007) 9B. IMPACT SUMMARY: For impacts to wetlands only: when attaching information on a separate sheet — use this same format ID of Wetland Impacted in Major Watershed Name or No. County Section, p Tw Range Wetland Cire. 39 Type / Wetland Plant Community Type (see HELP 9B) Size of Wetland Impact Size of Wetland Basin 2 33 Carver 24, 116, 23 3/ShaMa 0.04 3 33 Carver 24, 116, 23 2/WM 0.04 4 33 Carver 25, 116, 23 2/WM 0.83 5 33 Carver 25, 116, 23 2/WM 0.93 TOTALS OF AREA (S) IMPACTED for each wetland vegetative community / wetland type in acres or square feet: Seasonally Floodplain Sedge Fresh Wet to wet Shallow Deep Shallow Shrub carr Hardwood or Open or flooded forest meadow (wet) mesic marsh marsh i Open or alder coniferous coniferous basin meadow prairie Water thicket swamp bog T1 T1L T2 T2 T2 T3 T4 TS T6 T7 T8 1.8 1 .04 TOTAL IMPACT FOR THE PROJECT: 9C. Are any of these impact sites within 1000 feet of a lake or 300 feet of a river? ❑ No ®Yes If YES, please explain. Yes, the project is less than 1,000 ft fromRiley Lake. The project will not impact Riley Lake during construction. 10. TYPE and AMOUNT OF FILL MATERIAL: e.g., rock, sand, clay or concrete (indicate amount of cubic yards.) 150,000 cubic yards 11. ADJOINING PROPERTY OWNERS: For projects that require a COE standard individual permit, attach a list ofADJOINING PROPERTYOWNERS that includes complete names and mailing addresses of adjacent property owners whose property also adjoins the wetland or water body where the work is being proposed. 12. PORTION OF WORK ALREADY COMPLETED: Is any portion of the work already completed? ®No ❑Yes If YES, attach DESCRIPTION OF WORK COMPLETED and provide permit numbers if applicable. 13. STATUS OF OTHER APPROVALS: Attach STATUS OF OTHER APPROVALS LIST, include any other permits, reviews, or approvals related to this proposed project that are either pending, or have already been approved or denied (see HELP 13). STATE EAW AND EIS REQUIREMENTS: Are state Environmental Assessment Worksheets or Environmental Impact Statements required for this project (see HELP 13)? ❑ no, not required ® yes, indicate status below ARCHEOLOGICAL OR CULTURAL RESOURCES DETERMINATIONS: Are you aware of any archeological or cultural resource determinations or surveys completed concerning the project or replacement site that are already completed or in process by the State Historical Society Preservation Office (SHPO) or others? ❑No ®Yes. If YES, please explain below or attach a copy of any determinations or surveys. Public Transportation and Utility Projects, Page 3 (August 2007) IF the project will use federal funds, please check the following boxes: ® The Section 106 (of the National Historic Preservation Act) review for this Federal Aid Highway Program funded project has been completed by the Federal Highway Administration (FHWA) per the 2005 Section 106 Programmatic Agreement. ® The Section 7 (of the Endangered Species Act) review for this Federal Aid Highway Program funded project has been completed by the Federal Highway Administration (FHWA) per the letter dated April 11, 2007 to the U.S. Army Corps of Engineers and Fish and Wildlife Service. If the box above has been checked, copies of the Section 7 determinations are attached. 14. SPECIAL CONSIDERATIONS: Are you aware of any special considerations that apply directly or indirectly to either the impact sites(s) or the replacement sites(s)? Examples may include the presence of endangered species, special fish and wildlife resources, sensitive surface waters, calcareous fens, or waste disposal sites. (see HELP 14). ® Not aware of any special considerations ❑ Yes, attach a list of SPECIAL CONSIDERATIONS and include brief descriptions of each consideration listed. 15. ON -SITE MITIGATION CONSIDERATIONS. List any important site -specific wetland functions and describe options considered for mitigation of these functions onsite. 16. HOW WILL PROPOSED REPLACEMENT BE ACCOMPLISHED: Wetland Banking only? []No ®Yes (if Yes, proceed to Question 17) Project -specific replacement only? ❑No ❑Yes (if YES, check all that apply below and proceed to Question 19) Project —specific replacement and Wetland Banking? []No ❑Yes (If Yes, check all that apply below, and proceed to Questions 18 and 19) For projects involving any project —specific replacement Part A: The replacement wetland (affirm all statements): Was not previously restored or created under a prior approval replacement plan or permit; AND Was not drained or filled under an exemption during the previous 10 years, AND Was not restored with financial assistance from public conservation programs; AND Was not restored using private funds, other than those of the landowner, unless the funds are paid back with interest to the individual or