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CAS-05_LYMAN BLVD. ROADWAY IMPROVEMENT PROJECTAffidavit of Publication Southwest Newspapers State of Minnesota) )SS. CrrY OF CHANHASSEN County of Carver ) CARVEROUN N EPIN NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2014-05 NOTICE IS HEREBY GIVEN Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized that the Chanhassen Planning agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- Commission will hold a public lager and has full knowledge of the facts herein stated as follows: hearing on Tuesday, February 18, 2014, at 7:00 p.m. in the Council (A) These newspapers have complied with the requirements constituting qualification as a legal Chambers in Chanhassen CityHau, newspaper, provided y applicable 7700 Market Blvd. The purpose ame ded. . as ovided b Minnesota Statute 331A.02, 331A.07, and other livable laws, as of this hearing is to consider a request for a Wetland Alteration Permit for proposed roadway (B) The printed public notice that is attached to this Affidavit and identified as No.vcef reconstruction and improvement was published on the date or dates and in the newspaper stated in the attached Notice -aid said project of the segment of CSAH 18 Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of (Lyman Boulevard) between CSAH the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both 15 (Audubon Road) and CSAH 17 inclusive, and is hereby acknowledged as being the kind and size of type used in the composition dPowers Boulevard). Applicant: er County. and publication of the Notice: A plan showing the location of abcdefghijklmnopgrstuvwxyz the proposal is available for public review on the C iWs web site at www. ci.chanhassen.mn.us/2014-W or at City Hall during regular business (� hours. All interested persons are y: invitedto attend this public hearing Laurie A. Hartmann and express their opinions with respect to this proposal. Rrista Spreiter, Natural Resources Technician Subscribed and sworn before me on Email: kspreiter&i.ch bli n- Phone: 952-227-1173 (Published in the Chanhassen this L t!jday of 2014 Villager on Thursday. February 8, 2014; No 4W9) — JYMME JEANNETTE BARK s. v" NYAR'P��—WNNEWTA N Public ,� WC01111SSiCNEXP!RESO1j31P�8 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ...............................................$12.59 per column inch SCAMMED I4-o5 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA WETLAND ALTERATION PERMIT #2014-05 1. Permit. Subject to the term and conditions set forth herein, the City of Chanhassen hereby grants a wetland alteration permit for the following use: For the purpose of the reconstruction of County State Aid Highway (CSAH) 18 (Lyman Boulevard) Roadway Improvements Project, Phase 3, between Audubon Road (CSAH 15) and Powers Boulevard (CSAH 17). 2. Pro . The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: See attached Exhibit A 3. Conditions. The Wetland Alteration Permit was approved subject to the following conditions: a. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall receive the City's approval of a wetland replacement plan prior to any wetland impact occurring. b. An appeal has been filed on behalf of Mr. Rick Dorsey. This is an appeal of staff decision to deny a request for a No -Loss determination for Wetland IA. Any approval of mitigation quantities shall be contingent upon the outcome of this appeal. The county may hold any additional credits and apply those credits to future phases of the Lyman (CSAH 18) reconstruction project. c. If it is determined that secondary impacts will occur to wetland IA as a result of the proposed improvements, these impacts will need to be mitigated for at a 2:1 ratio. d. 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. SCANNED e. 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. f. 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. g. 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. h. A signed Landowner Statement and Contractor Responsibility form shall be provided to city prior to commencement of activity. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penaltv. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: March 24, 2014 `A CITY OF CHANHASSEN By: Thomas A. Furlong, SEAL _!T1 �—/ By: /1�� Todd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 16rO day of 201q by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City 6f Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. i ' KAREN J. €VVV0AA D N .. Notary Public -Minnesota My Commission Expires Jan 31, Zo15 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 EXIIIBIT A See attached SRF Consulting Group, Inc. Figure 3A and Figure 3B. 4 W-11- 0.00 AC. IMPACT BLUFF CREEK 0.13 AC. W-12 i t 0.00 AC. IMPACT ��irr AA W-14 Z 0.05 AC. (SAFETY) J 0.61 AC (NON -SAFETY) U 0.09 AC (TEMP) F 0.00 AC. IMPACT %/�A A ;� _yy-14 ___'t ♦♦\ _ W-14 M, -------------------------------------------------- - �______ i i_______�_ — __� __________♦___ C.S.A.H. 18 (LYMAN BOULEVARD) EXISTING i WETlAND2 STORMWATER O.OB AC. (SAFETY) POND 0.71 AC. (NON -SAFETY) gp-q 0.08 AC. (TEMP) WETLAND IMPACTS FOR MINIMUM BUILD SAFETY ONLY IMPROVEMENTS ® BLUFF CREEK WETLAND IMPACTS WETLAND IMPACTS FOR TRAIL & CAPAC ® NON -SAFETY IMPROVEMENTS TEMPORARY WEILAND IMPACTS WETLAND BOUNDARY •------ PROJECT CONSTRUCTION UMTS DRAINAGE DIRECTION W.09 WETVD NUMBER SP-#0 STORM POND NUMBER WlkiI Consulting Group, Inc. Job 4 6098-P3 I2130I2013-10'.24AM WETLAND IMPACTS Figure 3A CSAH 18 FROM AUDUBON ROAD TO POWERS BOULEVARD S.P.010-618-0131S.P.010-617-0201 S.P.194-020-009 CARVER COUNTY L 0 i C• "� °`i aou o' °oo 000o ao° ° O G LA A 1� � WETLAND IMPACTS FOR MINIMUM BUILD SAFETY ONLY IMPROVEMENTS — BLUFF CREEK WETLAND IMPACTS WETLAND IMPACTS FOR TRAIL & CAPACITY ® NON -SAFETY IMPROVEMENTS TEMPORARY WETLAND IMPACTS • WETLAND BOUNDARY - — — — — — - PROJECT CONSTRUCTION LIMITS -I DRAINAGE DIRECTION W-#0 WELAND NUMBER SP-#9 STORM POND NUMBER j WETLAND2 (SEE 3A) WETLAND 16 c 0.06 AC. (SAFETY)- 1� �C�, C N WETLAND 1A 0.14 AC. (NON -SAFETY) Consulting Group, Inc. Job Al 60981 V11 MI - I:54PM REVISED 2111114 LLI 2 J o 10, •Dale i�� ��,• WETLAND IMPACTS Figure 3B CSAH 18 FROM AUDUBON ROAD TO POWERS BOULEVARD S.P. 010-618-013/S.P.010-617-020/ S.P.194020-009 CARVER COUNTY 14-�)5 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: April 28, 2014 RESOLUTION NO: 2014-32 MOTION BY: Ernst SECONDED BY: Tiornhom RESOLUTION APPROVING A LAND USE MAP AMENDMENT TO THE CITY OF CHANHASSEN 2030 COMPREHENSIVE PLAN WHEREAS, the City of Chanhassen submitted the proposed Comprehensive Plan Land Use Amendment from Public/Semi-Public to Residential — Low Density to Residential — Low to adjacent communities on February 5, 2015, for their review. There were no objections or negative comments. The 60-day agency review period ended on April 7, 2014. WHEREAS, the Planning Commission held a public hearing to review the Comprehensive Plan Land Use Map Amendment on April 15, 2014, found the amendment consistent with the City of Chanhassen 2030 Comprehensive Plan and voted to recommend that City Council adopt the amendment. WHEREAS, the Chanhassen City Council held a hearing on April 28, 2014 to review the Comprehensive Plan Land Use Map Amendment and voted unanimously to approve the amendment. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council approves the 2030 Comprehensive Plan Land Use Map Amendment from Public/Semi-Public to Residential — Low Density for the property described as Lots 1, 2, 3 and 4, Block 1, Arbor Cove, Carver County, Minnesota, subject to review and determination of consistency with the Metropolitan Council 2030 System Plan. Passed and adopted by the Chanhassen City Council this 28 h day of April, 2014. ATTEST: '-'i4odd Gerhardt, City Manager YES NO Furlong Tjomhom McDonald Ernst L4 Thomas A. Furlong. Mayor ABSENT Denny Laufenburger recused himself IL4 ' Chanhassen City Council — March 24, 2014 27. The plan must follow all applicable State and Federal guidelines, including ADA standards for the sidewalk reconstruction. 28. Sanitary sewer and water main to be installed for this project shall be privately owned and maintained. 29. The applicant shall work with staff to develop a revised landscaping plan, which shall be submitted for review and approval prior to issuance of a building permit. Additional landscaping shall be installed along the north property line. Suitable species for the area next to the building include arborvitae, such as Techny, and columnar trees such as Apollo or Sugar Cone maple. To block views of the truck loading docks, the applicant shall install a hedge along the property line north of the loading docks. The shrub materials selected should provide year round coverage to a mature height of at least 5' — 6'. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone. Thank you. Let's move now to item number E(6) which was request to be removed from our consent agenda. CONSENT AGENDA: E(6). LYMAN BOULEVARD WETLAND ALTERATION PERMIT: REOUEST FOR WETLAND ALTERATION PERMIT FOR PROPOSED ROADWAY RECONSTRUCTION AND IMPROVEMENT PROJECT OF THE SEGMENT OF CSAH 18 BETWEEN CSAH 15 (AUDUBON ROAD) AND CSAH 17 (POWERS BOULEVARD). APPLICANT: CARVER COUNTY. Mayor Furlong: Why don't we start, sir if I can invite you back up here. If you could state your question and reason for, desire for discussion then we can perhaps go to a staff report. Mark Anderson: Sure. Mr. Mayor and council, my name is Mark Anderson with MFRA and I'm representing PPB Holdings. Landowner on the south side of Lyman Boulevard, adjacent to the proposed Lyman Boulevard improvements of which the mitigation plan and permit that you're considering tonight is a part of. The concern with the proposed mitigation plan that. Mayor Furlong: Lay that right over the top of, there you go. Ms. Aanenson, could you pull those things out of his way if they're in his way? Thank you. Thank you. Mark Anderson: So on the screen I've got a copy of the county highway plans and what's shown here is PPB Holding property on the south side of Lyman Boulevard and part of the application that you're considering tonight is impacts that the roadway is having on existing wetlands in this area and we've communicated with the County on a couple of occasions. My client and myself about our concern for a proposed 24 inch culvert crossing from north to south on Lyman Boulevard that then drains onto PPB Holding property and consequently flows across private property without an easement in the direction of the orange arrow. This is concerning for our client because one, the pipe size is being increased from an 18 inch to a 24 inch. As well the pipe is being extended into PPB property. They do have a small easement for the pipe itself but not for the conveyance of water in the direction of the orange arrow. Along with that the toe of slope, this is a low area on my client's property and so the toe of slope is being extended into the property approximately 40 feet without any additional permanent easement so those are all things that we're working through with the County to address so that they don't negatively impact my client's property. How it relates to the discussion tonight, since those items haven't quite yet been Chanhassen City Council — March 24, 2014 formally addressed is that in conversations again with the County public works department, there will likely be additional wetland impacts to convey this water properly to the west and so the report that you're considering and the permit application that you're considering tonight does not fully address these items and will likely be amended again so that our client's property is not negatively impacted. So rather than approve it tonight we'd like to request that it be tabled, hopefully not longer than the next council meeting so that we can fully address these items. Fully address the wetland impacts that occur within the temporary easement that's noted here and then amend the report and approve accurately addressing the drainage concerns. Mayor Furlong: Okay, thank you. Mr. Oehme, Mr. Gerhardt, Mr. Jeffery, good evening. Welcome to the seat. Perhaps you could address Mr. Anderson's comments. Terry Jeffery: I can speak to the sequencing and the wetland replacement as to the design issue in the procurement of easement for that drainage that's, that falls to the design of the plan. What is before you is a wetland alteration permit, Wetland Conservation Act replacement plan based upon the design that was provided. The design that was provided meets the Wetland Conservation Act in that it minimizes to the greatest extent practicable the impacts necessary to build the project. To the extent that there may be additional impacts or may not be additional impacts depending on if any design changes occur would be outside of the germane of what has been requested by the County in terms of the wetland replacement plan so under Chapter 8420 they are to look for ways to avoid impacts. If that is not possible, look for ways to minimize impacts and then those impacts which are unavoidable to either try and rectify on site over time or to mitigate for somewhere else. It is staffs and the Technical Evaluation Panel's opinion that this application meets all of those requirements and has in good faith achieved the goals of the Wetland Conservation Act. That does not preclude at a future time, if changes to the plan are deemed necessary that that would then be handled under a separate application but right now that is a design question is outside of the scope of what is being presented with this application. Mayor Furlong: Okay. So the issues raised by Mr. Anderson, am I understanding it correctly that those, that there may be changes that occur in the future depending on the results of additional work on, if there are changes to the design there may be changes or an amendment to the Wetland Alteration Permit? May or may not. Terry Jeffery: May or may not. If the design, if the engineers decide for whatever reason that additional changes need to be made and that results in impacts then yes, we would address that at that time but to speculate on what may or may not happen without a plan is beyond the scope of this wetland application. Mayor Furlong: And does the plan include the 24 inch culvert? Terry Jeffery: Yes it does. Mayor Furlong: Okay, so Mr. Aanenson help us understand if, if the application meets the plan design that was approved, and that includes the 24 inch culvert, do you disagree with the permit application? Mark Anderson: Only with regard to the water that's conveyed through the 24 inch culvert so Mr. Jeffery is certainly accurate that the county plan does include the 24 inch culvert. What it doesn't address is that it's discharging public waters from the north side of Lyman Boulevard to private land without any easement to convey it downstream. As well it doesn't present a positive ditch slope to convey it to the west so that it doesn't negatively impact the PPB Holding property so the pipe is part of the plan but the conveyance of the public water has not been addressed. 16 Chanhassen City Council — March 24, 2014 Mayor Furlong: And Mr. Jeffery or Mr. Oehme, I mean with regard to that, is that part of the application you have to consider that? Terry Jeffery: It is not part of the wetland. It is not part of the application to consider what in fact are design issues. So we don't, as the LGU I don't look at it and say well I disagree with your design Carver County. You should do this instead and therefore there should be more, more impacts. I look at what was presented to me. Does it meet those requirements? I think Mr. Oehme could speak better to the actual design of the culvert underneath though and the process that was gone through to get to that point. Mayor Furlong: And does the Wetland Alteration Permit that's before us this evening, does that address questions of easements or slope and runoff? Terry Jeffery: It does not. Mayor Furlong: Okay, it's strictly relating to what? To Terry Jeffery: Are the wetland impacts that are proposed necessary to complete the project as designed, and the intended purpose of that project, and any avoidable, unavoidable impacts, are they being replaced in kind? Mayor Furlong: And with regard to those issues, it's your opinion that this application does meet those objectives and those requirements? Terry Jeffery: That is correct. Mayor Furlong: Okay. Thank you. Mr. Anderson, anything else? Mark Anderson: I think the only point left in the discussion is whether or not it fully addresses all of the impacts. We realize that there will be equipment running to develop the toe of slope. They'll be running outside of the proposed impact area. I believe they would also impact the wetland areas beyond what's proposed so I think there's some disagreement in that matter as to how much construction activity will impact what's being permitted or might the impacts extend beyond. We believe they will extend beyond. Mayor Furlong: Mr. Jeffery. Terry Jeffery: Mr. Mayor, through the process one of the, one of the requirements of the contractor and the project proposer is an Affidavit of, it's, I forget the name of the form that BWSR uses but in essence it's saying that we are response, we understand that there are additional wetlands in this area. We are not to stockpile material in those areas. We are not to use those areas to stage this project. If there are temporary impacts that result as, because of construction. If it's deemed for instance at a pre -construction meeting that look, we won't be able to construct this embankment without working, without staging from that wetland area, then at that time we could look at a temporary impact and allowing that temporary impact knowing that it's going to be self mitigated on site. However, we're looking at a plan. The plan shows that the grading limits will be to that point and that's what, that's what we go by. Is the proposed grading limits. Mayor Furlong: Okay. Mark Anderson: Maybe if I could just one last question. If it's determined that different design method is required to convey the water that might have additional impacts, can this application be amended versus submitting a new one? 17 Chanhassen City Council — March 24, 2014 Terry Jeffery: Mr. Mayor, the Wetland Conservation Act does speak to that. I apologize I don't have the exact figures. There is some percentage of which if the replacement or the impact doesn't increase by X amount, then you can just issue an addendum to an existing application. So my short answer would be yes with conditions. There may be some, you know if we're only looking at a thousand or a few thousand square feet then yes we can amend it. Mayor Furlong: Based upon some circumstances it can be. Terry Jeffery: Correct. Mayor Furlong: In others it would not be able to be, is that a fair assumption? Terry Jeffery: Correct. That is correct. Mayor Furlong: Okay. Terry Jeffery: So it. Mayor Furlong: Is the County aware Mr. Anderson of your concerns? You say you sent them a letter. Mark Anderson: Yes, and we've been communicating with them and as of last Friday they had indicated that they would talk to BWSR about the additional impacts. BWSR being the Board of Water and Soil Resources. Mayor Furlong: Okay. And with regard to the construction concerns and the limits of construction, are they at all concerned about going outside of the limits that are included in the plan? Mark Anderson: They recognize that the conveyance of this water hasn't been fully addressed yet and we need to resolve it. Whether that means a different construction method or pipe or something like that, that yet is to be determined and that's what we were hoping we could do is work with them to determine that and then just have this application finalized in addressing all potential impacts instead of you know coming back and amending it later or applying for a new one. It's just more process and paper and time when obviously we've got a construction project that wants to get moving forward as the weather permits. Terry Jeffery: Mr. Mayor if I may speak quickly to that. Mayor Furlong: Mr. Jeffery. Terry Jeffery: If in fact what is determined is that they want to run a pipe conveyance down, then we would need to look at treatment for that because we can't have a new pipe discharge. That being said, if what it is, is that they need to re -grade that area to insure that there is proper conveyance, that there is positive drainage towards Bluff Creek, the Wetland Conservation Act allows for excavation within a Type 1, 2, and 6. 1, 2, 3 and 6 wetland which this would fall under. So it would not be considered an impact that would require mitigation if it was simply to grade down a few inches to a foot to correct the drainage pattern. Mayor Furlong: Okay. Ahight. And so based upon the information and the issue before the council this evening, Mr. Jeffery is there anything that you've heard tonight or earlier tonight that would suggest that we do not have enough information or that within our purview to go forward? 18 Chanhassen City Council — March 24, 2014 Terry Jeffery: No Mr. Mayor I do not. I think we have enough to go forward with this application and replacement plan as submitted. Mayor Furlong: Okay, tbank you. Thank you Mr. Anderson. Mark Anderson: Thank you. Mayor Furlong: Any other questions? Councilwoman Tjomhom, did you have a question? Councilwoman Tjornhom: I don't know if I do or not. Well it's, this may be a silly question. Something struck me that part of, part of your concern was the fact that there was public water that was being directed on private or someone else's land without an easement. Mark Anderson: That is correct. Councilwoman Tjornhom: Is that what I'm hearing correctly? Mark Anderson: Yeah. Councilwoman Tjomhom: I don't know can staff kind of explain that to me? If that means water's water. Is that not corrector can someone just clarify that for me as a point of interest for myself I guess. Mayor Furlong: Mr. Oehme. Paul Oehme: Sure. Mayor, City Council members. Tbat's correct. The County did take an easement over the pipe itself but did not take a drainage utility easement or right-of-way to convey water through the proposed drainage way. It's my understanding that some of the water that the culvert discharged prior to the proposed, or the existing conveyance system, some of that water did go on private property as well too so I think the County's aware of that issue. I think they're talking about potentially needing additional easements in this area to convey that water so I think that's still in negotiations with the property owner. Mayor Furlong: Okay. Is there a representative from the County here? Is there anything you'd like to add at this point? Bill Weckman: Sure. Mr. Mayor and council, Bill Weckman with Carver County Public Works. Yeah so we've been working on this project and we did have a meeting with Mr. Anderson and Mr. Dorsey, the property owner back in February where these concerns came out and I think it's included in your packet as far as background information. Letter that Mr. Anderson had sent the County and our response to that letter. Yes there are some issues out there. If you look at the drawing there, we do have temporary easement to do the project. When this concern came out about the water going out and such, yes there was a recognition there may be a need to increase or maybe upgrade that to a permanent easement if in fact it is a drainage area and a permanent easement is needed as one solution to this. I know the property owner has a desire to have turn lanes and such there. I mean we have talked with the City as far as that possibility and the City is, I mean yes that's a possibility but there's a process to go through as far as review of the wetlands. Potential wetlands and impacts and such. Unfortunately this project is under contract to be built. A starting date is supposed to be April 151. Everything is in line to get this project going so there's a need for this permit so we can continue on with the project. We'll certainly try to work with the property owner in resolution of this. These concerns but we also have to work with the City as a partner in this project and the City's process to make this happen so. So I guess my request would be 19 Chanhassen City Council — March 24, 2014 approval of this permit which addresses the project which we are trying to complete and yeah, we will continue to work with the property owner to resolve these other issues. Mayor Furlong: Okay, thank you. Any questions for Mr. Weckman? Mr. McDonald. Councilman McDonald: Okay I'm a little confused by all this because you've brought up a couple of points. How can you go forward with a design where you've got water going and you don't know where it's going to go? You're also, you're going to impact private property and you're telling me that yeah, we could mitigate that. We can do something else. Maybe we'll go and get an easement at that point. Isn't that like kind of closing the barn door after the cows have already left? A thorough design would have already accounted for all of this. What's happened here is that we have a landowner that's been rather slow as far as what he wants to do with the property so there's issues of egress and those kind of things with the property and he's slow doing it. By you putting the water there, now you're driving where any turn lanes or egress is going to go without getting the proper easements to do that. I don't understand how everybody can say the design is good to go when you admit you don't know where this water's going to go. It's going to flow over private land. It will totally change the characteristics of this land at that point and no one has really accounted for any of that. That says your project's not ready to go in my mind. Tell me where I'm wrong because something's missing here. You can't do part of a design and say you're going to figure out the rest of it later and yet at the same time you're going to impact private property. Explain it. Paul Ochme: Mayor, City Council members, Councilman McDonald. The current drainage pattern really isn't changing from the existing conditions to the design conditions. There is an existing culvert there currently. That culvert's not moving. The drainage flow is remaining the same from the south side of Lyman Boulevard, discharging onto the south side of Lyman then down to Bluff Creek. Bluff Creek so the pattern's still the same. The location of where the drainage flows from the end of the culvert to the creek, that's where it's changed a little bit so in my judgment you know the drainage design more or less stays the same. It's just that the water's channelized in a different location than it currently is. And to Terry Jeffery's point, you know that's something that goes on with every project with looking at wetland impacts and how drainage patterns potentially will occur over time so those type of things can be looked at in the future but in terms of what's before us tonight in terms of a, the wetland permit, I think from staff's perspective that's pretty much set. Councilman McDonald: But okay, you say there's no change but yet you're going from what, an 18 inch culvert to 24? PaulOehme: Correct. Councilman McDonald: So the water flow is going to increase. That's going to change the way the water moves. Paul Oehme: No, not necessarily. The drainage pattern, the drainage area is more or less staying the same. There is about 7 acres of drainage to the north side of Lyman that's still going to flow through the culvert. Actually there potentially will be less drainage onto private property or to this area based upon because it's going from a rural section roadway where the water can flow, sheet drain off the road to an urbanized section where there's actually going to be storm sewer catching the water before it ends up on private property so potentially there's going to be less water going in this direction. That existing culvert, that 18 inch culver that Mr. Anderson had talked about, that existing culvert is going to be replaced with 24 inch. That culvert was installed back in I think in the early 80's replacing another culvert that was there prior. Drainage designs change over time so based upon a 1980 design versus what a 2014 design is. It's a little bit different design than it was back then so. The pattern's going to stay the same. The 20 Chanhassen City Council — March 24, 2014 flow of water through that culvert is more or less going to stay the same. The only thing that really changes is the direction of the water. Where the water is going to be going after it leaves the culvert on the south side of Lyman. Councilman McDonald: Okay, if I could get Mr. Anderson back up here. I've got a question for you too. Okay you heard what the City and the County have said about all this, what is your proposing? What is the problem then with this culvert going through the way it is? It's following an existing drainage patterns. What would you look at for a design change? Have you proposed anything? I mean what's wrong with that design the way it currently is? Mark Anderson: Certainly. So you know one of the primary, one of them is they're pushing the water 40 feet further into our client's property so it used to be conveyed further to the north with a narrower roadway and a narrower slope that projected into our client's property so now it's all getting pushed further back south onto his property. The toe of slope is being extended and no easement so they're more or less just taking this land away from our client. Conveying a bigger pipe. You know even if design standards have changed, I believe this pipe will convey more water than it used to in larger events and so maybe they're designing it for a larger event. Well that will allow more water to come through and so what we'd like to see ultimately is no impact to our client's property. No negative impact and that would happen by conveying the water downstream where they actually have a ditch. An adjacent property, you can look at the cross sections for the road design. They have a ditch to convey that water. They don't have any ditch here. It's just going to spill out onto the landowner's property and poor, and drain at a very poor fashion to the west and likely flood it and expand, expand you know the wet areas so the water needs to at least get conveyed to the west without negatively impacting this. That could either be done by conveying it on the north side of the road or they can continue this pipe to the west where there is a ditch being proposed. Councilman McDonald: So are you saying in effect what you're afraid of is that we're going to end up with a Defacto drainage pond on your client's property before it all drains down the ditch to Bluff Creek? Mark Anderson: That is correct because now the toe of slope for the new roadway is anywhere from a half a foot to a foot higher than the old roadway. Plus we've got a 24 inch. Plus it's coming 40 feet into the property and that's where we're here tonight because we believe there will be further wetland impacts to address this properly once they have a plan that's complete and doesn't have a negative impact on PPB Holding's property. Councilman McDonald: And when you say have a plan complete, who's they? You or the County? Mark Anderson: The County. It's their design project. We just need to see them revise it so that it doesn't impact our client's property. It's their. Councilman McDonald: Well what the County says to us is that it's fine the way it is and we ought to go ahead and approve it. They don't seem to share your concerns. Why is that? Mark Anderson: Well I think they, Mr. Weckman recognized, I think you said they recognized there were some issues. They just haven't addressed them yet. I think any one of us as property owners would object to water and a pipe being pushed 40 feet onto our property with no solution on how to handle that water. It's not just a little bit of water. It's a 24 inch pipe and so it's a pretty substantial impact which you know based on our conversations, you know they're working with us but really not seeing any action and this is you know, this is one avenue that they need to address is the wetland permit tonight. The other is how do they resolve the drainage concern and if they just keep forging ahead and they say they've got a contractor underway. They want to start April 151. Well when are they going to solve it or are they just 21 Chanhassen City Council — March 24, 2014 going to build what they've got and push the landowner aside and say well, you know you need to go hire an attorney and deal with this and just put more burden on him or can we stop. Take a look at this. Resolve it and then approve what's right for the project and what's right for this permit application. Councilwoman Tjornhom: Mr. Mayor? Mayor Furlong: Councilwoman Tjornhom Councilwoman Tjornhom: Question I have is you I think just stated that this is a County project. Have you been to the County yet and addressed your concerns and addressed the County Board about this? Mark Anderson: We did talk to the County Public Works Department. Mr. Bill Weckman and Lyndon Robjent. As well we sent them a letter and our client has communicated with them. The plan has not changed. So a lot of time and effort has been spent with no resolution yet to date. Councilman McDonald: And okay if I could, let me ask you a question about what he says if all the water drains the way it is, are we going to create kind of a retention pond there? All the water will go there and pool there until it drains down or does it go into an existing ditch and it drains there and there's no impact on all that land? Either one, Mr. Oehme or. Terry Jeffery: Mayor, Councilman McDonald. Positive drainage is still to the west on this project. So the water would continue to drain westerly through that area. Councilman McDonald: I agree with that. The question is before it drains to the west is it going to pool because now we're dumping all that water directly into that swale that's in there and then it will reach a certain height and then at that point it will continue down or is there accommodation so that now we don't take all of that land back in there to form a reainage pond? Terry Jeffery: I haven't seen the model yet as to how high that area will bounce. I can't speak exactly to that. However the drainage patterns not changing the volume, not changing, I don't anticipate that it would behave hydrologically different from what we are seeing currently. Although it would be further south on the property that that channelization occurred. That the outflow occurs. Councilman McDonald: Okay, and if there were a problem, since we didn't, that land's not part of any easement, are we looking at an additional design at some point to bend the water around so that it now follows the path you want it to? Is that a possible future possibility? Terry Jeffery: Yes it is definitely possible that the ultimate design changes such that they design a deliberate conveyance from that area, whether it be over land flow or through a ditch or piped out or saying well let's make this then be the stormwater treatment area for a larger, for the remaining property but yes, there is certainly a number of scenarios I could see under which they might possibly change that. Councilman McDonald: But then what you seem to be telling me is that we wouldn't know that until we build it and we try it out for a while and we see what the natural course of things are. Is that what I, because you wouldn't change the design within the next 6 months? Terry Jeffery: That is correct. To an extent. We do have, I would assume SRF has modeling data that we could review to see what we are anticipating for a bounce in that area which would be very, a very good indicator of what we would expect to see for the hydraulics in that area. 22 Chanhassen City Council — March 24, 2014 Mayor Furlong: Is that applicable to the wetland alteration permit that's before us this evening? Is that part of that process? Terry Jeffery: Again no because it is not, we are not designing for the County. We are weighing in on what was presented to us to accomplish the project which is to build the road. If their discussion with a private property owner leads to design changes or procurement of additional easement to accommodate additional flow, that could be addressed at that time under a permit but what has been presented to us is, have they minimized the impacts to the greatest extent possible? Take another scenario. It is not uncommon to say okay, well you can't minimize the slopes any more than 3 to 1 but what we could do is go 3 to 1 to some point and then put in a retaining wall on top of it thereby making the flow stay within the right-of-way. And minimizing impacts even further. I mean it's a double edged sword. It could go, there are a number of ways that this could be addressed and I don't, one of those might result in less impacts to the wetland. Todd Gerhardt: Mayor, council. Mayor Furlong: Mr. Gerhardt. Todd Gerhardt: Just add a couple of things here. I think we're, it's obvious you know you can not push water onto private property and I think the County and the property owner and his representatives are having discussions regarding that. And what Terry is saying, that should have nothing to do with the item before you. It's more of a road design element that should have been handled as a part of the road design and what should have been a permanent easement versus a temporary construction easement and those discussions are going on. And if there isn't some type of conclusion to those discussions, unfortunately the property owner does have legal rights to come back against probably the County and the City in this matter and, but I believe that the County and the applicant will come to some type of conclusion on this and probably expanding that permanent easement boundary. I can't sit here and say it's going to happen but they're having discussions and, but it doesn't have anything to do with the wetland alteration. Councilman McDonald: Yes but if I could, I mean it would seem then that that needs to be tied up before you start letting anyone get in there and do any kind of construction because what you're telling me is that down the road all this could change. And what I mean by that is what Terry's talking about. If okay you can't push the water onto private land. Something's got to be done at that point. Either an accommodation has to be reached or you've got to redesign the way that, you know that pipe's coming out there and dumping water. As to where the water goes. Todd Gerhardt: But this application took into account the calculation of the amount of water coming and the impacts onto the existing wetlands and they've endorsed that the measures being used are appropriate. Councilman Laufenburger: Who's they? Todd Gerhardt: The engineer, SRF. The consulting engineer on the project and how they designed it. BWSR has confirmed how they designed it worked. BWSR didn't come in and say you can't push water on private property. That wasn't you know their job to tell them how to design the project. It was just the impacts onto the wetland is what BWSR was asked to review and how they're going to mitigate and impact those wetlands. Mayor Furlong: Mr. Oehme. Paul Oehme: So Mayor, City Council members. The County is acquiring temporary easements for installation of the culvert and then grading in this area as well and that includes the area that we're talking 23 Chanhassen City Council — March 24, 2014 about for the wetland impacts. So we're not, the County's not planning on grading or going on private property on this project at all. There is a temporary easement out there during the construction process. We do have time when the, right now for negotiations that the County's already started for acquiring those additional potentially drainage easements. Turning those temporary easements into permanent easements in the future so we're not theoretically impacting private property right now because the County is acquiring those easements necessary to construct this project. Mark Anderson: So I think the concern is, you're asked to approve a permit application tonight for a project that's incomplete and because the project is incomplete in addressing this item, as well a permit application tonight is incomplete. It hasn't been fully resolved and you know the owner has to bring me to this meeting tonight and work with the County and all these sorts of things when the County should be doing this right in the first place so I would force their hand. Get them to resolve this. Then once they have the full resolution that doesn't negatively impact our client's property, then come back with a full permit application and then you can approve it. Mayor Furlong: And Mr. Anderson thank you for your comments but if I understand correctly, and Mr. Jeffery, Mr. Oehme, the issues you've raised about the easements. The ditch slope. The construction process are not necessarily pertinent to the wetland permit. Is that correct? The permit that is before us this evening is addressing issues of. Mark Anderson: Of the road. Mayor Furlong: Effects to the, based upon the design of the effects to the wetlands. Mark Anderson: Yeah it addresses an incomplete design and a complete design will likely change this permit. Mayor Furlong: Okay. Mr. Jeffery, any fmal comment? Terry Jeffery: No, I think that's fine. Mayor Furlong: Thank you Mr. Anderson. Mark Anderson: Thank you. Mayor Furlong: Any comments from, comments? Thoughts by the council. Councilman Laufenburger: I do. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger. Mister, thank you Mr. Anderson for your comments and your description. I think these are simple questions but I need to ask them. Could you explain the term mitigation and it's use here, and I'm quoting from the staff report. These impacts will be mitigated for by wetland credits. Can you explain that Mr. Jeffery please? Terry Jeffery: Mr. Mayor, Councilman Laufenburger, yes. Under the Wetland Conservation Act, if an impact is deemed unavoidable in order to accomplish the goals. If you've looked at all other alternatives and. Councilman Laufenburger: And in this case to accomplish the goal is build a roadway. 24 Chanhassen City Council — March 24, 2014 Terry Jeffery: To build a road to the safety design standards that have been put forward Councilman Laufenburger: Okay. Terry Jeffery: The alternative to look at would be another alignment entirely. Councilman Laufenburger: Okay. Terry Jeffery: And clearly that's not an option. If there are impacts that are deemed unavoidable then they must have their functions and values replaced. And to replace those you can either replace in kind on site, and that's typically done with a larger block parcel. Councilman Laufenburger: Okay. Terry Jeffery: But when you have linear parcels you're very limited in where that can occur so then you look to establish wetland banks. And the way that this is set up, the Board of Water and Soil Resources has two banks that they manage, or two bank programs that they manage. One is the road replacement program and that is for any improvement that is deemed germane to the safety improvements themselves. That are intrinsic in order to improve the level of service of that road and improve long term safety. They will replace from their program so the applicant does not need to replace. Whether it be the City, the County, the State or the Federal agencies. Any impacts that are not deemed germane to that safety, and that typically tends to be stormwater ponds, pedestrian trails, those types of pertinent items to the project can be replaced by purchasing credit from a private held bank. So I would own a bank. You would come to me and you would purchase those credits that would be applied to the mitigation for the impacts that you couldn't avoid and all of this is done as long as the credits are established prior to the impacts being, taking place it has to happen at 2 units to 1 unit ratio. So for every acre of impact, 2 acres of mitigation must occur. Councilman Laufenburger: So this project, 2 acres of wetland will be impacted. Terry Jeffery: Correct. Councilman Laufenburger: And that is, that is 2 acres of wetland on the south side of Lyman. Is that correct? Terry Jeffery: That is actually 2 actually 2 acres of wetland throughout the entire corridor of this phase of the project. Councilman Laufenburger: Do you know how much of this is on the south side of Lyman on PPB property? Terry Jeffery: I'm looking for it right now. So Wetland I will be impacted in it's entirety. That is the pond that is closest to the, actually can you put that onto, just that slide right there will work. lA is if you look at where Sunset Trail. Yep, that's I and I are right there. Councilman Laufenburger: Okay. Terry Jeffery: So those impacts combined. Councilman Laufenburger: Go past that. Go down on the left side of the. 25 Chanhassen City Council — March 24, 2014 Terry Jeffery: So now we're at Wetland 2. Impacts total to Wetland 2 are 1.42 acres. Councilman Laufenburger: Okay, 1.42 acres then. I think that's, if I'm not mistaken it's that area where the culvert is okay? Terry Jeffery: Yep. Councilman Laufenburger: So 1.4. So that means the agency, the County who is building this road, they will have to buy 2.84 acres of wetland credits in order to offset the impact that they have on 1.42. Am I say that right? Terry Jeffery: That is correct. Councilman Laufenburger: Okay. Alright. That answers that question. So in other words the credits means we're giving permission to alter this wetland in exchange for 2.8 acres of not altering somewhere else. Terry Jeffery: Yes. Councilman Laufenburger: Okay. So some other property owner or some other wetland is not going to be impacted whereas 1.42 acres will be impacted. Okay. Let's talk about this culvert. You said there's an 18 inch culvert right now, is that correct Mr. Oehme? Paul Oehme: That's correct. Councilman Laufenburger: Is that culvert fully functional right now? Paul Oehme: I have not inspected it but I believe it would be. Councilman Laufenburger: Okay. I've seen this land on the north side and I've seen water accumulate there so that suggests to me that at, for various reasons it's possible water's not running through that culvert and in fact it goes over those driveways and continues in a westerly movement. Have you observed that Mr. Jeffery at all? How about you Mr. Weckman, have you observed that at all? Bill Weckman: No Councilman Laufenburger: No. Terry Jeffery: I have not observed that although I do know that one property to the west had issues with their culvert and the conveyance through that but whether that is from this watershed I do not know. Councilman Laufenburger: Is there a culvert underneath those two driveways? Paul Oehme: Councilman Laufenburger there is a culvert at this location. Councilman Laufenburger. Okay. Paul Oehme: That was replaced by the City, I don't know 3-4 years ago maybe. 26 Chanhassen City Council — March 24, 2014 Councilman Laufenburger: Okay, okay, okay. But the culvert, if you can just with your arrow, the culvert we're talking about here is going from there to there and right now it's 18 inches and you're making it, and the County's going to make it 24. Paul Oehme: Correct. Councilman Laufenburger: Why the increase in size? Paul Oehme: Again the County engineers did the analysis and the design for that culvert and they believe a 24 inch culvert is necessary for today's standards. Councilman Laufenburger: Oh for today's standards. Not necessarily because there's going to be 33% more water going through. Paul Oehme: No. I mean again the watershed, the area that potentially would flow through this culvert is theoretically not going to change under this design. Councilman Laufenburger: And in fact your argument about the road directing the surface water of the road is going to go to storm sewer, right? Paul Oehme: Correct. The road is going from a 2 lane rural section roadway which is I don't know 30 feet wide. Now it's going to be significant wider. 4 lanes with a median inbetween so the surface area that used to drain to this culvert is going to go down some. Councilman Laufenburger: Okay. That's logical to me. That you build a road that directs the water from the roadway rather than it just going off the side, now it's being directed. I can see that that would be less water. Let's see. This is a wetland alteration permit. Why are we seeing this right now? I mean we've seen a lot of approvals on this project over the last 2 years. Why are seeing this wetland alteration permit right now? Mr. Jeffery. Terry Jeffery: Mr. Mayor, Councilman Laufenburger. There is a very long history with this parcel dating back to 2007. Councilman Laufenburger: Who is this parcel? The PPB parcel? Terry Jeffery: The PPB parcel, yes. Councilman Laufenburger: Okay. Terry Jeffery: There have been no fewer than 3 delineations done on this property. There was a completed application that was submitted. I don't have the. Councilman Laufenburger: By the County? Terry Jeffery: By the County and at that time, due to questions about access onto the PPB Holding's property it was asked to remove that application so it did not go forward. That was in, that was in March of 2013 this was originally going to come, yeah. There's the history of this area here. Not to go through it in great detail but each color grouping is a different phase. Whether it be the delineation. The green is the original when the entire corridor was delineated. 2012 they came back with a replacement plan application. March it was decided we should probably, March of 2013 we should probably pull this back. DNR decided, they went through the DNR culvert application on their own because they realized that this 27 Chanhassen City Council — March 24, 2014 was kind of getting, let's get this one moving forward so the culvert was approved in one month in October, August, September, October of ' 13. SRF delineated the property separately on the Dorsey property. Huston Engineering then came in and did some more delineation. Councilman Laufenburger: Okay. I think you've answered my question. Does Chanhassen have the authority to approve a wetland alteration permit? Before you answer that, who owns the wetlands in the State of Minnesota? Terry Jeffery: They are considered waters of the State. Councilman Laufenburger: Of the State. Terry Jeffery: Not like a public water inventory like a lake would be. Under the Clean Water Act or the PCA's permit for the Clean Water Act they are considered waters of the State but, but the land that the wetland is on is owned by that landowner. That fee title so I cannot come onto it and utilize like I could a lake. I couldn't come onto it. Councilman Laufenburger: But the use of that and the modification of that is subject to guidelines by the DNR, am I saying that correctly? Terry Jeffery: Yes. The State through various agencies have determined that they are important enough to project. Councilman Laufenburger: Okay. So not only is, the homeowner can't, or the landowner can't just be willy nilly they can't do anything? If there is wetland there, the DNR oversees what can be done with that? Terry Jeffery: The DNR or other agencies. Councilman Laufenburger: Or other agencies. And Chanhassen is one of those agencies, right? Terry Jeffery: Correct. Councilman Laufenburger: Okay, so this wetland alteration permit applies only during construction? The 1.42 acres of wetland. Terry Jeffery: They are allowed to permanently fill 1.42 acres of wetland in that area for the completion of this project provided that they mitigate that at a 2 to 1 ratio elsewhere. Councilman Laufenburger: Okay. And once that's, once that 1.42 acres has been altered as necessary to complete the project, will it be returned to it's original state or not? Terry Jeffery: No. No. Councilman Laufenburger: So this permit says you don't have to return it to it's original state. You have permission to modify that 1.42 acres for purposes of building this road. Terry Jeffery: Correct, Councilman Laufenburger: Okay. We're getting somewhere here Terry, thanks. Why 40 feet into the property? 28 Chanhassen City Council — March 24, 2014 Terry Jeffery: In order to meet safety design standards, and please step in if I'm wrong, they need to have a minimum side slope of 3 to 1. Councilman Laufenburger: So this is related to the corridor. The road corridor, is that right Mr. Oehme? Terry Jeffery: Correct. Paul Oehme: Correct. Councilman Laufenburger. Okay, so 40 feet. So is it, is it 40, 40 additional feet onto the property or is it, is it 12 additional feet onto the property as opposed to, Mr. Weckman do you know? Todd Gerhardt: Bring up the plan that shows the culvert. I think you bought some additional right-of- way... Paul Oehme: Well here's a. Mark Anderson: Yeah this plan is one representation of the additional land area that is projecting into the PPB Holding property. Councilman Laufenburger: Mr. Anderson do you know with certainty how long the current 18 inch pipe goes into the property? Mark Anderson: I believe it's within the right-of-way at this time. Rick Dorsey: No it isn't. Mark Anderson: It's not. Okay. Rick Dorsey: I currently have about 90 feet... Councilman Laufenburger: I really need to have him answer that at the. Rick Dorsey: Mayor, council, my name is Rick Dorsey. The pipe, this road has since I've owned the property in 1979, it started out about 25 foot wide dirt road and it had a 15 inch culvert originally and about 25 feet long. In 1981 the road was widened. A big embankment was put on my property and that pipe extended then to 90 feet in length. Most of it on my property. There's been no real additional land purchased on the north side of the road so that hasn't changed and it's going from 90 feet to 130 feet. Current plan so it's coming another 40 feet in. Now again. Councilman Laufenburger: So let me just make sure. My question was, how much more does the pipe protrude onto your property than it did before and you're saying it's almost 40 feet. Rick Dorsey: Correct and prior to that the end of it was not on county property either. They put it in unbeknown to me when it was being constructed in 1979, or 1980. The road easement was coming in I believe about 40 feet from the center of the road and that pipe came in approximately another 20 feet beyond the right-of-way at that point in time. Councilman Laufenburger: Okay. Thank you Mr. Dorsey. 3J Chanhassen City Council — March 24, 2014 Rick Dorsey: Yep Councilman Laufenburger: I just have one last question and I think it may be, I'm not sure who this goes to but, was there right, was there additional right-of-way purchased for the, in order to build the road? Mr. Oehme, do you know? Was there additional right-of-way purchased from PPB Holding in order to build? Bill Weckman: Or easements. Councilman Laufenburger: Or easements, yeah. Paul Oehme: Or easements. There, I believe there are and do you have that drawing? Mayor Furlong: So it's in the process? Is it in process of condemnation? Paul Oehme: It's in, it's going through the right-of-way acquisition process right now. There is in place or proposed right-of-way that's going to be acquired plus the temporary easement that we had talked about as well so there is both. Councilman Laufenburger: I don't need to know the exact amount but my assumption is that if the County needs more land in order to build this road they will buy that in the form of, either buying the land or buying the easement for that land from PPB Holding, is that correct Mr. Oehme? Paul Oehme: That's correct. Councilman Laufenburger: Okay. Alright. Thank you Mr. Mayor. That's all I had. Mayor Furlong: Thank you. Any other questions? Mr. Jeffery or Mr. Oehme, the wetland, the 1.42 acre portion of the wetlands, is that the entire wetland at that location or is the wetland actually larger and they're just mitigating or dealing with 1.42 acres? Terry Jeffery: Mr. Mayor, the wetland is actually larger and they're just mitigating or impacting the 1.42 acres. Mayor Furlong: So with regard to, so what's before us tonight is that, impact on a portion of the wetland in that location and that's being mitigated and so the question is, is it being mitigated? Terry Jeffery: That is correct. Mark Anderson: There haven't been any improved wetlands on the PPB Holding property at this time so it's unknown. Mayor Furlong: Okay. Thank you Mr. Anderson. Directing the question to staff. Terry Jeffery: There is no legally approved wetland boundary extending beyond the approved right, or the proposed right-of-way. Mayor Furlong: And when... Terry Jeffery: And in my professional opinion having done this since 2004 or since 1994 there is additional wetland that extends beyond. U Chanhassen City Council — March 24, 2014 Mayor Furlong: And when would that wetland be delineated and. Terry Jeffery: If in the future the, Mr. Mayor if in the future the property owner of that land chose to delineate it for a project. Mayor Furlong: For a development project? Terry Jeffery: For development project for instance, they would be delineated at that time. Mayor Furlong: Okay, thank you. Councilman Laufenburger: Just a follow up Mr. Mayor? Mayor Furlong: Yep. Councilman Laufenburger. Did I hear you correctly Terry? You said that there is no approved wetland in this area on the PPB? Terry Jeffery: Beyond. Councilman Laufenburger: Beyond the 1.42. Mayor Furlong: No. Terry Jeffery: Mr. Mayor, Councilman Laufenburger the, can you bring up my slide again? Mayor Furlong: Is the 1.42, that's within the construction limits? Terry Jeffery: Yep. Yeah, bring up that one right there. Yep. So the red that is shown on there. Councilman Laufenburger: That's the one. Terry Jeffery: Is the limits that were looked at. The yellow that is shown are the delineated boundaries that were approved as part of this process through the final Houston Engineering delineation. Oh, they are not impacting in it's entirety. Mayor Furlong: So does the wetland, that yellow line through there, that's the edge of the wetland based on the delineation of the pemut process? Is that what I heard you say? Terry Jeffery: Correct. Mayor Furlong: And does the wetland extend to the south or to the north of that yellow line? Terry Jeffery: It extends south of that yellow line. Mayor Furlong: Okay. And so the 1.42 acres is the distance between the yellow line south to the red line? Or wherever there's wetland within that, within the red line area. 31 Chanhassen City Council —March 24, 2014 Terry Jeffery: It is from the northern yellow line to that point at which, which is not shown on this. This just shows the delineation. South of that yellow line to a point where the limits of the grading for the toe of slope occur. In some places, it's not that entire area that's being shown. Mayor Furlong: Okay. Does the red line, what does the red represent? Terry Jeffery: Their scope. Their limit of review for doing the delineation. Mayor Furlong: And they being? Terry Jeffery: Houston Engineering. Mayor Furlong: Okay. Todd Gerhardt: And that would either be the permit or construction easement boundary. Terry Jeffery: Perhaps, yes. It should coincide with that. Clearly moving east though they're not showing the full boundary but yes. It would coincide with the right-of-way. Todd Gerhardt: Yeah. Terry Jeffery: And the Notice of Decision for the wetland delineation specifically states this applies only to that portion which is within the proposed right-of-way for Lyman Boulevard. So the delineation itself was approved. Mayor Furlong: Okay. Alright. Thank you. Any other questions? No? Thoughts or comments by council? Councilman McDonald: Yeah I've got a couple comments. Okay I've listened to all of this and I guess where I'm having a problem with it is that, again as I said who's going to drive development on this site and it really didn't make any difference. If the County's got a better idea then that's fine but my problem is they should pay for that. It bothers me that you haven't finalized easements, right-of-way's, how much property is going to be taken. You've got a landowner that's coming before the City as this is kind of his last gasp to get the County to negotiate because once we approve this and you start construction, you put the landowner at a difficult position. Or you force the landowner's hands and now we're in a lawsuit and this road doesn't get built for a couple years and that wouldn't be good for anyone. I'm in favor of tabling this and forcing resolution at the county level to get these issues resolved while there is still some leverage at this point to get a fair market price for the landowner. Or they get a fair assessment you know as to what's happening to the property. I hear what Terry says and then at the same time you tell me but it could impact it and it could do this. There's too many ifs. There's no certainty. You can't build anything without certainty. I mean I'm an engineer. You can't do that or else you're asking for trouble. I'm also the lawyer in all of this. You're also asking for trouble. It bothers me that you have not brought a completed package before us so I'm in favor of delaying it. I can't vote for the delineation at this point. Mayor Furlong: Alright, thank you. Other thoughts. Comments. Councilwoman Ernst. Councilwoman Ernst: Yeah, I'm in agreement with Councilman McDonald. You know we're asking to approve a project that really doesn't convey the entire design of the project, in particular where the water will ultimately end up or the conveyance of the water and based on all the gray areas and the predictions that seem like well, we'll wait and see. Then we might do something about it. I'm just not comfortable approving this at this time. Once we know what it really looks like then we can take another look at it. 32 Chanhassen City Council — March 24, 2014 Mayor Furlong: Mr. Gerhardt. Todd Gerhardt: Mayor, council. We have to go back and look at the issue before you today. We already awarded contract on this project. We've enter into a contract with a builder and any delays may come back as damages to the City in this project and so it'd be my recommendation that you approved the wetland alteration permit before you and have staff direct a letter to the County to work with the property owner and have this resolved within 60 days. If not bring it back to council and you know, to see why we haven't got some type of conclusion within 60 days. Mayor Furlong: You say we've awarded contract. Haven't we also approved the plans? Todd Gerhardt: Yes. Mayor Furlong: I mean the plans for this project were approved by both the County and the council. Todd Gerhardt: Correct. Mayor Furlong: Previously so I think, Councilwoman Tjomhom. Councilwoman Tjomhom: Mr. Mayor, and forgive me I've been listening to this quietly trying to soak it all in. I'm still confused about why there's a project that we're supposed to approve or not approve and it's still not coherent or conclusive that it's complete or not complete and what role I guess the City has in this project versus the County and why it would come to us if there's still outstanding questions. I don't have a problem with the project. I just want to make sure that we are acting within our rights as a city and you know and like I said why this is even coming to us like this so if someone could just explain that to me. Mayor Furlong: Mr. Gerhardt Todd Gerhardt: Mayor, council members. The property owner is at his wits end. He is asking you to help him in getting negotiations with the County underway and completed and this is his last straw to be in front of a board. And unfortunately it's under the wetland alteration permit and it's after we've already entered into a contract with a builder. You know I can feel for him but delaying this is not in the best interest of the City or the project. You know it would be my recommendation that staff be directed to work with Carver County Public Works in getting something resolved here regarding pushing water onto a private property. Councilwoman Tjomhom: And that was my question I think a half hour ago when you know we started really delving into this I said, you know is this a county issue? Has the applicant dealt with the County because this clearly is an applicant/County issue. Not a City/applicant issue. Todd Gerhardt: Well we're kind of in this jointly with Carver County. Councilwoman Tjornhom: Right. I understand that we're all marred into it somehow. Todd Gerhardt: Yeah. Councilwoman Tjomhom: But at the same time like I said, I just don't understand. I don't want to be played in that role as being you know part of that piece of the puzzle that either delays a project for 33 Chanhassen City Council — March 24, 2014 whatever reason so I just want to make sure that tonight we do the best thing for the city of Chanhassen and our projects and our commitments that we've made so far. Todd Gerhardt: Well I don't know if the property owner would you know support my recommendation to you or not you know where we would get involved and have the three parties sit down and get some conclusion to this within the next 60 days and if not bring it back to council and say we still haven't resolved the issue and, and we can bring this issue back as many times as you want and try to get the issue resolved. Councilwoman Tjomhom: But it's not our issue. I mean it is but it's not. Mayor Furlong: Well I guess the question I have is with regard to the issue before us, which is the wetland alteration permit. Councilwoman Tjomhom: Right Mayor Furlong: And does it meet the requirements of that? What I've heard tonight is it does based upon the design. The question, and you know these questions come up. Property owners have a right to question and continue to question and question and question if they want to, and there's nothing that says either that they have to agree with the proposal from the County or the City at any point in time. Whether that's 60 days or 6 days or 6 years. I mean but there's a process there that's available if there still is disagreement so the question I think before us tonight is does the wetland alteration permit meet the requirements of the State. The State statutes on all the issues and, and does it meet the requirements before us and if it does I think we should go forward with the approval. I certainly think the city staff and county and the property owner need to sit down and try to resolve some of these things, and if with that resolution there's a change in design and that change in design requires an amendment to the wetland alteration permit, it will be back before us. But with regard to the design that's been approved and that's moving forward what I heard tonight is that this application meets all those requirements. Meets the State statues and any other guiding requirements and so I think you know, is the issue before us should it be approved? I think it should be. That doesn't preclude us from directing staff to say, sit down with the County. Try to facilitate this. See if something can be worked out okay and going forward. Mr. McDonald. Councilman McDonald: If I could Mr. Mayor. First I've got a question for Mr. Gerhardt. Okay, it goes out 60 days. What's our remedy at that point if we've already approved all of this and everything's now going down a road, what difference does that make? Yeah you're right you can bring it back to us forever and ever but how does that resolve the problem? Todd Gerhardt: Well what it does is it reserves a right to bring it back on an agenda item you know so there's a message between you, the property owner, the County and the City saying in 60 days if we don't have resolution or moving this item along that we bring it back and have to answer to you, Mayor and council why we didn't get resolution to this item regarding putting public water on a private property. Councilman Laufenburger: Could we mitigate the matter by withdrawing the permit? Could we, could we withdraw our approval of a permit in 60 days? Todd Gerhardt: I don't know if there's an appeal process once you approve it. Terry Jeffery: This is one time I wish Roger were here. Mr. Mayor I cannot answer that question intelligently. 34 Chanhassen City Council — March 24, 2014 Councilman McDonald: Then Mr. Mayor if I could, a comment to what you brought up to us. I agree. Where I disagree is that when this project was brought before us I was under the impression it was complete. What I'm finding out tonight is, ah it wasn't quite complete. Mayor Furlong: Well and what's complete and what's item of disagreement perhaps with the design. Councilman McDonald: Well yeah and you've got a major problem here that could impact a lot of things if they can't reach resolution about where does this water go. I mean that's a failure. Again that should have been disclosed where we could have asked a lot of questions a lot sooner in all this. You're right about the wetlands permit and stuff, what does that have to do with anything? But as Mr. Gerhardt said, you know we've got a property owner within our city that is having a problem and he's coming before the council and the only leverage that we've got, which is why I asked the question is, we don't approve the permit and that forces people, okay you want to get this project done on time. You'd better solve the issue quick. That's the only leverage we've got within the city and that's why I'm concerned about okay, we push it out 60 days. Where's our leverage? It's yeah you've got to come in here and talk to us. Todd Gerhardt: Well I'm just telling your leverage is going to hurt the City in the pocketbook also. Councilman McDonald: Right and I understand that and that's where I feel as though yeah, we're between a rock and a hard place. Councilman Laufenburger: Explain, Mr. Gerhardt. Explain how does our leverage of 60 days, how does that hurt the City? You're speaking with, with conviction and certainty and I'm wondering where that comes from. Todd Gerhardt: Any delay in the construction process, the contractor who we have awarded bid to can. Councilman Laufenburger: We did or the County has awarded? Todd Gerhardt: We did. Mayor Furlong: We concurred. Councilman Laufenburger. We concurred. Todd Gerhardt: Yeah. Councilman Laufenburger: The County awarded, we concurred. They're using some of our money okay? Todd Gerhardt: Correct. And we gave our Municipal Consent for them to move ahead with the design and with that any delays would be damages back against the property which we would be subject to based on our road agreement and the percentages that we would contribute back to this project. Councilman Laufenburger: But are they going to rip up this culvert on April 15` 9. Todd Gerhardt: It may not just be the culvert. It maybe just mobilization. You get into road restrictions and a variety of issues and. Councilman McDonald: Well okay let me ask this question, and again I wish Roger were here but so we go ahead and approve all this and if the landowner then proceeds to court and they get an injunction, are 35 Chanhassen City Council — March 24, 2014 we off the hook? I mean we've done everything, well hey he's the one talking about you know we're in a difficult position about penalties. What does the contract say about okay the landowner who has a recourse from a legal perspective, where's the contract on that? Are we still in jeopardy even if we approve this tonight? Todd Gerhardt: Potentially. Councilman McDonald: Potentially. Rick Dorsey: Mayor could I come up one second? Mayor Furlong: For what purpose? Rick Dorsey: I'm not trying to stop this project, number one. I've been working. Mayor Furlong: Two minutes Rick please. Rick Dorsey: I'm not interested in stopping the project. I put that forth 2 weeks ago when we met in front of the Planning Commission. We asked to get the County to sit down and get this, a plan worked out. It hasn't happened. We've had a little talk but it hasn't happened. My biggest concern is dealing with the water. With respect to the wetland issue, and that's really what we're here for is dealing with the wetland issue. I have legal recourses if I need to take them I guess. I'd just as soon not do that but with respect to the wetland issue, the issue that's before you is, is there more wetland that's being impacted than what is being disclosed and you're not going to see anybody come back and tell you more was impacted unless I do because you're not going to go out and inspect it and you don't know what's there today and what's been marked off. There will be more wetland impacted because they've only gone to the toe of the slope. That slope is 25 feet high at 3 to I slope. I believe it's 3 to 1. There's no way a tractor's going to he able to do anything without going another 20-30 feet beyond that to back up and down the side of that hill. There's well, there's water that's going to be brought in. It will not drain. It's coming in my property basically flat. They say positive drainage. My neighbor to the west will have a ditch. I'll have flat drainage. It's going to sheet drain across until it gets to their ditch. It's going to create more wetland perhaps. How do I deal with that because they're not putting the ditch in that's necessary to replace the ditch that's there? Now the other thing is that they're coming further into my property. Every time, this is the third time. Or third time this road's been built. Two of them I've been a part of. The first time it was 25 feet wide. Mayor Furlong: You mentioned that earlier. Rick Dorsey: Okay, it's now comes into my, it came in 40 feet. Now we're into about 90 feet into my property and we're pushing water in that used to come 20 feet or whatever into my property. Now we're in 50-80 feet further. Every time it comes in further, and there's no easements. There's nothing there but I get the water. The size of the pipe, I'm sure the consultants are dealing with that because the anticipation is there'll be growth on the north side of town. There'll be more hard surface. Mayor Furlong: Okay. Rick Dorsey: So there are issues that are there. Mayor Furlong: Alright, thank you. 36 Chanhassen City Council — March 24, 2014 Rick Dorsey: I'm willing to take, I don't want 60 days. I'm ready tomorrow. I'll meet with somebody tomorrow. Let's get it done. Let's get it done. Mayor Furlong: Ahight, thank you Mr. Dorsey. When is the construction due to start on this project based upon, Mr. Oehme do you know? Paul Oehme: Mayor I believe right after road restrictions so May timeframe. Bill Weckman: The contract is April 15. Mayor Furlong: April 151, alright. Paul Oehme: April 151b. Mayor Furlong: Alright. Do we have a couple meeting between now and April 151? I think we have one on the 13' don't we? Todd Gerhardt: Yeah Mayor Furlong: Ahight. Would it make sense to table this until the 131 to give the County and City time to sit down with the property owner and he's just stated he's willing to meet right away, tomorrow if necessary and maybe there can't be a resolution but if not at least we've. I mean I believe based upon the issue at hand, I think this is being used for something which it's not intended and I would be comfortable moving forward tonight approving this based upon the facts presented to us for this permit. I think this other issue is still going to be there. If a majority of the council wants to allow this to be used as a tool to delay then I would certainly support that we minimize that to our next meeting which would be I think our fast meeting in April. But I would certainly pursue, or prefer to go forward this evening because I think the facts and circumstances justify us doing so. Mr. Laufenburger. Councilman Laufenburger: Yeah I just, and I don't want to challenge your words Mayor but I am going to challenge just 3 words you used. Mayor Furlong: Okay. Councilman Laufenburger: Tool to delay. I don't believe this is a tool to delay. This is a tool that the property owner would like to use as leverage to move quickly forward and this appears to be movement that he has not seen from the County to his, to his acceptance so I don't think it's a tool to delay. I think it's a tool for action. Mr. Weckman I think you had a comment. Councilwoman Tjornhom: Yeah I guess. Mayor Furlong: Councilwoman Tjornhom. Councilwoman Tjornhom: I'm sorry. Mayor Furlong: Oh. Councilwoman Tjornhom: I'm sorry. No I didn't mean to interrupt or anything Mayor Furlong: Do you have a comment? 37 Chanhassen City Council — March 24, 2014 Councilwoman Tjomhom: I do. Talking about tools for delaying and the County, I mean the County is here. Why hasn't this been resolved before tonight? Why do we have to be a tool to you know for Mr. Dorsey to come back and negotiate with you. Mayor Furlong: For whatever purpose. Councilwoman Tjornhom: Yeah. Bill Weckman: Okay Mr. Mayor and council. I believe this response letter is included in the packet or somewhere in there. It's. Mayor Furlong: Do you know what page it's on? Bill Weckman: When these concerns came up and Mr. Anderson sent a letter to the County and February 24th we responded. February 251 but I mean there was work done before this February 25' response as far as trying to find the answers in order so we could respond. Regarding the 24 inch culvert and such, there is concern as far as redirecting that water whatever. What impact that may have to potential wetlands to the south. Well not being able to delineate those wetlands, you don't know for sure what is there and what the potential is so. Mayor Furlong: And why weren't those delineated then, if that would be necessary to respond? Todd Gerhardt: We didn't have permission to go on the property. Bill Weckman: We didn't have permission to go onto the property to delineate the wetlands. So we don't know will diverting that water what the impacts may or may not be and there again we talked to the City about that and yes, that's something that could be done but it's a matter of sequencing and doing that. In doing that job. As far as addressing some of these other things we, Mr. Dorsey, well the property owner had an interest in us putting a right turn lane on and extending that slope and we asked the City is that a possibility but again yes, it's a possibility but there's a process that has to be gone through and that process has to be initiated by the property owner. So I don't know, Mr. Dorsey is saying the County hasn't done anything. I think this letter of February 25' in essence puts it in Mr. Dorsey's hand that if he wants something done on that property, to initiate it. Mayor Furlong: And that letter's in the packet on page, or electronic packet on page 233. Bill Weckman: Yes. Yes it is. And so if Mr. Dorsey wants to come into the City and initiate this and work through the process, the County is willing to work with Mr. Dorsey and the City to address these concerns. The other process that is going on here is the right-of-way acquisition process and we've been going through that process and had an appraiser look at the plan and the impacts of the property and an appraisal was done as far as the impacts and an offer was made for the right-of-way. We haven't resolved that. We are in negotiations. Because of the scheduling of the project, yes. There was condemnation that is filed. We do have the right to access the property through that process. In that process, if Mr. Dorsey is impacted, if it's a negative impact here, a damage he has the right to compensation for that. That has yet to be determined. I mean if we cannot negotiate a settlement it will go through the Land Commissioners. As far as that process unfortunately we've been having a difficult time getting a third land commissioner. The land commissioners that we agree upon, when we try to get an appointment we find out they are not available or have a conflict of interest and cannot be a land commissioner for this Particular project but, so that is another process that is going on. So if there are damages there and the Property owner has legal rights to fair compensation for those damages and that will be determined 9 Chanhassen City Council — March 24, 2014 through the land commissioner process or appeals to that process if we cannot reach a negotiated settlement. Councilman McDonald: Well excuse me, something you said you need to clarify that. Have you started a condemnation action at this point? Bill Weckman: Yes. Councilman McDonald: Okay Bill Weckman: Mr. Mayor, councilman, yes. The condemnation, I'm sorry I'm not prepared to answer as far as specific dates but it was a few months ago where the condemnation hearing was held. We have right to access this property or, and yes there is additional right-of-way being purchased. The permanent roadway right-of-way is a fee title. It is a property purchase. That flood line is a temporary easement. Around the culvert it's a drainage easement. In our letter we do mention that yes, we do need to look at is there a need for some additional permanent drainage easement as compensation to the property owner due to the impacts of this project. Mayor Furlong: Any other questions? Councilwoman Ernst: Sure Mr. Mayor. Mayor Furlong: Thank you. Councilwoman Ernst. Councilwoman Ernst: So can you tell me if we go, if we do approve this and we say tonight okay County, City work with the resident or work with Mr. Dorsey and see if you can resolve this in the next 2 weeks, is that possible? Bill Weckman: Mr. Mayor and councilwoman, I guess from the responses I've been hearing to have it completely resolved, it doesn't sound like it is possible because to go through some of these is a process and it needs to be looked at. Councilwoman Ernst: So do you have a timeline as to how quickly it could be resolved? Bill Weckman: I first as I see it the property owner has to make a proposal on what they want done here. So we can address that. Councilwoman Ernst: Have they not told you what needs to be done? Bill Weckman: They've not formally applied to the City or, I mean we can't. Mayor Furlong: Are you referring to the road project or are you referring to development of his property? Bill Weckman: Work on his property and what would occur on his property. Todd Gerhardt: Yeah I think you know where we're at is that Mr. Dorsey can go through the condemnation process. That is the set schedule. As soon as we can find that third commissioner that could hear each side's story and make a determination on value. I think Mr. Weckman has said that there's been a counter proposal to change the construction easement into a permanent easement. Is that, did I hear you correctly? 39 Chanhassen City Council — March 24, 2014 Bill Weckman: No there has not been a formal counter proposal. In our response to Mr. Dorsey we did indicate that. Todd Gerhardt: You would look at it. Bill Weckman: We would look at that as a possible resolution to his concerns as far as is water going over private property or whatever. To in fact put a permanent drainage easement on that area and compensate for that drainage easement. Todd Gerhardt: But at any time your right-of-way people would sit down with Mr. Dorsey if he would like to try to settle this but you have parameters of which you have to work within. Bill Weckman: Well right. I mean we have, we have our appraisal on what the values are and what the impacts are and we can work with that. The property owner has a right to have their appraiser and own appraisal done and which in fact the County would have to pay for. We haven't seen that type of an appraisal. That's one way to try to negotiate this way out and there again, if we can't negotiate it, well then it's go to the Land Commissioners and each side present their case and the Land Commissioners determine what's fair compensation for damages or impacts we're doing to the property. Councilwoman Ernst: It's just hard for us, for me to approve this tonight when I don't know it's going to get done and when. That's my concern. Mayor Furlong: Mr. Gerhardt. Todd Gerhardt: It's going to get done. Councilwoman Ernst: But when? Todd Gerhardt: You know it's sometime. It's got to be done. As soon as you can find a third commissioner to hear it, but you know you can't but he's assured that he's going to get some type of compensation. I think you have already settled with some property owners along the corridor. Bill Weckman: Ah yes. We've settled with a number of property owners or close to a settlement on a couple more. Councilman McDonald: Mr. Gerhardt if I could. One of the things that he just said at the end that changes a lot of things for me is the fact there is a condemnation process. That wasn't brought up earlier. Under the law they can go in there and start doing all this construction and you can settle it out later but you know they're forced by law, by statute, you're right. There's a process. So that's why I asked, okay if you've already started a condemnation proceeding then this has kind of gone beyond us but if you want to have Mr. Knutson you know write to the council and express that yeah, our holding up this permit is not going to accomplish a thing. Just because of where that's at so I mean, that's where it's at. It's already tra rsitioned over to the legal recourse side of all this. If it's in condemnation then there's nothing we can do so. Mayor Furlong: So are you suggesting, Mr. McDonald are you suggesting that we go forward with the Proposed resolution this evening? Councilman McDonald: Yeah, I'm proposing now yeah. We might as well go forward with the resolution because we have no impact and there is the down side of, as Mr. Gerhardt says, there's Probably penalties built into the contract. I don't feel comfortable incurring penalties when there's 40 Chanhassen City Council — March 24, 2014 nothing I can do about it and at this point I can't do anything about it. You know we hold it up, it's not going to make that process of condemnation go any quicker or any faster. It's a set process and it does under statute it allows the state entities to come in. You can start construction and we'll argue over fair market value and everything at a later date. It allows projects to move forward. That's why the law was written that way. Mayor Furlong: Mr. McDonald, would you like to make the motion then for this evening? Councilman McDonald: Sure if they put it back up. I've forgotten what it was. Mayor Furlong: It's in your packet as well. Councilman McDonald: Okay. Councilman Laufenburger: Page 124. Councilman McDonald: I would make a motion Mr. Mayor that the Chanhassen City Council approves the Wetland Alteration Permit #2014-05 and the WCA Permit #2013-01 for the purpose of the reconstruction of County State Aid Highway 18 (Lyman Boulevard) Roadway Improvement Project, Phase 3 and authorize the Water Resources Coordinator to sign the joint notification application for approval of the wetland replacement as shown in application dated February 11, 2014, subject to conditions within the staff report. Mayor Furlong: Do you want to continue then? And. Councilman McDonald: Oh, and adoption of the attached Findings of Fact and Recommendations. Mayor Furlong: Okay, thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion's been made and seconded. Is there discussion on the motion before us? Mr. Laufenburger. Councilman Laufenburger. Thank you Mr. Mayor. I think as has been made clear, this wetland alteration permit is needed for the building of the road. I do not disagree with Mr. Anderson's position as he's expressing them on the part of Mr. Dorsey that what we don't know is what's going to happen to the water that comes through that culvert after the construction is complete. But it's clear to me that the conveyance of that water, whether it's flat. Whether it's graded or whatever, that's outside of what this permit is supposed to do so I don't believe that there's anything that we can do to accelerate, to prone, you know work for action. All we can do is encourage and support Mr. Dorsey in his efforts with the County to try to get them to understand that in his view his property's going to be impacted and the County needs to at least listen. Maybe not agree but at least listen to that in an effective way. I'm prepared by support this motion as it stands. Councilwoman Ernst: Mr. Mayor? Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Yes now that I've had some clarification on the condemnation process, that does change it for me as well but I would also like to see the County continue to work diligently to try and 41 Chanhassen City Council — March 24, 2014 resolve this issue. And I know that there are processes that you need to follow and it sounds like it's kind of on their timeline but I would only ask that that happens so I would support this as well. Mayor Furlong: Any other discussion? Hearing none, without objection we'll proceed with the vote. Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City approves Wetland Alteration Permit #2014-05 and WCA Permit Number 2013-01 for the purpose of the reconstruction of County State Aid Highway (CSAH) 18 (Lyman Boulevard) Roadway Improvements Project, Phase 3; and authorizes the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in application dated February 11, 2014 subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: 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. An appeal has been filed on behalf of Mr. Rick Dorsey. This is an appeal of staff decision to deny a request for a No -Loss determination for Wetland IA. Any approval of mitigation quantities shall be contingent upon the outcome of this appeal. The county may hold any additional credits and apply those credits to future phases of the Lyman (CSAH 18) reconstruction project. 3. If it is determined that secondary impacts will occur to wetland 1 A as a result of the proposed improvements, these impacts will need to be mitigated for at a 2:1 ratio. 4. 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. 5. 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. 6. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. The applicant must obtain, and the city must have received copy of, an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts. 8. A signed Landowner Statement and Contractor Responsibility form shall be provided to city prior to commencement of activity. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone. Hopefully we can find a resolution quickly. 42 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone:952.227,1100 Fax: 952.227.1110 Building Inspections Phone:952.227.1180 Fax:952,227.1190 Engineering Phone:952.227.1160 Fax:952.227.1170 Finance Phone:952.227,1140 Fax: 952.227.1110 Park & Recreation Phone:952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 Fax:952.227.1404 Planning & Natural Resources Phone:952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone:952.227.1300 Fax:952.227.1310 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Terry Jeffery, Water Resources Coordinator DATE: March 24, 2014 LtIor � SUBJ: Lyman Blvd (CSAH 18) Wetland Alteration Permit and Wetland Replacement Plan PROPOSED MOTION "The Chanhassen City Council approves Wetland Alteration Permit #2014- 05 and WCA Permit Number 2013-01 for the purpose of the reconstruction of County State Aid Highway (CSAH) 18 (Lyman Boulevard) Roadway Improvements Project, Phase 3; and authorizes the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in application dated February 11, 2014 subject to conditions within this staff report. And, Adoption of the attached Findings of Fact and Recommendation." City Council approval requires a simple majority vote. EXECUTIVE SUMMARY The proposed project consists of reconstruction of Lyman Boulevard (CSAH 18) between Audubon Road (CSAH 15) and Powers Boulevard (CSAH 17) within the City of Chanhassen. The Carver County Public Works Department is proposing to improve the existing roadway by increasing roadway capacity and constructing safety improvements to the roadway and its condition including access management and a multi -use pedestrian/bicycle trail. Construction for the proposed project is expected to begin in April 2014, with substantial completion and cleanup to be in late November 2014. Senior Center This project will require that 2.0 acres of wetland are impacted. These impacts will Phone: 952.227.1125 be mitigated for by wetland credits from the Board of Soil and Water Resources Road Fax: 952.227.1110 Replacement Program and the purchase of wetland banking credits from a privately held wetland bank #1392. Web Site www.ci.chanhasseflnnn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SC Todd Gerhardt Lyman Boulevard WAP — Planning Case 2014-05 March 24, 2014 PLANNING COMMISSION SUMMARY The Planning Commission held a Public Hearing on March 4, 2014 to review the proposed mad improvement project. The commission voted five to zero on a motion recommending approval of the wetland alteration permit and wetland replacement plan. One individual spoke at the public hearing. Mark Anderson, P.E. of MFRA asked the Planning Commission to add a condition directing the County to work with PBB Holdings to address a concern about the proposed upsizing of an existing culvert under Lyman Boulevard. These were considered outside the scope of the wetland alteration permit and wetland replacement plan. RECOMMENDATION Staff recommends adoption of the following motion approving the Wetland Alteration Permit and Wetland Replacement Plan: "The Chanhassen City Council approves Wetland Alteration Permit #2014-05 and WCA Permit Number 2013-01 to impact 2.0 acres of wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase of 3.34 acres of wetland credit from bank #1392 and 0.66 acres from the BWSR Road Replacement Program for the purpose of the reconstruction of County State Aid Highway (CSAH) 18 (Lyman Boulevard) Roadway Improvements Project, Phase 3; and authorizes the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in application dated February 11, 2014 subject to conditions within this staff report. And, Adoption of the attached Findings of Fact and Recommendation". ATTACHMENTS Planning Commission Staff Report Dated March 4, 2014. g:\pplan12014 planning casm\2014-05 lyman boulevard wap\executive summary_03242014.dm CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: March 4, 2014 CC DATE: March 24, 2014 REVIEW DEADLINE: April 1, 2014 CASE #: 2014-05 BY: KS City Council approves Wetland Alteration Permit #2014-05 and WCA Permit Number 2013-01 to impact 4-.M 2.0 acres of wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase of 445 3.34 acres of wetland credit from bank #1392 and 043 0.66 acres from the BWSR Road Replacement Program for the purpose of the reconstruction of the proposed County State Aid Highway (CSAH) 18 (Lyman Boulevard) Roadway Improvements Project, Phase 3; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans application dated 3et3 February 11, 2014 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 County State Aid Highway (CSAH) 18 (Lyman Boulevard) Roadway Improvements Project. LOCATION: Lyman Boulevard (CSAH 18) between Audubon Road (CSAH 15) and Powers Boulevard (CSAH 17). APPLICANT: Carver County Public Works Attn: Lyndon Robjent, P.E. 11360 Highway 212, Suite 1 Cologne, MN 55322 lrobient(a)co.carver.mn.us 952466-5200 PRESENT ZONING: Agricultural Estate (A2), Planned Unit Development -Residential (PUD-R) and Bluff Creek Primary Corridor. 2030 LAND USE PLAN: Parks and Open Space, Mixed Use, Residential Low -Density, Residential Medium -Density, Residential Large -Lot, and Office/Commercial ACREAGE: N/A DENSITY: N/A Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 2 of 19 SUMMARY OF PROPOSAL Request for a Wetland Alteration Permit under Chanhassen City Code, Chapter 20, Article VI, Wetand Protection, and approval of a wetland replacement plan under the MN Wetland Conservation Act -for the construction of the proposed Lyman Boulevard (CSAH 18) 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. APPLICABLE REGUATIONS • Chapter 20, Article IV, Conditional Uses: Wetland Alteration Permits follow the Conditional Use Permit criteria • Chapter 20, Article VI, Wetland Protection • MN Rules Chapter 8420.0500 through 8420.0526 PROPOSAL SUMMARY The Carver County Public Works Department is requesting a wetland alteration permit for wetland impacts as a result of the proposed Lyman Boulevard (CSAH 18) Roadway Improvements Phase 3 Project. The proposed project consists of reconstruction of Lyman Boulevard (CSAH 18) between Audubon Road (CSAH 15) and Powers Boulevard (CSAH 17) within the City of Chanhassen. The Carver County Public Works Department is proposing to improve the existing roadway by accommodating capacity and safety improvements to the roadway and its condition including access management and a multi -use pedestrian/bicycle trail. Construction for the proposed project is expected to begin in April 2014, with substantial completion and cleanup to be in late November 2014. Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 3 of 19 .i N YO N1 COUP PAR ' RUN S06 CRFFN Chanhaven Schml CHASKA Lis nwuRe NAa Gal CLUB [ �d 1 a • � NNrn• 1 p T f J ftw Rol PART h, � �4k ka ka ♦ _+- ..ram .` �. YMY1 ROU PARS WARN 0"1 PAU Peru. IRI PA , -y a Inge )� PalY C#ilS WUPARASMFN a: � -' t Location NARORrf NARIM aSMI NBONIS► COOYFi cOSRSIOWN MAR ~ CHANHASSEN muffCKUQW COIMY �ProjeCt LocatlOn Lral Stream ,'t- Project Location CSAH 18 (Lyman Blvd) Reconstruction from CSAH 15 to CSAH 17 Carver County, Minnesota Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 4 of 19 In order to accommodate the reconstruction, the applicant is proposing to impact five existing wetlands (W-1 A, W l-B, W-2,W-14, and W-19), as well as Bluff Creek, a Minnesota Department of Natural Resources (DNR) protected watercourse (see Figures 1-3 below). I YOK YMCf�%' 'f lllli Ul®' 013 . Ual[aNL1 FM �� /: PEK 1)Mflvl F1) .tlK I1Bi1 F UIIC. r] G_ C.SA.H. 18 (LYUAN BOULEVARD) 1 � Li I '! I . I: I- I Elu$:MC al11 2 gawm �• -_J w •nKa1�Mt1'11 Y i W.C.P01�1 LEGEND vrtn�x w.n aw o e s.rtn ).miE\ons +�.ouc n •,m if WIN W." son wo nnffv aN 1WETLANDIMPACTS FROM UDUBON ROAD 70 POWERS BOULEVARD F'r'" SA arraa�r. 6P. at"I"131s P-0tadt7L 1 sP. 1NA3OUW s.orr) rIAVER couan /»wms-pans Figure 1. Proposed wetland impacts as indicated in Figure 3A from application Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 5 of 19 LEGEND .evm R/'KR ra vra Ran co uar x� r�!�cvua O � ff -� R1nwo \.3as ----~ CTNO RUROun ❑ y o1er2 DIB.mR MAP W-M IrHM Y19P m-p SNY KIiD MRW� W Y . 1 J tassq R�� �•,' I _H ff , _., a AET MEW ] -� -� RnAc.gpem inn: ; IRS �' Ylf1A01a \ / QIIwC.pCaaNle7 VV MTLANDIMPACTS Rgur*90 CSAH 18 FROM AUDUBON ROAD TO POWERS BOULEVARD o��4R1, t SP. 01a i"W &P.01"Ib MI &P. e1=o09 GAYER COUNfr Rp.,4DNM< Figure 2. Proposed eetland impacts as indicated in Figure 313 from application. This is an updated plan sheet received February 26, 2014 at 12:29PM. This updated plan shoes that wetland 1 A will be impacted in its entirety due to grade changes adjacent to the wetland. The permanent, non -safety related impacts increased from 0.02 acre to 0.14 acre. These changes are reflected in the updated table in Figure 4 of this report. Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 6of19 -f_ I;, LE E i� EA., M".lS IY MMN B1J i �i 0to 'm EnAY1'IS •: � I� ErL.� -15�1�5 E Jr.Ylr - W.Y l.v a0 NI' i10 r O �° O M -------------- ; - E.. 45 MATCH llE INSET A 1 I, Ic! i MATCH LINE INSETA•� CSAH 118 WETLANDIMPACTS ROAD TO POWERS BOULEVARD Figure 3C FROM tiN�.aN14 6 P 01"16010I6D ON 74 016➢. n102"06 a.Yw1 CWWRCOLNIY �vmmn. roaw Figure 3. Proposed �A etland impacts as indicated in Figure 3A from application The proposed wetland impacts resulting from the roadway improvements are divided into two categories: safety -driven impacts (impacts that result from the roadway construction and creation of the stormwater ponds) (.33 acres), and non -safety related impacts (impacts resulting from trail creation and other non -safety roadway improvements including increased capacity) (1.55 acres). Safety -related wetland impacts are eligible to be replaced using credits from the Board of Water and Soil Resources (BWSR) roadway replacement bank. Because the impacts for this portion of the proposed project are eligible for BWSR replacement credits, the required replacement ratio for the roadway and stormwater pond impacts are 2:1. Thus, .66 acres will be withdrawn from the BWSR Road Replacement Bank. The additional 1.55 acres of wetland impact associated with the multi -use recreational trail and non -safety related and increased capacity impacts will be mitigated for using wetland bank credits purchased by the County from account #1392. This wetland bank is located in the same Bank Service Area (BSA 9) and Major Watershed (33- Minnesota) as the proposed project. Therefore, the impacts are required to be mitigated for at a 2:1 ratio, resulting in the purchase of 3.1 acres of wetland credit from bank #1392. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA) Rules (see Figure 4 below). Lyman Boulevard (CSAH Planning Case #2014-05 March 24, 2014 Page 7 of 19 18) Roadway Improvement Project Wetland Alteration Permit Table 2: Summary of Proposed Wellidlid MlUgatlon for Each Wetland Impacl Hahn Project Area - Hand ID SafelI related Rrryured Wigation Non Safett-Related Reglrired Wigafion tVrllard Impacts 12:11 from BWSR Wetldld Impacl% 0:1) torn Private Road Rep fare me rd Dut ade SaW% Wetland Bank Credit Program Improremeuls Purchase facial facrel Idcrel lacrel W. 1,+. 0.00 0 0,:, 1.14 028 Wl-6 0.OF 0.1: - n0 `:rlf-mitigating dttchl� W-2 0.09 0.18 071 142 } 0.05 0-1 0.81 1.62 e 0.00 0.00 0.01 002 Bluff creek 0 13 0 26 000 000 T"tal Safety-Re1ac•.I NonSafety-Related '•a.?tla-a 0.33 acne 0.66 acne 1.07 acme 3.94"ree tr.ho,+ I ±C1r''i (f [his existingwetlend ditch meets the three parameters olwetlands. The proposed roadweylmprovemerlt will re-establish a similar ditch th atwill be re -seeded with an appropriate wetland seed ask. Figure 4. Summary of impacts from application as revised February 26. 2014 including full impact to wetland IA (w-17). Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 8 of 19 It has been discussed whether wetland basin IA will continue to maintain wetland characteristics after the project. The plans call for a cut of up to eight (8) feet at a point north of the wetland boundary. This is approximately four (4) feet below the elevation of the wetland bottom (see Figure 5 below). If it cannot be shown that the remnant portion of this wetland is viable, additional mitigation will be required for the secondary impacts associated with the road. The consulting engineer for Carver County is has evaluatieged this and will has provided a follow- up addendum. This addendum has oet been included in the appendices of this staff report. Fed. Proj. EBLYMAN uFtl av _:_ T Existing 'FFAND 4 EB tnuML Grade wx __..._ INP R✓N Proposed Grade 70 0 - 20 : - Ao 60 fBLYMAN ;ML 216+50.00. _ 1 i 1hp R•w RH f E8 r�ue.� - __ Figure 5. Cross Section at wetland 1A BACKGROUND Carver County is experiencing a high level of population growth, with most of the growth taking place in the central and eastern portions of the county. The cities of Chaska, Chanhassen, Victoria and Waconia are estimated to account for over half of the total county population by 2030. Due to the current and expected future population growth, congestion in areas of central and eastern Carver Country is expected to rise on county facilities, occurring frequently during peak traffic hours. The Lyman Boulevard (CSAH 18) Roadway Improvements Project was deemed necessary in order to ease projected congestion, improve safety, and address future traffic growth. The need for the project is also identified in the Carver County Transportation Plan (2007). Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 9 of 19 DISCUSSION The Lyman Boulevard (CSAH 18) Roadway Improvements Project involves reconstruction of the segment of Lyman Boulevard (CSAH 18) from approximately 800 feet east of Audubon Road (CSAH 15) to approximately 700 feet east of Powers Boulevard (CSAH 17), within the City of Chanhassen. The proposed project will accommodate capacity and safety improvements by reconstructing the current roadway from a two-lane undivided highway to a four -lane divided highway with medians and designated left turn lanes. The presence of the proposed medians will reduce the potential for head-on vehicle collisions. Additional crash data and safety information can be found in Appendix E and F of the Supplemental Information for the WCAI Corps Joint Permit Application, dated January 13, 2014. Other proposed safety improvements include improving sight lines by flattening grades and relocating dangerous approaches, as well as creating dedicated left turn lanes from eastbound Lyman Boulevard to northbound Audubon Road, an additional left turn lane from northbound Powers Boulevard to westbound Lyman Boulevard to accommodate increased traffic levels resulting from the new Chanhassen High School, and at the reconstructed intersection of Sunset Trail and Lyman Boulevard. A pork chop island is also proposed in the southwest quadrant of the intersection of Lyman Boulevard and Powers Boulevard in order to allow trail users refuge from heavy traffic as they cross Lyman Boulevard. Traffic signals will be push-button actuated for the benefit of pedestrians and trail users trying to cross Lyman Boulevard. The pork chop island will also serve to channelize heavy vehicular traffic turning from eastbound Lyman Boulevard to southbound Powers Boulevard. This channelization and the dedicated right turn lanes will decrease the potential for rear end crashes which result from conflicts between turning traffic and through traffic. Wetlands within the proposed project area were delineated in August of 2007 and approved by the City of Chanhassen. An e-mail chain (2010) appended to the WCA/ Corps Joint Permit Application approved the use of the Wetland Delineation Report, dated August 2007, completed by Barbara Walther of SRF Consulting Group (Appendix D of the WCAI Corps Joint Permit Application, dated October 23, 2012), for the Lyman Boulevard reconstruction. In 2013 the wetland delineation was updated by SRF Consulting Group hic. and Houston Engineering Inc. Both boundary and type application updates were approved. The delineation identified 18 wetland areas within the proposed project areas, as well as Bluff Creek. The original Joint Permit Application was submitted in December of 2012. The current application and supplemental information has been submitted in order to clarify and respond to ongoing discussions since the original submittal. The proposed improvements will result in permanent impacts to five wetlands including a small area peripheral to Bluff Creek, described and shown as follows: Wetlands I and 1B: These wetlands were identified as wetland W-17 in the original SRF report but were re -delineated for a third time by Houston Engineering where they were identified as wetland 1A and 1B. They were found to be historically one wetland basin, and are now separated by a constructed berm. Both are classified as Manage 2 wetlands under the city's wetland classification system. Wetland lA is classified as a Type 3, Shallow Marsh wetland according to Fish and Wildlife Service Circular 39. Wetland 1 B is classified as a Type 2, Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 10 of 19 Fresh (wet) Meadow according to Fish and Wildlife Service Circular 39. Wetland I and I are located immediately south of Lyman Blvd within the right-of-way at 1551 Lyman Boulevard. The proposed permanent impact to Wetland I will be approximately Q 0.14 acre, and the proposed impact to Wetland I B will be approximately .06 acre (see aerial photograph in Figure 6 below). Wetland 2: This wetland was identified as W-15 and W-16 in the original SRF report but became wetland 2 when Houston re -delineated the basin. This wetland is classified as a Manage 2 wetland under the city's wetland classification system. It is classified as wetlands Type 2, Fresh (Wet) Meadow according to Fish and Wildlife Service Circular 39. Wetland 16 is located immediately south of Lyman Boulevard (CSAH 18), and east of Bluff Creek. This wetland is a tributary wetland to Bluff Creek. The predominant vegetation species in the impacted area are Reed canary grass (Phalaris arundinacea), Cattails (Typha angustifolia), and Willow species (Salix spp.). The proposed impact area in this wetland is approximately .8 acres (see aerial photograph in Figure 7 below). Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 11 of 19 Wetland 14: This wetland is classified as a Manage 2 wetland under the city's wetland classification system, and a Type 2, Fresh (wet) Meadow according to Fish and Wildlife Service Circular 39. It is a flow -through wetland, located north and east of the intersection of Audubon Road (CSAH 15) and Lyman Boulevard (CSAH 18), which receives water from, and outlets to, Bluff Creek. The predominant vegetation in the impacted area is Reed Canary Grass (Phalaris arundinacea), green bulrush (Scirpus atrovirens), and Sedge species (Carex spp.). The proposed permanent impact to this wetland will be approximately .94 acres (see aerial photograph in Figure 8 below). 8. Wetland W-14 taken August 9, 2007 facing W by SW (source SRF) Wetland 19: This wetland is classified as a Type 1 L, Seasonally Flooded Basin wetland according to Fish and Wildlife Service Circular 39. It is not classified under the city's wetland classification system. Wetland 19 is located immediately southeast of the intersection of Lyman Boulevard (CSAH 18), and Powers Boulevard (CSAH 17). The predominant vegetation species in the impacted area is Green Ash (Fraxinus pennsylvanica).The proposed impact area to this wetland is approximately .01 acres (see aerial photograph in Figure 9 below). Lyman Boulevard (CSAH 18) Roadway hnprovement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 12 of 19 Bluff Creek: Bluff Creek is a Minnesota Department of Natural Resources Protected Watercourse. The predominant vegetative species in the impacted area is Reed Canary Grass (Phalaris arundinacea). The applicant is proposing .17 acres of permanent impact to Bluff Creek, associated with culvert replacement, grading, and rip -rap to be installed with the culvert. The applicant has obtained the necessary permits and approvals from the Minnesota Department of Natural Resources for the proposed work within Bluff Creek (Department of Natural Resources Public Waters Work Permit 2014-0526 can be found in Appendix D of the Supplemental Information for the WCAI Corps Joint Permit Application, dated January 13, 2014). ALTERNATIVES The Wetland Conservation Act requires the applicant to list at least two alternatives to the proposed project that would avoid or minimize impacts to wetlands or waters; one of which may be "no build" or "do nothing". The applicant then must list and explain why the option described in the application was chosen over these alternatives. The following alternatives were presented in the Joint Notification Application submitted by the applicant: A No -Build alternative would entail making no changes or improvements to the existing roadway, and would result in no impacts to wetlands. Maximum capacity, and the associated safety issues, could be reached within only a few years at the current rate of growth within the vicinity of the proposed project. The traffic forecasted for 2034 indicates 26,500 vehicles per day (vpd) in the project area. This alternative does not feasibly meet the proposed project goals of safety improvement and congestion ease within the corridor. The No -Build alternative does not address the purpose and need for the project. Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 13 of 19 Alternative road alignments were evaluated to determine if impacts to the wetlands and Bluff Creek could be avoided and to identify minimization opportunities. Wetlands to be impacted as a result of the proposed project are located within the right-of-way, near or at the toe -of -slope of the existing roadway. Bluff Creek also flows under the existing Lyman Boulevard (CSAH 18) corridor, thus complete avoidance is not feasible. Trail Alternative The No Build Trail Alternative was considered and rejected because it would not serve to provide continuity in the regional trail system. The location of the trail on the north side of Lyman Boulevard (CSAH 18) was largely driven by the location of the trail segment constructed during Phase 1 of this roadway improvement, also on the north side of Lyman Boulevard. The construction of the new Chanhassen High School in 2009 on the north side of Lyman Boulevard also influenced trail location. 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 also been made by the applicant to minimize the proposed wetland impacts by creating steeper side slopes through the highway sections that are adjacent to wetlands, thereby minimizing the roadway footprint through these areas. The multi -use trail was designed to minimize wetland impacts to the greatest extent practicable without compromising project goals. Stormwater Management Stormwater runoff from the newly created impervious surface associated with the western portion of the project will be treated utilizing the Bluff Creek stormwater pond located immediately southeast of the intersection of Audubon Road (CSAH 15) and Lyman Boulevard (CSAH 18), which was constructed in previous phases of the Lyman Boulevard reconstruction. Runoff in the eastern portion of the project area will connect to an existing stormwater pipe that drains to an existing storm pond east of Powers Boulevard. Therefore, there will be no additional wetland impact due to creation of stormwater management facilities. Wetland Replacement Wetland replacement for this project will be accomplished via a number of methods; restoration for temporary impacts, BWSR roadway replacement bank, and wetland bank credits purchased from wetland bank #1392. The revised replacement plan proposes that .66 acres (.33 ac at a 2:1 ratio) resulting from the roadway safety improvements would be replaced with BWSR roadway replacement credits, and 3.1 acres (1.55 ac at a 2:1 ratio) resulting from non -safety -related wetland impacts be replaced by the County, using wetland bank credits purchased from wetland bank account #1392, located in the same Bank Service Area 9, and Major Watershed 33. Lyman Boulevard (CSAH 18) Roadway hnprovement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 14 of 19 A total of .14 acres of temporary impacts will be made in areas where wetlands are immediately adjacent to the existing roadway toe -of -slope, due to muck removal and soil stabilization. These temporary impacts will be restored to preconstruction conditions by re -grading to original contours, and stabilized with a combination of Types 1, 2, and 3 Rapid Stabilization methods. OTHER AGENCIES The applicant is responsible for obtaining any permits or approvals from the appropriate regulatory agencies and compliance with their conditions of approval. Jul 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 Lyman Boulevard (CSAH 18) Roadway Improvements Project have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to address existing safety deficiencies and to provide for the present and future traffic needs of the area, improving safety and convenience for residents and recreationalists. b. The proposed project will be consistent with the objectives of the city's Comprehensive Plan and the zoning chapter of the City Code. FINDING: The proposal is consistent with the objectives of the city's Comprehensive Plan and City Code. It complies with all city, state and federal requirements. The proposed roadway improvements and trail construction is shown in the City's Future Park & Recreation Initiatives map and are consistent with City and regional trail plans. The roadway improvements and trail construction will improve safety and ease congestion within the project area. c. The proposed project will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. FINDING: The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands through steepening side slopes and use of existing stormwater treatment structures. Currently, the proposed project is located within an area that includes single-family residential neighborhoods, agricultural land, Chanhassen High School and the Bluff Creek Primary Corridor. The proposed project would provide safety improvements for residents, drivers, and recreationalists, as well as providing a connection to existing and future trails and Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 15 of 19 neighborhoods and Chanhassen High School, 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 Parks and Open Space, Mixed Use, Residential Low -Density, Residential Medium -Density, Residential Large -Lot, and Office/Commercial. 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 schools, by providing a safer roadway and pedestrian and non -motorized recreational route. e. The proposed project will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. FINDING: Any changes to drainage structures or additional drainage structures needed as a result of the proposed wetland impacts will be designed and constructed by the applicant's contracted consultant in compliance with city design standards. Proposed roadways will continue to be maintained by Carver County, and trails will continue to be maintained by the City of Chanhassen. Both proposed roadways and trail will be designed and constructed according to city standards. f The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. FINDING: The proposed wetland impacts associated with the Lyman Boulevard (CSAH 18) Roadway Improvement Project will not create excessive need for public facilities and services. The roadway improvements project requires some additional services required by the city associated with trail maintenance. In addition, the proposed roadway improvements project are foreseen as an enhancement to economic community welfare, by providing safety improvements and accessibility for residents and recreationalists to local businesses. g. The proposed project will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. FINDING: The proposed wetland alterations are not expected to be detrimental to any persons, property or the general welfare. Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 16 of 19 h. The proposed project will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. FINDING: The proposed wetland impacts will not create nor interfere with traffic and surrounding public thoroughfares. When completed, the proposed roadway improvements will result in eased congestion, improved sight lines, safer approaches, increased accident reduction potential, and will provide safer conditions for both pedestrian and vehicular traffic. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. FINDING: The proposed wetland impacts associated with the project will have no impact on solar access, natural, scenic or historic features of major significance. j. The proposed project will be aesthetically compatible with the area. FINDING: The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area. In addition, the proposed roadway improvements project will complement the area. k. The proposed project will not depreciate surrounding property values. FINDING: The proposed wetland impacts have been minimized to the greatest extent feasible, while still allowing for the roadway improvements project to occur. The proposed roadway improvements project will create a safer setting and will be an asset to the surrounding properties. 1. The proposed project will meet standards prescribed for certain uses as provided in the City code. 20-410 (b) When a permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. FINDING: The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the ecological and hydrological characteristics of remaining wetland. Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 17 of 19 (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 steepening side slopes and use of existing stormwater treatment facilities. (3) It shall not adversely change water flow. FINDING: The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the hydraulic and hydrological characteristics of remaining wetland. The applicant has obtained the necessary permits from the Minnesota Department of Natural Resources for any necessary work within Bluff Creek. (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. Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 24, 2014 Page 18 of 19 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 wedand. FINDING: The applicant has submitted a replacement plan as part of the Joint Notification Application for Wetland Replacement which was received on December 20, 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 1.88 acres of permanent wetland impact. The applicant, Carver County, is proposing to replace the permanently impacted area resulting from safety -related roadway improvements (.33 acres) using wetland bank credits from the Board of Water and Soil Resources (BWSR) roadway replacement bank, and the impacted area resulting from non -safety -related impacts (1.55 acres) using credits from wetland bank #1392. 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 #2014-05 and WCA Permit Number 2013-01 to impact 1.88 acres of wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase of 1.55 acres of wetland credit from bank #1392 and 0.33 acres from the BWSR Road Replacement Program for the purpose of the reconstruction of the proposed County State Aid Highway (CSAH) 18 (Lyman Boulevard) Roadway Improvements Project, Phase 3; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated January 13, 2014 subject to the following conditions: Lyman Boulevard (CSAH Planning Case #2014-05 March 24, 2014 Page 19 of 19 18) Roadway Improvement Project Wetland Alteration Permit 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. An appeal has been filed on behalf of Mr. Rick Dorsey. This is an appeal of staff decision to deny a request for a No -Loss determination for Wetland 1 A. Any approval of mitigation quantities shall be contingent upon the outcome of this appeal. The county may hold any additional credits and apply those credits to future phases of the Lyman (CSAH 18) reconstruction project. 3. If it is determined that secondary impacts will occur to wetland I as a result of the proposed improvements, these impacts will need to be mitigated for at a 2:1 ratio. 4. 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. 5. 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. 6. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. The applicant must obtain, and the city must have received copy of, an Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts. 8. A signed Landowner Statement and Contractor Responsibility form shall be provided to city prior to commencement of activity. ATTACHMENTS Findings of Fact and Recommendation. 2. Development Review Application. 3. Joint Notification Application for Wetland Replacement, Attachments and Supplements. 4. Public Hearing Notice. 5. Memorandum from SRF dated 2/26/14 — Wetland Permitting Update for Wetland lA 6. Memorandum from MFRA dated 3/4/14 and appurtenant documentation. GAPLAN\2014 Planning Ca \2014-05 Lyman Boulevard WAP CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: The application of Carver County Public Works for a Wetland Alteration Permit for wetland replacement for proposed impacts to five wetlands totaling 1.88 acres, as a part of the proposed Phase 3 of the CSAH 18 (Lyman Boulevard) Roadway Improvements project — Planning Case 2014-05. On March 4, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carver County for a wetland alteration permit to impact five wetlands. The total area proposed to be impacted is 1.88 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, and Planned Unit Development -Residential, and Bluff Creek Primary Corridor. 2. The property is guided in the Land Use Plan for Residential Large -Lot, Residential Medium - Density, Residential Low -Density, Office Industrial, Office Commercial, and Parks and Open Space. 