organization that funded the restoration; and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement. Part B: Additional assurances (check all that apply); ❑ The wetland will be replaced before or concurrent with the actual draining or filling of a wetland. ❑ An irrevocable bank letter of credit, performed bond, or other acceptable security has been provided to guarantee the successful completion of the wetland replacement. ❑ The wetland losses will be replaced via withdrawal from an account in the State Wetland Bank. Part C: For projects involving any project -specific replacement: I will record the Declaration of Restrictions and Covenants of the deed for the property of which the replacement wetland(s) will be located; and 1 will at the same time submit proof of such recording to the LGU. Public Transportation and Utility Projects, Page 4 (August 2007) 11 17. IF REPLACEMENT CONSISTS OF WETLAND BANKING, check appropriate option(s) below: ® BWSR Road Replacement Program: this option is available only for repair, rehabilitation, reconstruction or replacement of existing county, township or city roads. (Note: the TEP must certify that the project qualifies for this option —page 6.) If all of your replacement qualifies for this option -you do not need to answer the remaining questions, please skip to the Applicant Signature Blocks (Pages 5 and 7). ® State Wetland Bank - proceed to Question 21. (You must also complete the Application for Withdrawal of Credits Form and include with your application, see HELP 17). 18. FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING: I affirm that to the best of my knowledge and belief that all information in this application is true, complete and accurate. I affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank. I affirm that a completed withdrawal form has been submitted to the BWSR Wetland Bank Coordinator for replacing losses through the State Wetland Bank. 19. DESCRIPTION OF REPLACEMENT WETLAND (S) CONSTRUCTION: (Complete this section only if you are conducting project -specific replacement). See HELP 19 and attach this description on a separate sheet of paper labeled DESCRIPTION OF REPLACEMENT WETLAND CONSTRUCTION. 20. SURPLUS WETLAND CREDITS: If using project -specific replacement, will the replacement result in any surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? ❑No ❑Yes. If Yes, submit a Wetland Banking Application directly to your LGU. Copies are available from your LGU, or you may download a copy from www.bwsr.state.mn.us 21. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below for all wetland replacement sites (including bank sites) except for replacement to be completed through the BWSR Road Replacement Program. If your project has more than one wetland replacement site, reference your overhead view to this chart and see HELP 21. Name of Major County Predominant Wetland Circ. 39 New Wetland Public Value Restored or Wetland Watershed Section Vegetation Type / Plant Credits Credits created? Replacement Site number Township Range Proposed Community Type' (NWC) (PVC) Indicate R or C 127 33 23, 116,23 3/ShMa 3.98 21.88 C 11"31&A Applicant Signature Block To the best of thy knowledge and belief, all information in this application is true, complete and accurate. I possess the authority to undertake the work described, or I am acting as the duly appointed agent of the applicant. Signature ElateT Public Transportation and Utility Projects, Page 5 (August 2007) • • FOR LGU USE ONLY For projects involving construction of new roads, increased traffic capacity or linear utility of projects, the replacement plan is (Check one): ❑ Approved ❑ Approved with conditions (conditions attached) ❑ Denied LGU official signature Date LGU has received evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland: County where recorded Date Recorded Document # assigned by Recorder LGU official signature Date FOR TEP USE ONLY This section must be completed for projects affecting more than 10,000 sq. ft. of wetland involving repair, rehabilitation, reconstruction, or replacement of a currently serviceable existing state, city, county, or township public road necessary to meet state or federal design or safety standards or requirements, and for which the impacts are proposed to be replaced by BWSR through the Public Road Replacement Program. No debit of wetland banking credits shall occur until a majority of the TEP members recommend approval by signing below. As indicated below, TEP members recommend the BWSR debit the State Wetland bank to provide replacement for wetland impacts identified on this form, and certify the following: • The public road authority has provided project -specific reports to TEP members at least 30 days prior to beginning construction, or within 30 days after an emergency repair resulting in less than 10,000 ftZ of impact; and • The TEP has reviewed minimization and delineation decisions made by the public road authority and determined the decisions to be satisfactory. ❑ Agree ❑ Disagree SWCD Representative (Date) ❑ Agree ❑ Disagree LOU Representative (Date) BWSR Representative (Date) ❑ Agree ❑ Disagree ❑ Agree ❑ Disagree DNR Representative (if applicable) (Date) Public Transportation and Utility Projects, Page 6 (August 2007) :e[rrnw!'nA"t :a ..a. ,v-:.. .. .pyn.:p:n.y.