3. The proposed project is located within the CSAH 18 (Lyman Boulevard) corridor between Audubon Road and Powers Boulevard (CSAH 17) 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: 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. The proposed wetland impacts that will occur with the Lyman Boulevard (CSAH 18) 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 andfuture traffic needs of the area, improving safety and convenience for residents and recreationalists. b. The proposed project will be consistent with the objectives of the city's Comprehensive Plan and the zoning chapter of the City Code. The proposal is consistent with the objectives of the citys Comprehensive Plan and City Code. It complies with all city, state andfederal requirements. The proposed roadway improvements and trail construction is shown in the Ciry s Future Park & Recreation Initiatives map and are consistent with City and regional trail plans. The roadway improvements and trail construction will improve safety and ease congestion within the project area. c. The proposed project will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands through steepening side slopes and use of existing stormwater treatment structures. Currently, the proposed project is located within an area that includes single family residential neighborhoods, Agricultural land, Chanhassen High School and the Bluff Creek Primary Corridor. The proposed project would provide safety improvements for residents, drivers, and recreationalists, as well as providing a connection to existing andfuture trails and neighborhoods, as well as Chanhassen High School, 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 Parks and Open Space, Mixed Use, Residential Low - Density, Residential Medium Density, Residential Large -Lot, and Office/Commercial. 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 schools, by providing a safer roadway andpedestrian 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 roadways will continue to be maintained by Carver County, and trails will continue to be maintained by the City of Chanhassen. Both proposed roadways and trail will be designed and constructed according to city standards. f. The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed wetland impacts associated with the Lyman Boulevard (CSAH 18) Roadway Improvement Project will not create excessive need for public facilities and services. The roadway improvements project requires some additional services required by the city associated with trail maintenance. In addition, the proposed roadway improvements project are foreseen as an enhancement to economic community welfare, by providing safety improvements and accessibilityfor 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 eased congestion, improved sight lines, safer approaches, increased accident reduction potential, and will provide safer conditions for both pedestrian and vehicular traffic. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The proposed wetland impacts associated with the project will have no impact on solar access, natural, scenic or historic features of major significance. j. The proposed project will be aesthetically compatible with the area. The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area. In addition, the proposed roadway improvements project will complement the area. k. The proposed project will not depreciate surrounding property values. The proposed wetland impacts have been minimized to the greatest extent feasible, while still allowing for the roadway improvements project to occur. The proposed roadway improvements project will create a safer setting and will be an asset to the surrounding properties. 1. The proposed project will meet standards prescribed for certain uses as provided in the City code. 20-410 (b) When a permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the ecological and hydrological characteristics of remaining wetland. (2) It shall be located as to minimize the impact on vegetation. Efforts have been made by the applicant to minimize the impact on wetlands and vegetation through a variety of measures, which included steepening side slopes and use of existing stormwater treatment facilities. (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. The applicant is in process of obtaining the necessary permits from the Minnesota Department of Natural Resources for any necessary work within Bluff Creek. (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 4 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 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 andfish 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 December 20, 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 YI. (9) Dedicated buffers in accordance with sections 20411. The applicant must comply with the City's Wetland Protection Ordinance. In order to accommodate the reconstruction, the plan proposes impacts to five wetlands totaling 1.88 acres of permanent wetland impact. The applicant, Carver County, is proposing to replace the permanently impacted area resulting from safety -related improvements (.33 acres) using wetland bank credits from the Board of Water and Soil Resources (BWSR) roadway replacement bank, and the impacted area resulting from non -safety -related improvements (1.55 acres) using credits from wetland bank #1392. 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 The Planning Commission recommends that the City Council approve the application of Carver County for a Wetland Alteration Permit for wetland replacement for proposed impacts to five wetlands totaling 1.88 acres, as a part of the proposed Phase 3 of the CSAH 18 (Lyman Boulevard) Roadway Improvements project. ADOPTED by the Chanhassen Planning Commission this 4th day of March 2014. CHANHASSEN PLANNING COMMISSION MV Its Chairman COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 * CITY OFCAANHASSEN APPLICATION FOR DEVELOPMENT REVIEW Date Filed: I / 11 / 201'} 60-Day Review Deadline: _,3Z 192 � 201'i Planner: Y� r 7� li'.rv(T,L Case lt: ZOH -O S Section•• • ••apply) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Subdivision ❑ Minor MUSA line for failing on -site sewers..... $100 ❑ Conditional Use Permit ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Grading z 1,000 cubic yards ........................... UBC ❑ Rezoning ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review ................................................... $150 ❑ Site Plan Review ❑ Administrative.................................................. $100 ❑ Commercial/Industrial Districts*......................$500 Plus $10 per 1,000 square feet of building area Include number of existing employees: and number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit ADDITIONAL REQUIRED FEES: ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat'........................................................$250 'Requires additional $450 escrow for attorney costs. Escrow will be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way................... $300 (Additional recording fees may apply) ❑ Variance ............................................................... $200 ❑� Wetland Alteration Permit ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Notification Sign ................................................... $200 TOTAL FEES: $ (City to install and remove) ❑ Property Owners' List within 500......... $3 per address Received from: (City to generate -fee determined at pre -application meeting) ❑ Escrow for Recording Documents.. $50 per document Date Received: Check Number: (CUP/SPRNACNAR/WAP/Metes & Bounds Subdivision) Section 2: Required Information Project Name: Lyman Boulevard Roadway Improvements Project, Phase 3 Property Address or Location: Lyman Boulevard (CSAH 16) from Powers Blvd to Audubon Road North Parcel #: Total Acreage: Legal Description: Wetlands Present? ® Yes ❑ No Present Zoning: Agdoukuml E:rare, PuuR, and awn Creek Primary comdor Requested Zoning: No Change Present Land Use Designation: Requested Land Use Designation: No Change Existing Use of Property: pDr� tvm'QFLro6nMR✓L-� 1p�p oPruF/(eMME�Llp1� Description of Proposal: Attached. ❑� Check box if separate narrative is attached APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Lyndon Robjent, P.E., Carver County Public Works Department Contact: Lyndon Robjent Address: 11360 Hwy 212, Suite 1 Phone: (952) 466-5200 City/State/Zip: Cologne, MN 55322 Cell: Email: CarverCountyPW@co.carver.mn.us Fax: Signature: Date: 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, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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. PROJECT ENGINEER (if applicable) Name: SRF Consulting Group, Inc. Contact: Address: One Carlson Parkway North, Suite 150 Phone: City/State/Zip: Minneapolis, MN 55447 Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: 0 Property Owner Via: ❑� Email ❑ Mailed Paper Copy Name: Z Applicant Via: [D Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: ILI N I DFStIGNFRS Consulting Group, Inc. To: Terrance Jeffery, Water Resources Coordinator City of Chanhassen From: Matthew Meyer, Senior Environmental Scientist Nathen Will, Senior Associate Date: January 13, 2014 Subject: CSAH 18 (Lyman Boulevard) Phase 3 Wetland Permitting Introduction Memorandum SRFNo. 0076098 3040 This memorandum transmits updated information and attachments to replace the previous Wetland Conservation Act (WCA)/U.S. Army Corps of Engineers (COE) Joint Permit Applications for the CSA14 18 (Lyman Boulevard) Phase 3 project Appendix A (attached) contains an amended WCA/COE joint permit fort with updated information resulting from delineation and design revisions, as well as incorporated Technical Evaluation Panel (FEP) comments from previous submittal efforts (December 2012). CSAH 18 Wetland Delineation Approvals Wetland delineations used for this permit application — Phase 3 portion of the CSAH 18 (Lyman Boulevard) roadway improvements between Audubon Road (North) and CSAH 17 (Powers Boulevard) — were updated by SRF Consulting Group, Inc. and Houston Engineering Inc. in 2013. The Minnesota Wetland Conservation Act (WCA) Notice of Decision for Boundary and Type are located in Appendix B. CSAH 18 WCA/COE Permit Submittal Update Permit Status Update Carver County Public Works previously submitted the Minnesota Local/State/Federal Application Forms for Water/Wetland Project Qoint Permit) in December 2012. Since that submittal, there have been ongoing discussions and coordination with the TEP regarding updates to the Wetland Delineation Reports, jurisdiction of wetlands and use of BWSR safety credits. This WCA/COE joint pemvt application (Appendix A) and supplemental information is intended to clarify information in response to TEP comments and to group all previous submittals into one document for processing. www.srfconsulting.com One Carlson Parkway North, Suite 150 I Minneapolis, MN SS447-4aA 1 763.975.0010 Fax: 763A752429 An Equal Opportunity Employer Terrance Jeffery City of Chanhassen Permit Submittal January 13, 2014 Page 2 On behalf of the Carver County Public Works, we request the WCA LGU to notice the revised WCA/COE permit (Appendix A) and supplemental safety information, including the updated safety information contained in Appendix F to justify use of the BWSR Road Replacement Program, to the members of the TEP including the U.S. Army Corps of Engineers. Appendices List: Appendix A — Minnesota Local/State/Federal Application Form for Water/Wetland Projects (WCA/COE Joint Permit) Appendix B — WCA Boundary/ Type Approvals Appendix C — Figures Appendix D — MnDNR Public Waters Work Permit Appendix E — BWSR Safety Justification Information — January 13, 2013 Information Appendix F — BWSR Safety Justification Information — Follow-up Information Appendix G — CRU and FHWA Letters Appendix H — Draft BWSR Withdrawal Form HAP.�k \6098-P3\EP\®dka*\PAw3 ®dlodPmven6\W*rdDa mA131226_.m ,,p-p rwb\140113_WC4_Cn*.PrnN_n.,�c*Aka Appendix B: WCA Boundary/ Type Approvals Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) Address City of Chanhassen 7700 Market Boulevard, PO Boa 147 Chanhassen MN 55317 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Carver County, William CSAH 18 (Lyman Boulevard) Application Number Weckman, P.E. Roadway Improvements Phase 3 10/31/2013 2013-01 -EFAttach Project #: SP 010-618413 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: November 26, 2013 ® Approved ❑ Approved with conditions (include below) ❑ Denied LGU Findings and Conclusions (attach additional sheets as necessary): SRF Consulting, on behalf of Carver County, has performed a wetland determination and boundary delineation for Lyman Blvd (CSAH 18) within the right of way between Audubon Road North (CSAH 15) and Powers Boulevard (CSAH 17) (Phase 3), within the City of Chanhassen. This report serves as an update to the 2007 Wetland Delineation Report (August 2007). The delineation excludes wetlands 15, 16, and 17, which have been re -delineated by a third party in a separate application. Wetlands W 10 through W 13 were also not assessed in this report. There were three wetland basins re - delineated as part of this report. W-14 has been identified as a Type 2, fresh wet meadow wetland. W- 18 and W-19 have been identified as Type 1 L, seasonally flooded basin wetlands. Based upon our review, the City of Chanhassen, as the LGU responsible for administration of Minnesota R. 8420, concurs with the delineated boundary and types as identified in the 2007 wetland determination and delineation report prepared by SRF Consulting, and the update to the report dated October 2, 2013. The Application for Wetland Boundary and Type was noticed on October 10, 2013. No additional comments were received from the Technical Evaluation Panel members or from the public. This concludes our review. Upon the provision of the electronic representation of the delineated boundaries ('.shp or'.dwg), this delineation will be considered approved. BWSR Forms 11-25-09 Page 1 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 Jeffe WDC Water Resources Coordinator Date Phone Number and E-mail Ll 11/26/2013 952.227.1168 t'effe ci.chanhassen.mn.us THIS D ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. 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: Z 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 Chanhhssen, MN 55317 St. Paul, MN 55155 BWSR Forms 11-25-09 Page 2 of 3 4. LIST OF ADDRESSEES ® SWCD TEP member. Chip Hentges BWSR TEP member: Lynda Peterson LGU TEP member (if different than LGU Contact): DNR TEP member (notice only): John Gleason DNR Regional Office (if different than DNR TEP member) WD or WMO (if applicable): Claire Bleser, Riley -Purgatory -Bluff Creek Watershed District Applicant (notice only) and Landowner (if different): William Weckman, P.E., Carver County Members of the public who requested notice (notice only): Jeff Olson, SRF Consulting Nathen Will, SRF Consulting Corps of Engineers Project Manager (notice only) Melissa Jenny BWSR Wetland Bank Coordinator (wetland bank nlan annlications onlv) 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives, see: www.bwsr.state.mn.us/aboutbwsr/workamas/WCA areas pdf ➢For a list of DNR TEP representatives, see: www.bwsr.state.mn.us/wetlands/wca/DNR TEP contacts.ndf ➢went of Natural Resources Regional Offices: NW Region NE I Central Region: Southem Region Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Eool, Reg. Env. Assess. Ecol. Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources Div. Eool. Resources 2115 Birchmont 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 BemidiL MN 56601 For a map of DNR Administrative Regions, we: hM:Hfiles.dnr.state.mn.us/aboutdnr/dnr reig ons.ndf ➢For a list of Corps of Project Managers, see: www.m-)T.usace.army.mil&mlatory/default.go?paggid=687 or send to: Dept. of the Army, Corps of Engineers, St. Paul District ATIW: 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 ® Update to the 2007 Wetland Delineation Report prepared by SRF Consulting, dated October 2, 2013. BWSR Foams 11-25-09 Page 3 of 3 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) [=arket City of Chanhassen Boulevard, PO Box 147 Chanhassen 11IN 55317 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Carver County, William CSAH 18 (Lyman Boulevard) Application Number Weckman, P.E. Roadway Improvements: 1551 Lyman 11/20/2013 2013-OIB Blvd ROW Project #: SP 010-618-013 Attach site locator map. TM 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: January 2, 2014 ® Approved ❑ Approved with conditions (include below) ❑ Denied LGU Findings and Conclusions (attach additional sheets as necessary): Houston Engineering, Inc., on behalf of Carver County Public Works and Richard Dorsey, has performed a wetland determination and boundary delineation for Lyman Blvd (CSAH 18) at 1551 Lyman Blvd within the Lyman Blvd right of way, within the City of Chanhassen. This review identified and delineated three wetland basins. Wetland I and I have been identified as Type 3, shallow marsh wetlands, and are separated by a berm. Wetland 2 has been identified as a Type 2, fresh (wet) meadow and is indicated on the National Wetland Inventory map as a PEMCd wetland. None of the wetlands are indicated on the Public Waters Inventory map. Based upon our review, the City of Chanhassen, as the LGU responsible for administration of Minnesota R. 8420, concurs with the delineated boundary and types as identified in the report prepared by Houston Engineering, Inc., dated October 21, 2013. This decision ONLY applies to the area within the Right -of -Way of 1551 Lyman Blvd, and only to wetlands 1 A, 1B, and wetland 2, which were identified and delineated in the wetland delineation report dated October 21, 2013. The Application for Wetland Boundary and Type was noticed on November 20, 2013. The Technical Evaluation Panel (TEP) met and reviewed the site in the field on October 25, 2013. A TEP Meeting was held on December 10, 2013, in which Mr. Richard Dorsey (resident) and Ms. Emmy Baskerville of Houston Engineering Inc. were present. The TEP concurred with the Wetland Boundary & Type Application, dated November 20, 2013. The Findings of Fact from that TEP meeting are attached. This concludes our review. Upon the provision of the electronic representation of the delineated boundaries ('.shp or'.dwg), this delineation will be considered approved. BWSR Forms 11-25-09 Page 1 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 newest .01 acre) Replacement Plan Approval Conditions. hi 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 he 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 unon request. Terrance Jeffery, Title Water Resources Coordinator Date Phone Number and E-mail 1/2/2013 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: J2SI Appeal of an LGU staff decision. Send L l 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 Chanhassen, MN 55317 St. Paul, MN 55155 BWSR Forms 11-25-09 Page 2 of 3 4. LIST OF ADDRESSEES ® SWCD TEP member: Chip Hentges BWSR TEP member: Lynda Peterson LGU TEP member (if different than LGU Contact): DNR TEP member (notice only): John Gleason DNR Regional Office (if different than DNR TEP member) WD or WMO (if applicable): Claire Bleser, Riley -Purgatory -Bluff Creek Watershed District Applicant (notice only) and Landowner (if different): William Weckman, P.E., Carver County Members of the public who requested notice (notice only): Emmy Baskerville, Houston Engineering Inc. Richard Dorsey Corps of Engineers Project Manager (notice only) Melissa Jenny BWSR Welland Bank Coordinator (wetland bank nlan anolications onlv) 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives, see: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas ndf ➢For a list of DNR TEP representatives, see: www.bwsr.state.mn.us/wetlands/wca/DNR TEP contacts.odf ➢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 Birchmont 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: htti)://files.dnr.state.mn.us/aboutdnr/dnr regions.odf ➢For a list of Corps of Project Managers, see: www.m3T.usace.gM.mil/repulatory/default asp?paeeid=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 Wedand 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 Houston Engineering Inc., dated October 21, 2013. ® TEP Meeting Findings of Fact, dated 12/10/2013. BW SR Forms 11-25-09 Page 3 of 3 0 :12/1012013 LOU: Cb of Chanhassen County: CgnTr LOU Contact:Tcm Jeff= Project Name/#: 1551 hymen Blvd ROW Phone 11: 651-227-1169 Locationoffroject: 2_ 116N 23W ROW 1551 LymenBtvd Y, 1'e y Sec. Twp. Range LOUBlodc City:Cjgnhassen County: Carver TEP Members (and others) who reviewed project: (Oxek if viewed project site) ® LOU:TcaX Jeffery. Krista Spreiter ® B WSR:Lvnda Peterson ® SWM Ch(o Heidees ❑ DNR (ifappllcable}, Other Wetland Experts present: Melissa Jenn TEP requested by:_ 1. Typo of TEP determination requested (check those that apply): _ Bxemption (WCA Exemption N_� No -Loss X Wetland Boundary and Type Replacement Plan 2. Description of Wetland(s) with proposed impact: s. Welland Type (Circular 39)—(Cowardin)_Wetland Plant Community Type' b. Wetland Sirt — c. Size of Proposed Impact (acres and square feet)_ 3. Have sequencing virements been met? Attach Sequencing Finding of Fact as supporting information, ® Yes No (if no, list why): q. Is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the metropolitan surface water management plat, and metropolitan groundwater management plan, and local comprehensive plan and stoning ordinance? ®Yes ❑ No (ifno, list why): 5. What is the net result of the project on the following wetland functions: Functions De"de Neutral Impro Floodwater Storage __ --- Nutrient Assimilation Sediment Entrapment Groundwater Recharge --. Low Flow Augmentation Aesthetics/Recreation - - ShorelandAnchoring- Wildlife Habitat - - FiaheriesHabitat - --- Rare Plent/Animal Habitat Commercial Uses - -- - 6. For replacement plan or no-bss determinations, are wotland functions maintained at an equal or greater level? ❑ Yes ❑ No (if no, list why) 7. Does Technical Evaluation Panel recommend m royal of the activity proposed in item 1? ®Yes ❑ Yes, with Conditions (f No (f no, list why): 9. List TEP findings to support recommendation in question 7 above. (Please attach document if necessary), The TEP reviewed the silo in the field on 10/25M 13 mud found the site to be consistent with the delineation report dated 10121 /2013. 9. SIGNATURES lyrV mcomoundation is not a consemus, nV with an asterisk arid _xp_lain on du back gfrhis page) SWCD Rapmsentali,m (Cate) # MR[tep wnigiae (Date) LOU Representative (Date) DNR Representative (Tyne) 1 See Welland Plants and Plant Communities of lWanesola and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Winter and Soil Resources, United States Army Corps of Engineers. Page 1 of t 12-10_THP FOF_fype.@Bounduy.docx (Augus(2007) :12110/2013 LOU: City of Chanbassen County: Carver LOU Contact:Terry Jeffery Project Name/#: 1551 Lyman Blvd ROW Phone #: 651-227-1168 Location ofPmject: 23 116N 23W ROW 1551 Lyman Blvd %4 %4 '/4 Sec. Twp. Range Lot/Block City: Chanhassen County: Carve TEP Members (and others) who reviewed project: (chest if viewed project stet) ® LGU.Tem Jeffery. Krista Spreiter ® BWSR:Lynda Peterson ®SWCD: Chip HHentees ❑DNR(if applicable):_ Other Wetland Experts present: Melissa Jenny, ACOE TEP requested by: 1. Type of TEP determination requested (check those that apply): _ Exemption (WCA Exemption #_) No -Loss X Wetland Boundary and Type Replacement Plan 2. Description of Wetland(s) with proposed impact: a. Wetland Type (Circular 39)_ (Cowardin)Wetland Plant Community Type b. Wetland Size — C. Size of Proposed Impact (acres and square feet)_ 3. Have sequencing uirements been met? Attach Sequencing Finding of Fact as supporting information. ® Yes 7 No (if no, list why): 4. Is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the metropolitan surface water management plan and metropolitan groundwater management plan, and local comprehensive plan and zoning ordinance? ®Yes ❑ No (if no, list why): 5. What is the net result of the project on the following wetland functions: Functions Degrade Neutral Impmve Floodwater Storage Nutrient Assimilation Sediment Entrapment Groundwater Recharge Low Flow Augmentation _ Aesthetics/Recreation Shoreland Anchoring Wildlife Habitat _ Fisheries Habitat Rare Plant/Animal Habitat Commercial Uses 6. For replacement plan or no -loss determinations, are wetland functions maintained at an equal or greater level? ❑ Yes ❑ No (if no, list why) 7. Does Technical Evaluation Panel recommend approval of the activity proposed in item I? ® Yes ❑ Yes, with Conditions ❑ No (if no, list why): 8. List TEP findings to support recommendation in question 7 above. (Please attach document if necessary). The TEP ewed the site in the field on 10/25/2013 and found the site to be consistent with the delineation report dated ]0l2l/2013. .9. 1A • S (rf TEP recommendation is not a consensus, note with an asterisk and explain on the back of this page) SWCD epr�a tiv / (Dam) BWSR Represenielwv (Date) LGU KP? AtP9[i#1 �. (Date) DNR Repre. a Mn,, ' See Werland PYnts 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. Pace I of l 12_10_TEP _FOF_Type&Boundary.docx (August 2007) Appendix C: Figures • Figure 1- Project Area Map • Figure 2a - Project Location Map • Figures 3A - 3C Plan Sheets with Wetland Impacts • Figure 4 -Typical Sections - Minimum Build. Safety Only Improvements & Plan Project Area Carver County, MN MINNESOTA WISCONSIN IOWA • 1 HENNEPI ' 1 l� s �• ♦• Cn nlwaen •CARVER • 1� • `� SCOTT ,+ Project Area CSAH 18 (Lyman Blvd) Reconstruction from CSAH 15 to CSAH 17 S.P. 010-618.013 Carver County, Minnesota 1) SAGO LWASHINGTGN ! •yam: IM=1 DAKOTA 0 5 10 ® Miles O Figure 1 RECREATION CENTER> t rrro NHASSEN A RE \r/ ��3[, �?Wns ESEtRV# IA§M LAKE L$USAN .. ,� RKS1 p "" �. LSUNSET PA RIDGE PARK V �y Dr 3 a GaIPa' HerorlDr PRAIRIE hf¢fe p KNOLL PARK �.. BLUFF - 7 `� 6 i CREEK a � J ' L-" I � PRESERVE Fm z / ssen Hlg4 m °R,agir POWER - HILL PARK Chanhassen LAKE SySAN High C PRESERVE School CHANHASSEN Pa w HILLS PARK $� � L aMe HazeLne __ i - ` i I MPe a' c 1' Project Location p BANDIME HEIGHTS NATURAL RESERVE BANDIMEREP COMMUNITY 6 ARK c B md m `1z, CHASKA ` CHANHASSEN s w �m 51 HAZELTINE T' ;, I NAIL g GOLFCLUB S F d r V a o� oD, WOOD P � J ' Q� � i SM1a at -fY,r 0 a aro odvb I y BLUFF / PIONEE a o�couRsEK aF R Project Location PARK -- Trail ez�ca Rhge Ag"L avrbwese '� 1 — Stream /1l� h;awo4 I 0 1,000 2.000 Hesse Farm Re ® Feet O &eq PassN a I Ham, �hf n�_. Project Location Figure 2a CSAH 18 (Lyman Blvd) Reconstrudon from CSAH 15 to CSAH 17 S.P. 010-618.013 Carver County, Minnesota - 'RECREATION CENTER > ` r i J I Ki r n 11 Y I NNASSEN; ATURE ES - , /7r {/ 1�% LAKE �90� I1` ( �SUSAN PARK ;•,i .. STONE) - - rJ ✓ I �F•+ 7 �, •b`.r� _ _ _ �. CREEK `���;4--•PARK �. 'r �. Inc l`O 1 .'..- IVY , 17• \ _-_\ BLUFF's earn s CREEK �. ,t' p _d R ni 's' _ - �� a, (� PRESERVE)J in -v F,r ��C -'0- ation Ps -C- - a• d1A9tE Mlly If or 3�.jrolr Q8, { BLUFF r — ��• , CREEK GOLF t �./ n rr .rsery d E - . COURSE a _ see w'ayK" ' Project Location 0 1.000 2,000 I Project Location — USGS CSAH 18 (Lyman Blvd) Reconstruction from CSAH 15 to CSAH 17 SR. 010-618-013 Carver County Minnesota Figure 2b W10 0.00 AC. IMPACT W_11 ( 0.00 AC. IMPACT 1 BLUFF CREEK it J ACT 0.13 AC. W.12 ' 11 0.00 AC. IMPACT %' W W-14 Z 0.05 AC. (SAFETY) J 0.81 AC (NON -SAFETY) S ------- '\ W-09 1.. ` 0.09 AC (TEMP) C.)„ ;; 1 1 0.00 AC. IMPACT / %/ 11 _______Y�� 1\ __ ' !/ W 14 ,A 1 W 14 ---------------- .......... .._..=-. 190 195________________________________________ - ------"-------------2�---"---"----"------------------------ im— Rim 1 -- ------- - _ C.S.A.H. 18 (LYMAN BOULEVARD I',' C, i i 1 ., I���/ EXISTING I WETlAND2 POND / STO R I 0.09 AC. (SAFETY) POND 4/ 0.71 AC. (N _---1 SP-A 0.08 AC. (TEMP) F ' i LEGEND WETLAND IMPACTS FOR BUILD .(S/ SAFEII' ONLY IMPROVEMENTS �!t( [� BLUFF CREEK WETLAND IMPACTS $' WETLAND IMPACTS FOR TRAIL & CAPACITY `�•, ® NON —SAFETY IMPROVEMENTS TEMPORARY WETLAND IMPACTS ` WETLAND BOUNDARY -- PROJECT CONSTRUCTION LIMITS DRAINAGE DIRECTION o Too xoo W-## WERNlD NUMBER e cols Eln In !! SP-## STORM POND NUMBER DIMPACTS 91 �� CSAH 8IFROM AUDUBON ROAD TO POWERS BOULEVARD Figure 3A conwnXg cmup, Im S.P. 010-618.0131 S.P. 010-617-0201 S.P.19"20.009 Son # 6098-P3 CARVER COUNTY 12/30/2013-10'24AM BOULEVARD) INc0 WETLAND 2 (SEE 3A) CD I I !n! nn'-9 --ORBp 310 --— I G L LA 4 o ®d`Ya x r- o WETLAND 1B J 0.06 AC. (SAFETY) WETLAND TA 0.02 AC. (NON -SAFETY) 0.01 AC. (TEMP) SWETMi1V LANDONLY IMPACTSIMPRDJEFORMENfMINIMUMS BUILD 0 BUFF CREEK WETLAND IMPACTS WETLAND IMPACTS FOR TRAIL & CAPACITY ® NON -SAFETY IMPROVEMENTS TEMPORARY WETLAND IMPACTS WETLAND BOUNDARY - - - - - - - PROJECT CONSTRUCTION UMOS DRAINAGE DIRECTION W-## WETLAND NUMBER SP-## STORM POND NUMBER 2 — _3 _c, 74 V 0 loo 200 scale In 1es4 CSETND IMPACTS AH 18 FROM AUDUBON ROAD TO POWERS BOULEVARD Figure 3B Co,rulBly Group, Im S.P. 010-618-0131 S.P. 010-617-020 / S.P. 194 Z2 wg Job 0 6098-P3 CARVER COUNTY 12130I2013 - 10:25AM WETLAND IMPACTS Figure X CSAH 18 FROM AUDUBON ROAD TO POWERS BOULEVARD conaitln{aroupine S.P.010-618-0131S.P.010-617-0201 S.P.194-020-009 Job 9 6OWP3 CARVER COUNTY 12/30/2013-10:25M1 i I i I I I I I I I I I I I I TRAIL W CAPACITY MINIMUM BUILD NON -SAFETY SAFETY IMPROVEMENT IMPROVEMENT WETLAND IMPACTS WETLAND IMPACTS Typical Sections - Minimum Build, Safety Only Improvements & Plan Figure 4 CSAH 18 (Lyman Blvd) Reconstruction from Audubon Road to Powers Blvd S.P. 010-618-01 a / S.P. 010-617-020 r S.P.194-020-009 Carver County, Minnesota Appendix D: MnDNR Public Waters Work Permit 1ltinrresob MINNESOTA DEPARTMENT OF NATURAL RESOURCES .1 Permit Number Public Waters Work Permit 2014-0626 Sraetsm Et Expiration Date: 10/29/2018 Pursuant to Minnesota Statutes, Chapter 103G, and on the basis of statements and information contained in the Permit application, letters, maps, and plans submitted by the applicant and other supporting data, all of which are made part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform actions as authorized below. Project Name: County: Watershed: rce: CSAH 18 (Lyman Boulevard) Carver Lower Minnesota River TStaram,/River.Bluff Creek -014) Purpose of Permit: Authorized Action: Culvert Construction/Modification/Replacement Reconstruct culvert according to Plans received and the Conditions of this permit. Perrnittee: Authorized Agent: CARVER COUNTY PUBLIC WORKS - SRF CONSULTING GROUP INC CONTACT: LYNDON ROBJENT CONTACT- NATHAN WILL 11360 HIGHWAY 212 ONE CARLSON PARKWAY NORTH SUITE 1 - SUITE 150 - - COLOGNE, MN 55322. MINNEAPOLIS, MN 55447-4443 (952) 466-5200 (763) 4713-001 Property Description (land owned orJeased or where work wiff be conducted): UTM Zone 15N: Eastirg: 455363, Northing:4965443, - NESE of Sec. 22, T116N, R23W, SENEaf.Sec. 22, T116N, R23W Authorized Issuer: Title: Issued Date: Effective Date: Expiration Date: John Gleason Area Hydrologist 10292013 -- /0292013 10292018 - This permit is granted subject to the following CONDITIONS: APPLICABLE FEDERAL, STATE, OR LOCAL REGULATIONS: The permittee is not released from any rules, regulations, requirements, or standards of any applicable federal, state, or local agencies; including, but not limited to, the U.S. Army Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency, watershed districts, water management organizations, county, city and township zoning. NOT ASSIGNABLE: This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources. NO CHANGES: The permittee shall make no changes, without written permission or amendment previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder. SITE ACCESS: The permittee shall grant access to the she at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. TERMINATION: This permit may be terminated by the Commissioner of Natural Resources at any time deemed necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for violation of any of the conditions or applicable laws, unless otherwise provided in the permh. COMPLETION DATE Construction work authorized under this permit shall be completed on or before the date specified above. The permittee may request an extension of the time to complete the project, stating the reason thereof, upon written request to the Commissioner of Natural Resources. (MPARS reviskm 10107,t2DIS, Pema rsstwxx ID 10eM printed ?012s2013) :;ONorr"ON3 Mrtmuec cr. nett Pam._ CONDITIONS (Continued from previous page) WRITTEN CONSENT: In all cases where the permittee by performing the work authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights, and interests needed for the work. PERMISSIVE ONLY / NO LIABILITY: This permit is permissive only. No liability shall be imposed by the State of Minnesota or any of its officers, agents or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable conditions. EXTENSION OF PUBLIC WATERS: Any extension of the surface of public waters from work authorized by this permit shall become public waters and left open and unobstructed for use by the public. WETLAND CONSERVATION ACT- Where the work authorized by this permit involves the draining or filling of wetlands not subject to DNR regulations, the permittee shall not initiate any work under this permit until the permittee has obtained official approval from the responsible local government unit as required by the Minnesota Wetiand Conservation Act. CONTRACTOR RESPONSIBILITY: The permittee shall ensure the contractor has received and thoroughly understands all provisions of this permit. Contractors must obtain a signed statement from the property owner stating that permits required for work have been obtained or that a permit is not required, and mail a copy of the statement to the regional DNR Enforcement office where the proposed work is located. The Landowner Statement and Contractor Responsibility form can be found at: hftp:Nwww.bwsr.state.mn.us/wetlands/wcarmdex.htmMtgeneral. INVASIVE SPECIES - EQUIPMENT DECONTAMINATION: All equipment intended for use at a project site must be free of prohibited invasive species and aquatic plants prior to being transported into or within the state and placed into state waters. All equipment used in designated infested waters, shall be inspected by the Permittee or their authorized agent and adequately decontaminated prior to being transported from the worksite. The DNR is available to train inspectors and/or assist in these inspections. For more information refer to the "Best Practices for Preventing the Spread of Aquatic Invasive Species' at http:]/files.dnr.state.mn.us/publications/ewrrinvasives/ais/bestyractices_for_prevention_ais.pdf. Contact your regional Invasive Species Specialist for assistance at www.mndnr.govrinvasives/oontacts.html. A list of designated infested waters is available at http://Mes.dnr.state.mn.uslecofinvasivesrinfested_waters.pdf. A list of prohibited invasive species is available at www.mndnr.gov/eoDrinvaswesAaws.html#prohibhed. EROSION AND SEDIMENT CONTROL: In all cases, methods that have been determined to be the most effective and practical means of preventing or reducing sediment from leaving the worksite shall be installed in areas that slope to the water and on worksite areas that have the potential for direct discharge due to pumping or draining of areas from within the worksite (e.g., coffer dams, temporary ponds, storrmvater inlets). These methods, such as mulches, erosion control blankets, temporary coverings, sit fence, silt curtains or barriers, vegetation preservation, redundant methods, isolation of flow, or other engineering practices, shall be installed concurrently or within 24 hours after the start of the project, and will be maintained for the duration of the project in order to prevent sediment from leaving the worksite. DNR requirements may be waived in writing by the authorized DNR staff based on site conditions, expected weather conditions, or project completion timelines. FISHERY PROTECTION - EXCLUSION DATES: No activity affecting the bed of the protected water may be conducted between April 15 and June 15, to minimize impacts on fish spawning and migration. If work during this time is essential, it shall be done only upon written approval of the Area Fisheries Manager. See contact list at: http://files.dnr.state.mn.uslfisheries/management/dnr_fishedes_managers.pdf. Should work begin elsewhere in the project area within these dates, all exposed soils that are within 200 feet of Public Waters and drain to those waters must complete erosion control measures within 24 hours of its disturbance to prevent sediment from entering Public Waters. MAINTENANCE: Maintenance of this project to originally authorized conditions may be authorized by amendment to this permit. Page 2 - Femtt Number 20i'- 52= WNO:; rONS aWnuea en wrt page._. cc: Moline, Paul Thephong Le, Conservation Officer, Mound Terry Jeffery, City of Chanhassen Brooke Haworth, DNR Regional Environmental Assessment Ecologist, Region 3 Diana Regenscheid, DNR Wildlife, South Metro Daryl Ellison, DNR Fisheries, West Metro Area Claire Bleser, Watershed District, RILEY PURGATORY BLUFF CREEK WD Melissa Jenny, Corps of Engineers, Carver Mike Wanous, SWCD, Carver SWCD Page 3 - Perrnk. Number 2014-0.26 Appendix E: BWSR Safety Justification Information • January 14, 2013 Safety Information Supplemental information for the WCA/ Corps Joint Permit Application Lyman Boulevard (CSAH 18) - Phase 3 January 14, 2013 Safety Discussion According to the MnDOT°S crash data from January 1, 2005 through December 31, 2007 and locally -collected data, there have been a total of 55 crashes on CSAH 18 within the project area. These crashes include 15 personal injury crashes and 40 property damage crashes. According to MnDOT's crash data from January 1, 2007 through December 31, 2011 and locally -collected data, there have been a total of 42 crashes on CSAH 18 within the project area. These crashes include 14 personal injury crashes and 28 property damage crashes. Thus, a total of 97 crashes have occurred on the subject road improvement between January 1, 2005 and December 31, 2011. Additional crash data are appended to this supplement and demonstrate that the crash rate in the subject road improvement is considerably higher than similar roadway in the Twin Cities Metropolitan Area. See Attachment Mn addition, unsafe conditions for pedestrians result from the lack of a pedestrian facility along CSAH which has a 50-mph speed limit and high traffic volumes along the corridor. Existing (2010) traffic volumes along CSAH 18 in the project area are approximately 8,800 vehicles per day (vpd). Future (2030) traffic volumes are forecast to be approximately 23,000 vpd (Lyman Boulevard Phase III Traffic Analysis Update, SRF Consulting, dated January 12, 2012). This includes traffic generated from the new Chanhassen High School. Traffic operations were analyzed for existing (2010) conditions and for future forecast No Build conditions (2030). Capacity analysis (level of service (LOS)) was used to examine the operational characteristics for key intersections within the project area LOS is a relative comparison of the ability of an intersection to function and accommodate traffic flow. The LOS of an intersection is generally presented as a rating from A through F, with A having the least delays and F having substantial delays. In the metropolitan area, an intersection with an LOS of D or better is considered to be operating at an acceptable level. Congestion results in safety issues. The following text describes safety improvements along the proposed Phase 3 reconstruction Lyman Boulevard (CSAH 18). In general the roadway will be reconstructed from a 2-lane undivided highway to a 4-lane divided highway with medians. The presence of the proposed medians will reduce the potential for head-on vehicle collisions. Audubon Road (north) and Lyman Boulevard (CSAH 18) Currently, eastbound traffic on Lyman Boulevard waiting to turn left onto northbound Audubon Road stacks up, forming a queue that blocks the left turn bypass lane. Thus, motorists who wish to travel past Audubon Road are often caught in the left turn queue and tend to make abrupt turns into the through lane leading to rear -end or side swipe crashes. The proposed dedicated left turn lanes from eastbound Lyman Boulevard to northbound Audubon Road allow turning traffic to seek refuge without interfering with eastbound through traffic, thus reducing the potential for crashes. Eastbound traffic on Lyman Boulevard turning north onto Audubon Road can use the median width and the westbound dedicated left turn lanes as refuge as drivers gauge gaps in the westbound traffic before they traverse the westbound through lanes to complete their turn. Powers Boulevard (CSAH 17) and Lyman Boulevard (CSAH 18) The regional recreational trail runs alongside the west side of Powers Boulevard where it crosses Lyman Boulevard (CSAH 18). A porkchop island will be constructed in the southwest quadrant of this intersection in order to allow trail users refuge from heavy traffic as they cross Lyman Boulevard. Traffic signals will be push button actuated for the benefit of pedestrians and trail users trying to cross Lyman Boulevard. The porkchop island will also serve to channelize heavy vehicular traffic turning from eastbound Lyman Boulevard to southbound Powers Boulevard. This channelization and dedicated right turn lanes will decrease the potential for rear -end crashes which result from conflicts between turning traffic and through traffic. An additional left turn lane from north bound Powers Boulevard to westbound Lyman Boulevard is proposed because heavy left turning traffic at this intersection tends to stack an unacceptable distance south on Powers Boulevard. This long queue interferes with the north bound through lanes on Powers Boulevard and tends to increase the potential for rear -end crashes. The heavy traffic needing to turn from northbound Powers Boulevard to westbound Lyman Boulevard is partly the result of the new Chanhassen High School built in 2009. Sunset Trail and Lyman Boulevard (CSAH 18) The intersection of Sunset Trail and Lyman Boulevard (CSAH 18) is at the top of a relatively steep hill. Thus, vertical sight lines are dangerous and there is a high potential for side -impact crashes as vehicles enter CSAH 18 from a current driveway. This driveway will be relocated to a side street and the approach grades on CSAH 18 will be flattened to increase the vertical sight distance and reduce the potential for side impact crashes. The reconstruction of this intersection will have dedicated left turn lanes on CSAH 18. This will greatly reduce the potential for rear -end crashes resulting from conflicts between turning traffic and through traffic. Trail Alternatives The No Build Trail Alternative was considered and rejected because it would not serve to provide continuity in the regional trail system. The location of the trail on the north side of LymanBoulevard (CSAH 18) was largely driven by the location of the trail segment constructed during Phase 1 of this roadway improvement — also on the north side of Lyman Boulevard. The construction of the new Chanhassen High School in 2009 on the north side of Lyman Boulevard also was a driver for trail location. Attachment 1 - Crash Data for Intersection of Lyman Boulevard and Audubon Road WCrash Type Summary r L Lyman Blvd Crash Analysis 2007-2011 I II Report Version 1.0 March 2010 Analysis Years: 2007, 2008, 2009, 2010, 2011 Crash Summary: Number of Vehicles Surface Condition Summary: 1 2 3i K - Fatal 0 0 0 0 A - Incapacitating 0 0 0 0 B - Non -Incapacitating 5 0 4 1 C- Possible 4 1 7 1 N- Property Damage 28 4 21 _ X- Not Reported 0 0 0 0 Miscoded 0 0 4 Total 5 32 _ 01 - Dry 33 02 - Wet 2 03-Snow 3 04-Slush 0 05-IcelPacked Snow 4 Other 0 Unknown/Not Specified 0 Miscoded 0 Diagram Summary: 02 - Sideswipe - Same Dir 1 03 - Left Turn 4 04 - Ran Off Road - Left Side 0 05 - Right Angle 3 06 -Right Turn 0 07 - Ran Off Road - Right Side 2 08 - Head On 6 09 - Sideswipe - Opposing Dir 0 Other 21 Unknown/Not Stated 0 Miscoded 0 Total 42 Accident Type Summary 01 - Motor Vehicle in Transport 36 02 - Parked Vehicle 1 03-04 - Road Equipment 0 05-Train 0 06 - Bike 0 07 - Pedestrian 0 08-09 - DeerlAnimal 2 10-14 - Other/Unknown Collision 1 21-42 - Fixed Object 2 51 -Overturn 0 52.65 - Other Non -Collision 0 Other 0 Unknown/Not Stated 0 Miscoded 0 Total 42 Selection Filter: Total 42 Intersection Relation Summary: 01 - Not at Intersection 9 02 - T Intersection 6 03 - Y Intersection 0 04 - 4 Legged Intersection 15 05 - 5 or more Leg Intersection 1 06 - RoundaboutfTraffic Circle 0 07 - Intersection Related 7 08 - Alley or Driveway 0 09 - School Crossing 0 10 - RR Crossing 0 11 -Recreational Crossing 0 20 -22 - Interchange 0 Other 0 Unknown/Not Stated 4 Miscoded 0 Total 42 Light Condition Summary: 01 - Daylight 3, 02 - Before Sunrise 3 03 - After Sunset 0 04 - Dark (Street Lights On) 5 05 - Dark (Street Lights Off) 0 06 - Dark (No Street Lights) 1 07 - Dark (Unknown Lighting) 1 Other 0 Unknown/Not Stated 0 Miscoded 0 Total 42 WORK AREA: COUNTY_CODE('10'7 -FILTER CRASH_YEAR('2007','2008,'2009."2010'.'2011') -SPATIAL FILTER APPLIED Analyst: Notes: Jeff Bednar 01,1412013 MnCMAT 1.0.0 Page 1 of 1 WDriver and Time Summary AL Lyman Blvd Crash Analysis 2007-2011 Report Version 1.0 March 2010 Crash Time of Day Summary From 00.00 02 00 U 00 06 00 08 00 10'00 12'00 14:00 16'00 16:00 20:00 22.00 To 01:59 0:59 05:59 07,59 09:59 11'59 13'59 15:59 17:59 19:59 21.59 23,59 NR Total % SUN 0 0 0 0 0 2 0 0 0 0 0 0 0 2 4.8 MON 0 0 1 1 2 2 1 1 1 0 0 0 0 9 21.4 TUES Cl 0 0 4 2 0 1 5 0 0 0 0 0 12 28.6 WED 0 0 1 1 1 1 0 2 1 0 1 0 0 8 19 THU 0 0 0 0 0 0 0 0 1 1 0 1 0 3 7.1 FRI 0 0 0 1 1 0 0 3 0 0 0 0 0 5 11.9 SAT 0 0 1 0 0 1 0 0 0 0 1 0 0 3 7.1 NV 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 3 7 6 6 2 11 3 1 2 1 0 42 100 % 0 7.1 16.7 L4.3 14.3 4.? 26.2 7,1 2.4 4.8 2.4 0 100 100 Driver Age/Gender Summary Driver Condition Summary Total % 01 - Normal - No Drugs or Drinking 02 - Under the Influence 03 - Had Been Drinking 04 - Commercial Driver Over .04 BAC 05 - Had Been Taking Drugs O6-Aggressive 07-Asleep 08 - Physical Disability 09 - Illness Not Specified Other Not Applicable Unknown Miscoded 38 0 0 0 0 0 0 0 0 4 0 0 0 0 90.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 9.5 0.0 0.0 0.0 0.0 Age M F NR IAC Total % < 14 14 15 16 17 18 19 20 21-24 25-29 30-34 35-39 40-44 0 0 2 1 0 0 0 4 2 0 2 3 0 0 0 4 2 1 0 0 3 0 0 3 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 3 1 0 0 7 2 0 5 4 0 0 0 14.3 7.1 2.4 0 0 16.7 4.8 0 11.9 9.5 1 Total 42 100 45-49 3 2 0 0 5 11.9 50-54 2 3 0 0 5 11.9 55-59 1 1 0 0 2 4.8 Location First Harmful Event Summary Total % 60-64 65-69 70-74 75-79 80-84 85-89 90-94 95t NR MC 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 4.8 0 0 0 0 0 0 0 0 0 01 - On the Roadway (Alley, Drive, etc.) 02 - Off the Roadway, On the Shoulder 03 - Off the Roadway, On the Median 04 - Of the Roadway, On the Roadside 05 - Off the Roadway, On the Separator 06 - Parking Lot 07 - Private Property 08-Outside Right -Of -Way Not Specified Other Unknown Miscoded `11 2 0 0 0 0 0 _I 4 0 0 0 85.7 4.8 0.0 0.0 0.0 0.0 0.0 0.0 9.5 0.0 0.0 0.0 Total % 20 _-.6 52.4 22 0 0 0 0 42 100 1r _. Total 42 100 Selection Filter: WORK AREA: COUNTY_CODE('10') - FILTER: CRASH _YEAR('2007" 2008" 2009"2010,'2011') -SPATIAL FILTER APPLIED Analyst: Notes: Jeff Bednar 01/1412013 MnCMAT 1.0.0 Page 1 of 1 LYMAN BLVD CORRIDOR (Audubon Rd to Powers Blvd) CRASH ANALYSIS Table 1: Summary of Segment Crashes on LYMAN BLVD (Audubon Rd to Powers Blvd) Input Analysis Period (in years) Input # of Fatal Crashes on Segment Input # of 'A' Severity Crashes on Segment Input # of 'B' Severity Crashes on Segment Input # of 'C' Severity Crashes on Segment Input # of Property Damage Crashes on Segment Segment Length in miles Input Segment Average Daily Traffic Volume* 5 Crash Data from MnCMAT 0 2007 through 2011 0 5 9 28 Total Segment Crashes = 42 0.6 8,800 Based on 2010 Mn/DOT Traffic Volume Maps `Average number of vehicles traveling the segment can be calculated by multiplying the ADTs for each of the sub segments by the percent of total segment length and then summing the sub segment products. Table 2: Comparison of Lyman Blvd Segment Crash Rates with Mn/DOT Metro District Crash Rates for Rural 2-Lane Segments Lyman Blvd Corridor Segment Crash Rate Data Mn/DOT Crash Rates Metro Rural 2-1-ane* Segment Crash Rate = 4.36 crashes per million vehicle miles 0.80* (1.33)** Segment Severity Rate = 6.33 1.20* Segment Crash Density = 14.00 crashes per mile per year 4.40* Segment Crash Cost" = $232,734 per mile per year The Mn/DOT Metro District average crash and severity rates and crash density are based on the 2007-2011 Average Crash Rates for Rural 2-Lane roadways in the Metro District crash rate data. •' The Crash Rate shown in parentheses is the (Critical Crash Rate) based on and calculated using the related average crash rate. The critical crash rate provides a statistically relevant crash rate benchmark. ^ Note that crash cost is based on the following costs by crash severity: F: $560,000, A: $280,000, B: $61,000, C: $30.000. PD: $4.400 The value used for fatal crashes in the crash cost is 2 times the value of an 'A' severity crash. See HES documentation for information on when it may be appropriate to use full cost for a fatal crash of $3,600,000. Conclusions: 1. The crash rate for the Lyman Blvd Segment is above the average crash rate and above the critical crash rate based on the Mn/DOT Metro District average crash rates for similar segments. 2. Segments with crash rates above the critical crash rate are considered to be in need of further safety review since there is a high probability (95%) that roadway conditions along the segment are contributing to the crashes and the crashes are not occurring by chance circumstance. 3. The severity rate and crash density for the Lyman Blvd Segment are above the Mn/DOT Metro District average severity rate and crash density for similar segments. Crash Detail Report IAAI CSAH 18 & Audubon Rd So County:Carver City:CHANHASSEN Severity: PROPERTY DAMAGE - NO Roadway Type:2 LANES--1 EACH WAY Type of Crash:OTHER TYPE OF COLLISION Surface Conditions: WET Light COndnions:DARK - STREET LIGHTS ON Weather Cond 1:RAIN Weather Cond 2:RAIN Number of Vehicles:02 Sys: 04 Rorde:10000018 (004+00.791) First Hannul Event:ON THE ROADWAY (ALLEY, Relation to JunctionT-INTERSECTION Traffic Cont. DeviceTRAFFIC SIGNALS Speed Urnit50 Diagram Location:REAR END Investigating Of icer.SHERIFF Reliability of Info:CONFI DENT Intl Trav Dif: EAST EAST - Veh Action: - - Configuration: PASSENGER CAR SPORT UTILITY VEHICLE - Driver Age. 017 031 Driver Gender: F M Driver Cond: NORMAL - NO DRUGS OR NORMAL - NO DRUGS OR - DrivrContr1:FOLLOWING TOO CLOSELY NO CLEAR CONTRIBUTING Drivr Cofttr2: DRIVER INATTENTION OR NO CLEAR CONTRIBUTING - 43550166 10/23/2004 0241 County:Carver CRy:CHANHASSEN Severity: PROPERTY DAMAGE - NO Roadway Type:2 LANES--1 EACH WAY Type of Crash: OVERTURN / ROLLOVER Surface Conditions:WET Light Conditions:DARK - NO STREET LIGHTS Weather Cond 1:CLOUDY Weather Cond 2:RAIN Number of Vehicles: 01 Init Trav Dir: NORTH - Veh AC60n: VEHICLE - GOING STRAIGHT - Configuration: PASSENGER CAR - Driver Age: 024 Driver Gender: M Driver Cond: NORMAL - NO DRUGS OR - Drivr Contr 1: OTHER - Drivr Con tr 2: CHEMICAL IMPAIRMENT - Sys: 04 Route:10000018 (004+00.791) First Harmul EventOFF THE ROADWAY ON THE Relation to Junctiori AT INTERSECTION OR Traffic Cont. DeviceNOT APPLICABLE Speed Limit:45 Diagram Location:RAN OFF ROAD --RIGHT SIDE Investigating Officer:SHERIFF Reliability of Info:BEST GUESS 8/10/2007 Mapping Analysis Tool 3.7.0 Page: 1 of 5 Crash Detail Report (� CSAH 18 & Audubon Rd So IRRR COWdy:Cacver City:CHANHASSEN Severity: PROPERTY DAMAGE - NO Roadway Type:2 LANES --I EACH WAY Type of Crash:COLLISION WITH MOTOR VEHICLE Surface Conditions: DRY Light Conditions:DARK - STREET LIGHTS ON Weather Cond 1:CLEAR Weather Cond 2:NOT SPECIFIED Number of Vehicles: 02 Sys: 04 Ro11te:10000018 (004+00.791) First Harmul EventON THE ROADWAY (ALLEY, Relation to Ju nctionT-INTERSECTION Traffic Cont. DeviceTRAFFIC SIGNALS Speed Limit50 Diagram LOcation:REAR END Investigating Officer:SHERIFF Reliability of Info:CONFIDENT InItTrav Dir: NORTHEAST NORTHEAST - Veh Action: VEHICLE - MAKING RIGHT VEHICLE - MAKING RIGHT - Conflguration: PICKUP PASSENGER CAR - Driver Age: 040 040 Driver Gender: M F Driver Cond: NORMAL - NO DRUGS OR NORMAL - NO DRUGS OR - DrivrContrl:FOLLOWING TOO CLOSELY NO CLEAR CONTRIBUTING Drivr Contr2: DRIVER INATTENTION OR NOT SPECIFIED - County:Carver City:CHANHASSEN Severity: PROPERTY DAMAGE - NO Roadway Type:2 LANES--1 EACH WAY Type of Crash:COLLI SION WITH DEER Surface Conditions: DRY Light Conditions: DARK - UNKNOWN LIGHTING Weather Cond is CLEAR Weather Cond 2:NOT SPECIFIED Number of Vehicles: 01 Init Trav Din EAST - Veh ActiOn-VEHICLE - GOING STRAIGHT - Contiguration:PICKUP - Driver Ages. 052 Driver Gender:! M Driver Cond:l NORMAL - NO DRUGS OR - DrivrContr1:INO CLEAR CONTRIBUTING - DrivrContr2:'NOT SPECIFIED - Sys: 04 Route:10000018 (004+00.791) First Harmul EventON THE ROADWAY (ALLEY, Relation to JunCtiMNOT AT INTERSECTION OR Tragic Cont. DeviCeNOT APPLICABLE Speed Limit 50 Diagram Location:OTHER Investigating Offic&CSHERIFF Reliability of InfO:CONFI DENT 8/10/2007 Mapping Analysis Tool 3.7.0 Page: 2 of 5 Crash Detail Report Iasi CSAH 18 & Audubon Rd So County:Carver City:CHANHASSEN Severity: PROPERTY DAMAGE - NO ROadWay Type:2 LANES--1 EACH WAY Type of Cfash:COLLI SION WITH MOTOR VEHICLE Surface Conditions: DRY Light Conditions: DAYLIGHT Weather Cond 1:CLEAR Weather Cond 2:NOT SPECIFIED Number of Vehides:02 Init Trav Dir: SOUTHWEST Veh Action: VEHICLE - MAKING LEFT Configuration: SPORT UTILITY VEHICLE Driver Age • 058 Driver Gender: M Driver Cond: NORMAL - NO DRUGS OR Drivr Conte 1: IMPROPER TURN Drivr Contf2:NOT SPECIFIED Sys: 04 Route:10000018 (004+00.791) First Marmui Event:ON THE ROADWAY (ALLEY, Relation to Junction:INTERSECTION-RELATED Traffic Cont. DeviceNOT SPECIFIED Speed Limit:45 Diagram Location:RIGHT TURN Investigating Officer:SHERIFF Reliability of Info:CONFIDENT SOUTHWEST VEHICLE - MAKING RIGHT PASSENGER CAR 049 M NORMAL - NO DRUGS OR NO CLEAR CONTRIBUTING NOT SPECIFIED 1513903.02 04/22/2005 1050 County:Carver Cfty:CHANHASSEN Severity: PROPERTY DAMAGE - NO Roadway Type:2 LANES --I EACH WAY Type of C rash:COLLI SION WITH MOTOR VEHICLE Surface Conditions: DRY Light Conditions: DAYLIGHT Weather Cond t:CLOUDY Weather Cond 2:NOT SPECIFIED Number of Vehicles:02 Ink Trav DIC SOUTHEAST Veh Action VEHICLE - MAKING LEFT TURN Configuration: TRUCK TRACT. SEMITRAILER Driver Age: 047 Driver Gender:M Driver Cond: NORMAL - NO DRUGS OR Drivr Cony 1: NO CLEAR CONTRIBUTING Drivr Contr2:NOT SPECIFIED Sys: 04 Route:10000018 (004+00.791) First Harmul Event:ON THE ROADWAY (ALLEY, Relation to Junction:INTERSECTION-RELATED Traffic Cont. DeviceSTOP SIGN - OTHER Speed Limit45 Diagram Locatio n:SIDESWIPE -- SAME DIRECTION Investigating Officer:SHERIFF Reliability of Info*CONFIDENT SOUTH - VEHICLE - MAKING U TURN - PASSENGER CAR - 056 F NORMAL - NO DRUGS OR - DRIVER INATTENTION OR NOT SPECIFIED - 8/10/2007 Mapping Analysis Tool 3.7.0 page: 3 of 5 Crash Detail Report LAAI CSAH 18 8 Audubon Rd So COunty:Carver City:CRANHASSEN Severity: PROPERTY DAMAGE - NO Roadway Type: 4-6 LANES UNDIVIDED (2 TO 3 Type of Crash:COLLISION WITH MOTOR VEHICLE Surface Conditions: WET Light Conditions: DAYLIGHT Weather Cond 1:CLOUDY Weather Cond 2:CLOUDY Number of Vehicles:02 Init Tnv Div Veh Action Configuration Driver Age Driver Gender Driver Cond Drivr Contr 1 Dmr Contr 2 Sys: 04 Route:10000018 (004+00.797) First Harmul EventON THE ROADWAY (ALLEY, Relation to JunctionT-INTERSECTION Traffic Cont. DeviceTRAFFIC SIGNALS Speed Limit50 Diagram Location:REAR END Investigating Cfficer:SHERIFF Reliability of Info:CONFIDENT Unit t UnH 2 Unti 3 EAST EAST - - VEHICLE - SLOWING IN PICKUP PASSENGER CAR - 022 042 M M NORMAL - NO DRUGS OR NORMAL - NO DRUGS OR - DRIVER INATTENTION OR NO CLEAR CONTRIBUTING NO CLEAR CONTRIBUTING NO CLEAR CONTRIBUTING - County:Carver CRy:CHANHASSEN Sover(ty:INJURY - POSSIBLE INJURY Roadway Type:4-6 LANES UNDIVIDED (2 TO 3 Type of Crash: COLLISION WITH MOTOR VEHICLE Surface Conditions: DRY Light Conditions: DAYLIGHT Weather Cond 1:CLOUDY Weather Cond 2:NOT SPECIFIED Number of Vehicles:02 Init Trav Din WEST Veh Action: VEHICLE - STOPPED IN Configuration: PASSENGER CAR Driver Age: 020 Driver Gender: F Driver Cond: NORMAL - NO DRUGS OR DrW Contr 7: NO CLEAR CONTRIBUTING Ddw Corrtr2:NOT SPECIFIED Sys: 04 Route:10000018 (004+00.791) First Harmul EventON THE ROADWAY (ALLEY, Relation to Junctlori AT INTERSECTION OR Traffic Cont. DevICOTRAFFIC SIGNALS Speed Limit 50 Diagram LOcation:REAR END Investigating Of iicer:SHERIFF Reliability of Info:CONFIDENT VEHICLE - GOING STRAIGHT - PASSENGER CAR - 017 F NORMAL - NO DRUGS OR - DRIVER INATTENTION OR NOT SPECIFIED - 8/10/2007 Mapping Analysis Tool 3.7.0 Page: 4 of 5 Crash Detail Report ur. CSAH 18 & Audubon Rd So County:Carver City:CHANHASSEN Severity: PROPERTY DAMAGE - NO Roadway Type:2 LANES --I EACH WAY Type of Crash:COLLI SION WITH SIGN Surface Conditlons:DRY Light Conditions: DAYLIGHT Weather Cond 1:CLEAR Weather Cond 2:OTHER Number of Vehicles:01 Init Trav Dir: EAST Veh Action: VEHICLE - GOING STRAIGHT COnflgUretion: PASSENGER CAR Driver Age: 016 Driver Gender. M Driver Cond: NORMAL - NO DRUGS OR Drtvr Cofdrl: ILLEGAL OR UNSAFE SPEED Drtvr Contr2: DRIVER INEXPERIENCE Colnty:Carver City:CHANHASSEN Severity: PROPERTY DAMAGE - NO Roadway Type:NOT SPECIFIED Type of Crash:COLLI SION WITH SIGN Surface Conditions: WET Light Conditions: UNKNOWN Weather Cond 1:CLOUDY Weather Cond 2:NOT SPECIFIED Number of Vehicles: 01 Init Trav Dir. UNKNOWN OR NOT APPLICABLE - Veh Action - - COMlguretton: PASSENGER CAR - Driver Age: 071 Driver Gender: F Driver Cond: NOT SPECIFIED - DrivrContr1:NOT SPECIFIED - DrivrContr2:NOT SPECIFIED - Sys: 04 Route:10000018 (004+00.790) First Harmul EventOFF THE ROADWAY ON THE Relation to Junction NOT AT INTERSECTION OR Traffic Cont. DeviceNOT APPLICABLE Speed Limit50 Diagram Location:OTHER Investigating Officer:SHERIFF Reliability of Info:CONFIDENT Sys: 04 Route: 10000018 (004+00.791) First Harmul EventNOT SPECIFIED Relation to Junction NOT SPECIFIED Tragic Cont. Device.UNKNOWN Speed Limit50 Diagram Location:OFFICER REPORTED THAT Investigating ONicer:NOT SPECIFIED Reliability of Info:CONFIDENT 8/10/2007 Mapping Analysis Tool 3.7.0 Page: 5 of 5 Crash Detail Report �pRO CSAH 18 8 Audubon Rd No 141900040 03/08/2004 1104 Coullty:Carver City:CHANHASSEN Severity: PROPERTY DAMAGE - NO Roadway Type:OTHER Type of Crash:COLLISION WITH MOTOR VEHICLE Surface Conditions: ICE / PACKED SNOW Light Conditions: DAYLIGHT Weather Cord 1:CLOUDY Weather Cond 2:SLEET, HAIL, OR FREEZING Number of VehiCles:02 Sys: 04 Route:10000018 (005+00.214) First Harmul EventON THE ROADWAY (ALLEY, Relation to Junction:INTERSECTION-RELATED Traffic Cont. DeviceTRAFFIC SIGNALS Speed Limit50 Diagram LOcatierr:OTHER Investigating Offlcer:SHERIFF Reliability of InfoCONFIDENT Init Trav Dir: WEST NORTH Veh Action: VEHICLE - GOING STRAIGHT VEHICLE - MAKING RIGHT Configuration: PASSENGER CAR PICKUP Driver Age: 050 023 Driver Gender: F M Driver Cond: NORMAL - NO DRUGS OR NORMAL - NO DRUGS OR Drivr Contr l:NO CLEAR CONTRIBUTING SKIDDING Drivr Contr2:NOT SPECIFIED WEATHER 42510286 06/29/2004 1826 County:Carver City:CHANHASSEN Severily:INJURY - POSSIBLE INJURY Roadway Type:2 LANES --I EACH WAY Type of Crash:OTHER TYPE OF COLLISION Surface Conditions: DRY Light Conditions: DAYLIGHT Weather Cond 1:CLEAR Weather Cond 2:CLEAR Number of Vehicles:03 Sys: 04 Route:10000018 (005+00.233) First Harmul EvMtON THE ROADWAY (ALLEY, Relation to Junctionff-INTERSECTION Traffic Cont. DeviceTRAFFIC SIGNALS Speed Limit50 Diagram Location:REAR END Investigating Officer:SHERIFF Reliability of Info:CONFIDENT Init Trav Dir: WEST WEST WEST Veh Action VEHICLE - STOPPED IN VEHICLE - STOPPED IN VEHICLE - STOPPED IN Configuration: PASSENGER CAR PASSENGER CAR VAN OR MINIVAN Driver Age 017 021 016 Driver Gentler: M M F Driver Cond: NORMAL - NO DRUGS OR NORMAL - NO DRUGS OR NORMAL - NO DRUGS OR Drivr Contr 1: OTHER OTHER Drivr Contr2:NOT SPECIFIED NOT SPECIFIED OTHER 8/10/2007 Mapping Analysis Tool 3.7.0 Page: 1 of 2 Crash Detail Report il, CSAH 18 & Audubon Rd No tHRI 067.990264 07/18/2006 1200 Sys:04 Cowrly:Carver CIty:CRANHASSEN Route:10000018 (005+00.214) Severity: PROPERTY DAMAGE - NO Roadway Type:2 LANES--1 EACH WAY Type of Crash:rOLLISION WITH MOTOR VEHICLE Surface Conditions:DRY Light Conditions: DAYLI GHT Weather Cond 1:CLEAR Weather Cond 2:NOT SPECIFIED Number of Vehicles: 02 Init Trav Dir Veh Action Configuration Driver Age Driver Gender Driver Cond Drivr Contr 1 Drivr Contr 2 First Hanmul Event:ON THE ROADWAY (ALLEY, Relation to Junction f-INTERSECTION Traffic Cont. DeviceTRAFFIC SIGNALS Speed Limit:50 Diagram Location:REAR END Investigating Officer:SHERIFF Reliability of Info:CONFIDENT Unit 1 Unit 2 UnN 3 EAST EAST - VEHICLE - GOING STRAIGHT VEHICLE - STOPPED IN - SPORT UTILITY VEHICLE PASSENGER CAR - 038 047 F F :NORMAL - NO DRUGS OR NORMAL - NO DRUGS OR - FOLLOWING TOO CLOSELY NO CLEAR CONTRIBUTING NOT SPECIFIED NOT SPECIFIED - 8/10/2007 Mapping Analysis Tool3.7.0 Page: - -- Appendix F: BWSR Safety Justification Information • January 2013 Follow-up Safety information in Response to TEP Comments Supplemental Information for the WCA/ Corps Joint Permit Application Lyman Boulevard (CSAH 18) - Phase 3 January 2013 TEP Follow-up Information BWSR Safety Justification The following information addresses the comments received during the TEP meeting held in January 2013, regarding the calculation of wetland impacts for Board of Water and Soil Resources (BWSR) mitigation (safety related) versus the wetland impacts resulting from the proposed trail and roadway improvements related to future capacity. Safety -Related Wetland Impacts and Non Safety -Related Troll Impacts Typically, wetland impacts resulting from safety -related roadway improvements are mitigated through the BWSR Road Replacement Program. Those wetland impacts that result from improvements to address future roadway capacity or recreational trails are not mitigated through the BWSR Road Replacement program; rather, they are often mitigated through the purchase of credits from existing suitable wetland banks or on -site mitigation. In order to separate wetland impacts into relevant categories such as safety, capacity, and, trail - related, SRF created a hypothetical depiction of the subject roadway that would be recommended to address safety related issues, based on estimated 2014 traffic volumes. Based upon previous 2010 traffic counts, historical data and a straight-line estimation method, we estimate the 2014 volumes on CSAH 18 as follows: • West Segment (CSAH 15 to Audubon Road North)—13,000 ADT • East Segment (Audubon Road North to CSAH 17)—10,800 ADT Refer to revised Figures 3A-3C in Appendix C. Figures 3A-3C show the revised construction limits for the proposed roadway improvements and a hypothetical minimum build road configuration within those construction limits. Based upon the estimated 2014 traffic volumes, the hypothetical minimum build roadway would consist of a 2-lane (1 lane eastbound and 1 lane westbound) rural section with no median and dedicated left and right turn lanes at the Audubon Road North / CSAH 18 intersection. Refer to Figure 4 in Appendix C for comparison of the hypothetical versus proposed typical sections. The proposed roadway is a 4-lane (2 lanes eastbound and 2 lanes westbound) urban section with a median and dedicated left and right turn lanes. The hypothetical roadway configuration does not include a recreational trail whereas the proposed roadway improvements include a recreational trail. The design of both the minimum build and proposed roadway section, as described above, follow the minimum design standards set forth by Minnesota Rules 8820.9936 URBAN, 8820.9926 RURAL, 8820.9995 BIKEWAY STANDARDS and State Aid requirements. Wetland impacts resulting from the minimum build configuration not associated with trails or capacity improvements would be considered safety impacts to be mitigated through BWSR Program. Wetland impacts outside of the minimum build estimated construction limits resulting from the proposed roadway improvements would be considered non safety -related impacts. Table l and 2 below summarize the wetland impacts resulting from the minimum safety -related improvements, the proposed wetland impacts beyond the minimum safety -related improvements and proposed mitigation strategies for each wetland identified along this project. Table 1: Summary of Wetland Impact Areas Related to Safety, Non -Safety, and Temporary Improvements Wetland ID Safety -Related Wetland Impacts (acre) Non Safety -Related Wetland Impacts [Outside Safety Improvements] (acre) Temporary Wetland Impacts (acre) W-1A 0.00 0.02 0.01 W i-B 0.06 0.00 0.00 W-2 0.09 0.71 0.06 W-14 0.05 0.81 0.09 W-19 0.00 0.01 0.00 Bluff Creek 0.13 0.00 0.00 Total Wetland Impacts (ac) Safety -Related: 0.33 acres Non Safety -Related: 1.55 acres Temporary: 0.16 acres Table 2: Summary of Proposed Wetland Mitigation for Each Wetland Impact within Project Area Wetland ID Safety -related Required Mitigation Non Safety -Related Required Mitigation Wetland Impacts (2:1) from BWSR Wetland Impacts (2:1) from Private Road Replacement Outside Safety Wetland Bank Credit Program Improvements Purchase (acre) (awe) (acre) (acre) W-1A 0.00 0.00 0.02 0.04 WI-B 0.06 0.12 0.00 Self-mitigatingditcMi' W-2 0.09 0.18 0.71 1.42 W-14 0.05 0.1 0.81 1.62 W-19 0.00 0.00 0.01 0.02 Bluff Creek 0.13 0.26 0.00 0.00 Total Safety -Related: Non Safety -Related' Wetland 0.33 acres 0.66 acres 1.55 acres 3.10 acres Impacts (acre) (1) This existing wetland ditch meets the three parameters of wetlands. The proposed roadway improvement will re-establish a similar ditch that will be reseeded with an appropriate wetland seed mix. Appendix G: CRU Letter ax'rspr� ��Minnesota Department of Transportation ,F Office of Environmental Services Mail Stop 620 395 John Ireland Boulevard St. Paul, MN 55155-1899 April 19, 2012 Cynthia Warzecha SRF Consulting Group, Inc. One Carlson Parkway North, Suite 150 Minneapolis, MN 554474443 Office Tel: (651) 366-3604 Fax: (651) 366-3603 Re: S.P. 010-618-013 (CSAH 18 reconstruction, CSAH 15 to CSAH 17) T116N R28W Sects. 22 & 23, Chanhassen, Carver County Dear Ms. Warzecha: We have reviewed the above -referenced undertaking pursuant to our FHWA-delegated responsibilities for compliance with Section 106 of the National Historic Preservation Act, as amended (36 CFR 800), and as per the terms of the 2005 Section 106 Programmatic Agreement between the FHWA and the Minnesota State Historic Preservation Office. Carver County plans to reconstruct a segment of CSAH 18 (Lyman Blvd.) between CSAH 15 (Audubon Rd. South) and CSAH 17 (Powers Blvd.) in Chanhassen. The roadway here is currently a rural, undivided two-lane section. Reconstruction will upgrade the roadway to a divided four -lane section. West of CSAH 15, CSAH 18 has already been upgraded to a divided four -lane section. There will be minor horizontal and vertical adjustments to the roadway. Work will include the widening of traffic lanes and construction of a two-way ped/bike trail along the north side of CSAH 18. Narrow strips of additional right of way will be needed for the project. The project area of potential effect (APE) for direct effects to cultural resources is defined by the project construction limits, including temporary and permanent easements. The APE for indirect effects includes the first tier of properties adjacent to the project that are not screened from the project by vegetation, topography or other features. There are no known cultural resources within the APE. The APE has low potential for containing unidentified intact archaeological resources due to disturbance caused by previous roadway and utilities construction. The architecture/history properties within the APE are less than 50 years of age and are not eligible for the National Register of Historic Places. The finding of this office is that there will be no historic properties affected by the project as currently proposed. If the project scope changes, please provide our office with the revised information and we will conduct an additional review. I'Ve VA FIA Elizabeth J. Abel State Programs Administrator Coordinator Cultural Resources Unit cc: Teresa Martin, MnDOT CRU MnDOT CRU Project File Appendix H: Draft BWSR Withdrawal Form Application for Withdrawal of Wetland Credits g^B,,from the Minnesota Wetland Bank W RMA 1. Credit User To be completed by the person or entity proposing to use the wetland credits. Name: Lyndon Robjent. P.E. Organization (if applicable): Carver County Public Works Department Street Address: 11360 Hwy 212. Suite 1, Cologne, MN 55322 City, State, Zip: Cologne, MN 55322 Phone: 952-466-5200 E-Mail Address: CarverCountyPW@co.carver.mn.us 2. Wetland Impact Information This space is for BWSR use only Debit Date: To be completed for the project with wetland impacts that this withdrawal is intended to replace. Project Name: CSAH 18 (Lyman Boulevard) Phase 3 County of Impact: Carver Impact Major Watershed #: 33 Impact Bank Service Area: 9 LGU File # (if applicable): Comments: Wetland Impact Size (acres): 1.5500 Replacement Ratio: 2:1 Total Replacement Required (acres): 3.1000 U.S. Army Corps Permit # (if applicable): By signature below, the proposed user of credits attests that he/she owns or has purchased the credits identified in this application and has received approval from the applicable regulatory authority(ies). Credit User Signature: Date: 3. Regulatory Approval/Authorization By signature below, the identified agency and authorized representative hereby certify that they have: a) verified that the subject wetland credits are deposited in the account of the owner/seller, b) approved a wetland replacement plan or similar agreement under their jurisdiction, and c) approve the proposed use of the wetland bank credits described herein. WCA LGU/Agency: E-mail address LGU Representative: Signature: -------------------------------- (for NRCS, USACE. etc. if applicable) Agency Name/Location: Representative: E-mail address': Signature: *Confirmation will be e-mailed when transaction is complete. Date: Daia. BWSR Application for Withdrawal of Wetland Credits Form Page 1 of 2 Rev 10/3/2013 Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank WabeSi RcvMnra 4. Withdrawal Information Bank Service Area: 9 To be completed by seller of credits (account holder). Account Number: 1392 County: Carver Credit Subgroup Letter Plant Community Type Cost per Credit (acre) Number of Credits to be Withdrawn (acre) acre=ft /43560)(cost Cost of Purchased Credits per credit t number of credits) C Flow -through $38322.80 3.1000 $118800.68 $0.00 $0.00 $0.00 TOTAL 3.1000 $118800.68 Table: www bwsr.state mn us/wetlandsJ2013 Fee Schedule odf from Table (county of 6.5% of sale price seller's bank 2.628 Above TOTAL x Transaction Fee (choose either amount) County Fee $7,722.04 Attach check payable to Minnesota Board of Water and Soil Resources. By signature below I seller and holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank certify that: 1) The credits described in this application have been sold to the credit user or will be used for my own project, 2) 1 have received payment in full from the buyer (if applicable); 3) The credits described in this application have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the wetland impact information block on the previous page; 4) The credits described in this application should be withdrawn from my account, and 5) 1 will not have a negative balance of credits after the subject credits are debited from my account Seller Name (print): Seller Signature: Seller e-mail': Date: 1 The account holder of the credits is responsible for submittal of this form, containing signatures, to the BWSR Wetland Bank Administrator so the affected account can be properly debited. 2. No impacts to any wetland or other water resource may commence until the credits have been debited and a copy of this form with stamped debit date has been received by the regulatory authority(ies), the account holder, and the credit user. When this form is completed and all required signatures are obtained, send with the fee check to: Wetland Bank Administration Minnesota Board of Water and Soil Resources 520 Lafayette Road North Saint Paul, MN 55155 BWSR Application for Withdrawal of Wetland Credits Form Rev 10/3/2013 Page 2 of 2 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2014-05 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, March 4, 2014, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Wetland Alteration Permit for proposed roadway reconstruction and improvement project of the segment of CSAH 18 (Lyman Boulevard) between CSAH 15 (Audubon Road) and CSAH 17 (Powers Boulevard). Applicant: Carver County. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2014-05 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: ksnreiterna.ci.chanhassen.mn.us Phone: 952-227-1173 (Publish in the Chanhassen Villager on February 20, 2014) ENGINEERS PLANNERS D ES IGNFRS Consulting Group, Inc. To: Terrance Jeffery, Water Resources Coordinator City of Chanhassen From: Matthew Meyer, Senior Environmental Scientist Nathen Will, Senior Associate Date: February 26, 2014 Subject: CSAH 18 (Lyman Boulevard) Phase 3 Wetland Permitting Update for Wetand 1A Introduction Memorandum SRF No. 0076098 3040 This memorandum transmits updated information and attachments to address the Technical Evaluation Panel's (I'EP) comments related to the secondary impacts associated with Wetland 1A, and to provide supportive evidence for the maintenance of hydrology, including the avoidance of secondary impacts to the remaining project wetlands. Wetland 1A Secondary Impacts As part of this project, the existing CSAH 18 roadway profile is being lowered approximately 6 feet to improve sightlines and safety at the intersection of Sunset Trail which includes the private driveway adjacent to Wetlands W-lA and W-113. This profile adjustment is reflected in the attached cross sections, which show the proposed grading along entire CSAH 18 project Refer to cross sections from Station 216+50 to Station 217+50 (Plan Sheets 204 and 205 — Appendix B) for the proposed grading impacts and driveway profile as compared to the existing ground line. The proposed grade changes associated with the driveway approach at Station 216+70 RT (eastbound CSAH 18) has the potential to reduce hydrology to the remaining 0.12 acres of Wetland W-IA; creating a secondary impact. As a result of grade changes on the south -side of Wetland W- lA, the basin is considered to be impacted in entirety due to hydrology alterations that will likely drain the remaining portion of Wetland W-IA. Impacts have been revised in Table 1 (below). The additional mitigation is not necessitated by safety, and will be purchased from wetland bank number 1392 by Carver County. Hydrologic Maintenance of Project Wetlands Wedand 2 — The existing hydrology will be maintained to this wetland by perpetuating flow from the existing drainage area north of CSAH 18 and west of Sunset Trail under CSAH 18 through a cross culvert pipe at Station 209+60 constructed to match the existing culvert invert elevations. Surface flow to this wetland will continue from the adjacent farm field south of CSAH 18. Wetlands W-14, Bluff Creek and W-19 — The existing hydrology at these wetlands will be mostly unaffected by the project other than the proposed fill needed to construct the roadway which is impacting the wetlands. Refer to the attached construction plan sheets and cross sections for grading impacts. www.s rfconsulting.com One Carlson Parkway North. Suite 1% 1 Minneapolis. MN SS447 4 3 1 763.47SBO10 Fax: 763.47x1429 An Equal Opportunity Etuployrr Table 1: Revised Wetland Impacts Wetland ID, 1/4 Type: Total Permanent Temporary Topographic 1/4 Sec. Eggers & Predominant wetland Roadway Roadway Setting (T116N, Reed/ Vegetation area (ac) Impacts Impacts R23W) Ciro 39 W-1A NE SW Shallow Cattail 0.14 0.14 ac 0.00 ac 23 marsh/3 W-16 NE SW Wet Reed canary 0.06 0.06 ac 0.00 ac 23 meadow/2 grass W-2 NE SE Wet Reed canary 0.8 0.8 ac 0.06 ac 22 meadow/2 grass, willow, NW SW common buckthorn, 23 W-10. SW NE 22 Wet Reed canary >20 0.00 ac 0.00 ac tributary meadow/2 grass, cattail W-11. Flow- SE NE 22 Shallow Reed canary >5 0.00 ac 0.00 ac through marsh/3 grass, cattail W-12, SE NE 22 Wet Diverse 0.2 0.00 ac 0.00 ac Isolated meadow/2 sedges, grasses, forbs W-13. SE NE 22 Wet Cattail, <0.1 0.00 ac 0,00 ac Isolated meadow/2 sedges, forbs Bluff Creek SE NE, NE N/A Reed canary >20 0.13ac * 0.00 ac SE 22 grass W-14, Flow- SE NE Wet Reed canary >5 0.86 ac 0.09 ac through 22 meadow/2 grass, green bulrush, sedge W-18, SW NW Seasonally Box elder. 0.2 0.00 ac 0.00 ac tributary 23 flooded maple, basin/11- buckthorn W-19 NE SW Seasonally Green ash >0.3 0.01 0.00 ac 23 flooded basin/ 1L Total Total Permanent Temporary impacts impacts (2.00 ac) (0.15 ac) 0.15 ac Restored to pre - construction conditions Proposed impacts at the edge of Bluff Creek consist of replacing culverts. grading. rock rip rap lining for outfall of culverts within actual channel north and south of Lyman Boulevard Channel cross-section characteristics will be modified to accommodate the realigned culverts. NoteShading = revised numbers from previous submittal_ Wetland Mitigation Update A total of 2.00 acres of permanent wetland impact and 0.15 acres of temporary impact are proposed as a result of the roadway reconstruction. Of the 2.00 acres of impact, 0.33 acres are permanent and safety -related and 1.67 acres are not eligible for safety credits. Table 2 below summarizes the proposed mitigation strategies for each wetland identified along this project. Table 2: Summary of Proposed Wetland Mitigation for Each Wetland Impact within Project Area Wetland ID Safety -related Required Mitigation Non Safety -Related Required Mitigation Wetland Impacts (2:1) from BWSR Wetland Impacts (2:1) from Private Road Replacement Outside Safety Wetland Bank Credit Program Improvements Purchase (acre) (acre) (acre) (acre) W-1A 0.00 0.00 0.14 0.28 Wl-B 0.06 0.12 0.00 Self -mitigating ditch W-2 0.09 0.18 0.71 1.42 W-14 0.05 0.1 0.81 1.62 W-19 0.00 0.00 0.01 0.02 Bluff Creek 0.13 0.26 0.00 0.00 Total Safety -Related: Non Safety -Related: Wetland 0.33 acres 0.66 acres 1.67 acres 3.34 acres Impacts (acre) (t) i ins existing wetland ditch meets the three parameters of wetlands. I ne proposed roaaway improvement will re-establish a similar ditch that will be re -seeded with an appropriate wetland seed mix. On behalf of the Caner County Public Works, we request the WCA LGU to notice the revised wetland impacts, and associated information to the members of the TEP including the U.S. Army Corps of Engineers. Appendices List: Appendix A - Revised Wetland Figures Appendix B - Plan sheets and Cross Sections • Figure 3B Plan Sheet with Wetland Impacts WETLAND 2 (SEE 3A) \Al at i• •� °' 000 O� 0000 0040 000 CJ G 1Ul IL In ,. WETLAND 1B -� 0.06 AC. (SAFETY) CJ_(/ N WETLAND 1A 0.14 AC. (NON -SAFETY) WETLAND IMPACTS FOR MINIMUM BUILD mom SAFETY ONLY IMPROVEMENTS 0 BLUFF CREEK WETLAND IMPACTS WETLAND IMPACTS FOR TRAIL h CAPACITY ® NON -SAFETY IMPROVEMENTS TEMPORARY WETLAND IMPACTS WETLAND BOUNDARY - - - - - - - PROJECT CONSTRUCTION UNITS DRNNADE DIRECTION W. WETLAND NUMBER SP-#M STORM POND NUMBER j J i T JE��___• IN o®o ncala In �M 91 �� CSHWETLAND188 FROM AUDUBON ROAD TO POWERS BOULEVARD Figure 36 CoRaM" Group ILK. S.P. 010-618413 / S.P. 010-617-020 / S.P.194-020-009 Job"8098-P3 CARVER COUNTY 21I I2014 - 154PM REVISED 2/11114 Appendix B: Plan Sheets and Cross Sections , /i/, EE• / /! �- ' AUDUBON MK CAI g ; /, ' SENfMPMI 312' P _ N.D' P � PIN.K xmuMP aoTM P/LL —� _ _ LECEND PPDPortD CWISTPI/R2JX MONSD) PCIN C PILL GENERAL NOTES: P Ar WLaNSKM ME TO TAM M CLAD UNLESS NOTED OMFAMSF W INTEnECINN M ML! HDR RµAUS Pq LC ATgNs WD SWT ELEMTNN NOT CMWD x THE WNSTRUMN q AND NRA AHO TAM. 41GMH'NTS " AR Es. P M CpICREI[ A4AYCN NOSC DESFN ]I,J. ® PpONDF IDOLDS s OtTTMR 1P *N © CDM51P1Ki CONCIRIE pIK..VWLH (cNV1 .STD. PLAT[ 5"T) OD flNIs1RIX. PELAS.. NAP NYP CdKfAVCI WNMAAMS DAN . (NYE C) © WNSfMR:! I GAT[ DA (G' AEC. CASE CL 5) ® lo' Ntre TRAnsrtlox © BMOEO MAE EENCE o MW C FENCE DES" .-0222 © CWISTAUCT DAMNAV EMAMTCE (CIMNNASSEH STD. RAM 5M2) OR CDNST CLYLCACTE M l AP" (CNMMASS[N SM RAM VM) it D1 ! IIR I oxiaD°A-- —t7 IE 3 L �o, E Irr� I / TRAIL B �---� I NA I PR R CON9DNCaM 1Y15 10.0' IPIP / ��I EM61MIlP! 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I 1 II LY I.."a 129.1' u. ro or rz r rRav a ME wm Rw 'YY.Ya. _ _El_MRM_k4X1NLY � _ r90P W rlgMM- ROv RTIE SEE SMET 76 FOR GENER4 NOTES y LEGEND IP rTmwsEn cGN;TmN:nax vRNROs[G aEruNm wNu I 1 EnclNeu4 CARVER COUNTY SMELT ��.�� PLw NNe N9 CONSTRICTION PLANS D ISICNEN9 C. S. A. N. 18 (LYMAN BLVD.)-PHASE S OF 7 ,,, Cm.uY6y Gw1*11q EKyIWU4 STA. 199400 TO STA. 215v25 220 r1 --\ = BRVNNBUS '14 RM TE o r%r ��y�� Ie; (]�) Wes: Q CpNgRR IppRDCx ... 2m. ® % E mCMB A G TER iwNYMN © CBNSTW CDNCRETE DR WAY RRON (CMWINSSCN SM. E1AIE 5W7) (ID CONBIRKI PEa51RWN CURB wW CONStR &IUNMJUS ORWNAI (MSEI E) Q CONSY N 1 •GI R MNEYMr (B' I6. MX CL 5) © 10' CURB TN vaoI Q MRMO ROE E Q WWE RNCE ECSN'.N eM-BSt] © CDNSIp1KI pNN l W.E (fxNNxSYx Slp. PUR SEW) QK CONSIR%:1 co Kff ONNEWM ~ (CHNMISSEN SIO. FwE 5208) SUNSET Dow SUNSET 1RAH RJR /o.•ee SEE SHEET TS Fai GENERAL NOTES LEGEND ___--_.. RNILS IWOXMW EnOnaF[0 cGH51Ru[Igx A VROPNED RINMC Wll , I I \r IWO L — — — WBLYMAN v ! / aYBrn (RD a rARYNEm. 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AOS.0030 �— I I I 11 Fxp !V o10-611-020 ar IW-020-W9 YDMRS S" UNN.SO Pp TE I ' N N I w W1N 4 \1 I )1 nJ SEE SHEET ze FOR LENEM NOTE! 912A LEGEND '�\ L J -. _ HIRK[ rofticRYMr i j ENMNNYENF / MgrcSEp COxnwcnpN aws vE MR WRJrWEp RcrY WE \ Hass PRpR R/N I L J p D.W. MPRMpI NOSE OEVC. JI13. ® %plpC 10• CW Y GUTTER LRMsrFN o I I I"'I Qq CONSTR CMSRETE gME VHVN (CHANHASSEN SM R.rF 1.1) I J (yr comw Hn VEKS CURB RNIP 1 Q CwsRULi Bmnlwus wMIMr (-SET E) I L (E WBLYMAN Q COrlilRllGr A OETE pla[wAr (V .ELL. MSS CL 57 I I F EBLYMAN © ID' CURB 11UNBRWN No Rn L. Q BNB[p NIR[ FFwE END SP Om-ele-Ols Sp sr IBL-OSO-OM III E.P. ErNW siN z3aiBo.6s NB[ F[NCE Dt3Ni1 BW-fs]S i u O CONSTRUCT DRNEMAY ENTMNCE (CN SSEN SRO. MIS SM) © =WST C1 CdCAETE ORKWAr ARKN (CN SE. SM KAU aMB) ij II I �•�NAL.S� �_ �'• NRola BL.LNMBR! DFv pNen CARVERCOUNTY SHEET 79 KA CWSTINCi D! RNN$ C.S.A.N. IB (LYMAN BLVD.)-PHASE 7 �f CowulRgGwRlrc. NLYYNL STA. 221.50 TO STA. 225.e0.VP011ER5 M". 