+n ::xY.-r a.arvv F+4'n t.. r,.;tv V<.�.:+.r`c[z:pvtaNY:Y.'s-:. 4_iy:.aa±RrF••n:•r k+i IY.a::.yaYc aq }rT wr Kr4+mY:r-a:!.':9a �'tF.IW:�t.•Jiwta:rs C•EF\�.I+.i4:�R� rrlFn[•!J f?,+�Y.:.(, ;:I .,.:i*.q. ¢1Jr� YO11lv.'n nl •4M'rwotei� Y•¢} ,arsst,wvMrJ rur 4-'9m..n.-u_z:+.��r'n-:...ira,:a4w. r: mr.wa:;.v a.:uJu'.-ee�:,.ra. •ti ci:,¢yzi.tcbr.:•pe(sztax ..: t•:f.Y>Ka,Lu:it.:: ika.:Pm'-r,cz:re:rlr,.•n�ea:..iiMa':awr.:,Reni•ma urJ'tzfwn.. lili 4tfzr�-. 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Mxc'.rr rf • Tomah, u�s r v.•d, h •rm l Paas. .-c':'x h.'�^:zJ M usW ITEMS I THROUGH 4 TO BE FILLED IN BY THE CORPS I APPI.ICATKA NO I= FIF'.Ds)rTICFC0DF i 3 QATERECEi\L) 1 a DATA APPLICATION 0 INIPLE'TED YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12.26 in the SHADED AREAS. n/f nppli=IS mull mmpidr non-sharkd ncJm i and 26_ If do sp ac is aced. atw wnJplele beau S and I I. This ryaicxal fitekr_I form is :Mid list UJc only when inclu ,d.0 Pan of this entire state apldicathwr pasai. S APPLICAKt>NA\IE 9 ALTHORIZEDAUESI'SY.lT1E.\\D TfTi.F.lsn ayemuraa regavedJ City or Chanhassen. Kimley-HOm and Asstmiales. Inc Beth KONW i 6_AI7'LICA14T'SADDRESS9. AGEk1-S ADDRESS 7. APPLICANT'S PHONE NO 1 10. AGENT'S PRONE NO. IL 5T:1T£ME\70FA1"i'HORV..tTiOV f(i cgrq•4.mM.-: cw•eP�'+owk Joannremsm:a)vno I heidw au moo Beth Kunkel(KHA) !o>a m:.,I ".0 ias nn agea.+.m the Peces!np of alghunwn and 0lurmsi awn reque9. sairp:<mewtl lnfonmlion in wp'fort of a...'y/'�!mt ap4'9:calrav APPLK.A.U-SNIGNA7UREDATE1- 12PROJECTNAMEORTITLF.("I.Mmaid) - 13. NAME INW'ATERBODY, IF KNOWN(if.MfimNe) 14.PROJECTSTRELTADDRESStifnppliaable) 15. LOCATION OF PROJECT. 16. OTHER LOCATION DESCRIPTIONS. IF KNOWN (sm imunoiorrs) 17 DIRECTIONS TOSHE SITE. '- I& NATURF.OF ACTIVITY. 19 PROJECT PURPOSE.- - ?O. REASON(S) FOR DISCHARGE 21 1TYPES OF MATERIAL BEING DISCHARG ED AND THE AMOUNT OF EACII TYPE IN CUBIC YARDS 22 SURFACE. All GIN ACRES OF WETLANDS OR OTHERWATERS FILLED -. 23ASANYPORTIONOFTIIH \PORK ALREADY COMPLETEP YES -- NO IF YES, DESCRIBECOh1PLETEDW'ORK - 24-ADDRESSES OF AUJOIN'I.`(i PROPERTk' OWNERS, 25. 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Wrcponern: CEC'W-OR) M mesm Local'Ssm'Fed3al .\pp:iannn Fmms br Watere W oLind PWeu Pw . r1 L CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2013-01 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 15, 2013, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Wetland Alteration Permit for proposed roadway reconstruction and improvement project for the segment of TH 101 between CSAH 18 (Lyman Boulevard) and CSAH 14 (Pioneer Trail). Applicant: City of Chanhassen A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2013-01 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Knsta Spreiter, Natural Resources Technician Email: kspreiter@ci.chanhassen.mn.us Phone: 952-227-1173 (Publish in the Chanhassen Villager on January 3, 2013) u Notice of Waiver of DNR Permitting Authority for Public Transportation Projects Project applicant/sponsor: Paul Oehme, Project Manager, City of Chanhassen Project name and description: TH101 Roadway Improvements, project It SP194-010-011 Project location: from CSAH 18 (Lyman Blvd) to CSAH 14 (Pioneer Trail) Public Water affected: unnamed public water wetland 10-215W (0.83 acres) Date application received: 11/09/12 Under Minnesota Rules Chapter 6115.0250, the Minnesota Department of Natural Resources is authorized to waive its permitting authority for certain activities in public waters to local government units and public transportation authorities administering the Minnesota Wetland Conservation Act. This notice is to inform you that the DNR is waiving its permitting authority for this project as follows: Type of waiver: Not applicable: Categorical waiver — for public transportation projects involving the repair, rehabilitation, reconstruction, or replacement of currently serviceable existing public roads affecting 10,000 sq. ft. or less of public waters wetlands. ✓ Discretionary waiver Authority waived to: City of Chanhassen Wetland replacement provided through: ✓ 1.32 acres: BWSR Public Road Wetland Banking Program (0.66 ac at 2:1 ratio ) ✓ 2.26 acres: City of Chanhassen wetland bank credits identified in