220 _ [ 1wE-gaWE. :aSRI Additional profiles submitted with this addendum are available online at www.ci.chanhassen.mn.us/2014-05 romgineeiing su7eyi�g purri March 4, 2014 Mr. Todd Gerhardt, City Manager Mr. Terry Jeffery, Water Resources Coordinator City of Chanhassen 770 Market Blvd., PO Box 147 Chanhassen, MN 55317 Subject: PPB Holdings, LP Lyman Boulevard (CSAH 18) Wetland Mitigation Plan MFRA#19951 Dear Mr. Gerhardt and Mr. Jeffery: We have reviewed the Lyman Boulevard wetland mitigation plan prepared by SRF Consulting on January 15, 2014. The following comments should be included in a revised mitigation plan: 1) Wetland 1A should be noted as fully impacted and included in the mitigation plan since the wetland will be drained with the proposed street and storm sewer improvement project. This has been previously discussed at the Technical Evaluation Panel meeting on February 19, 2014. a. Action required: Revise the wetland permit to fully impact wetland 1A and include in the mitigation requirements. 2) The Lyman Boulevard construction documents show a 24" culvert crossing (near plan Station 209+50) that conveys water from the north side of Lyman Boulevard to the south side where the PPB Holdings property is located. Public water that will be conveyed through the 24" culvert will discharge on private property without an easement or a defined ditch at a minimum 1% slope to convey the water toward Bluff Creek along the south side of Lyman Boulevard. The construction plans should be revised to connect this flow of water to the Lyman Boulevard storm sewer system rather than discharging the water on private property. Alternatively, the water could be conveyed in a pipe to the northwest corner of the PPB Holding property and discharged to the ditch located west of the PPB Holdings property. If the current plan were constructed with the 24" culvert in the current location, without a defined ditch, the project would have a negative impact on the PPB Holdings property and cause potential flooding on the PPB property. There will potentially be more water discharging through a 24" pipe rather than the existing 18" culvert crossing, as well the original roadway culvert was only a 15" culvert. The proposed toe of slope elevation is also 0.5 to 1.0 ft. higher than the existing road toe of slope, this will as well negatively impact the PPB Holdings property with potential flooding in the area. a. Action required: Revise the 24" culvert crossing eliminating the discharge of public water on private property. Page 2 of 2 3) The mitigation plan does not identify the complete wetland impact area in the area of Wetland a2 for the construction project. Along the north line of the PPB Holdings property, the impact area aligns with the toe of slope for the proposed roadway. The impact area needs to be expanded to account for the full area of wetland impact that results from the grading operations that will occur beyond the toe of slope where a ditch will be needed to convey the water. A ditch cross section, similar to the ditch shown from 206+50 and 207+00, is required to convey the flow to the west toward Bluff Creek. The current plan does not show the ditch with a minimum 1% ditch slope to convey the water from the PPB Holdings property to Bluff Creek. a. Action required: Revise the mitigation plan to show the complete wetland impact area required for grading to construct at ditch at the toe of slope with a minimum 1 % slope. The easement area needs to be revised to accommodate the grading of the ditch to provide positive drainage from the PPB Holdings property. Thank you for the opportunity to comment on the impact/mitigation plan. We look forward to reviewing the revised plan that addresses our comments. Sincerely, --TZA w�-- Todd Ullom, WDC Mark Anderson, PE LEED AP Environmental Scientist Director of Commercial Services Carer County Pubfc Works 113609fighway 212 Suite 1 Cofogne, XV 55322-8016 Thone(952)466-5200 Eax,(952)466-5223 February 25, 2014 Mr. Mark Anderson, PE, LEED AP mfra Engineering 14800 28" Ave. N, Ste 140 Plymouth, MN 55447 ,4dutinistration (Parfj Engineering .9frgfnvay 541aintenance Equipment Waintenance Sunrying e1 Mapping Re: CSAH 18 (Lyman Boulevard) Reconstruction from Audubon Road to Powers Boulevard Letter dated February 24, 2014 — Request for Lyman Boulevard Construction Document Revisions Dear Mr. Anderson: In response to your requests in your letter of February 24, 2014: 1) Add a right turn lane and right in/out access point near the northwest corner of the PPB property. The center of the access should be approximately 50 ft. from the northwest corner of the PPB parcel. Response Upon discussion with the City of Chanhassen, the City is willing to permit the right in/right out future access and construction of the right turn lane upon completion of the City permitting/review process. The cost for the permitting/review process and turn lane construction would be borne by the property owner/developer. The County will not be generating turn lane cross section information until the application process is started and the location of the right turn lane is more defined. 2) Eliminate the 24" culvert crossing near the northwest corner of the PPB property so that additional permanent easement is not required to convey the public water across the PPB property. As we discussed, the pipe alignment draining water from the north side of Lyman Boulevard should be connected to the Lyman Boulevard storm sewer system. Response Upon further discussion with the City of Chanhassen it was determined that the centerline culvert provides runoff water to the potential wetland to the south. We cannot divert this water as part of this project. We are reviewing the need for additional permanent drainage easement as part of the County project to accommodate this culvert outlet drainage to the west. We also reviewed the storm sewer design calculations. The storm sewer pipe and the stormwater pond as designed cannot accommodate this additional drainage without a complete redesign and re - permitting of the western 700 feet of the storm sewer pipe and storm water pond. 3) The swale at the toe of slope on the south side of Lyman Boulevard on the PPB property must be at the same elevation as the existing swale so that existing drainage patterns are maintained from the PPB property. Response Positive surface water flow to the west will be maintained as part of the County Road 18 construction. 4) The wetland mitigation plan should be updated to reflect the draining and impact of wetland 1A. Response The County is submitting a revision to our wetland mitigation permit that provides for mitigation of all of wetland W-1A 5) The plan should be revised to fully impact the residual sliver of Wetland 2 area on PPB property so the future street connection to the right in/out can be constructed without impacting wetland areas. See Exhibit A. Response The County wetland permit application does not include any additional mitigation in wetland W-2. See response No. 1. At our January 3151 meeting you had a question about the run-off on the east side of the project past the Fox property. Upon review of the construction plan it was confirmed that storm water that goes east past the Fox property outlets into the storm sewer system on Lyman Blvd east of Powers Blvd. This storm sewer system outlets to a storm water pond further east that was built as part of the TH 212 D/B project. The original design of this storm water pond included adequate sizing for additional future runoff considerations. The storm water pond will accommodate this additional runoff. We have taken bids on the County Road 18 project and are in the process of reviewing and awarding the project. Construction is scheduled to begin on April 151h. Work by Mr. Dorsey's property could begin in early May. If a plan for a right turn lane and right in/ right out entrance is developed, we will try to accommodate that turn lane project into our County Road 18 construction project if we are able. Sincerely is Works Director CC: Richard Dorsey Paul Oehme, City of Chanhassen Terry Jeffery, City of Chanhassen infra February 24, 2014 Mr. Lyndon Robjent, PE Division Director, County Engineer Carver County Public Works 11360 Highway 212, Suite 1 Cologne, MN 55322 Subject: PPB Holdings LP 'I`FC'FOV'FF() F''Q 25 2014 CARVER COtjWyaeL/C WORKS Chanhassen, MN Request for Lyman Boulevard Construction Document Revisions MFRA a19951 Dear Mr. Robjent: As a follow up to our meeting with you on January 312014, on behalf of PPB Holdings, I would like to formally request the following plan changes be incorporated into the Lyman Boulevard construction documents: 1) Add a right turn lane and right in/out access point near the northwest corner of the PPB property. The center of the access should be approximately 50 ft. from the northwest corner of the PPB parcel. 2) Eliminate the 24" culvert crossing near the northwest corner of the PPB property so that additional permanent easement is not required to convey the public water across the PPB property. As we discussed, the pipe alignment draining water from the north side of Lyman Boulevard should be connected to the Lyman Boulevard storm sewer system. 3) The swale at the toe of slope on the south side of Lyman Boulevard on the PPB property must be at the same elevation as the existing swale so that existing drainage patterns are maintained from the PPB property. 4) The wetland mitigation plan should be updated to reflect the draining and impact of wetland 1A. 5) The plan should be revised to fully impact the residual sliver of Wetland 2 area on PPB property so the future street connection to the right in/out can be constructed without impacting wetland areas. See Exhibit A. Page 2 of 2 PPB Holding LP agrees to pay the costs associated with the right turn lane and right in/out access based on the unit bid prices for the appropriate construction items related to the access construction. We realize the project bid documents have been prepared, and so we request a separate supplemental agreement be prepared for the access construction. Please let me know if you have any questions. We would like you implement our requests in a timely manner so they can be efficiently included in the construction project. Sincerely, ;'%aZ- MarkAnderson, PE MFRA, Inc. CC: Richard Dorsey Enclosure — Exhibit A II C9.! .VWBCn Rplp p0a1 NgUBM RMD ve.u.e I I I wawa. :e eJ1.aJaweolwu v.r a as r Lr. caxslmX`m a[MM1N[ .ev. Rk rs raav N raw n awaa o.T• (Mwt riror �/� r+v a/M w.o' u. �_ Qfry 4 r I Ic I OOO OO O Jl:.m e.v.—cMc cat-__1 _-- �EBLvuu1 S. 11 WNJI[R N ,i .1( M[ 1113 Q rawv[ io' tuna x cunla In.xsnia. Q ttlM "l C.IIITI I.. MIKN (CW4rSSM no. Wn vol) Q CO '", MOLsrnux tuna RMIr Q mvr amlWwus m«nnr p wxsraucr .ccacurt wiuw.. p• .cc. wsc a s) Q !e' anm axant« Q WOO Tml ® wa neMc[ uacx ew-nn � eoxsrwer omswr penwle[ lulww.sssn sro. Burt >9w1 pp usr.0 Lwlnxc uwr I [�awl�Mr�r— w.vl�ry F w. ....� e•asd Ica. U9 MIT TS FIX 0[M[Mal NOT[6 / r. LCOCNO nmraJm caerwernx b �\ nsorwm a[uanlo MNa 1 a Y n[rnauL Lasol..r # I a c...x` gl,4 I [xclvnn CARVER COUNTT $T6E7 T 1. xx1.. C'78 ( MION Lft 3 Dnicxns C. S.A.N. IB ILYNAN BL VD. 1-PHASE 7 DE =�'— CondanC nrnnp, W. fOLVMIN 51.. 199.00 i(1 STI. tIJQS 199 .o e�lff= CITY OF CAANHASSEN 7700 Market Boulevard March 5, 2014 PO Box 147 Mr. Todd Ullom Chanhassen, MN 55317 MFRA Environmental Scientist Administration 14800 28' Avenue N., Ste. 140 Phone:952.227.1100 Plymouth, MN 55447 Fax:952.227.1110 Mr. Mark Anderson Building Inspections MFRA Phone: 952.2271180 Dir. Of Commercial Services Fax:952.227.1190 14800 28`s Avenue N., Ste. 140 Engineering Plymouth, MN 55447 Phone:952.227.1160 Fax:952.22T1170 Re: Lyman Boulevard (CSAH 18) Wetland Mitigation Plan, PPB Holdings City Project No. 10-08 Finance PFax:952.227.1110 Dear Mr. Ullom & Mr. Anderson: Fax:952.227.1110 Park & Recreation I have received your comments in the letter dated March 4, 2014. This letter is in Phone: 952.227.1120 response to those comments. Fax:952.227.1110 1) Wetland IA should be noted as fully impacted and included in the mitigation plan Recreation Center since the wetland will be drained with the proposed street and storm sewer 2310 Coulter Boulevard improvement project. This has been previously discussed at the Technical Phone: 952.227.1400 Evaluation Panel (TEP) meeting on February 19, 2014. Fax:952,227.1404 Planning & R: On February 26, 2014, SRF submitted a memorandum of revision to Natural Resources their January submittal. This revision included the full impact of Phone: 952.227.1130 wetland 1A as identified in the Houston Engineering delineation report Fax:952.227.1110 and commensurate mitigation. This update was emailed to your client Mr. Rick Dorsey of PPB Holdings on February 26, 2014 at 1:56 PM via Public Works email. 7901 Park Place Phone:952.227.1300 2) The Lyman Boulevard construction documents show a 24" culvert crossing (near Fax:952.227.1310 plan Station 209+50) that conveys water from the north side of Lyman Boulevard Senior Center to the south side where the PPB Holdings property is located. Public water that Phone:952.227.1125 will be conveyed through the 24" culvert will discharge on private property Fax: 952.227.1110 without an easement or a defined ditch at a minimum 1 % slope to convey the water toward Bluff Creek along the south side of Lyman Boulevard. The Web site construction plans should be revised to connect this flow of water to the Lyman www.ci.chanhassen.mn.us Boulevard storm sewer system rather than discharging the water on private property. Alternatively, the water could be conveyed in a pipe to the northwest Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Lyman Boulevard Wetland Mitigation Plan PPB Holdings March 5, 2014 Page 2 comer of the PPB Holding property and discharged to the ditch located west of the PPB Holdings property. If the current plan were constructed with the 24" culvert in the current location, without a defined ditch, the project would have a negative impact on the PPB Holdings property and cause potential flooding on the PPB property. There will potentially be more water discharging through a 24" pipe rather than the existing 18" culvert crossing, as well the original roadway culvert was only a 15" culvert. The proposed toe of slope elevation is also 0.5 to 1.0 ft. higher than the existing road toe of slope, this will as well negatively impact the PPB Holdings property with potential flooding in the area. R: The County adequately addressed this concern in their response letter dated February 25, 2014. This is a design issue and is outside of the purview of the Wetland Conservation Act and the City administered Wetland Alteration Permit. 3) The mitigation plan does not identify the complete wetland impact area in the area of Wetland #2 for the construction project. Along the north line of the PPB Holders property, the impact area aligns with the toe of slope for the proposed roadway. The impact area needs to be expanded to account for the full area of wetland impact that results from the grading operations that will occur beyond the toe of slope where a ditch will be needed to convey the water. A ditch cross section, similar to the ditch shown from 206+50 and 207+00, is required to convey the flow to the west toward Bluff Creek. The current plan does not show the ditch with a minimum 1 % ditch slope to convey the water from the PPB Holdings property to Bluff Creek. R: The objective of the MN Wetland Conservation Act and Chanhassen Wetland Protection as indicated in Section 20403 of the Chanhassen City Code is to achieve no net loss of wetland. There is no compelling sequencing argument for additional wetland impacts that has been offered. The applicant has made efforts to minimize wetland impacts to the greatest extent practicable. If additional impacts are proposed by the County for any reason, those impacts and the subsequent replacement plan will be reviewed and judged on their own merits. If you have any additional questions, I can be reached at 952.227.1168. Regards, CITY OF CHANHASSEN a�ls�— - - Terry Jeffery Water Resources Coordinator c: Todd Gerhardt, City Manager 9:\plan\2014 planning casea\2014-05 lyman boulevard wap\mfia response - lymen blvd.dm Appendix A: Minnesota Local/State/Federal Application Form for Water/Wetland Projects (WCA/COE Joint Permit) NA-026620-03C Minnesota Local/State/Federal Application Forms for Water/Wetland Projects PUBLIC TRANSPORTATION AND LINEAR UTILITY PROJECTS LOCAL AND STATE STANDARD APPLICATION Application for Local Government Unit approval Pursuant to Minnesota Wetlands Conservation Act (WCA) Project Specific Report and Notification for Work on Existing Public Roads Pursuant to Minnesota WCA Application for Minnesota Department of Natural Resources Permit to Work in Public Waters Application for Minnesota Pollution Control Agency Clean Water Act (CWA) Section 401 Certification FEDERAL: for the Department of the Army Permit (33 CFR Use this form to notify and apply for authorization of any proposed water/wetland project affecting lakes, rivers, streams or wetlands that may fall within the jurisdiction of 1) the appropriate Local Government Unit (LGU), 2) the Minnesota Department of Natural Resources (DNR), or 3) the U. S. Army Corps of Engineers (COE). If a 401 certification is required from the Minnesota Pollution Control Agency (MPCA), the COE will forward this application to the MPCA for processing. You do not need to send this application to the MPCA. This application packet includes the following: STANDARD APPLICATION. Fill out (Pages 1-6) and submit along with the required attachments. Instructions for completing the form are attached. APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT. Generally, in addition to state and local authorization, projects in wetland or water areas also require Federal authorization from the Corps of Engineers (COE) under Section 404 of the Clean Water Act. To apply to the COE using this application packet, complete the modified one page Federal application form found on Page 5, and mail it to the COE along with a copy of the local/state application. NOTE CONCERNING COE JURISDICTION: You do not need to notify or obtain further authorization from COE if all proposed work is covered by either a Clean Water Act Section 404 exemption, or if no work is in an area subject to COE jurisdiction under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act of 1899. Contact the COE if you have questions. A separate form (PUBLIC ROAD MAINTENANCE SHORT FORM NOTICE) is available for use for existing public road maintenance projects only if they qualify as either: (1) Minor or emergency work impacting less than 10,000 square feet of wetlands subject to the WCA; OR (2) Minor or emergency work impacting less than 10,000 square feet of certain DNR Public Water Wetlands (i.e., those not assigned a shoreland classification, not classified as lacustrine wetlands or deepwater habitats, or not having state or federal land ownership); OR (3) Work impacting DNR Public Water Wetlands and wetland areas of DNR Public Water basins when the DNR has received a copy of the Public Road Maintenance Short Form Notice and has waived the requirement for a DNR Public Water Work Permit to either the LGU responsible for WCA or the public road authority responsible for reporting wetland impacts to the Board of Water and Soil Resources; OR (4) Work involving existing public road crossings of DNR Public Waters. If your project qualifies for this category, use this separate Public Road Maintenance Short Form Notice. See the instructions accompanying this Form Notice. Public Transportation and Utility Projects Introduction, Page 1 (August 2007) INSTRUCTIONS to assist you with completion and mailing of these applications. Before beginning work on your project, you must receive all required approvals from the appropriate LGU, the DNR and the U.S. Army Corps of Engineers (COE). If you have not received a reply after 45 days, or if you wish to confirm the status of your application at any time, contact the agencies directly (see Instructions, Page 4). Proceeding with work before all required authorizations are obtained may result in fines or other penalties, and may include a requirement to restore the project site to original condition. If you have questions or need assistance with filling out this application, contact your LGU, your DNR Waters Area Hydrologist, or your COE regulatory field office (see Instructions Page 4). Note: If you believe that your project may be subject to Watershed District Regulations, local Planning and Zoning jurisdiction, or any other locally implemented or enacted controls beside those of your LGU, contact the appropriate office(s) directly in addition to your LGU, the DNR, and the COE. For more information, contact your local Soil and Water Conservation District (SWCD) or refer to www.bwsr.state.mn.us. A QUICK LOOK AT THE PROJECT APPLICATION PROCESS Forests can be downloaded from the BWSR or DNR web sites and filled out using Microsoft Word. Your input will be restricted to fill-in fields where users can enter text or check boxes. These areas appear gray on the screen, but not on the printed document. Send copies of your completed application forts to your LGU, area DNR office, and your COE regulatory office. LOCAL government road projects that qualify for replacement of wetland impacts via the BWSR Road Replacement Program must also send a copy to the BWSR Road Replacement Program (see Instructions, Page 3). When your application is considered complete and the appropriate fees have been received (if requested by the regulating agencies) it will be distributed for review and comment. In the case of the Corps, the DNR and the LGU, you will be notified if it is accepted as proposed, approved with changes or conditions, withdrawn, or denied. You will also be informed of any appeal rights relating to the decision. WEB SITES Refer to the following web sites for more information regarding regulations of water and wetlands: BWSR: www.bwsr.state.mn.us Corps St. Paul District: www.mvp.usace.army.mil DNR: www.dnr.state.mn.us MPCA: www.pca.state.mn.us For information on the appeals process, contact the appropriate agency (see Instructions, Page 4). Public Transportation and Utility Projects Introduction, Page 2 (August 2007) NA-026620-03C Minnesota Local/State/Federal Application Forms for Waterlwetland 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 This is an amended notice ®, dated January, 13, 2013 1. APPLICANT ROAD AUTHORITY INFORMATION: Road authority applicant: Carver County Public Works Department Contact person (name and title): Lyndon Robjent, P.E. (Public Works Director, County Engineer) Complete mailing address: 11360 Hwy 212, Suite 1, Cologne, MN 55322 Business phone: 952 466 5200 e-mail: CarverCountyPW(@,co.carver.nm.us 2. PROJECT IDENTIFICATION County: Carver Road name and/or number: CSAH 18 (Lyman Boulevard) Phase 3 Project termini: west terminus: 800 feet e. of CSAH 15 (Audubon Road): east terminus: 700 feet east of CSAH 17 (Powers Boulevard) Project number: SP 010-618-013 ® attach PROJECT LOCATION MAP (Appendix C) 3. ❑ attach SOILS MAP (if available) Located in wetland delineation report submittal 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 2014 Projected end date: Fall 2014 See Item 5 in Memorandum Public Transportation and Utility Projects, Page l (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 Space above is not adequate — project description is outlined in Item 6 — appended, and in Figures 3A — 3C (Appendix C). 7. ESTIMATED PROJECT COST: $5 million Funding Sources (%): Federal 80 State Local 20 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 described in Item 8 — appended. 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 Section, Twp, Range County Name and Watershed No. Public Waters Name and ID Number Impact(s) for Lakes (square feet or acres Impact(s) for Watercourse(s) (in linear feet) See Item 9A - appended AFFIRMATION For Public Waters impacts: ® I am applying for state and local authorization to conduct the work described in this application. DNR ermit is located in Appendix D. 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 attachin information on a separ sheet — use this sameformat D) of Wetland Basin Im ad nte Major Watershed Name or No. County Section, Twp, Range Wetland Circ. 39 Type / Wetland Plant Community Type (see HELP 9B) Size of Wetland Impact Size of Wetland Basin See 9B - appended TOTALS OF AREA (S) IMPACTED for each wetland vegetative community / wetland tvne in acres or snare feet - Seasonally Floodplain Sedge Fresh Wet to wet Shallow Deep Shallow Shrub carr Hardwood or Open or flooded forest meadow (wet) mesic marsh marsh Open or alder coniferous coniferous basin meadow prairie Water thicket swamp bog T1 TIL T2 T2 T2 T3 T4 T5 T6 T7 T8 O.Olac 1.85 ac 0.02 ac TOTAL IMPACT FOR THE PROJECT: 1.88 ac 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. Portions of the project area are within 300 feet of Bluff Creek, a DNR Protected Watercourse. 10. TYPE and AMOUNT OF FILL MATERIAL: e.g., rock, sand, clay or concrete (indicate amount of cubic yards.) 100,000 CY 11. ADJOINING PROPERTY OWNERS: For projects that require a COE standard individual permit, attach a list of ADJOINING PROPERTY OWNERS that includes complete names and mailing addresses of adjacent property owners whose property also adjoins the wetland or water body where the work is being proposed. N/A 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). (See Item 13 — appended) 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 (See Item 13 — appended) 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. (MnDOT CRU Section 106 letter, dated April 19, 2012) — Appendix G 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. (Appendix G) ® 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 (No Federal Species in Carver County) 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. PartC: For projects involving any project -specific replacement: I will record the Declaration of Restrictions and Covenants of the deed for the property of which the replacement wetland(s) will be located; and I will at the same time submit proof of such recording to the LGU. Public Transportation and Utility Projects, Page 4 (August 2007) 17. IF REPLACEMENT CONSISTS OF WETLAND BANKING, check appropriate option(s) below: ® BWSR Road Replacement Program: this option is available only for repair, rehabilitation, reconstruction or replacement of existing county, township or city roads. (Note: the TEP must certify that the project qualifies for this option —page 6.) If all of your replacement qualifies for this option -you do not need to answer the remaining questions, please skip to the Applicant Signature Blocks (Pages S and 7). ® State Wetland Bank - proceed to Question 21. (You must also complete the Application for Withdrawal of Credits Form and include with your application, see HELP 17). 18. FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING: I affirm that to the best of my knowledge and belief that all information in this application is true, complete and accurate. I affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank. I affirm that a completed withdrawal form has been submitted to the BWSR Wetland Bank Coordinator for replacing losses through the State Wetland Bank. 19. DESCRIPTION OF REPLACEMENT WETLAND (S) CONSTRUCTION: (Complete this section only if you are conducting project -specific replacement). See HELP 19 and attach this description on a separate sheet of paper labeled DESCRIPTION OF REPLACEMENT WETLAND CONSTRUCTION. (N/A) 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 Dyes. If Yes, submit a Wetland Banking Application directly to your LGU. Copies are available from your LGU, or you may download a copy from www.bwsr.state.mn.us 21. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below for all wetland replacement sites (including bank sites) except for replacement to be completed through the BWSR Road Replacement Program. If your project has more than one wetland replacement site, reference your overhead view to this chart and see HELP 21. Name of Major County Predominant Wetland Circ. 39 New Wetland Public Value Restored or Wetland Watershed Section Vegetation Type / Plant Credits Credits created? Replacement number Township Proposed Community Type' (NWC) (PVC) Indicate Site Range R or C # 1392 33- Carver Co. N/A FlowMinnesota Type 3 Through 3.1 S WC R TOTALS: 3.1 ac SWC (See Appendix H for draft withdrawal form) Applicant Signature Block To the best of my knowledge and belief, all information in this application is true, complete and accurate. I possess the authority to undertake the work described, or I am acting as the duly appointed agent of the applicant. lJ January 13, 2014 Signature Date Public Transportation and Utility Projects, Page 5 (August 2007) FOR LGU USE ONLY For projects involving construction of new roads, increased traffic capacity or linear utility of projects, the replacement plan is (Check one): ❑ Approved ❑ Approved with conditions (conditions attached) ❑ Denied 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 LGU official signature Date Document # assigned by Recorder FOR TEP USE ONLY This section roust 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 Wedand 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 fie 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 LGU Representative (Date) BWSR Representative (Date) ❑ Agree ❑ Disagree ❑ Agree ❑ Disagree DNR Representative (if applicable) (Date) Public Transportation and Utility Projects, Page 6 (August 2007) The psbRc burden for this collection afier rica is estimated to average 10 hour per respwme, dthmtgli the majority of applications should saquim 5 hours carless. The includes the time for reviewing instructions, Marching existing dos revues, gathering amd maintaining the data needed, and completing and reviewing the wlleclion ofinfomudon Seed comment regarding this bmdeo atimrte a any other aspect ofthhs collection of information, including mggenions for reducing this harder, to Department ofDclem e, Washington Headquarters, Service Dvecloate oflrfmnution Operations and Rapers, 12151eH Davis Highway, Suite 1204, Arlington VA 272024102; said to the Offim ofMaoagemed and Budget, Paperwork Reduction project (0710-0003), Washingwu, DC 20503. Respondents should be aware that earwahsmndusg my other provision oflaw, sn Petrov shall he subject to any penalty for failing to comply with a collection of information if h does nee displays currently valid OMB mewl number. Phcese DO NOT RETURN you Porm to either ofthae addresses. Completed applleatiom most be submitted an the District engineer havingjurisdiction over the location of the proposed activity. PRIVACY ACT STATEAI ENT: Authorities: Rivers and Harbert Act, Section 10, 33 USC 403; Clan Water Act, Section 404, 33 USC 1344; Marine Protection, Resarch and Sanetuaria Act, 33 USC 1413, Section 103. Principal purpose: lofomrtioa provided at this farm sell be used in ..Jutting it. applicant. fora permit. Acetic uses: This infirmution may be shared with the Department of furtive and other Federal, sham, ant bah govemmem agencies. Submission ofrequested information is volwgary; however, if mfemumon is not Valmded lb; permit applicationthe evaluated nor can a licessifthe' teed 1. APPLICATION NO 12. FIELD OFFICE CODE 13. DATE RECEIVED 14- DATE APPLICATION COMPLETED YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS. I All applicants need to complete non -shaded items 5 and 26. If an agent is to be used, also complete items 8 and 11. This optional Federal form is valid for use only when included smart of this entire state mastication nwket 5 APPLICANT'S NAMF 18. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) -7DArLn A-1, e��'C Matthew Meyer(WDCP 41234) 6.APPLICANT'S ADDRESS :1136011ww212, Suite 1, 9, AOENTB ADDRESSOneCariSon Payk.tiay North,Suite ISO, Mttvieapb'tis�IvlT 55447 - uomgne, MN 55322 I- - 7ilkil.[CANf'TS 52dJ 11. STATEMENT OF AUTHORIZATION (if applicable; complese only if aushorkingan agent) 1 hereby authorize Matthew Meyer to act on my behalf as my agent in the processing of this application and to furnish, upon requesh supplemental information in support of this permit application. nti, raLFv _ 26.Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. Signature ofapplicanf Dale January 3. 201 Signataeofagent(ifarly) Nate The application most be signed by the person who desires to undertake the proposed activity (applicant), or it may be signed by a duty authorized agent if the statement in Black I I has been filled out and signed. 18 U.S.0 Section 1001 provides Rut Whoever, in any manner within the jurisdiction of arty department or agency of the United States knowingly and willfully falsifics, conuals, or covers up with any trick, scheme, or disguises a material fact or makes any fate, fictitious a fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, ftctiti im or fiaudulent statements or entry, shall be filed not more than EI0,000 or imprisoned not more than five years or both- ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CEC W-OR) Public Transportation and Utility Projects, Page 7 (August 2007) Public Transportation and Utility Projects, Page 8 (August 2007) Public Transportation and Utility Projects, Page 9 (August 2007) Instructions for the Standard Application HELP 3: Attach a copy of the County Soil Survey map for the project area. HELP 4: Please note that a PART II: PUBLIC ROAD MAINTENANCE SHORT FORM has been developed for use with maintenance projects that qualify as either minor or emergency work impacting: minor or emergency work impacting less than 10,000 square feet of wetlands subject to the WCA, OR ❑ minor or emergency work impacting less than 10,000 square feet of certain DNR Public Water Wetlands (i.e., those not assigned a shoreland classification, not classified as lacustrine wetlands or deepwater habitats, or not having state or federal land ownership), provided a copy of this form is sent to the DNR Waters area office prior to initiation of the project, OR ❑ DNR Public Water Wetlands and wetland areas of DNR Public Waterbasins when the DNR has received a copy of the Public Road Maintenance Short Form Notice and has waived the requirement for a DNR Public Water Work Permit to either the LGU responsible for WCA or the public road authority responsible for reporting wetland impacts to the Board of Water and Soil Resources, OR a Existing public road crossings of DNR Public Waters. Contact the DNR Waters Area Hydrologist if assistance is needed on shoreland, lacustrine or deep -water determinations. HELP 9A: See www.dnr.state.mn.us/watersheds/mal).htnil for a state map with watershed names and numbers. HELP 9B: For wetland type/classification, refer to Weiland 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. Seasonally flooded basin SFIB Type 1 Floodplain forest Ffor Type IL Sedge meadow SeMe Type 2 Fresh (wet) meadow WM Type 2 Wet to wet-mesic prairie WmP Type 2 Shallow marsh Sh Ma Type 3 Deep marsh DpMa Type 4 Shallow open water OpW Type 5 Shrub swamp ShWw Type 6 Wooded swamp WoSw Type 7 Bog BOG Type 8 HELP 13: Other permits, reviews or approvals related to the project may include the following: conditional use permit; National Pollutant Discharge Elimination System permit; state disposal system permit (includes dredged material disposal: watershed district/watershed management organization permit (storm water, erosion, Foodplain); groundwater appropriation permit; or county/township driveway/road permit. If you do not know whether your project requires state Environmental Assessment Worksheets or Environmental Impact Statements, contact the Environmental Quality Board, 658 Cedar Street, St. Paul, MN 55155. Phone 651-297-1257. e- mail: eqb@nmplan.state.mn.us. Web site: www.mnolan.state.mn.us/eob/review.htn3l. Contact the State Historic Preservation Office for a determination. Phone: 651-296-5434. email: mnshpo@mnhs.org HELP 14: If you wish to obtain information on state -listed threatened and endangered species and other natural resource elements contact the DNR Natural Heritage Program at 651-296-7963. HELP 17: Copies of the Application far Withdrawal of Credits forms are available from your LGU, or you may download a copy from www.bwsr.state.mn.us Public Transportation and Linear Utility Projects Instructions, Page 1 HELP 19: Describe, in detail, how mitigation wetland(s) will be constructed. If several methods will be used describe each method. Details should include: 1) type of construction (such as excavated in upland, restored the tile break, restored by ditch block or revegetated); 2) type size and specifications of outlet structures; 3) elevations relative to Mean Sea Level or established benchmarks of key features (such as sill, emergency overflow or structure height); 4) what best management practices will be implemented to prevent erosion or site degradation; 5) proposed project start and end dates; and 6) a vegetation management plan. Attach this description on a separate sheet of paper labeled DESCRIPTION OF REPLACEMENT WETLAND CONSTRUCTION. For projects involving at least some project -specific replacement, include the following additional information: ❑ Two drawings to scale of the replacement wetland. Include both overhead view and profile view (side view or cross - sectional view). Without drawings, your application will be considered incomplete. ❑ For created replacement wetlands, include additional soils information (if available) that indicates the capability or 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 state of construction, the owner of any utilities involved must be notified. The landowners or contractor is responsible for giving this notice by calling Gopher State One -Call at 651454-0002 (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 date from one or more of the responding agencies. Such information may include (but not be limited to) the following topographic map, water table map, soil borings, depth soundings, aerial photographs, and environmental assessment and/ or engineering reports. HELP 21: If you do not have access to some of the information requested, or if you do not know your replacement ratio, call your LGU or SWCD office for assistance. Refer to Wetland Plants and Plant Communities ojMinnesota and ffirsconsin (Eggers and Reed,1997) as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers. What to include on Plans for the Standard Aoolication Detailed overhead views of impact site(s) and replacement site(s), as well as profile view(s) of replacement site(s) may be hand drawn, computer generated or professionally prepared, as long as they contain all necessary information clearly, accurately, and in adequate detail. Please include specific dimensions whenever possible. You may also include photos, if you wish. Overhead views of impact site(s) and replacement site(s) should include the following items that pertain to your project: I. Location and extent of shoreline, wetlands and water. 2. Section, township and range of site(s). 3. Location and dimensions of proposed project, structure or activity. Include length, width, elevation and other measurements, including old and new alignments, as appropriate. 4. For bridge and culvert projects, include hydrology and hydraulic reports as applicable. 5. Points of reference (such as existing bridges, culverts, landscape features). 6. Location of inlet and outlet structures. 7. Indication of north. 8. Location of spoil and disposal sites (if applicable). 9. Location of photo reference points for future monitoring of replacement site(s). Public Transportation and Linear Utility Projects Instructions, Page 2 Profile views (side or cross sectional views) of replacement site(s) should include the following items that pertain to your project: 1. Location and dimensions of proposed project, structure or activity. Include elevation, depth, soil profile, side slope, and other measurements as appropriate. 2. Proposed water level elevation. 3. Areas of wetland and upland plants established on replacement site(s). Other information 1. Property boundaries. 2. Location and extent of shoreline and water. 3. Location and dimensions of proposed project, structure or activity include length, width, elevation and other measurements as appropriate. 4. Points of reference (such as existing bridges, culverts or landscape features). 5. Location of inlet and outlet structures. 6. Indication of north. 7. Location of spoil and disposal sites (if applicable). Final Checklist Attachments must include: Project Locator Map Description of Work Completed (Question 12; if answered "Yes") Overhead View of Project Adjoining Property Owners (for projects that require a COE individual permit) Status of Other Approvals List Signed application for the Department of the Army Permit (Page 5) to seek Federal authorization of your project? Attachments may also include: Sequencing Considerations (Question 8; if additional space is needed) Listing of Special Consideration (Question 14; if answered "yes") SHPO archaeological or cultural resource determinations or surveys (Question 13; if required and if completed) If project includes any wetland banking, attachments must include: Application for Withdrawal of Wetland Credits If project includes any project specific replacement, attachments must include: 1) Description of Replacement Wetland Construction; 2) Vegetation Management Plan (HELP 19); and 3) Two drawings to scale (HELP 19) Preparing Your Application for Mailing. To apply for both state and Federal authorization, your application must include Pages 1-5, the Federal application (Page 7) and attachments as indicated on final Checklist (Instructions Section). Make three copies of the entire application and all attachments. Keep the original, and mail the three copies to the appropriate local, state, and Federal agencies (see below). Mailing your application. Mail a complete copy of your application to each of the local state, and Federal entities listed below. If you are using the Public Road Maintenance Short Form Notice include required attachments. LOCAL: Send to the appropriate Local Government Unit (LGU). Contact your county Soil and Water Conservation District (SWCD) office or the Board of Water and Soil Resources (BWSR) web site (www.bwsr.state.mn.us) for this information. SWCD offices are also listed on the BWSR web site. Public Transportation and Linear Utility Projects Instructions, Page 3 For local road projects that qualify for wetland replacement under the BWSR Public Road Replacement Program, also send a complete copy of the application and Page 6 with the TEP member signatures to BWSR Public Road Replacement Program 520 Lafayette Road North St. Paul, MN 55155 (phone 651-297-7965) STATE: Send to your area DNR Waters office, attention Area Hydrologist. Contact your county Soil and Water Conservation District (SWCD) office or the DNR web site (www.dnr.state.mn.us) for this information. Area offices can also be determined by contacting the applicable Regional DNR office: NW Region: 2115 Birchmont Beach Road N.E. NE Region: 1201 East Highway 2 Bemidji, MN 56601 Grand Rapids, MN 55744 Phone:218-755-3973 Phone:218-327-4416 Central Region:1200 Warner Road Southern Region: 261 Highway 15 South St. Paul, MN 55106 New IDm, MN 56073 Phone: 651-772-7910 Phone: 507 3.59-6053 FEDERAL: Send to the appropriate U.S. Army Corps of Engineers regulatory field office: Brainerd: U.S. Army Corps of Engineers, Regulatory Branch 10867 E. Gull Lake Drive N.W. Brainerd, MN 56401-9051 Phone: 218-829-8402 St. Paul: U.S. Army Corps of Engineers, Regulatory Branch Army Corps of Engineers Centre 190 5'" Street East, Suite 401 St. Paul, MN 55101-9051 Phone:651-290-5375 La Crescent: U.S. Army Corps of Engineers, Regulatory Branch 1114 South Oak Street La Crescent, MN 55947-1338 Phone:507-895-8059 Two Harbors: U.S. Army Corps of Engineers, Regulatory Branch 1554 Highway 2, Suite 2 Two Harbors, MN 55616 Phone: 218-834-6630 Public Transportation and Linear Utility Projects Instructions, Page 4 WCA/COE Joint Permit Questions Item 5. Proposed Timeline Bids will be received in February 2014. Construction is expected to begin in April 2014. Substantial completion and cleanup will be in late November 2014. Project closeout is summer of 2015. Item 6. Project Description The purpose of the project is to improve safety, ease projected congestion, and address necessary improvements to accommodate the future traffic growth related to the existing Chanhassen High School and other adjacent developments in the area. The need for the project is identified in the Carver County Transportation Plan (2007). Carver County is experiencing a high level of population growth, with most of the growth taking place in the central and eastern portions of the county. The cities of Chaska, Chanhassen, Victoria and Waconia are estimated to account for over half of the total County population by 2030. The 2030 County population forecast is almost triple the year 2000 population. Due to the current and expected future population growth, congestion in areas of central and eastern Carver County is expected to rise on County facilities, occurring frequently during the peak hours. Without the proposed project, the CSAH 18 corridor will continue to experience increasingly unacceptable levels of congestion and associated safety issues. Safety information, including crash data, is presented in Appendix F. The purpose of the specific impacts to the wetlands, as previously described, includes roadway fill impacts. Proposed Improvements This project involves reconstruction of the segment of CSAH 18 from approximately 800 feet east of CSAH 15 (Audubon Road) to approximately 700 feet east of CSAH 17 (Powers Boulevard), in the City of Chanhassen (see Figure 2a Appendix C). This project will accommodate safety and capacity improvements to the roadway facility, as well as drainage and stormwater management, access management and a pedestrian/bicycle facility. The construction plans have been developed to minimize impacts to wetlands, water and other natural resources. Several existing stormwater management ponds will be utilized to accommodate runoff from the additional pavement within the project area. Wetlands that are proposed to be impacted are located within the right of way and at the toe of slope of the existing roadway. Impacts are directly related to the proposed improvements. Item 8. Sequencing Considerations Wedand Impact Avoidance The No Build Alternative is the only alternative that would completely avoid wetland impacts. However, the No Build Alternative would not address current safety and capacity issues in the project area. Therefore, the No Build Alternative was considered to be not feasible. Alignments slightly to the north and to the south of the existing alignment were assessed; however, the least wetland impacts were found with the proposed alternative. Wetland Impact Minimization Remaining unavoidable impacts were minimized to the extent practicable with steeper side slopes through the highway sections that are adjacent to wetlands, thereby minimizing the roadway footprint through these areas. Side slopes for the proposed road improvement were generally 1:3 in the vicinity of wetlands and 1:4 elsewhere. Slopes steeper than 1:3 present vehicular safety issues and can require installation of guard rail. Guard rail can make snow removal more difficult Retaining walls were considered early in the planning process; however, the costs of installing them were prohibitive. Retaining walls would have required additional excavation of unstable soils and more surcharge than with a sloped design. Appropriate silt fencing and its proper installation will be specified on plan sheets for areas of the road improvement that are within 50 feet of wetlands. Anti -erosion measures will include rapid re -vegetation of side slopes with cover crops and eventually with appropriate MnDOT seed mixes. The widths of road lanes, medians, dedicated turning lanes and clear zones were designed according to State Aid Design Standards. While design exceptions from standards and guidelines in this Manual are sometimes possible, such exceptions incrementally diminish roadway safety. The two-way bicycle/pedestrian trail was designed according to standards and guidelines listed in the Minnesota Administrative Rules 8820.9995 State Aid Minimum Bicycle Path Standards and the MnDOT Bikeway Facility Design Manual, Design exceptions from standards and guidelines are sometimes possible, but such exceptions can diminish the safety of the trail. The trail alignment is adjacent and contiguous with the road. This design minimizes wetland impacts as a portion of the trail embankment is shared with the road embankment The boulevard width between the trail and proposed curb was reduced through the wetlands in order to further minimize wetland impacts. Onsite wetland mitigation was considered early in the planning process; however, the costs of acquiring right-of-way for a relatively small amount of required wetland mitigation was prohibitive. Purchasing existing credits from a suitable wetland mitigation bank within the same Major Watershed and Bank Service Area as the wetland impacts was cost-effective and would result in wetland mitigation that is already known to be functioning acceptably. Unavoidable permanent wetland impacts will be mitigated through the BWSR Road Replacement program (Item 17 Appendix A) and through an approved State Wetland Bank (Item 21 Appendix A). In areas where wetlands are immediately adjacent to the existing roadway toe -of -slope, temporary impacts due to muck removal to stabilize foundation soils, will be restored to preconstruction conditions by re -grading to original contours. These temporary impacts are quantified in Item 9B below. It is anticipated that temporary wetland impacts would not require mitigation other than restoration to pre -construction conditions. Temporary impacts will be stabilized with a combination of Types 1, 2, and 3 Rapid Stabilization methods. Type 1 is disk anchoring. Type 2 is application of mulch and hydraulic application of a tackifier. Type 3 is application of Seed Mix #190 in combination with fertilizer and tackifier. Item 9a. Impact Summary: Impacts to Lakes and Watercourses A Minnesota Department of Natural Resources (DNR) Public Waters Work Permit (Permit Number 2014-0526) has been issued for work within Bluff Creek (M-055-014) — Appendix D. Item 9b. Description of Wetland Impacts The proposed wetland impacts are located in Carver County, in the Minnesota River — Shakopee (33) Major Watershed and Bank Service Area 9 — Metro Area. Table 1 below lists the proposed impacts to wetlands located within the project area. The proposed wetland impacts are shown on Figures 3A through 3C (Appendix C). Refer to Item 6 for a complete description of the proposed project. A total of 1.88 acres of permanent wetland impact and 0.16 acres of temporary impact are proposed as a result of the roadway reconstruction. Of the 1.88 acres of impact, 0.33 acres are permanent and safety -related and 1.55 acres are not eligible for safety credits (See Appendix E and F for Safety information). The permanent safety -related impacts include 0.13 acres of impact to Bluff Creek, a DNR Protected Watercourse, and are associated with culvert replacement, grading, and rip -rap for culvert outfall within the channel north and south of Lyman Boulevard. As described in Item 8. Sequencing Considerations above, a total of 0.16 acres of temporary impacts will be restored to pre -construction conditions. Table 1: Wetland Impacts Located In Chanhassen Wetland ID, 1,/4 1✓4 Sec. Type: Eggers Predominant Total Permanent Temporary Topographic (T116N, Reed/ Vegetation wetland Roadway Roadway Setting R23W) Circ 39 area (ac) Impacts Impacts W-1A NE SW Shallow Cattail 0.14 0.02 ac 0.01 ac 23 marsh/3 W-1B NE SW Wet Reed canary 0.06 0.06 ac 0.00 ac 23 meadow/2 grass W-2 NE SE Wet Reed canary 0.8 0.8 ac 0.06 ac 22 meadow/2 grass, willow, NW SW common buckthorn, 23 W-10, SW NE 22 Wet Reed canary >20 0.00 ac 0.00 ac tributary meadow/2 grass, cattail W-11, Flow- SE NE 22 Shallow Reed canary >5 0.00 ac 0.00 ac through marsh/3 grass, cattail W-12, SE NE 22 Wet Diverse 0.2 0.00 ac 0.00 ac Isolated meadow/2 sedges, grasses, forbs W-13, SE NE 22 Wet Cattail, <0.1 0.00 ac 0.00 ac Isolated meadow/2 sedges, forbs Bluff Creek SE NE, NE N/A Reed canary >20 0.13ac * 0.00 ac SE 22 grass W-14, Flow- SE NE Wet Reed canary >5 0.86 ac 0.09 ac through 22 meadow/2 grass, green bulrush, sedge W-18, SW NW Seasonally Box elder, 0.2 0.00 ac 0.00 ac tributary 23 flooded maple, basin/11- buckthorn W-19 NE SW Seasonally Green ash >0.3 0.01 0.00 ac 23 flooded basin/iL Total Total Permanent Temporary impacts impacts (1.88 ac) (0.16 ac) 0.16 ac Restored to pre - construction conditions Propcs d impacts at the edge of Bluff Creek consist of replacing culverts, grading. rack rip rap lining for outfall of culverts within actual channel north and south of Lyman Boulevard. Channel cross-section characteristics will be modified to accommodate the realigned culverts. Item 13. Status of Other Approvals The Environmental Assessment Worksheet (EAW) was published in the Environmental Quality Board (EQB) Monitor on November 19, 2007. Public comments were accepted through December 19, 2007. A Negative Declaration was issued by the Carver County Board at the regularly scheduled meeting on January 22, 2008. In addition to the approved EAW, and negative Declaration other permits in -hand are: a National Pollutant Discharge Elimination System (NPDES) permit, MnDOT work permit, MnDNR Public Waters Work permit (Appendix D), and a Minnesota Department of Health (MDH) permit. 7t "-CS W1/ jv�fro n9iwn gmn March 4, 2014 Mr. Todd Gerhardt, City Manager Mr. Terry Jeffery, Water Resources Coordinator City of Chanhassen 770 Market Blvd, PO Box 147 Chanhassen, MN 55317 Subject: PPB Holdings, LP Lyman Boulevard (CSAH 18) Wetland Mitigation Plan MFRAff19951 Dear Mr. Gerhardt and Mr. Jeffery: CITY OF IVg CHANIik>1SEN A MAR 0 5 9014 ENGINEEANG DEPT. We have reviewed the Lyman Boulevard wetland mitigation plan prepared by SRF Consulting on January 15, 2014. The following comments should be included in a revised mitigation plan: 1) Wetland 1A should be noted as fully impacted and included in the mitigation plan since the wetland will be drained with the proposed street and storm sewer improvement project This has been previously discussed at the Technical Evaluation Panel meeting on February 19, 2014. a. Action required: Revise the wetland permit to fully impact wetland SA and include in the mitigation requirements. 2) The Lyman Boulevard construction documents show a 24" culvert crossing (near plan Station 209+50) that conveys water from the north side of Lyman Boulevard to the south side where the PPB Holdings property is located. Public water that wit[ be conveyed through the 24" culvert will discharge on private property without an easement or a defined ditch at a minimum 1% slope to convey the water toward Bluff Creek along the south side of Lyman Boulevard. The construction plans should be revised to connect this flow of water to the Lyman Boulevard storm sewer system rather than discharging the water on private property. Alternatively, the water could be conveyed in a pipe to the northwest corner of the PPB Holding property and discharged to the ditch located west of the PPB Holdings property. If the current plan were constructed with the 24' culvert in the current location, without a defined ditch, the project would have a negative impact on the PPB Holdings property and cause potential flooding on the PPB property. There will potentially be more water discharging through a 24' pipe rather than the existing 18" culvert crossing, as well the original roadway culvert was only a 15' culvert The proposed toe of slope elevation is also 0.5 to 1.0 ft higher than the existing road toe of slope, this will as well negatively impact the PPB Holdings property with potential flooding in the area. a. Action required: Revise the 24" culvert crossing eliminating the discharge of public water on private property. Page 2 of 2 3) The mitigation plan does not identify the complete wetland impact area in the area of Wetland u2 for the construction project. Along the north line of the PPB Holdings property, the impact area aligns with the toe of slope for the proposed roadway. The impact area needs to be expanded to account for the full area of wetland impact that results from the grading operations that will occur beyond the toe of slope where a ditch will be needed to convey the water. A ditch cross section, similar to the ditch shown from 206+50 and 207+00, is required to convey the flow to the west toward Bluff Creek. The current plan does not show the ditch with a minimum 1%ditch slope to convey the water from the PPB Holdings property to Bluff Creek. a. Action required: Revise the mitigation plan to show the complete wetland impact area required for grading to construct at ditch at the toe of slope with a minimum 1% slope. The easement area needs to be revised to accommodate the grading of the ditch to provide positive drainage from the PPB Holdings property. Thank you for the opportunity to comment on the impact/mitigation plan. We look forward to reviewing the revised plan that addresses our comments. Sincerely, TZA cw-- Todd Nom, WDC Mark Anderson, PE LEED AP Environmental Scientist Director of Commercial Services I4-a5 CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: The application of Carver County Public Works for a Wetland Alteration Permit for wetland replacement for proposed impacts to five wetlands totaling 1.88 acres, as a part of the proposed Phase 3 of the CSAH 18 (Lyman Boulevard) Roadway Improvements project — Planning Case 2014-05. On March 4, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carver County for a wetland alteration permit to impact five wetlands. The total area proposed to be impacted is 1.88 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, and Planned Unit Development -Residential, and Bluff Creek Primary Corridor. 2. The property is guided in the Land Use Plan for Residential Large -Lot, Residential Medium - Density, Residential Low -Density, Office Industrial, Office Commercial, and Parks and Open Space. 3. The proposed project is located within the CSAH 18 (Lyman Boulevard) corridor between Audubon Road and Powers Boulevard (CSAH 17) 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: 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. The proposed wetland impacts that will occur with the Lyman Boulevard (CSAH 18) Roadway Improvements Project have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to address existing safety deficiencies and to provide for the present and future traffic needs of the area, improving safety and convenience for residents and recreationalists. b. The proposed project will be consistent with the objectives of the city's Comprehensive Plan and the zoning chapter of the City Code. The proposal is consistent with the objectives of the citys Comprehensive Plan and City Code. It complies with all city, state andfederal requirements. The proposed roadway improvements and trail construction is shown in the City's Future Park & Recreation Initiatives map and are consistent with City and regional trail plans. The roadway improvements and trail construction will improve safety and ease congestion within the project area. c. The proposed project will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands through steepening side slopes and use of existing stormwater treatment structures. Currently, the proposed project is located within an area that includes single family residential neighborhoods, Agricultural land, Chanhassen High School and the Bluff Creek Primary Corridor. The proposed project would provide safety improvements for residents, drivers, and recreationalists, as well as providing a connection to existing andfuture trails and neighborhoods, as well as Chanhassen High School, 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 Parks and Open Space, Mixed Use, Residential Low - Density, Residential Medium -Density, Residential Large -Lot, and Office/Commercial. 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 schools, by providing a safer roadway andpedestrian 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 roadways will continue to be maintained by Carver County, and trails will continue to be maintained by the City of Chanhassen. Both proposed roadways and trail will be designed and constructed according to city standards. f. The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed wetland impacts associated with the Lyman Boulevard (CSAH 18) Roadway Improvement Project will not create excessive need for public facilities and services. The roadway improvements project requires some additional services required by the city associated with trail maintenance. In addition, the proposed roadway improvements project are foreseen as an enhancement to economic community welfare, by providing safety improvements and accessibilityfor 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 eased congestion, improved sight lines, safer approaches, increased accident reduction potential, and will provide safer conditions for both pedestrian and vehicular traffic. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 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. 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 minimise 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 steepening side slopes and use of existing stormwater treatment facilities. (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. The applicant is in process of obtaining the necessary permits from the Minnesota Department of Natural Resources for any necessary work within Bluff Creek. (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 0 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 December 20, 2012. The applicant is proposing to replace the impacted area using wetland bank credits. The required replacement ratio is 2:1. This is consistent with Chapter 8420.0522. of the Wetland Conservation Act (WCA) Rules, and City Code, Chapter 20, Article VI. (9) Dedicated buffers in accordance with sections 20-411. The applicant must comply with the City's Wetland Protection Ordinance. In order to accommodate the reconstruction, the plan proposes impacts to five wetlands totaling 1.88 acres of permanent wetland impact. The applicant, Carver County, is proposing to replace the permanently impacted area resulting from safety -related improvements (.33 acres) using wetland bank credits from the Board of Water and Soil Resources (BWSR) roadway replacement bank, and the impacted area resulting from non -safety -related improvements (1.55 acres) using credits from wetland bank #1392. hi 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 The Planning Commission recommends that the City Council approve the application of Carver County for a Wetland Alteration Permit for wetland replacement for proposed impacts to five wetlands totaling 1.88 acres, as a part of the proposed Phase 3 of the CSAH 18 (Lyman Boulevard) Roadway improvements project. ADOPTED by the Chanhassen Planning Commission this 4th day of March 2014. CHANHASSEN PLANNING COMMISSION BY. _ Its Chairman 0 I L}--05 Chanhassen Planning Commission — March 4, 2014 26. The engineer shall show the truck turning movements in the loading area on the plan. 27. The plan must follow all applicable State and Federal guidelines, including ADA standards for the sidewalk reconstruction. 28. Sanitary sewer and water main to be installed for this project shall be privately owned and maintained. 29. The applicant shall work with staff to develop a revised landscaping plan, which shall be submitted for review and approval prior to issuance of a building permit. Additional landscaping shall be installed along the north property line. Suitable species for the area next to the building include arborvitae, such as Techny, and columnar trees such as Apollo or Sugar Cone maple. To block views of the truck loading docks, the applicant shall install a hedge along the property line north of the loading docks. The shrub materials selected should provide year round coverage to a mature height of at least 5' — 6'. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mark Undestad joined the Planning Commission at this point. PUBLIC HEARING: LYMAN BOULEVARD WETLAND ALTERATION PERMIT -PLANNING CASE 2014-05: REQUEST FOR WETLAND ALTERATION PERMIT FOR PROPOSED ROADWAY RECONSTRUCTION AND IMPROVEMENT PROJECT OF THE SEGMENT OF CSAH 18 BETWEEN CSAH 15 (AUDUBON ROAD) AND CSAH 17 (POWERS BOULEVARD). APPLICANT: CARVER COUNTY. Jeffery: Thank you Chairman Aller, commissioners. Tonight we have before you the CSAH 18 Lyman Boulevard wetland alteration permit and Wetland Conservation Act replacement plan permit. The purpose of this permit is to insure that proper sequencing has occurred to *minimize the wetland impacts to the greatest extent practical and that we are in compliance with Chapter 8420 of Minnesota Rules that the replacement is adequate to replace the impacts that were unavoidable for this project. Not sure how many of you are familiar with the overall line of the project. In 2006 the County phased out, where'd we go? Phased out the project over 3 phases to go from Trunk Highway 41 in Chaska to Powers Boulevard. Phase I was drive by the high school so they started in the middle. I don't want it to be confusing. This gets referred to as Phase 3 even though it's the second phase of the project and that is the area to the right. Excuse me, on this photo. This is the project location. It extends from Audubon. From Audubon to Powers Boulevard with some pertinent areas as well. This has been a long time coming, as we talked about in, okay. (Having technical difficulties with computer) In 2007 the entire corridor was delineated from Trunk Highway 41 to Powers Boulevard. In 2008, close to 9 months they were able to permit the wetland replacement for phase 1 of the project, which is by the high school. That was two authorities. That was Chaska and Chanhassen and then the other players that we have. In December of 2012 the County came forward with a new wetland replacement plan and in January the Technical Evaluation Panel (TEP) met to discuss their proposed replacement plan. And at that time it was determined that because of the age of the delineation that they should go back. Update the data sheets for the delineated wetlands and field verify the location, just to make certain that conditions hadn't changed sufficiently to require a different wetland alteration permit and different mitigation. At that same TEP the applicant was SC"El: Chanhassen Planning Commission — March 4, 2014 told that they needed to provide additional information about safety needs for this project, and we'll talk about that in a little more detail later but with linear projects is the Board of Water and Soil Resources feels that there's a safety need they will replace that portion which is directly related to safety through the Minnesota wetland bank program. Anything pertinent to that, storm sewer, trails that wouldn't be considered safety, that has to be mitigated for on site or through purchase of wetland bank credits. So we had asked them to update that safety criteria. They updated the delineations. We noticed, we approved the delineation but that was since negated the County sent a letter in April requesting that we withdraw the approval for this project that we had submitted due to some concerns about access to Mr. Dorsey's property, who is here tonight. So that was withdrawn. hi August of that same year they came in just with a DNR permit alone fearing that they were starting to fall behind in schedule so the DNR permit was for the culvert crossing for Bluff Creek underneath Lyman Boulevard. That was approved a month and a half later. In 2013, October of 2013 Houston Engineering was retained to separately delineate those basins that were on Mr. Dorsey's property and the remainder was submitted then by SRF. All wetlands exclusive an area those, what was W-15, W-16 and W-17. Houston also submitted a memorandum requesting a no loss determination for one of the wetlands on the property. The boundaries for both delineations, the SRF and the Houston were approved. The no loss request was denied. That no loss request was appealed in January by MFRA on behalf of Mr. Dorsey. Excuse me, in February but after the decisions were made the County came forward with their application. The TEP met to discuss the appeal and at that time Mr. Dorsey brought it to our attention that his driveway is being cut approximately 5 feet adjacent to a wetland that was in question with the appeal. BWSR looked at it, we looked at it and decided that it was very likely that secondary impacts would result in draining of that wetland and that is that, the email you have in front of you. When it was decided BWSR sent out a memorandum. The County revised their impact and mitigation schedule accordingly. That arrived to us 2 hours after the packet went out to the Planning Commission. Therefore that's why this has been presented to you so we will, I'll show it up later for everyone to see but W-2 which was W-17, the impact changed from two hundredths of an acre to fourteen hundredths of an acre and then replacement would have to change concurrent, or commensurate with that. At this time we're here to address the amended application. Today, behind the first page, the second page of your document is a letter that was sent by MFRA that they would like to be considered with this. I believe MFRA is here and they'll probably speak to the letter at that time. So March 24t° I hope to have this before council to approve this plan so we can move forward on this project. We're looking to let it, they want to let it be in construction when the road restrictions come off. Here's the area we are talking about. The area in red, the outline in red is the construction limits for this project. The blue lines. Excuse me, the purple lines were the original 2007 delineation. The blue lines were the 2013 update. I want to point out one thing. If you look, you can't read the numbers but if you look at 70 to 71, there's a line connecting them. That is not in fact the limits of the wetland. It is the limits of the access we had to the property so no wetland delineation has been approved beyond that area. This wetland, so this is W-15, 16, and 17. In the Houston report, which I'll show you the figure next, they become Wetland 2 and then Wetland 17 is divided into Wetland IA, which is the larger basin here, and Wetland I B. So again the point of the application process and the point of the WCA replacement plan is to assure that sequencing is met. That they have one avoided. That's not possible. Then they have minimized and replaced impacts that occurred. There are State standards for safety of roads so for instance what you're seeing are just the typical profiles. I took 205, 2055 and 206. The side slopes are 3 to 1, which is the minimum The maximum allowed slope. There's clear zone there. There are other considerations so they have satisfied BWSR safety requirements for the road replacement and they are meeting State guidelines for safety reasons. Now I talked earlier about the difference between a safety and a non -safety. We have BWSR will replace or the ones that they have to either replace through mitigation on site, which is difficult with linear corridor where there's a lot of wetlands already. Very little opportunity for replacement wetlands. The areas that are cross hatched or checkered, that is the areas that are considered so they're just the narrower strips along the edge. They're the ones that are considered necessary for the project and they meet the safety requirements. BWSR will replace for those. The ones that arejust the diagonal hatching are non -safety and therefore the County Chanhassen Planning Commission — March 4, 2014 will need to mitigate for those. So Wetland 1A. This was the original submittal prior to, prior to the Technical Evaluation Panel reviewing the appeal, and at that time they were just going to impact this comer and they felt that two hundredths of that would be permanent and there'd be one hundredths of temporary while they worked in it and then they would restore that but given the profile. The cutting down to the road here and the driveway here, it seems pretty evident that, that it will likely drain so we asked SRF to either provide evidence that it would not drain or to include it in the mitigation plan. So this was the revised figure that they have provided and the calculations for mitigation has been revised accordingly, which we'll see on the next slide. So back again so over here we have Bluff Creek alignment coming through and that was permitted separately through the DNR. Through the design of that there's been several iterations of this to improve the flow hydraulics through that area. It was a sharp hairpin turn. To minimize wetland impacts. To provide self mitigation in that area and to improve downstream water quality by eliminating the head cut and scour that might otherwise occur. They also, this is looking at it, looking down it from the outfall on the south side. They have submerged the box culvert so that they can have a rock substrate so they can mimic natural stream conditions. So they went from just a regular culvert to, they did take great pains to do what I feel is a very good design and minimize impacts there. So the original submittal, the one that is in your packet is in the Table to the left. Before Wetland 1 A impact and really the difference is in column 3. So what we have here, we have the total impacts that are safety related. That adds up to be thirty three hundredths of an acre and that remains the same after we deal with 1 A, because that's non -safety related. Everything has to be mitigated for in this case at a 2 to 1 ratio so BWSR will replace sixty six hundredths of an acre under both scenarios but we're approving the scenario on the right. With the new twelve hundredths of an acre impact the total non -safety related impacts increase from 1.55 acres to 1.67 acres meaning the mitigation required at 2 to 1 is three and thirty four hundredths acres of mitigation and that is to be purchased from a private wetland so there really is limited opportunity for on site mitigation. So with that is all I have on this. There is, happy to answer more questions. I have changed the motion to reflect what we have going on and to reflect, we are actually talking about the replacement amount and not the impact amount. Those were the numbers that were in there so this is a public hearing and I am, staff is recommending that we approve as submitted in the February revision. Aller: Comments or questions at this point. Okay once again, it's a great report and I appreciate your updates and for those that are watching or are here present, that information which we have received today will be made part of the packet. Obviously it's not in the packet on the website yet but it will be and it will certainly be out before the City Council when they meet on this as well. With that I will open the, or I'll listen to, is there an applicant here that wants to present? Jeffery: No, there's no one from the County here. Aller: No. No one from the County. So we will open the public hearing at this point and then anyone wishing to speak for or against or make comment on the motion before us can do so at this time should they desire to do so. Welcome. If you could state your name and address for the record, that'd be great. Mark Anderson: Certainly. Mr. Commissioner, or Mr. Chair and Planning Commission. I'm Mark Anderson. The civil engineer with MFRA representing PPB Holdings property at 1501 Lyman Boulevard. We had provided a comment letter to Mr. Jeffery today and I understand it's part of your packet and we had identified three comments in that letter relative to the proposed wetland mitigation plan. The first one, as Mr. Jeffery has pointed out has been addressed now with the revised information and so we appreciate their willingness to make that adjustment per the comments that were brought forward at the TEP meeting earlier this month. Or later in February actually. The second and third items in our comment letter relate to a culvert that's proposed as part of the Lyman Boulevard plan. I've got the County plan set here on the table here. Maybe it can be shown on the overhead just to give you a sense of where this is at. 1501 Lyman Boulevard, owned by PPB Holdings is located here and there's a 24 inch 10 Chanhassen Planning Commission — March 4, 2014 culvert proposed to cross and drain water from the north side of Lyman Boulevard to the south where PPB Holdings property is located. It's currently an 18 inch culvert being upsized to a 24 inch and historically it was 15 inch prior to the road improvements that have been made in the past. So the pipe size has increased over time and is now proposed as a 24 inch as part of this plan. The concern we have, along with the pipe size being increased is that there's no easement in the area of this orange arrow. Approximately 250 feet from the point of discharge for that 24 inch culvert to the west property line of PPB Holdings and we brought that to the County's attention a few weeks ago. Both in person and in a letter. In the letter they addressed to us February 25i', I've got copies if you're interested but under their item number 2 it says we're reviewing the need for additional permanent drainage easement and that's for this 24 inch pipe. So they are aware of it. The reason we wanted to comment today is that as we work through that with the applicant it could quite likely change the wetland mitigation plan depending on whether they convey that water in a ditch or pipe or some other method such that public water isn't being discharged onto our client's property and so I guess what we're interested in this evening is for the Planning Commission to add a condition to the approval, because we're not looking to hold this project up but we know this is something that needs to be addressed and that condition might be such that the applicant work with PPB Holdings to resolve the drainage easement and drainage needs for the public water that's being conveyed on their private land. So with that said, that's our intent would be to see if Planning Commission would consider adding that condition. Yeah I guess depending on, again how it's resolved it could mean additional wetland impact. Right now the wetland impact is limited to the toe of slope that's shown on the County drawings and downstream to the west of PPB property there is a ditch shown here. I think Ryland Homes is developing some of this and so they've shown a ditch in the cross section. That ditch may need to continue onto our client's property to that 24 inch pipe. If that were the case there could quite likely be additional impacts that haven't currently been identified in that report that you're considering this evening. As well, as we review these grades the area is very flat and it's also higher than the existing toe of slope and so it's pushing this water further into our client's property as well the toe of slope is at a higher elevation than the existing condition so we'll have additional impacts on the hydrology of their property so that's what we're looking to resolve with further consideration with the County so we don't have those negative impacts on the property and they also obtain the necessary permanent easement that they need to convey that water. So those items along with the potential change to the wetland impact report is why we're asking for an additional condition be considered tonight. Aller: Thank you Mark Anderson: Thank you Aller: Anyone else wishing to speak for or against the items before us? Seeing no one I'm going to close the public hearing and I guess I'll redirect some questions to Mr. Jeffery. In response, I know that the County is taking a look at these. They're continuing to take a look at these. What would the City's position be with regard to any potential modifications? Jeffery: Chairman Aller, your response. You do have the response letter with the packet and that will also be made available. Any additional wetland impacts regardless of the reason for those wetland impacts would have to come back to this body for review and approval. It would be up to this body's discretion if they wanted to add some specific language in it but the County is aware that if they had additional impacts they would have to mitigate for those impacts and get approval and show that they are unavoidable. Aller: Okay. Aanenson: I just need a point of clarification. This is going to the City Council on March 20 11 Chanhassen Planning Commission — March 4, 2014 Jeffery: 20, correct. Aanenson: Could they or could they not modify it if it has not been noticed for additional impact? Jeffery: This, they would not have, through our wetland alteration permit process they would not have time to get notice. It would have to come in as a separate application at that time. It could not be part of this application and still meet the deadlines that are set. So I guess I could get a clarification from BWSR if a memorandum of change would be sufficient in this case. You know they have specific stipulations for when and when you cannot but either way it would have to be reviewed and council is the ultimate deciding body. Aller: Sure. Jeffery: Certainly could go directly there. I guess the question for me is, does this body want to make a recommendation to the County to direct them to do something. Aanenson: That's my point of clarification too because they're directing you to do something I'm not sure that's in your purview to do that so that's why I was trying to track, it's going to be the County reviewing the easement for the pipe and what the additional impacts are. Jeffery: Correct. Aanenson: That's why I'm seeing if you could, if that could just be funneled through to the City Council if we have that information before that meeting. Otherwise I'm not sure that you would have enough information to make a decision at this point. Aller: Right. Aanenson: That's what it seems like. Aller: Any impact of a motion as before us would be to put it before the City Council if they don't come up with a good resolution at City Council. Obviously it could be denied at City Council or it could be put back. Jeffery: Chair Aller what is before you right now is the impact and replacement plan that has been presented that staff feels meets sequencing under Chapter 8420 of Minnesota Statute or Minnesota Rules as well as our wetland alteration permit process. That does not preclude additional impacts from coming at that time. They would need to be addressed as their own, on their own merits. Allen: On their own merits. Well it sounds like to me it would put more pressure on individuals to move it forward if we go ahead, if there is no objection or other objection as is. That still puts the pressure on the County to resolve the issue one way or another for City Council and then deal with any of those issues as they come up. Any comments? Discussion. Undestad: No I agree. Alley: Otherwise I'll entertain a motion. Undestad: I'll make a motion here. I make a motion that Chanhassen Planning Commission recommends the City Council approve Wetland Alteration Permit #2014-05 and WCA Permit #2013-01 to impact 1.88 acres of wetland and the replacement plan under Minnesota Rules Chapter 8420 which utilizes the 12 Chanhassen Planning Commission — March 4, 2014 purchase of 3.34 acres of wetland credit from Bank #1392 and 0.66 acres from the BWSR Road Replacement Program for the purpose of the reconstruction of the County State Aid Highway 18 (Lyman Boulevard) roadway improvements Project Phase 3, and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown on plans dated February 11, 2014, subject to conditions within the staff report and adoption of the attached Findings of Fact and Recommendation. Alley: Motion by Commissioner Undestad. Do I have a second? Yusuf: Second. Aller: Seconded by Commissioner Yusuf. Any other comments? Discussion regarding the motion. Undestad moved, Yusuf seconded that the Planning Commission recommends the City Council approve Wetland Alteration Permit #2014-05 and WCA Permit Number 2013-01 to impact 1.88 acres of wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase of 3.34 acres of wetland credit from bank #1392 and 0.66 acres from the BWSR Road Replacement Program for the purpose of the reconstruction of the proposed County State Aid Highway (CSAH) 18 (Lyman Boulevard) Roadway Improvements Project, Phase 3; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated February 11, 2014 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. An appeal has been filed on behalf of Mr. Rick Dorsey. This is an appeal of staff decision to deny a request for a No -Loss determination for Wetland IA. Any approval of mitigation quantities shall be contingent upon the outcome of this appeal. The county may hold any additional credits and apply those credits to future phases of the Lyman (CSAH 18) reconstruction project. 