wetland replacement plan (1.18 ac at 2:1 ratio) Future regulatory action regarding the public waters affected by this project will be handled by the above named agency under authority of the Minnesota Wetlands Conservation Act as implemented through Minnesota Rules Chapter 8420. y4 ill November 20, 2012 John (Jack) Gleason I Area Hydrologist - West Metro I MnDNR 1 1200 Warner Road I St. Paul, MN 55106 1 T: 651-259-5754 1 John.Gleason@state.mn.us eC: Terry Jeffery, Krista Spreiter - City of Chanhassen Claire Bleser - Riley Purgatory Bluff Creek WSD Ken Powell, Lynda Peterson - BWSR Michael Setering - USACE Greg Graczyk - Carver SWCD Melissa Doperalski, Terri Yearwood - DNR EWR Beth Kunkel, Kimley-Horn Affidavit of Publication Cr" OF CHANHASSEN Southwest Newspapers CARVER & HENNEPIN COUNTIES NOTICE OF A PLANNING CASE NO. 20UBUC 3-0-01G State of Minnesota) NOTICE IS HEREBY GIVEN that the Chanhassen Planning Com- )SS. on Tuesday, Jsion will anuaryd a l5c 013, at County of Carver ) 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 Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized proposed roadway reconstruction agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- and improvement project for the lager and has full knowledge of the facts herein stated as follows: ent Of TH 01 between CSAAHH SgLyman Boulevard) A These new have complied with the uuements constituting qualification as a 1 al (A) H�Pers P re9 g 9 legal 19 (Pioneer Trail). Applicant: City of Chanhassen. newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as A plan showing the location of the Proposal is available for public amended. t 1 (B) The printed public notice that is attached to this Affidavit and identified as No. "i / to review ch the City's web site at wwwci.chanhassen.mn.us/013-01 was published on the date or dates and in the newspaper stated in the attached Notice and said or at City Hall during regular busi- Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of ness hours. All interested persons the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both are invited to attend this public inclusive, and is hereby acknowledged as being the kind and size of type used in the composition hearing and express their opinions and publication of the Notice: with respect to this Proposal. Krists Spreiter, Natural Resources Technician abedefghijklmnopgrstuvwxyz Email: kspreiterCaci.chanhassen. mn.us Phone: 952-227-1173 . G �, (Published in the Chanhassen Pillager on Thursday. January 3, Laurie A. Hartmann 013: No. 4763) Subscribed and sworn before me on this day of 2013 _ #jigr RATE INFORMATION Lowest classified rate paid by commercial users forcomparable space.... S31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter .............................................. S 12.59 per column inch SCANNED 13-61 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2013-01 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 15, 2013, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Wetland Alteration Permit for proposed roadway reconstruction and improvement project for the segment of TH 101 between CSAH 18 (Lyman Boulevard) and CSAH 14 (Pioneer Trail). Applicant: City of Chanhassen. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassenmn.us/2013-01 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Krista Spreiter, Natural Resources Technician Email: lkWreiter e.ci.chanhassen.mn.us Phone: 952-227-1173 (Publish in the Chanhassen Villager on January 3, 2013) SCANNED • City of Chanhassen • 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 Date: December 18, 2012 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: Januan 4, 2013 By: Krista Spreiter, Natural Resources Technician 952-227-1173 kspreiter&i.chanhassen.mn.us Subject: TH 101 Roadway Improvements Project — Request for Wetland Alteration Permit for proposed roadway reconstruction and improvement project for the segment of TH 101 between CSAH 18 (Lyman Boulevard) and CSAH 14 (Pioneer Trail). Applicant: City of Chanhassen. Planning Case: 2013-01 The above -described application for approval of a land development proposal was filed with the Chanhassen Planning Department on December 14, 2012. The review period ends on February 12, 2013. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on January 15, 2013 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than January 4, 2013. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District - Greg Grazcyk 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services -Paul Moline 8. Watershed District a. Riley -Purgatory -Bluff Creek — Claire Bleser b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest) 10. Electric Company (MN Valley) IL Mediacom 12. CenterPoint Energy Minnegasco SCANNED �.rriz MAM SCANNED