3. If it is determined that secondary impacts will occur to wetland 1 A as a result of the proposed improvements, these impacts will need to be mitigated for at a 2:1 ratio. 4. Welland 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. 5. 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. 6. The applicant must submit a Bill of Sale for Welland Banking Credits to the Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated wetland credits. 13 Chanhassen Planning Commission — March 4, 2014 7. 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. 8. A signed Landowner Statement and Contractor Responsibility form shall be provided to city prior to commencement of activity. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Aller: With that we'll move on to item 3 on the agenda. APPROVAL OF MINUTES: Commissioner Tennyson noted the verbatim and summary Minutes of the Planning Commission meeting dated February 18, 2014 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS: CITY COUNCIL ACTION UPDATE AND FUTURE PLANNING COMMISSION AGENDA ITEMS. Aanenson: We had none of the last council meeting. There was no planning items so we will have some on the neat one. Your last meeting that you did the two minor amendments on subdivisions so those will be going forward. I'll just move into future Planning Commissions if I may Mr. Chair. So at our next meeting on March 18'" we will have a subdivision, Boulder Cove which is on the north side of Highway 7. We met with Shorewood today just to make sure we've addressed some of their issues as it borders the two cities so I think we've got all those issues resolved. And in addition what's not on here but we will have a wetland alteration permit for County Road, excuse me. CSAH 61 and 101. That wetland permit will also be on so. And then we are set for the work session on April I' so we will be talking about that corridor study on 101/61. We'll also do a year end review on the projects that we did and then talk about, Terry will be talking about the new regulations for stormwater managements and there's a couple other code amendments that we'll probably talk about too so. With that if anybody else wants to add something I'd be happy to entertain that. We are working through a couple other subdivisions. Kind of finding their placeholders here but we do have some other projects in the pipeline so we anticipate we'll be filling up here. And I did have one other item. Maybe you want to discuss after the, after you adjourn informally but the Rotary Club is looking for a nomination for Distinguished Service Award so if you want to talk about it after you adjourn for a few minutes if you have a recommendation and want to submit a name, that would be great. So other than that, that's all I had Chair and commission members. Aller: Wonderful. And then just before closing I'll remind everybody that these matters that were before us today will be before the City Council on March 20. And with that I'll entertain a motion to adjourn. Undestad moved, Tennyson seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:45 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 14 PC DATE: March 4, 2014 CC DATE: March 24, 2014 CITY OF CHANHASSEN REVIEW DEADLINE: April 1, 2014 CASE #: 2014-05 BY: KS PROPOSED MOTION: The Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit #2014-05 and WCA Permit Number 2013-01 to impact 1.88 acres of wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase of 1.55 acres of wetland credit from bank #1392 and 0.33 acres from the BWSR Road Replacement Program for the purpose of the reconstruction of the proposed County State Aid Highway (CSAH) 18 (Lyman Boulevard) Roadway Improvements Project, Phase 3; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated January 13, 2014 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 County State Aid Highway (CSAH) 18 (Lyman Boulevard) Roadway Improvements Project. LOCATION: Lyman Boulevard (CSAH 18) between Audubon Road (CSAH 15) and Powers Boulevard (CSAH 17). APPLICANT: Carver County Public Works Attn: Lyndon Robjent, P.E. 11360 Highway 212, Suite 1 Cologne, MN 55322 lrobjentQa,co.carver.mn.us 952466-5200 PRESENT ZONING: Agricultural Estate (A2), Planned Unit Development -Residential (PUD-R) and Bluff Creek Primary Corridor. 2030 LAND USE PLAN: Parks and Open Space, Mixed Use, Residential Low -Density, Residential Medium -Density, Residential Large -Lot, and Office/Commercial ACREAGE: N/A DENSITY: N/A SC"ED Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 2 of 19 SUMMARY OF PROPOSAL Request for a Wetland Alteration Permit under Chanhassen City Code, Chapter 20, Article VI, Wetland Protection, and approval of a wetland replacement plan under the MN Wetland Conservation Act for the construction of the proposed Lyman Boulevard (CSAH 18) 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. APPLICABLE REGUATIONS • Chapter 20, Article IV, Conditional Uses: Wetland Alteration Permits follow the Conditional Use Permit criteria • Chapter 20, Article VI, Wetland Protection • MN Rules Chapter 8420.0500 through 8420.0526 PROPOSAL SUMMARY The Carver County Public Works Department is requesting a wetland alteration permit for wetland impacts as a result of the proposed Lyman Boulevard (CSAH 18) Roadway Improvements Phase 3 Project. The proposed project consists of reconstruction of Lyman Boulevard (CSAH 18) between Audubon Road (CSAH 15) and Powers Boulevard (CSAH 17) within the City of Chanhassen. The Carver County Public Works Department is proposing to improve the existing roadway by accommodating capacity and safety improvements to the roadway and its condition including access management and a multi -use pedestrianibicycle trail (see Figure 1). Construction for the proposed project is expected to begin in April 2014, with substantial completion and cleanup to be in late November 2014. Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 3 of 19 y.J� Fad YX-~ 4 J � l r Rom Cowlrrw sabow i HC M T 6! Project Location R" �j ►*a1 ■Awutown U116° cam► MW CHASKA; CHANHASSEN HAUUM =rCLO 3 e .Q acMrta -r. �c-r �Project locatwn oAac trail Stream y w Project Location CSAH 18 (Lyman Blvd) Reconstruction from CSAH 15 to CSAH 17 carver county, Minnesota Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 4 of 19 In order to accommodate the reconstruction, the applicant is proposing to impact five existing wetlands (W-IA, WI-B, W-2,W-14, and W-19), as well as Bluff Creek, a Minnesota Department of Natural Resources (DNR) protected watercourse (see Figures 1-3 below). 1-7 ....... . ........ — ------ C.S.A.H. I 8 (LYMAN BOUU---- U . LEGEND WINWETLAND OFACTS RPM3A CSAH 18 FROM AUCUWN ROAD TO POWERS OOULEVAAD Figure 1. Proposed wetland impacts as indicated in Figure 3A from application Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 5 of 19 tF e. SFr. �R .,1,Rww. tv.o .wns Q CD -- AGN f➢TY.<1fM 1.115 y wrrc occwn i s� vw.•gas IFwCH]IR / �1 � N _Ht,��=� t YIEIIN@1 - 1 W KAIRTj �� 1 Z I r 11ETIl@4 LL@K.n1 I � OIIK.nB/! UL91WETLAND WACTS Rom36 CSAH 16 FROM AUDUBON ROAD TO POWERS BOULEVARD ��OY�Y. SP O@SMOI]ISP OtO6nM01 SP 19t0a100f �>>.aa.l CAM.£R GOUMIY Figure 2. Proposed wetland impacts as indicated in Figure 3B from application Lyman Boulevard (CSAH Planning Case #2014-05 March 4, 2014 Page 6 of 19 18) Roadway Improvement Project Wetland Alteration Permit UL41WETLAND IMPACTS Fignx CSAH IB FROM AUDUBON ROAD TO POWERS BOULEVARD IS�O,�Ys SG OIOb1E-0IJr6 V. 016bllf�L Se 19�®JOVi y��� URIER roUNfv nrw�. Warr Figure 3. Proposed wetland impacts as indicated in Figure 3A from application The proposed wetland impacts resulting from the roadway improvements are divided into two categories: safety -driven impacts (impacts that result from the roadway construction and creation of the stormwater ponds) (.33 acres), and non -safety related impacts (impacts resulting from trail creation and other non -safety roadway improvements including increased capacity) (1.55 acres). Safety -related wetland impacts are eligible to be replaced using credits from the Board of Water and Soil Resources (BWSR) roadway replacement bank. Because the impacts for this portion of the proposed project are eligible for BWSR replacement credits, the required replacement ratio for the roadway and stormwater pond impacts are 2:1. Thus, .66 acres will be withdrawn from the BWSR Road Replacement Bank. The additional 1.55 acres of wetland impact associated with the multi -use recreational trail and non -safety related and increased capacity impacts will be mitigated for using wetland bank credits purchased by the County from account #1392. This wetland bank is located in the same Bank Service Area (BSA 9) and Major Watershed (33- Minnesota) as the proposed project. Therefore, the impacts are required to be mitigated for at a 2:1 ratio, resulting in the purchase of 3.1 acres of wetland credit from bank # 1392. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA) Rules (see Figure 4 below). Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 7 of 19 Table L' Summary of Wetland Impact Areas Related to Safety. Non -Safety. and Temporary Improvements Wetland ID Safety -Related Wetland Impacts (acre) Non Safety -Related Wetland Impacts [Outside Safety Improvements) (acre) Temporary Wetland Impacts (acre) W-lA 000 0.02 001 W 1-B 0.06 0.00 000 W-2 0.09 0.71 006 W-14 0.05 081 009 W-19 000 0-01 000 Bluff Creek 0.13 000 0.00 Total Wetland Impacts (ac I Safety-ReWted 0 33 acres Non Safety -Related 1.55 acres Temporary 0.16 acres Table 2: Summary of Proposed Wetland Mitigation for Each Wetland Impact within Project Area Wetland ID Safety -related Required Mitigation Non Safety -Related Required Mitigation Wetland Impacts (2:1) from BWSR Wetland Impacts (2:1) from Private Road Replacement Outside Safety Wetland Bank Credit Program Improvements Purchase (acre) (acre) (acre) (acre) W-1A 000 000 002 004 W 1-8 0.06 012 000 Self-mdrgatrng ditch - W-2 009 0.18 0.71 1.42 W-14 005 0.1 081 1.62 W-19 0.00 0.00 0.01 0.02 Bluff Creek 013 026 0.00 0.00 Total Safety -Related: Non Safety -Related: Wetland 0.33 acres 0.66 acres 1.55 acres 3.10 acres Impacts (acre) Figure 4. Summary of impacts from application Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 8 of 19 It has been discussed whether wetland basin IA will continue to maintain wetland characteristics after the project. The plans call for a cut of up to eight (8) feet at a point north of the wetland boundary. This is approximately four (4) feet below the elevation of the wetland bottom (see Figure 5 below). If it cannot be shown that the remnant portion of this wetland is viable, additional mitigation will be required for the secondary impacts associated with the road. The consulting engineer for Carver County is evaluating this and will provide a follow-up addendum. This addendum has not been received at the time of this staff report. Fed. Pro j. EBLYMAAN _.217- Q-MOO JED inu;ML �uw Rill I ' P O Figure 5. Cross Section at wetland lA BACKGROUND Carver County is experiencing a high level of population growth, with most of the growth taking place in the central and eastern portions of the county. The cities of Chaska, Chanhassen, Victoria and Waconia are estimated to account for over half of the total county population by 2030. Due to the current and expected future population growth, congestion in areas of central and eastern Carver Country is expected to rise on county facilities, occurring frequently during peak traffic hours. The Lyman Boulevard (CSAH 18) Roadway Improvements Project was deemed necessary in order to ease projected congestion, improve safety, and address future traffic growth. The need for the project is also identified in the Carver County Transportation Plan (2007). Lyman Boulevard (CSAH Planning Case #2014-05 March 4, 2014 Page 9 of 19 18) Roadway Improvement Project Wetland Alteration Permit The Lyman Boulevard (CSAH 18) Roadway Improvements Project involves reconstruction of the segment of Lyman Boulevard (CSAH 18) from approximately 800 feet east of Audubon Road (CSAH 15) to approximately 700 feet east of Powers Boulevard (CSAH 17), within the City of Chanhassen. The proposed project will accommodate capacity and safety improvements by reconstructing the current roadway from a two-lane undivided highway to a four -lane divided highway with medians and designated left turn lanes. The presence of the proposed medians will reduce the potential for head-on vehicle collisions. Additional crash data and safety information can be found in Appendix E and F of the Supplemental Information for the WCAI Corps Joint Permit Application, dated January 13, 2014. Other proposed safety improvements include improving sight lines by flattening grades and relocating dangerous approaches, as well as creating dedicated left turn lanes from eastbound Lyman Boulevard to northbound Audubon Road, an additional left turn lane from northbound Powers Boulevard to westbound Lyman Boulevard to accommodate increased traffic levels resulting from the new Chanhassen High School, and at the reconstructed intersection of Sunset Trail and Lyman Boulevard. A pork chop island is also proposed in the southwest quadrant of the intersection of Lyman Boulevard and Powers Boulevard in order to allow trail users refuge from heavy traffic as they cross Lyman Boulevard. Traffic signals will be push-button actuated for the benefit of pedestrians and trail users trying to cross Lyman Boulevard. The pork chop island will also serve to channelize heavy vehicular traffic turning from eastbound Lyman Boulevard to southbound Powers Boulevard. This channelization and the dedicated right turn lanes will decrease the potential for rear end crashes which result from conflicts between turning traffic and through traffic. Wetlands within the proposed project area were delineated in August of 2007 and approved by the City of Chanhassen. An e-mail chain (2010) appended to the WCA/ Corps Joint Permit Application approved the use of the Wetland Delineation Report, dated August 2007, completed by Barbara Walther of SRF Consulting Group (Appendix D of the WCAI Corps Joint Permit Application, dated October 23, 2012), for the Lyman Boulevard reconstruction. In 2013 the wetland delineation was updated by SRF Consulting Group Inc. and Houston Engineering Inc. Both boundary and type application updates were approved. The delineation identified 18 wetland areas within the proposed project areas, as well as Bluff Creek. The original Joint Permit Application was submitted in December of 2012. The current application and supplemental information has been submitted in order to clarify and respond to ongoing discussions since the original submittal. The proposed improvements will result in permanent impacts to five wetlands including a small area peripheral to Bluff Creek, described and shown as follows: Wetlands I and 1B: These wetlands were found to be historically one wetland basin, and are now separated by a constructed berm. Both are classified as Manage 2 wetlands under the city's wetland classification system. Wetland 1A is classified as a Type 3, Shallow Marsh wetland according to Fish and Wildlife Service Circular 39. Wetland 1B is classified as a Type 2, Fresh (wet) Meadow according to Fish and Wildlife Service Circular 39. Wetland I and I are located immediately south of Lyman Blvd within the right-of-way at 1551 Lyman Boulevard. Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 10 of 19 The proposed permanent impact to Wetland IA will be approximately .02 acres, and the proposed impact to Wetland I will be approximately .06 acres (see aerial photograph in Figure 6 below). Figure 6. Wetlands to and iB as identified in the Houston Engineering Report Wetland 2: This wetland is classified as a Manage 2 wetland under the city's wetland classification system. It is classified as wetlands Type 2, Fresh (Wet) Meadow according to Fish and Wildlife Service Circular 39. Wetland 16 is located immediately south of Lyman Boulevard (CSAH 18), and east of Bluff Creek. This wetland is a tributary wetland to Bluff Creek. The predominant vegetation species in the impacted area are Reed canary grass (Phalaris arundinacea), Cattails (Typha angustifolia), and Willow species (Salix spp.). The proposed impact area in this wetland is approximately .8 acres (see aerial photograph in Figure 7 below). Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 11 of 19 Wetland 14: This wetland is classified as a Manage 2 wetland under the city's wetland classification system, and a Type 2, Fresh (wet) Meadow according to Fish and Wildlife Service Circular 39. It is a flow -through wetland, located north and east of the intersection of Audubon Road (CSAH 15) and Lyman Boulevard (CSAH 18), which receives water from, and outlets to, Bluff Creek. The predominant vegetation in the impacted area is Reed Canary Grass (Phalaris arundinacea), green bulrush (Scirpus atrovirens), and Sedge species (Carex spp.). The proposed permanent impact to this wetland will be approximately .94 acres (see aerial photograph in Figure 8 below). Wetland 19: This wetland is classified as a Type IL, Seasonally Flooded Basin wetland according to Fish and Wildlife Service Circular 39. It is not classified under the city's wetland classification system. Wetland 19 is located immediately southeast of the intersection of Lyman Boulevard (CSAH 18), and Powers Boulevard (CSAH Tn. The predominant vegetation species in the impacted area is Green Ash (Fraxinus pennsylvanica).The proposed impact area to this wetland is approximately .01 acres (see aerial photograph in Figure 9 below). Lyman Boulevard (CSAH Planning Case #2014-05 March 4, 2014 Page 12 of 19 18) Roadway hnprovement Project Wetland Alteration Permit Bluff Creek: Bluff Creek is a Minnesota Department of Natural Resources Protected Watercourse. The predominant vegetative species in the impacted area is Reed Canary Grass (Phalaris arundinacea). The applicant is proposing .17 acres of permanent impact to Bluff Creek, associated with culvert replacement, grading, and rip -rap to be installed with the culvert. The applicant has obtained the necessary permits and approvals from the Minnesota Department of Natural Resources for the proposed work within Bluff Creek (Department of Natural Resources Public Waters Work Permit 2014-0526 can be found in Appendix D of the Supplemental Information for the WCAI Corps Joint Permit Application, dated January 13, 2014). ALTERNATIVES The Wetland Conservation Act requires the applicant to list at least two alternatives to the proposed project that would avoid or minimize impacts to wetlands or waters (one of which may be "no build" or "do nothing"). The applicant then must list and explain why the option described in the application was chosen over these alternatives. The following alternatives were presented in the Joint Notification Application submitted by the applicant: A No -Build alternative would entail making no changes or improvements to the existing roadway, and would result in no impacts to wetlands. Maximum capacity, and the associated safety issues, could be reached within only a few years at the current rate of growth within the vicinity of the proposed project. The traffic forecasted for 2034 indicates 26,500 vehicles per day (vpd) in the project area. This alternative does not feasibly meet the proposed project goals of safety improvement and congestion ease within the corridor. The No -Build alternative does not address the purpose and need for the project. Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 13 of 19 Alternative road alignments were evaluated to determine if impacts to the wetlands and Bluff Creek could be avoided and to identify minimization opportunities. Wetlands to be impacted as a result of the proposed project are located within the right-of-way, near or at the toe -of -slope of the existing roadway. Bluff Creek also flows under the existing Lyman Boulevard (CSAH 18) corridor, thus complete avoidance is not feasible. Trail Alternative The No Build Trail Alternative was considered and rejected because it would not serve to provide continuity in the regional trail system. The location of the trail on the north side of Lyman Boulevard (CSAH 18) was largely driven by the location of the trail segment constructed during Phase 1 of this roadway improvement, also on the north side of Lyman Boulevard. The construction of the new Chanhassen High School in 2009 on the north side of Lyman Boulevard also influenced trail location. 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 also been made by the applicant to minimize the proposed wetland impacts by creating steeper side slopes through the highway sections that are adjacent to wetlands, thereby minimizing the roadway footprint through these areas. The multi -use trail was designed to minimize wetland impacts to the greatest extent practicable without compromising project goals. Stormwater Management Stormwater runoff from the newly created impervious surface associated with the western portion of the project will be treated utilizing the Bluff Creek stormwater pond located immediately southeast of the intersection of Audubon Road (CSAH 15) and Lyman Boulevard (CSAH 18), which was constructed in previous phases of the Lyman Boulevard reconstruction. Runoff in the eastern portion of the project area will connect to an existing stormwater pipe that drains to an existing storm pond east of Powers Boulevard. Therefore, there will be no additional wetland impact due to creation of stormwater management facilities. Wetland Replacement Wetland replacement for this project will be accomplished via a number of methods; restoration for temporary impacts, BWSR roadway replacement bank, and wetland bank credits purchased from wetland bank #1392. The revised replacement plan proposes that .66 acres (.33 ac at a 2:1 ratio) resulting from the roadway safety improvements would be replaced with BWSR roadway replacement credits, and 3.1 acres (1.55 ac at a 2:1 ratio) resulting from non -safety -related wetland impacts be replaced by the County, using wetland bank credits purchased from wetland bank account #1392, located in the same Bank Service Area 9, and Major Watershed 33. Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 14 of 19 A total of .14 acres of temporary impacts will be made in areas where wetlands are immediately adjacent to the existing roadway toe -of -slope, due to muck removal and soil stabilization. These temporary impacts will be restored to preconstruction conditions by re -grading to original contours, and stabilized with a combination of Types 1, 2, and 3 Rapid Stabilization methods. 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 Lyman Boulevard (CSAH 18) Roadway Improvements Project have not been found to pose danger to public health, safety, comfort, convenience or general welfare. The goal of the proposed project is to address existing safety deficiencies and to provide for the present and future traffic needs of the area, improving safety and convenience for residents and recreationalists. b. The proposed project will be consistent with the objectives of the city's Comprehensive Plan and the zoning chapter of the City Code. FINDING: The proposal is consistent with the objectives of the city's Comprehensive Plan and City Code. It complies with all city, state and federal requirements. The proposed roadway improvements and trail construction is shown in the City's Future Park & Recreation Initiatives map and are consistent with City and regional trail plans. The roadway improvements and trail construction will improve safety and ease congestion within the project area. c. The proposed project will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. FINDING: The appearance and character of the general vicinity will not change. The applicant has made a reasonable effort to minimize impacts to wetlands through steepening side slopes and use of existing stormwater treatment structures. Currently, the proposed project is located within an area that includes single-family residential neighborhoods, agricultural land, Chanhassen High School and the Bluff Creek Primary Corridor. The proposed project would provide safety improvements for residents, drivers, and recreationalists, as well as providing a connection to existing and future trails and Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 15 of 19 neighborhoods and Chanhassen High School, 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 Parks and Open Space, Mixed Use, Residential Low -Density, Residential Medium -Density, Residential Large -Lot, and Office/Commercial. 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 schools, by providing a safer roadway and pedestrian and non -motorized recreational route. e. The proposed project will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. FINDING: Any changes to drainage structures or additional drainage structures needed as a result of the proposed wetland impacts will be designed and constructed by the applicant's contracted consultant in compliance with city design standards. Proposed roadways will continue to be maintained by Carver County, and trails will continue to be maintained by the City of Chanhassen. Both proposed roadways and trail will be designed and constructed according to city standards. f. The proposed project will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. FINDING: The proposed wetland impacts associated with the Lyman Boulevard (CSAH 18) Roadway Improvement Project will not create excessive need for public facilities and services. The roadway improvements project requires some additional services required by the city associated with trail maintenance. In addition, the proposed roadway improvements project are foreseen as an enhancement to economic community welfare, by providing safety improvements and accessibility for residents and recreationalists to local businesses. g. The proposed project will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. FINDING: The proposed wetland alterations are not expected to be detrimental to any persons, property or the general welfare. Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 16 of 19 h. The proposed project will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. FINDING: The proposed wetland impacts will not create nor interfere with traffic and surrounding public thoroughfares. When completed, the proposed roadway improvements will result in eased congestion, improved sight lines, safer approaches, increased accident reduction potential, and will provide safer conditions for both pedestrian and vehicular traffic. i. The proposed project will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. FINDING: The proposed wetland impacts associated with the project will have no impact on solar access, natural, scenic or historic features of major significance. j. The proposed project will be aesthetically compatible with the area. FINDING: The applicant has made a reasonable effort to minimize wetland impacts and retain aesthetical compatibility within the area. In addition, the proposed roadway improvements project will complement the area. k. The proposed project will not depreciate surrounding property values. FINDING: The proposed wetland impacts have been minimized to the greatest extent feasible, while still allowing for the roadway improvements project to occur. The proposed roadway improvements project will create a safer setting and will be an asset to the surrounding properties. 1. The proposed project will meet standards prescribed for certain uses as provided in the City code. 20-410 (b) When a permit is issued allowing wetland alteration, the following standards shall be followed: (1) The alteration will not have a net adverse effect on the ecological and hydrological characteristics of remaining wetland. FINDING: The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the ecological and hydrological characteristics of remaining wetland. Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case 42014-05 March 4, 2014 Page 17 of 19 (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 steepening side slopes and use of existing stormwater treatment facilities. (3) It shall not adversely change water flow. FINDING: The applicant must meet the included conditions for the proposed wetland impacts in order to avoid an adverse effect on the hydraulic and hydrological characteristics of remaining wetland. The applicant has obtained the necessary permits from the Minnesota Department of Natural Resources for any necessary work within Bluff Creek. (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. Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 18 of 19 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 December 20, 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 1.88 acres of permanent wetland impact. The applicant, Carver County, is proposing to replace the permanently impacted area resulting from safety -related roadway improvements (.33 acres) using wetland bank credits from the Board of Water and Soil Resources (BWSR) roadway replacement bank, and the impacted area resulting from non -safety -related impacts (1.55 acres) using credits from wetland bank # 1392. 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 #2014-05 and WCA Permit Number 2013-01 to impact 1.88 acres of wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase of 1.55 acres of wetland credit from bank #1392 and 0.33 acres from the BWSR Road Replacement Program for the purpose of the reconstruction of the proposed County State Aid Highway (CSAH) 18 (Lyman Boulevard) Roadway Improvements Project, Phase 3; and authorize the Water Resources Coordinator to sign the joint notification application for approval of wetland replacement as shown in plans dated January 13, 2014 subject to the following conditions: Lyman Boulevard (CSAH 18) Roadway Improvement Project Wetland Alteration Permit Planning Case #2014-05 March 4, 2014 Page 19 of 19 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. An appeal has been filed on behalf of Mr. Rick Dorsey. This is an appeal of staff decision to deny a request for a No -Loss determination for Wetland IA. Any approval of mitigation quantities shall be contingent upon the outcome of this appeal. The county may hold any additional credits and apply those credits to future phases of the Lyman (CSAH 18) reconstruction project. 3. If it is determined that secondary impacts will occur to wetland 1 A as a result of the proposed improvements, these impacts will need to be mitigated for at a 2:1 ratio. 4. 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. 5. 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. 6. 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. 7. 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. 8. A signed Landowner Statement and Contractor Responsibility form shall be provided to city prior to commencement of activity. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Joint Notification Application for Wetland Replacement, Attachments and Supplements. 4. Public Hearing Notice. G:\PLAN12014 Planning Casee12014-05 Lyman Boulevard WAP 1�k-os CITY OF February 26, 2014 CUMNSEN 7700 Market Boulevard Po Box 147 Lyndon Robjent, County Engineer Chanhassen, MN 55317 Carver County Public Works It 360 Highway 212, Suite I Administration Cologne, MN 55322 Phone: 952.227.1100 Fax:952.227.1110 RE: Lyman Boulevard Wetland Alteration Permit Extension of Replacement Plan Decision under the MN WCA Building Inspections Phone: 952.227.1180 Planning Case No. 2014-05 Fax:952.227.1190 Dear Mr. Robjent: Engineering Phone:952.227.1160 This letter is to inform you that, due to several developments throughout the Fax:952.227.1170 application process, the replacement plan decision for CSAH 18, Phase 3 will not be heard by City Council until March 24, 2014. As this is outside of the 60-day Finance Phone:952.227.1140 decision period, we are requiring an automatic extension of up to 60 days to make Fax:952.2271110 our decision. Thank you for your understanding. Park & Recreation Please contact me with any questions. I can be reached at 952.227.1168. Phone:952.227.1120 Fax 952.2271110 Sincerely, Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952227.1130 Fax: 952.227.1110 c: Lynda Peterson, BWSR Public Works Chip Hentges, Carver County SWCD 7901 Park Place Melissa Jenny, US Army Corps of Engineers Phone: 952.2271300 Claire Blesser, Riley -Purgatory -Bluff Creek Watershed District Fax: 952.227.1310 Rick Dorsey, PB Holdings Senior Center Phone: 952.227.1125 Fax:952.227.1110 Web Site www.ci.chanhassen.mn_us g1plan12014 planning c \2014-05 lyrnm boulevard waptfebruary 26-2014_exlention letta.docx Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 Date: January23, 2014 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: February 6, 2014 By: Krista Spreiter, Natural Resources Technician 952-227-1173 ksoreiterna.ci.chanhassen.mn.us Subject: CSAH 18 (Lyman Boulevard) Roadway Improvements Project — Request for Wetland Alteration Permit for proposed roadway reconstruction and improvement project of the segment of CSAH 18 between CSAH 15 (Audubon Road) and CSAH 17 (Powers Boulevard). Applicant: Carver County Planning Case: 2014-05 The above -described application for approval of a land development proposal was filed with the Chanhassen Planning Department on January 17, 2014. The review period ends on March 18, 2014. 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, stone 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 February 18, 2014 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than February 6, 2014. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: 7. Carver County a. City Engineer a. Engineer b. City Attorney b. Environmental Services -Paul Moline c. City Park Director d. Fire Marshal 8. Watershed District e. Building Official a. Riley -Purgatory -Bluff Creek f. Water Resources Coordinator (Claire Bleser) g. Forester b. Lower Minnesota River c. Minnehaha Creek 2. Carver Soil & Water Conservation District - Chip Hentges 9. Telephone Company (Qwest) 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources -Jack Gleason & Brooke Haworth 5. U.S. Army Corps of Engineers -Melissa Jenny 10. Electric Company (MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 6. U.S. Fish & Wildlife CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2014-05 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, February 18, 2014, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Wetland Alteration Permit for proposed roadway reconstruction and improvement project of the segment of CSAH 18 (Lyman Boulevard) between CSAH 15 (Audubon Road) and CSAH 17 (Powers Boulevard). Applicant: Carver County. A plan showing the location of the proposal is available for public review on the City's web site at www.ei.chanhassen.mn.us/2014-05 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Krista Spreiter, Natural Resources Technician Email: kspreiter(&ci.chanhassen.mn.us Phone: 952-227-1173 (Publish in the Chanhassen Villager on February 6, 2014) SCANNED 13 -63 Affidavit of Publication Southwest Newspapers CITY OF CHANHASSEN State of Minnesota) CARVER & HENNEPIN COES NOTICE OF PUBLIC HEARING )SS. PLANNING CASE NO. 201"3 County of Carver ) NOTICE IS HEREBY GIVEN thatthe Chanhassen Planning Com- mission will hold a public hearing on Tuesday, January 15, 2013, at 7:00 p.m. in the Council Chambers in Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized Chanhassen City Hall, 7700 Market agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- Blvd. Thepurposeof thishearingis lager and has full knowledge of the facts herein stated as follows: to consider a request for a Wetland Alteration Permit for proposed (A) These newspapers have complied with the requirements constituting qualification as a legal roadway reconstruction and im- newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as provement project of the segment amended. of CSAH 18 (Lyman Boulevard) between H 17 (15 (Audubon Road. g The printed public notice that is attached to this Affidavit and identified as No.11 ) &5 and CSAH 17 (Powers Boulevard). t ) li P d Applicant: Carver County. was published on the date or dates and in the newspaper stated in the attached Notice an said A plan showing the location of Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the proposal is available for public the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both review on the City's web site at inclusive, and is hereby acknowledged as being the kind and size of type used in the composition www.ci.chanhassen.nmus/2013-03 and publication of the Notice: or at City Hall during regular busi- ness hours. All interested persons are invited to attend this public abcdefghllkhnnopgrstuvwxyz hearing and express their opinions with respect to this proposal. �7/✓ VW Krista Spreiter, Natural Resources Technician y' Email: kspreiter@ci.chanhassen. Laurie A. Hartmann mn.us Phone: 952-227-1173 (Published in the Chanhassen Subscribed and sworn before me on Villager on Thursday, January 3, 201& No 4765) this day ofo 2013 JYMME JEANNEITE BARK NO'.ARt' Pl:Bl1C • Y:NNESOTA N ublic - - , Ift'COIINSSI011EXP;gES0Il31r8 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $3120 per column inch Rate actually charged for the above matter ............................................... S 12.59 per column inch SCANNED i3-o3 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2013-03 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 of the segment of CSAH 18 (Lyman Boulevard) between CSAH 15 (Audubon Road) and CSAH 17 (Powers Boulevard). Applicant: Carver County. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2013-03 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(g)ci.chanhassen.mn.us Phone: 952-227-1173 (Publish in the Chanhassen Villager on January 3, 2013) SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2013-03 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 of the segment of CSAH 18 (Lyman Boulevard) between CSAH 15 (Audubon Road) and CSAH 17 (Powers Boulevard). Applicant: Carver County. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2013-03 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: kWreiter@ci.chanhassen.mn.us Phone: 952-227-1173 (Publish in the Chanhassen Villager on January 3, 2013) 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: January 4, 2013 By: Krista Spreiter, Natural Resources Technician 952-227-1173 kspreiternq.ci.chanhassen.mn.us Subject: CSAH 18 (Lyman Boulevard) Roadway Improvements Project — Request for Wetland Alteration Permit for proposed roadway reconstruction and improvement project of the segment of CSAH 18 between CSAH 15 (Audubon Road) and CSAH 17 (Powers Boulevard). Applicant: Carver County Planning Case: 2013-03 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 b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest) 10. Electric Company (MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco