CAS-10_HIGHWAY 101 RIVER CROSSING/CR 6114-1b
CHANHASSEN CITY COUNCIL
REGULAR MEETING
APRIL 14, 2014
Mayor Furlong called the meeting to order at 7:05 p.m. The meeting was opened with the Pledge to
the Flag.
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilwoman Tjornhom, Councilwoman Ernst,
and Councilman Laufenburger
COUNCIL MEMBERS ABSENT: Councilman McDonald
STAFF PRESENT: Laurie Hokkanen, Paul Ochme, Kate Aanenson, Todd Hoffman and Roger Knutson
Mayor Furlong: Thank you. Good evening. Welcome everybody here in the council chambers and those
watching at home. We're glad that you joined us this evening. At this time I would ask members of the
council if there are any changes or modifications to the agenda. If not, without objection we'll proceed
with the agenda as published.
PUBLIC ANNOUNCEMENTS:
Mayor Furlong: First item tonight I'd like to extend an invitation to all Chanhassen residents and guests
to join us for our 311 Annual Easter Egg Candy Hunt. This is the second in a yearlong series of special
events sponsored by the City of Chanhassen and supported by our local service organizations and
business community. The Chanhassen Easter Egg Hunt is going to be held this coming Saturday, April
19t6 at 9:00 a.m, at City Center Park. It's open for children 12 years of age and under. We'll feature
candy hunt, coloring contest, prize drawings, special visit from the Easter Bunny. Should be a lot of fun.
It always is and with the snow gone it will make it a lot easier to find those eggs so with that I encourage
everybody to take a look at the City's website and check the Easter Egg Candy Hunt out this coming
Saturday, April 191, 9:00 a.m. at City Center Park.
CONSENT AGENDA: Councilwoman Ernst moved, Councilwoman Tjornhom seconded to
approve the following consent agenda items pursuant to the City Manager's recommendations:
1. Approval of City Council Minutes dated March 24, 2014
2. Receive Planning Commission Minutes dated March 19, 2014 and April 1, 2014
3. Resolution #2014-21: Approve Resolution Accepting Donations from Community Sponsor
Program.
4. Resolution #2014-22: Approve Purchase of Playgrounds and Park Shelter for Pioneer Pass Park
and Amendment to the Overall Pioneer Pass Park CIP budget from $350,000 to $377,000.
5. Resolution #2014-23: Lift Station #3: Approve Quote for Replacement of Standby Generator.
6. Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project: Request for
Wetland Alteration Permit for Proposed Roadway Reconstruction and Improvements of CSAH
61 and Highway 101 Crossing of the Minnesota River. Applicant: Carver County.
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Chanhassen City Council — April 14, 2014
7. Resolution #2014-24: TH 101 River Crossing Project, Approval of Extending Work Hours and
Night Work Hours.
8. Approval of Lease Renewal Agreement with Sprint for Cellular Equipment on the Downtown
Water Tower.
9. Award of Contract for Fourth of July Fireworks Display for 2014-16, Pyrotechnic Display, Inc.
10. Receive Park and Recreation Commission Minutes dated March 25, 2014.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Patrick Johnson: Hello. My name is Patrick Johnson. My address is 26350 Alexander Lane and that's
Shorewood, Minnesota. I want to thank you for the opportunity to address you this evening. I'm
speaking as the representative for the residents of Shorewood Oaks, Strawberry Lane, 621 Street and
Church Road. Earlier today you should have received a letter describing the.
Mayor Furlong: Excuse me, Mr. Johnson?
Patrick Johnson: Yes.
Mayor Furlong: Is this regarding the item later on our agenda, the Boulder Cove development?
Patrick Johnson: That is connect.
Mayor Furlong:
Okay. What I'd ask you to do is, if you could hold your comments til that item, we'll
make sure that they're addressed.
Patrick Johnson:
Okay. Will we be given a chance to respond at that time?
Mayor Furlong:
Yeah, we'll certainly provide public comment. There was a public hearing. We're not
going to repeat the public hearing. It was held at the Planning Commission.
Patrick Johnson:
Yep.
Mayor Furlong:
But I'd rather take up your comments in the context of that item rather than now in
advance of it.
Patrick Johnson: Very well.
Mayor Furlong: Anyone else under visitor presentations for an item not on our agenda this evening?
Okay, why don't we move to our first item on the agenda which is the Boulder Cove request for
preliminary plat and variances to subdivide 13.39 acres.
3 OUTLOTS ON PROPERTY ZONED RESIDENTIAL LOW & MEDIUM DENSITY (RLMI.
2
DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
180 FIFTH STREET EAST, SUITE 700
ST. PAUL MN 65101-1678
JUN 13 2014
REPLY TO
ATTENTION OF
Operations
Regulatory (2013-00692-MMJ)
Carver County Public Works Department
Lyndon Robjent, P.E.
Public Works Director, County Engineer
11360 Hwy 212, Suite 1
Cologne, Minnesota 55322
Dear Mr. Robjent:
Authority is hereby granted for Carver County to discharge fill material into
approximately 4.49 acres of wet meadow and shallow marsh type wetland associated with the
Southwest Reconnection Project, otherwise known as the Highway 101 & County State Aid
Highway (CSAH) 61 Bridge Crossing and Flood Mitigation Project. The project will also
include the re -alignment of an approximately 1,000 linear foot portion of Bluff Creek; back -
filling the existing creek channel will result in the discharge of fill material over an
approximately 0.47 acre portion of streambed below the ordinary high water mark (OHWM) of
Bluff Creek. The project site is located in the eastern '/2 of Section 35 and the western %2 of
Section 36 in Township 116 North, Range 23 West in Cities of Chanhassen and Shakopee,
Carver County, Minnesota; and the northern %2 of Section 1 in Township 115 North, Range 23
West in Shakopee, Scott County, Minnesota.
The authorized work is shown on the enclosed drawings labeled 2013-00692-MMJ,
Figures I of 7 through Page 7 of 7, and will be constructed according to submitted plan sheets
labeled Minnesota Department of Transportation (MnDOT), Carver County, Construction Plans
for S.A.P 101-661-002, S.A.P. 010-701-002, and S.A.P. 070-701-009 (pages 1-27), and bridge
plan sheets labeled as MnDOT State Project No. 1009-10004 (pages 1-11), which are hereby
incorporated as part of this Letter of Permission (LOP). This authorization is issued under the
provisions of LOP-05-MN. The authorized work includes:
1. The permanent discharge of fill material over approximately 1.98 acre of wet
meadow and 1.98 acre of shallow marsh type wetland associated with roundabout,
bridge and trail construction.
2. The permanent discharge of fill material over approximately 0.47 acre of streambed
below the OHWM of Bluff Creek.
3. The permanent conversion of approximately 0.53 acre of wet meadow and shallow
marsh type wetland to shallow open water wetland and deeper non -wetland aquatic
habitat, associated with storm water pond construction.
Operations - 2 -
Regulatory (2013-00692-MMJ)
The authorization is subject to the enclosed General and Standard Conditions and the following
Special Conditions (4):
1. The permittee (Carver County) shall compensate for permanent impacts to 4.96 acres of
waters of the U.S. associated with this project, at a 2:1 ratio, via the purchase of 9.92 wetland
mitigation bank credits as detailed below:
a. As compensatory wetland mitigation for the non -safety related portion of the
authorized activities (0.08 acre of permanent fill for the trail), the permittee shall debit
0.16 wetland credits from the German Settlement Wetland Bank (#1175) mitigation bank
in Scott County, Minnesota (Bank Service Area 9 &11). Mitigation types and quantities
shall be as follows: 0.16 acre of shallow marsh type wetland.
i. Prior to conducting the authorized work, the permittee shall provide a signed
Affidavit of Bank Credit Transfer from the German Settlement mitigation bank to
the following address:
U.S. Army Corps of Engineers
St. Paul District
AM: Melissa Jenny
180 5th Street East, Suite 700
St, Paul, Minnesota 55101
b. In addition, as compensatory wetland mitigation for the safety related portion of the
authorized activities (4.88 acres of permanent fill and excavation associated with
roadway improvements), a minimum of 9.76 credits shall be debited from Minnesota
Wetland Bank account #1096 (Vesledahl), part of the Board of Water and Soil Resources
(BWSR) Local Government Roads Wetland Replacement Program (LGRWRP), located
in Bank Service Area (BSA) 3. Mitigation types and quantities shall be as follows: 4.88
acre of wet meadow type wetland and 4.88 acre of shallow marsh type wetland. These
credits will be substituted for metro area credits (BSA 11) when they become available.
i. Prior to undertaking the activities authorized by this permit, the permittee shall
ensure that the Corps receives written notification from BWSR of the mitigation
bank transaction, specifying the mitigation bank used and the amount and type of
credits withdrawn.
ii. All documentation submitted shall include the file number MVP-2013-00692-
MMJ, and be submitted to the U.S. Army Corps of Engineers at the address
above, Attention: Melissa Jenny.
2. The existing Highway 101 crossing/causeway shall be removed, and the 9.82 acre area shall
be restored to [loodplain wetland conditions according to the attached removal plan dated
2/24/2014. labeled as 2013-00692-MMJ, Highway 101 Restoration Plan Pages I — 15. All
excavated material shall be disposed of in an upland location, in accordance with Minnesota
Pollution Control Agency (MPCA) guidelines for managing and disposing of dredged material in
the state of Minnesota.
Operations - 3 -
Regulatory (2013.M92-MMJ)
3. The permittee shall coordinate any other proposed additional wetland or water impacts with
the Corps of Engineers, including any temporary wetland impacts, to determine whether the
proposed work involves any additional regulated impact that requires further permit review or a
modification of this permit.
4. This permit is also subject to the stipulations detailed in the attached and executed
Memorandum of Agreement (MOA), among the St. Paul District Corps of Engineers, the
Minnesota State Historic Preservation Office (SHPO), and the Carver County Highway
Department, which was completed for this project to mitigate adverse effect to archaeological
site 21CR155. The permittee shall satisfy Stipulation I. B. of the MOA, and wait to receive a
notice to proceed from the Corps of Engineers prior to commencing work within or adjacent to
site 21 CR155.
If your project will require off -site fill material that is not obtained from a licensed
commercial facility, you must notify us at least five working days before start of work. A
cultural resources survey may be required if a licensed commercial facility is not used.
This federal authorization is issued under the provisions of Section 404 of the Clean
Water Act (33 U.S.C. 1344). It does not obviate the need to obtain other Federal, state or local
authorizations required by law. The time limit for completing the authorized work ends three
years from the date of this letter.
This letter constitutes an initial proffered permit and contains a signed copy of the
preliminary jurisdictional determination (JD) for your project. Also enclosed is a Notification of
Administrative Appeal Options and Process (NAP) fact sheet and Request for Appeal (RFA)
form which provide information regarding your right to object to these determinations.
If you object to the terms and/or conditions of this initial proffered permit, please see
Section I -A and complete Section II of the RFA and submit it to the District Engineer in
accordance with 33 CFR 331. Your objections to the initial proffered permit must be received
by the St. Paul District Office wtithin 60 days of the date of the NAP or you will forfeit your
right to challenge the terms or conditions of the permit.
Before accepting the RFA, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR 331.5, and that it has been received by the District or Division
Office within 60 days of the date of the NAP.
It is not necessary to submit an RFA form to the Corps District or Division Office if you
do not object to the initial proffered permit.
The preliminary JD prepared for the site described above is not appealable. The
preliminary JD is a written indication that there may be waters or wetlands subject to federal
jurisdiction on the site or an indication of the approximate location(s) of waters or wetlands on a
parcel. If you wish to receive an approved jurisdictional determination, please see Section I-E of
the NAP.
Operations - q _
Regulatory (2013-00692-MMJ)
If you have any questions, contact Melissa Jenny in our St. Paul office at (651) 290-5363.
In any correspondence or inquiries, please refer to the Regulatory number shown above.
Sincerely,
C/
Aco. Daniel C. Koprowski
Colonel, Corps of Engineers
District Commander
Enclosures
Copies furnished: (without attachments)
USFWS
Jack Gleason, MnDNR
Dennis Rodacker, BWSR
Claire Bleser, RPBCWD
Darin Mielke, Carver Co.
Chip Hentges, Carver SWCD
Krista Spreiter, City of Chanhassen
Deric Deuschle, SEH
LOP-05-MN
CLEAN WATER ACT SECTION 404 LOP TERMS, AND
CONDITIONS FOR THE STATE OF MINNESOTA
Project proponents should carefully read all of the
information below, with special attention to the General
Conditions section. These provisions and conditions apply
to all LOP authorizations in those portions of Minnesota
outside the external boundaries of Federally recognized
Indian Reservations. The St. Paul District web page:
www mvp iimce army mil/reug Iatorl also contains helpful
information.
GENERAL CONDITIONS
I. The time limit for completing work authorized by an
LOP ends three )cars after the date of the Corps'
authorization letter. If you find that you need more time to
complete the authorized activity, submit your request for a
time extension to the Corps for consideration at least three
months before the expiration date is reached.
2. You must maintain the authorized activity in good
condition and in conformance with the terms and
conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity. although
you may make a good faith transfer to a third pan). Should
you wish to cease to maintain the authorized activity or
should you desire to abandon it without a good faith
transfer. you must obtain a modification of this permit from
this office, which may require restoration of the area.
3. If you discover any previously unknown historic or
archaeological remains while accomplishing the authorized
activity you must immediately stop work and notify this
office of what you have found. We will initiate the Federal
and state coordination required to determine if the remains
warrant a recover) effon or if the site is eligible for listing
in the National Register of Historic Places.
4. If a conditioned water quality certification has been
issued for your project, you must comply with the
conditions specified in the certification as special
conditions to the LOP-05-MN authorization. A copy of the
certification will be attached to the LOP-05-MN
authorization if it contains such conditions.
5. You must allow representatives from this office to
inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been
accomplished in accordance with the terms and conditions
of LOP-05-MN.
STANDARD CONDITIONS
I. Suitable fill material. No dredged or fill material
discharged under this authorization may consist of
unsuitable material (eg.. trash, debris, car bodies. asphalt.
etc..) and material discharged must be free from toxic
pollutants in other than trace quantities.
2. Erosion control. Appropriate erosion control measures
must be used and maintained in effective operating
condition during construction and upon completion of
operations all exposed slopes. fills, and disturbed areas, as
well as any work below the ordinary high water mark must
be given sufficient protection by appropriate means to
prevent subsequent erosion. Work should be done in
accordance with stale -approved, published practices, such
as defined in the Minnesota Pollution Control Agency
Document, PROTECIING WATER OUALI IN IN
URBAN AREAS - BESSI MANAGEMENT PRACI ICES
FOR MINNISOTA.
3. Historic Properties and Cultural Resources No
activit)which may affect historic properties listed, or
eligible for listing, in the National Register of Historic
Places is authorized, until the DE has complied with the
provisions of 33 CFR part 325 Appendix C. Information
on the location and existence of historic resources can be
obtained from the State Historic Preservation Once and
the National Register of Historic Places.
4. Endangered Species No activity is authorized which is
like) to adversely affect a threatened or endangered
species or a species proposed for such designation, as
identified under the Federal Endangered Species Act, or
which is likely to destroy or adversely modify the critical
habitat of such species. except as noted in Section b below.
Non-federal permitices shall notify the District if any listed
species or critical habitat might be affected or is in the
vicinity of the project, and shall not begin work on the
activity until notified by the District that the requirements
of the Endangered Species Act have been satisfied and that
the activity is authorized.
Authorization of an activity does not authorize the take of a
threatened or endangered species as defined under the
Federal Endangered Species Act. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological
Opinion with incidental take provisions, etc.) from the U.S.
Fish and Wildlife Service or the National Marine Fisheries
Service. both lethal and non -lethal takes of protected
species are in violation of the Endangered Species Act.
Information on the location of threatened and endangered
species and their critical habitat can be obtained directly
from the offices of the U.S. Fish and Wildlife Service and
National Marine Fisheries Service or their World Wide
Web pages on the Internet.
If it becomes apparent that a Federally listed endangered
plant or animal species will he affected by work authorized
by this permit. work must he stopped immediately and the
St. Paul District of the Corps of Engineers must be
contacted for further instruction.
5. Diversions of Water. A LOP may not be used to
authorize all or any portion of a project that would divert
more than 10,000 gallon Jday of surface water or
groundwater into or out of the Great Lakes Basin.
6. State Section 401 Certification. The Minnesota
Pollution Control Agency (MPCA) has waived water
quality certification for authorizations under LOP-05-MN.
The MPCA has not waived your responsibility to comply
with the water quality standards contained in Minn. R.
7050 and other applicable MPCA statutes and rules.
7. Coastal Tone Management consistency
determination. The State of Minnesota has determined
that LOP-05-MN is consistent with the Minnesota CZ.M
program.
Further Information.
1. Congressional Authorities: You have been authorized to
undertake the activity described above pursuant to Section
404 of the Clean Water Act (33 U.S.C. 1344).
2. Limits of this authorization.
a. This LOP does not obviate the need to obtain other
Federal, state, or local authorizations required by law.
b. This LOP does not grant any property rights or
exclusive privileges.
c. This LOP does not authorize any injury to the property
or rights of others.
d. This LOP does not authorize interference with any
existing or proposed Federal project.
3. Limits of Federal Liability. In authorizing work, the
Federal Government does not assume any liability,
including but not limited to the following:
a. Damages to the permitted project or uses thereof as a
result of other permitted or unpermitted activities or from
natural causes.
b. Damages to the permitted project or uses thereof as a
result of current or future activities undertaken by or on
behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or
unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the
permitted work.
e. Damage claims associated with any future
modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this
office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you
provided.
5. Reevaluation of Permit Decision. This office may
reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a
reevaluation include. but are not limited to, the following:
a. You fail to comply with the terms and conditions of
this permit.
b. The information provided by you in support of your
permit application proves to have been false, incomplete, or
inaccurate (see 4 above).
c. Significant new information surfaces which this office
did not consider in reaching the original public interest
decision. Such a reevaluation may result in a determination
that it is appropriate to use the suspension, modification,
and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of
your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply
with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you
for the cost.
6. No activity or its operation may impinge or abrogate
reserved treaty rights, including, but not limited to.
reserved water rights and treaty fishing and hunting rights.
7. If you discover any previously unknown historic or
archaeological remains while accomplishing the authorized
activity you must immediately stop work and notify this
office of what you have found. We will initiate the Federal
and state coordination required to determine if the remains
warrant a recovery effort or if the site is eligible for listing
in the National Register of Historic Places.
g. Extensions. General condition L. above. establishes a
time limit for the completion of the activity authorized by
this permit. Unless there are circumstances requiring either
a prompt completion of the authorized activity or a
reevaluation of the public interest decision, the Corps will
normally give favorable consideration to a request for an
extension of this time limit.
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Carver County
IFile Number:2013-00692-MMJ
Dat
Attached is:
See Section below
X
INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission)
A
PROFFERED PERMIT (Standard Permit or Letter of Permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION 1- The following identifies your rights and options regarding an administrative appeal of the above decision. Additional
information may be found at htip://www.usace.arFny.miUcecw/ aQ�es/reg_materk!L;I�px or Corps regulations at 33 CFR Part 331.
A. INITIAL PROFERRED PERMIT: You may acceptor object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on
the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,
including its terms and conditions, and approve jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections
must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the
future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of
your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit
should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your
reconsideration, as indicated in Section B below.
B. PROFFERED PERMIT: You may accept or appeal the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on
the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit.
including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may
appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and
sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.
C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved 1D under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the
division engineer within 60 days of the date of this notice.
E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary 1D. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record
of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the
administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide
additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTION OR INFORMATION
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may also
process you may contact:
contact:
U. S. Army Corps of Engineers, Regulatory Branch
Administrative Appeals Review Officer
Attn: Melissa Jenny
Mississippi Valley Division
180 Fifth Street Fast, Suite 700
P.O. Box 80 (1400 Walnut Street)
St. Paul, Minnesota 55101
Vicksburg, MS 39181-0080
Telephone (651) 290-5363
(601)634-5821
(601) 634-5816 (fax)
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants,
to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site
investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
I14-I b
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
WETLAND ALTERATION PERMIT #2014-10
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants a wetland alteration permit for the following use:
For the purpose of the proposed Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project.
2. Properiv. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as follows:
See attached Exhibit A
3. Conditions. The Wetland Alteration Permit was approved subject to the following
conditions:
a. Wetland replacement shall occur in a manner consistent with the Minnesota
Wetland Conservation Act (MR 8420). The applicant shall receive the City's approval of a
wetland replacement plan prior to any wetland impact occurring.
b. Wetland buffer areas shall be preserved, maintained, and/or created around all
existing wetlands incompliance with Sections 20401 — 20421 of Chanhassen City Code.
c. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies, e.g. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources,
Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and
Army Corps of Engineers and comply with their conditions of approval.
d. The applicant must submit a Bill of Sale for Wetland Banking Credits to the
Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated
wetland credits.
SCANNED
e. The applicant must obtain, and the City must have received copy of, an
Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and
approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts.
f. A signed Landowner Statement and Contractor Responsibility form shall be
provided to City prior to commencement of activity.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. L,a se. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: April 14, 2014
2
SEAL
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
CITY OF CHANHASSEN
By:714
--7�L 1 l
Thomas A. Furlong, Mayor
By: / ^4i
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this _&* day of
20ILL, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City o
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
authority granted by its City Council.
VA 01AEN . ENGELHARaT
NPlMiryh4-
s;,;. M Commission EKPVe JW 31, 2015
W" ��l
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
See attached SEH Site Location and Topographic Map — Figure 1.
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland Alteration Permit Site Location Map
EXPLANATION
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Minnesota River Flood Plain Bridge Replacement eM Ilnprovemelrts 1
SEH Carver a Scott Counties, Minnesota
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CITY OF
C9AN3EN
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: 952227.1190
Engineering
Phone:952.227.1160
Fax:952.22T1170
Finance
Phone:952.227.1140
Fax:952.227,1110
Park & Recreation
Phone:952.227.1120
Fax:952.22T1110
Recreation Center
2310 Coulter Boulevard
Phone:952,227.1400
Fax:952.227.1404
Planning &
Natural Resources
Phone:952.227.1130
Fax:952.227.1110
Public Works
7901 Park Place
Phone:952.227.1300
Fax:952.227.1310
Senior Center
Phone:952.22T1125
Fax:952.227.1110
Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Krista Spreiter, Natural Resources Technician
DATE: April14,2014 6VQ4�
SUBJ: Highway 101 Minnesota River Crossing and CSAH 61 Improvements
Project Wetland Alteration Permit and Wetland Replacement Plan
Planning Case 2014-10
PROPOSED MOTION
"The Chanhassen City Council approves Wetland Alteration Permit #2014-
10 and WCA Permit Number 2014-01 to impact 4.96 acres of wetland and
the replacement plan under MN Rules Chapter 8420 which utilizes the
purchase of .16 acres of wetland credit from bank # 1175 and 9.76 acres
from the BWSR Road Replacement Program for the purpose of the
proposed Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project; and authorize the Water Resources Coordinator to
sign the joint notification application for approval of wetland replacement
as shown in plans dated December 20, 2013 subject to conditions shown in
the staff report.
And,
Adoption of the attached Findings of Fact and Recommendation."
City Council approval requires a simple majority vote.
EXECUTIVE SUMMARY
The proposed project consists of reconstruction of CSAH 61 and the Highway 101
crossing of the Minnesota River, within the cities of Chanhassen and Shakopee. The
Carver County Public Works Department is proposing to improve the existing
roadway and river crossing by constructing a new 4,226-foot long, four -lane bridge
over the Minnesota River Floodplain Area and providing roadway safety and capacity
improvements to CSAH 61 (Flying Cloud Drive) from approximately 475 feet west
of Bluff Creek Drive to approximately 350 feet east of the Highway 61/101
intersection. Construction for the proposed project is expected to begin with Phase 1
in June, 2014, with substantial completion and embankment removal in late
December, 2015.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
Lyman Boulevard WAP — Planning Case 2014-10
April 14, 2014
Page 2
This project will require that 4.96 acres of wetland are impacted. These impacts will be
mitigated for by wetland credits from the Board of Soil and Water Resources Road Replacement
Program and the purchase of wetland banking credits from a privately held wetland bank #1175.
PLANNING COMMISSION SUMMARY
The Planning Commission held a Public Hearing on March 18, 2014 to review the wetland
alteration permit for the proposed road improvement project. The commission voted five to zero on
a motion recommending approval of the wetland alteration permit and wetland replacement plan.
No individuals spoke at the public hearing.
RECOMMENDATION
Staff recommends adoption of the following motion approving the Wetland Alteration Permit
and Wetland Replacement Plan:
"The Chanhassen City Council approves Wetland Alteration Permit #2014-10 and WCA
Permit Number 2014-01 to impact 4.96 acres of wetland and the replacement plan under MN
Rules Chapter 8420 which utilizes the purchase of .16 acres of wetland credit from bank
#1175 and 9.76 acres from the BWSR Road Replacement Program for the purpose of the
proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project; and
authorize the Water Resources Coordinator to sign the joint notification application for
approval of wetland replacement as shown in plans dated December 20, 2013 subject to the
conditions shown in the staff report.
And,
Adoption of the attached Findings of Fact and Recommendation."
ATTACHMENTS
1. Wetland Alteration Permit 2014-10.
2. Planning Commission Staff Report Dated March 18, 2014.
GAPLAM2014 Planning Cases\2014-10101-61 WAP\exmu[ive sununary_0414_2014.dmx
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
1.%yl M rI:\►1 �7:\ i18 �17y M[�7��Fi �f �I M ��I►ZIILi[I;
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants a wetland alteration permit for the following use:
For the purpose of the proposed Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project.
2. Prop The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as follows:
See attached Exhibit A
3. Conditions. The Wetland Alteration Permit was approved subject to the following
conditions:
a. Wetland replacement shall occur in a manner consistent with the Minnesota
Wetland Conservation Act (MR 8420). The applicant shall receive the City's approval of a
wetland replacement plan prior to any wetland impact occurring.
b. Wetland buffer areas shall be preserved, maintained, and/or created around all
existing wetlands in compliance with Sections 20-401 — 20-421 of Chanhassen City Code.
c. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies, e.g. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources,
Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and
Army Corps of Engineers and comply with their conditions of approval.
d. The applicant must submit a Bill of Sale for Wetland Banking Credits to the
Minnesota Board of Water and Soil Resources signed by both the buyer and seller of designated
wetland credits.
e. The applicant must obtain, and the City must have received copy of, an
Application for Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and
approved by the Minnesota Board of Water and Soil Resources prior to any wetland impacts.
f. A signed Landowner Statement and Contractor Responsibility form shall be
provided to City prior to commencement of activity.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: April 14, 2014
2
CITY OF CHANHASSEN
Thomas A. Furlong, Mayor
SEAL
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
20� by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
authority granted by its City Council.
Notary Public
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
See attached SEH Site Location and Topographic Map — Figure 1.
4
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland Alteration Permit Site Location Map
7 1( l
EXPLANATION
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/� I NMesll�.wm wa .� Minnesota River Flood Plain Bridge Replacement and Improvements
SEH "�.:N� i
.....�. �•I N.,... Carver 8 Scott Counties, Minnesota
W
CITY OF CHANHASSEN
PROPOSED MOTION:
PC DATE: March 18, 2014 —�
CC DATE: April 14, 2014
REVIEW DEADLINE: April 15, 2014
CASE #: 2014-10
BY: KS
The Chanhassen Planning Commission recommends that City Council approve Wetland
Alteration Permit #2014-10 and WCA Permit Number 2014-01 to impact 4.96 acres of
wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase
of. 16 acres of wetland credit from bank #1175 and 9.76 acres from the BWSR Road
Replacement Program for the purpose of the proposed Highway 101 Minnesota River Crossing
and CSAH 61 Improvements Project; and authorize the Water Resources Coordinator to sign
the joint notification application for approval of wetland replacement as shown in plans dated
December 20, 2013 subject to conditions within this staff report.
And,
Adoption of the attached Findings of Fact and Recommendation.
SUMMARY OF REQUEST: Request for a Wetland Alteration Permit for the construction of the
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project.
LOCATION: Within the Highway 101 and CSAH 61 intersection and Highway 101
Minnesota River Crossing and CSAH 61 Improvements project corridor,
Sections 35 and 36, T116 and 115N, R23W, within the cities of Chanhassen
and Shakopee.
APPLICANT: Carver County Public Works
Attn: Lyndon Robjent, P.E.
11360 Highway 212, Suite 1
Cologne, MN 55322
lrobientna,co.carver.mn.us
952-466-5200
PRESENT ZONING: Agricultural Estate (A2), and Fringe Business District (BF).
2030 LAND USE PLAN: Residential Medium -Density, Residential Large -Lot, Agricultural,
and Office.
ACREAGE: N/A DENSITY: N/A
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 2 of 26
SUMMARY OF PROPOSAL
Request for a Wetland Alteration Permit under Chanhassen City Code, Chapter 20, Article VI,
Wetland Protection, and approval of a wetland replacement plan under the MN Wetland
Conservation Act for the construction of the proposed Highway 101 Minnesota River Crossing
and CSAH 61 Improvements Project.
LEVEL OF CITY DISCRETION IN DECISION -MAKING
The City has limited discretion in approving or denying a wetland alteration permit, based on
whether or not the proposal meets the wetland alteration permit standards outlined in the Zoning
Ordinance. If the City finds that all the applicable wetland alteration permit standards are met,
the permit must be approved. This is a quasi-judicial decision.
APPLICABLE REGUATIONS
• Chapter 20, Article 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 Highway 101 Minnesota River Crossing and CSAH
61 Improvements Project. The proposed project consists of reconstruction of CSAH 61 and the
Highway 101 crossing of the Minnesota River, within the cities of Chanhassen and Shakopee.
The Carver County Public Works Department is proposing to improve the existing roadway and
river crossing by constructing a new 4,226-foot long, four -lane bridge over the Minnesota River
Floodplain Area and providing roadway safety and capacity improvements to CSAH 61 (Flying
Cloud Drive) from approximately 475 feet west of Bluff Creek Drive to approximately 350 feet
east of the Highway 61/101 intersection (see Figure 1). Construction for the proposed project is
expected to begin with Phase 1 in June, 2014, with substantial completion and former
embankment removal in late December, 2015.
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 3 of 26
EXPLANATION N
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Project Location
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project
C a County, Minnesota
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 4 of 26
In order to accommodate the reconstruction, the applicant is proposing to impact seven existing
wetlands (Sl, S2, S3, S5, S6, S8, DI 1), as well as Bluff Creek and the Minnesota River
Floodplain Area, both Minnesota Department of Natural Resources (DNR) protected
watercourses (see Figure 1 and Table 1, below).
Figure 1. Proposed wetland impacts as indicated in Figure 6 from application
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 5 of 26
Table 1. Wetland Impacts
Basin
ID
(01,
ouardia
Cla,sific atimi
Circular 39
Classification
Eggers & Reed
Classification
j
Impact Type
11 etlaud
Impacts
(xresl
SI
PEMB
Type 2
Fresh (wet) Meadow
Fill
0.44
Sl
PEMB
Type 2
Fresh (wet) Meadow
Excavation
0.05
S2
PEMB
Type 2
Fresh (wet) Meadow
Fill
0.44
S3
PEMC
Type 3
Shallow Marsh
Fill
0.21
S5/S6
PEMB
Type 2
Fresh (wet) Meadow
Fill
0.66
S8
PEMC
Type 3
Shallow Marsh
Fill
0.01
S8
PEMC
Type 3
Shallow Marsh
Excavation
0.01
Dl1
PEMB/PEMC
Type-1/3
Fresh (wet) Meadow.
Shallow Marsh
Fill
1.99
DI I
PEMB
Type 2
Fresh (wet) Meadow
Excavation
0.47
Bluff Creek
PEMB
Type 2
Fresh (wet) Meadow
Realignment
0.47
Mmmesom River
PEMC
Tv 3
Shallow Marsh
Beat Pins
0.21
Total Impacts
4.% acres
Joint Notification Application for the Southwest Reconnection Project, prepared by S.E.H., January, 2014
The proposed wetland impacts resulting from the roadway improvements are divided into two
categories: safety -driven impacts (impacts that result from the roadway safety improvements,
bridge construction and creation of stormwater features) (4.88 acres), and non -safety related
impacts (impacts resulting from trail creation) (.08 acres). Safety -related wetland impacts are
eligible to be replaced using credits from the Board of Water and Soil Resources (BWSR)
Roadway Replacement Bank. Because the impacts for this portion of the proposed project are
eligible for BWSR replacement credits, the required replacement ratio for the roadway and
stormwater pond impacts are 2:1. Thus, 9.76 acres will be withdrawn from the BWSR Roadway
Replacement Bank. The additional .08 acres of wetland impact associated with the multi -use
recreational trail will be mitigated for using wetland bank credits purchased by Carver County
from account #1175. This wetland bank is located in the same Bank Service Area (BSA 9) and
Major Watershed (33-Minnesota) as the proposed project. Therefore, the impacts are required to
be mitigated for at a 2:1 ratio, resulting in the purchase of .16 acres of wetland credit from bank
#1175. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA)
Rules (see Table 2, below).
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 6 of 26
Table 2. Wetland Impact Mitigation
Impact Source
Mitigation Source
Wetland
Wetland Mitigatiou
Impacts acres
acres at 2:1 ratio
Roadway, bridge. and
BWSR Road Bank
4.88
9.76
storm water ponds
Pedestrian trail
German Settlement
0.08
0.16
Bank #1175
Totals
4.96
9.92
Table 7, Joint Notification Application for the Southwest Reconnection Project, prepared by S.E.H., January 2014
BACKGROUND
The Highway 101 and CSAH 61 `wye' intersection has been experiencing safety and operational
deficiencies associated with flooding and peak hour traffic delays as traffic volumes approach
and exceed the capacities of these existing two-lane roadways. There are also short- and long-
term capacity deficiencies with the increasing travel demand along these corridors. The proposed
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project is deemed
necessary in order to ease congestion, improve safety, address future traffic growth, and eliminate
road closures due to 100-year flood events. Additional safety information, crash data, and flood
event information can be found in Section 4.7 of the Joint Notification Application. The need for
the project is also identified in the Carver County Transportation Plan.
DISCUSSION
The proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project
involves reconstruction of the segment of CSAH 61 (Flying Cloud Drive) from approximately 475
feet west of Bluff Creek Drive to approximately 350 feet east of the Highway 61 /101 wye
intersection, within the City of Chanhassen, and the construction of a new 4,226-foot long, four -lane
bridge over the Minnesota River floodplain within Chanhassen and into the city of Shakopee. The
proposed project will accommodate capacity and safety improvements by reconstructing the
causeway within the river floodplain area, and current two-lane, undivided roadway and wye
intersection to a four -lane bridge that will span the Minnesota River floodplain, and four -lane
divided roadway with two roundabouts and raised medians. The construction of the proposed
bridge will allow Highway 101 and CSAH 61 to remain open during 100-year flood events, and
the reduction of intersections and added capacity will improve safety. Additional safety
information can be found in the Supplemental Information for the WCAI Corps Joint Permit
Application, dated January 29, 2014.
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 7 of 26
Highway 101 Bridge Replacement
The proposed bridge will consist of four lanes, with two 12-foot driving lanes in each direction
with 8-foot outside shoulders. The proposed roadway elevation will raise the roadway above the
100-year flood elevation and minimize or eliminate road closure due to flooding. The proposed
bridge will span the Minnesota River floodplain area, more specifically over DNR Public Waters
10-221 W and 27-132P (Rice Lake). Forty piers and two abutments will support the proposed
bridge, and 37 of these will be partially or wholly within wetland and consist of 8 and 11 bent
piles. Construction of the proposed bridge will allow for the removal of the existing causeway
from the Minnesota River floodplain, which will restore a large area of natural flow to the
Minnesota River under high water and flood conditions.
CSAH 61 (Flying Cloud Drive) Improvements
The CSAH 61 (Flying Cloud Drive) improvements include the addition of a four -lane roadway
section between the Highway 101 wye intersection and Bluff Creek Road. Two roundabout
intersections are proposed at the current Highway 101 wye intersection and the Bluff Creek Road
intersection. A bridge is also proposed over Bluff Creek.
Bluff Creek Realignment
The current alignment of Bluff Creek passes under CSAH 61 and Highway 101 through two
side -by -side box culverts. The proposed project would replace these twin box culverts and the
four culverts under Highway 101 with the construction of a bridge on CSAH 61 and the
proposed Highway 101 Bridge. The realigned section of Bluff Creek will extend the length of
the segment of Bluff Creek between structures and allow for more meandering than it is
currently able to achieve.
Pedestrian Trail
As part of the project, a multi -use pedestrian trail is proposed that extends from Bluff Creek
Drive east along the north side of CSAH 61 to the eastern edge of the project, which is proposed
to connect to the Hennepin County future trail corridor. On the western side of the project, the
proposed off -road trail will follow the shoulder of Bluff Creek Drive north to connect with the
Minnesota River Valley LRT Trail. A segment of the trail corridor is also proposed to cross
under CSAH 61 in a shared bridge crossing with Bluff Creek. The construction of the trail will
result in 3,593 square feet on the north side of the Highway 61/101 roundabout. The majority of
the trail is located within areas that are already quantified within the roadway impacts.
Wetlands within the proposed project area were delineated in September of 2012 by S.E.H. and
June of 2013 by the MN Department of Transportation. The Technical Evaluation Panel
reviewed the delineations on site in July of 2013. The delineation identified 23 wetland areas
within the proposed project areas, as well as Bluff Creek. The Joint Permit Application dated
January 29, 2014 was received and noticed on February 25, 2014. The proposed improvements
will result in permanent impacts to seven wetlands as well as Bluff Creek and the Minnesota
River, shown in Figure 2 below, and described as follows:
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 8 of 26
Figure 2. Delineated wetland areas as viewed in aerial photograph, Wetland Delineation Report, September 2013,
provided by S.E.H.
Wetland S 1: This wetland is classified as a Preserve wetland under the City's wetland
classification system. It is classified as Type 2, Fresh (Wet) Meadow according to Fish and
Wildlife Service Circular 39. Wetland S1 is located immediately south of CSAH 61 and west of
the existing wye intersection. The proposed impact to this wetland is approximately .49 acres.
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 9 of 26
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 10 of 26
Wetland S2: This wetland is classified as a Preserve wetland under the City's wetland
classification system. It is classified as a Type 2, Fresh (Wet) Meadow according to Fish and
Wildlife Service Circular 39. It is located immediately south of CSAH 61, beginning just east of
Bluff Creek Drive and extending west to the west terminus of the project area and area of
investigation. The proposed permanent impact to this wetland will be approximately .44 acres.
qvr*p� r �
Figure 5. Wetland S2 facing south from the CSAH 61 roadway. Wetland habitat extends south to the Minnesota River
(source S.E.H.)
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 11 of 26
Wetland S3: This wetland is classified as a Type 3, Shallow Marsh wetland according to Fish
and Wildlife Service Circular 39. It is classified as an Outstanding wetland under the City's
wetland classification system. Wetland S3 is located immediately northwest of the intersection
of CSAH 61 and Bluff Creek Drive, and is a part of the larger Seminary Fen wetland area,
though it is not within the Minnesota DNR Seminary Fen Scientific and Natural Area (SNA).
The proposed impact area to this wetland is approximately .21 acres.
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 12 of 26
Figure 7. Proposed wetland impacts as indicated in Figure 6-1 from application
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 13 of 26
Wetland S5/6: This wetland is classified as a Type 2, Fresh (Wet) Meadow according to Fish
and Wildlife Service Circular 39. It is classified as a Manage 2 wetland under the City's wetland
classification system. Wetland S5/6 is located immediately north and slightly east of the
Highway 101/CSAH 61wye. The proposed impact area to this wetland is approximately .66
acres.
Figure 8. Wetland SS facing northeast from CSAH 61 roadway (source S.E.H.)
facing northeast from CSAH 61 roadway (source S.E.H.)
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 14 of 26
Wetland S8: This wetland is classified as a Type 3, Shallow Marsh wetland according to Fish
and Wildlife Service Circular 39. Wetland S8 is a small wetland located between the current
park and ride lot and roadway on the east side within the wye intersection. It is not classified
under the City's wetland classification system. The proposed impact area to this wetland is
approximately .02 acres.
Figure 10. Wetland S8 (small wetland in ditch within the existing `wye' intersection) facing northeast from existing `Park
and Ride' lot (source S.E.H.)
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 15 of 26
Wetland D11: This wetland is classified as a Type 2/3, Fresh (Wet) Meadow and Shallow Marsh
wetland according to Fish and Wildlife Service Circular 39. Wetland Dl 1 is located within the
existing Highway 101/CSAH 61 wye intersection just north of where the Bluff Creek channel
currently flows. It is not classified under the City's wetland classification system. The proposed
impact area to this wetland is approximately 2.46 acres.
Figure 11. Aerial view of Wetland DI1 taken from Figure 6a of the
Wetland Delineation Report, September, 2013 (source S.E.H.)
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 16 of 26
Bluff Creek: Bluff Creek is a Minnesota Department of Natural Resources Protected
Watercourse. It is classified as a Type 2, Fresh (Wet) Meadow wetland according to Fish and
Wildlife Service Circular 39. The applicant is proposing .47 acres of permanent impact to Bluff
Creek, associated with culvert replacement and realignment and relocation of the channel to
allow Bluff Creek to pass under the CSAH 61 roadway. Approximately 500 linear feet of the
creek between CSAH 61 and Highway 101 will be realigned as part of the proposed project. The
proposed channel alignment will be approximately 600 linear feet and will include designed
meanders and slope reduction. The applicant is in the process of obtaining the necessary permits
and approvals from the Minnesota Department of Natural Resources for the proposed work
within Bluff Creek (See Figure 12, below).
Acids Exravabo
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`,'1.9o-Acres
FIII.
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- i•�„-
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TH 61 and CSAH 101 Roadway Improvements
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Carver and Scott Counties, Alimesota
Figure 12. Proposed wetland impacts as indicated in Figure 6-2 from application
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 17 of 26
Minnesota River Channel and Floodplain: The Minnesota River Floodplain is a Minnesota
Department of Natural Resources Protected Water and Watercourse. The applicant is proposing
.21 acres of permanent impact to the Minnesota River Floodplain, classified as Type 3, Shallow
Marsh wetland according to Fish and Wildlife Service Circular 39. The proposed impacts are
associated with the 37 piers that will support the proposed bridge that are to be placed partially
or wholly within wetland, and consist of 8 and 11 bent piles for each pier. A total of 374 bent
piles are proposed to be within wetland areas, and each is estimated to incur 25 square feet of
wetland impact (See Figure 13, below). Construction of the proposed bridge will also allow for
the removal of the existing causeway from the Minnesota River floodplain, which will restore a
large area of natural flow to the Minnesota River under high water and flood conditions, and will
allow natural wetland and floodplain habitat to re-establish. The removal of the existing
causeway and its associated fill material is projected to have a positive environmental effect by
allowing for the natural restoration of wetland/floodplain habitat. This cannot be claimed as
mitigation, however.
Planning Commission
Highway 101/CSAH 61 Improvements Project Wctland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 18 of 26
Figure 13. Proposed wetland impacts as indicated in Figure &3 from application
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 19 of 26
ALTERNATIVES
The Wetland Conservation Act requires the applicant to list at least two alternatives to the
proposed project that would avoid or minimize impacts to wetlands or waters (one of which may
be "no build" or "do nothing"). The applicant then must list and explain why the option
described in the application was chosen over these alternatives. The following alternatives were
presented in the Joint Notification Application submitted by the applicant:
A No -Build alternative would entail making no improvements and allows the existing
configuration of intersections within the project area and would result in no impacts to wetlands.
The No -Build Alternative was not chosen as the preferred alternative because it fails to address
the project purpose and need or satisfy the project goals and objectives of eliminating or
minimizing road closures due to flood events, and meeting growing travel capacity demands and
safety needs.
Alternative road alignments were investigated to determine if impacts to the wetlands, Bluff
Creek, and the Minnesota River Floodplain could be avoided and to identify minimization
opportunities. These alternatives were disregarded due to engineering challenges, as the majority
of them resulted in approximately the same amount of wetland impacts.
CSAH 61- Alternative 1
Preliminary plans included the relocation of CSAH 61 to the north of the existing alignment.
This alternative would meet future traffic demand, but included necessary grading into bluff
areas. Alternative 1 would have added impacts to Wetlands S3, S4, S5/6 and D13, but would
reduce impacts to Wetland 1. Impacts associated with the roundabout would remain unchanged.
Alternative locations of the roundabout were also considered, but all would have resulted in
additional impacts to wetlands D6 and D9 (both Wetlands D6 and D9 are located within the
Minnesota River floodplain area). Therefore, the preferred alternative of reducing the overall
quantity of impacts to other, potentially higher quality wetlands was chosen, as it was determined
that impacts to Wetland DI I were unavoidable.
A traditional intersection was also considered in place of the proposed roundabout intersections,
however, due to the intersection locations this alternative would not result in the reduction of
wetland impacts. Thus, the roundabout intersections were selected as the preferred alternative,
as they are considered to provide the greatest safety improvement.
Highway 101- Alternative 2
Highway 101 was considered for multiple construction and alignment alternatives. Raising the
elevation of the causeway was considered but dismissed, as it would cause extensive wetland
impacts and increase flood elevations. Alternative alignments were also considered, but resulted
in greater wetland impacts. Alternative bridge construction proposed to set piers into constructed
riprap islands. However these islands would result in a considerable footprint of discharge into
wetland area, and added between five and six acres of wetland impacts.
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 20 of 26
Preferred Alternative
The Preferred Alternative (the proposed Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project) was chosen because it significantly reduced impacts for the bridge
portion of the project. Construction of the proposed bridge will allow for the removal of the
existing causeway, while minimizing road closures from flooding without increasing the 100-
year flood elevation.
The proposed CSAH 61 (Flying Cloud Drive) roadway improvements will improve safety
through two new roundabout intersections and address existing high traffic volumes by adding a
four -lane roadway through the project corridor.
Impact Minimization and Avoidance
The Wetland Conservation Act requires that if avoidance is not an option, the unavoidable
impacts are minimised to the greatest extent practicable. Efforts have been made by the
applicant to minimize the proposed wetland impacts by locating CSAH 61 closer to the existing
alignment, and reducing the extent of soils corrections needed. These efforts resulted in the
reduction of wetland impacts by approximately four acres. The use of bent pile piers for the
proposed bridge over the Minnesota River Floodplain area fiuther reduced wetland impacts by
approximately 2.5 acres, resulting in the current proposed wetland impact amount of 4.96 acres.
Stormwater Management
Four water quality features are proposed within the project area to collect, convey, and/or treat
surface water runoff resulting from the new construction. These include drainage ditches, grass
swales, infiltration ponds, and wet detention ponds. The northeast pond, which is associated
with the roundabout, has the greatest wetland impact, but it is also providing the majority of
stormwater treatment, and will utilize the existing park and ride lot to reduce impacts. The west
pond will also require some excavation of wetland in order to achieve the required amount of
treatment. The remaining stormwater features will have no wetland impacts. These features will
be designed to meet local and state water quality standards.
Wetland Replacement
Wetland replacement for this project will be accomplished using two methods; impacts
associated with safety improvements, including roadway, bridge, and stormwater features will be
replaced through the BWSR Road Bank Program, and impacts associated with the pedestrian
trail will be replaced through purchase of wetland bank credits from wetland bank #1175. The
replacement plan proposes that 9.76 acres (4.88 ac at a 2:1 ratio) resulting from the roadway
safety improvements would be replaced with BW SR roadway replacement credits, and .16 acres
(.08 ac at a 2:1 ratio) resulting from non -safety -related wetland impacts be replaced by the
County, using wetland bank credits purchased from wetland bank account #1175, located in the
same Bank Service Area 9, and Major Watershed 33.
Planning Commission
Highway 101/CSAH 61
Planning Case #2014-10
March 18, 2014
Page 21 of 26
OTHER AGENCIES
Improvements Project Wetland Alteration Permit
The applicant is responsible for obtaining any permits or approvals from the appropriate
regulatory agencies and compliance with their Conditions of Approval.
FINDINGS
The Planning Commission shall recommend a Wetland Alteration Permit and the Council shall
issue such Wetland Alteration Permit only if it finds that:
a. The proposed project will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
FINDING: The proposed wetland impacts that will occur with the Highway 101
Minnesota River Crossing and CSAH 61 Improvements Project have not been found to
pose danger to public health, safety, comfort, convenience or general welfare. The goal
of the proposed project is to minimize road closures due to flood events, address existing
safety deficiencies, and to provide for the present and future traffic needs of the area,
improving safety and convenience for residents and recreationalists.
b. The proposed project will be consistent with the objectives of the City s Comprehensive
Plan and the Zoning chapter of the City Code.
FINDING: The proposal is consistent with the objectives of the City's Comprehensive
Plan and City Code. It complies with all City, State and Federal requirements. The
proposed roadway improvements, bridge construction, and trail construction is shown in
the City's Comprehensive Plan and are consistent with City and regional trail plans. The
roadway improvements and trail construction will improve safety and ease congestion
within the project area.
c. The proposed project will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
FINDING: The appearance and character of the general vicinity will not change. The
applicant has made a reasonable effort to minimize impacts to wetlands by locating
CSAH 61 closer to the existing alignment, use of bent pile piers for the proposed bridge
over the Minnesota River Floodplain area, and reducing the extent of soils corrections
needed. Currently, the proposed project is located within an area that includes single-
family residential neighborhoods, agricultural land, commercial business, U.S. Fish and
Wildlife MN Valley National Wildlife Refuge, the MN DNR Raguet Wildlife
Management Area (WMA), and the MN DNR Seminary Fen Scientific and Natural Area
(SNA). The proposed project would provide safety improvements for residents, drivers,
and recreationalists, as well as providing a connection to existing and future trails,
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 22 of 26
regional trails, and neighborhoods, thus remaining compatible with and enhancing the
existing and intended character and appearance of the area.
d. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
FINDING: The surrounding uses are zoned for Residential Medium -Density,
Residential Large -Lot, Agricultural, and Office. The wetland impacts proposed as a
result of the project are not foreseen to cause hazards or disturbance to existing or
planned neighboring uses. The proposed project is considered an enhancement to
neighboring uses, as well as providing increased safety for residential neighborhoods,
recreationalists, and motorists, by providing a safer roadway and pedestrian and non -
motorized recreational route.
e. The proposed project will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
FINDING: Any changes to drainage structures or additional drainage structures needed
as a result of the proposed wetland impacts will be designed and constructed by the
applicant's contracted consultant in compliance with City design standards. Proposed
roadways will be maintained by Carver County, and trails will be maintained by the City
of Chanhassen. Both proposed roadways and trail will be designed and constructed
according to city standards.
£ The proposed project will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
FINDING: The proposed wetland impacts associated with the Highway 101 Minnesota
River Crossing and CSAH 61 Improvements Project will not create excessive need for
public facilities and services. The roadway improvements project requires some
additional services required by the City associated with trail maintenance. In addition,
the proposed roadway improvements project are foreseen as an enhancement to economic
community welfare, by providing safety improvements and accessibility for residents and
recreationalists to local businesses.
g. The proposed project will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
FINDING: The proposed wetland alterations are not expected to be detrimental to any
persons, property or the general welfare.
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 23 of 26
h. The proposed project will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
FINDING: The proposed wetland impacts will not create nor interfere with traffic and
surrounding public thoroughfares. When completed, the proposed roadway
improvements will result in eased congestion, minimal or the elimination of road
closures due to flooding, improved sight lines, safer approaches, increased accident
reduction potential, and will provide safer conditions for both pedestrian and vehicular
traffic.
i. The proposed project will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
FINDING: The proposed wetland impacts associated with the project will have no
impact on solar access, natural, scenic or historic features of major significance.
j. The proposed project will be aesthetically compatible with the area.
FINDING: The applicant has made a reasonable effort to minimize wetland impacts and
retain aesthetical compatibility within the area. In addition, the proposed roadway
improvements project will complement the area.
k. The proposed project will not depreciate surrounding property values.
FINDING: The proposed wetland impacts have been minimized to the greatest extent
feasible, while still allowing for the roadway improvements project to occur. The
proposed roadway improvements project will create a safer setting and will be an asset to
the surrounding properties.
1. The proposed project will meet standards prescribed for certain uses as provided in the
City Code.
20-410 (b) When a permit is issued allowing wetland alteration, the following
standards shall be followed:
(1) The alteration will not have a net adverse effect on the ecological
and hydrological characteristics of remaining wetland.
FINDING: The applicant must meet the included conditions for
the proposed wetland impacts in order to avoid an adverse effect
on the ecological and hydrological characteristics of remaining
wetland.
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 24 of 26
(2) It shall be located as to minimize the impact on vegetation.
FINDING: Efforts have been made by the applicant to minimize
the impact on wetlands and vegetation through a variety of
measures, which included locating CSAH 61 closer to the existing
alignment, use of bent pile piers for the proposed bridge over the
Minnesota River Floodplain area, and reducing the extent of soils
corrections needed.
(3) It shall not adversely change water flow.
FINDING: The applicant must meet the included conditions for
the proposed wetland impacts in order to avoid an adverse effect
on the hydraulic and hydrological characteristics of remaining
wetland. The removal of the causeway within the Minnesota River
Floodplain Area will restore natural flows and wildlife habitat to
the area. The applicant is in the process of obtaining the necessary
permits from the Minnesota Department of Natural Resources and
U.S. Army Corps of Engineers for any necessary work within
Bluff Creek and the Minnesota River Floodplain Area.
(4) The size of the altered area shall be limited to the minimum
required for the proposed action.
FINDING: The applicant has made a reasonable effort to limit the
proposed wetland impacts to the minimum amount required in
order to complete the bridge construction and roadway
improvements project. During construction the contractor is
required to follow approved plans to limit alterations to the
minimum the project necessitates.
(5) The disposal of any excess material is prohibited within remaining
wetland areas.
FINDING: The applicant and their contractor are prohibited from
disposing of excess material within remaining wetland areas as
well as any other activities which may negatively impact the
remaining wetland areas.
(6) The disposal of any excess material shall include proper erosion
control and nutrient retention measures.
FINDING: The applicant and their contractor must submit a
satisfactory erosion and sediment control plan, and comply with all
applicable sections of Chanhassen City Code, the City's Surface
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 25 of 26
Water Management Plan, and the Minnesota Pollution Control
Agency.
(7) Alterations to any wetland area are prohibited during waterfowl
breeding season or fish spawning season, unless it is determined by
the city that the wetland is not used for waterfowl breeding or fish
spawning.
FINDING: The applicant and their contractor are required to
refrain from any wetland altering activity during waterfowl
breeding and fish spawning season.
(8) Alterations to wetland areas shall be mitigated in accordance with
the requirements of this article if the activity results in a loss of
wetland area and/or function and value of the wetland.
FINDING: The applicant has submitted a replacement plan as
part of the Joint Notification Application for Wetland Replacement
which was received on February 25, 2014. The applicant is
proposing to replace the impacted area using wetland bank credits.
The required replacement ratio is 2:1. This is consistent with
Chapter 8420.0522. of the Wetland Conservation Act (WCA)
Rules, and City Code, Chapter 20, Article VI.
(9) Dedicated buffers in accordance with Sections 20-411.
FINDING: The applicant must comply with the City's Wetland
Protection Ordinance.
In order to accommodate the reconstruction, the plan proposes impacts to seven wetlands, as well
as Bluff Creek and the Minnesota River Floodplain area, totaling 4.96 acres of permanent
wetland impact. The applicant, Carver County, is proposing to replace the permanently impacted
area resulting from safety -related roadway improvements (4.88 acres) using wetland bank credits
from the Board of Water and Soil Resources (BWSR) roadway replacement bank, and the
impacted area resulting from non -safety -related impacts (.08 acres) using credits from wetland
bank #1175. In both cases the requirement calls for a 2:1 replacement ratio. This is consistent
with Chapter 8420.0522. of the Wetland Conservation Act (WCA) Rules.
The applicant must receive the City's approval of a wetland replacement plan prior to any
wetland impact occurring.
Planning Commission
Highway 101/CSAH 61 Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 26 of 26
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Chanhassen Planning Commission recommends that City Council approve Wetland
Alteration Permit #2014-10 and WCA Permit Number 2014-01 to impact 4.96 acres of
wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase
of. 16 acres of wetland credit from bank #1175 and 9.76 acres from the BWSR Road
Replacement Program for the purpose of the proposed Highway 101 Minnesota River
Crossing and CSAH 61 Improvements Project; and authorize the Water Resources
Coordinator to sign the joint notification application for approval of wetland replacement as
shown in plans dated December 20, 2013 subject to the following conditions:
Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420). The applicant shall receive the City's approval of a wetland
replacement plan prior to any wetland impact occurring.
2. Wetland buffer areas shall be preserved, maintained, and/or created around all existing
wetlands in compliance with Sections 20-401 — 20-421 of Chanhassen City Code.
3. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g.
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources,
Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and
Army Corps of Engineers and comply with their conditions of approval.
4. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board
of Water and Soil Resources signed by both the buyer and seller of designated wetland
credits.
5. The applicant must obtain, and the City must have received copy of, an Application for
Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by
the Minnesota Board of Water and Soil Resources prior to any wetland impacts.
6. A signed Landowner Statement and Contractor Responsibility form shall be provided to City
prior to commencement of activity.
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Joint Notification Application for Wetland Replacement, Attachments and Supplements.
4. Public Hearing Notice.
GAPLAN\2014 Planning Cwm\2014-05 Lyman Boulevard WAP
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
The application of Carver County Public Works for a Wetland Alteration Permit for wetland
replacement for proposed impacts to seven wetlands, as well as Bluff Creek and the Minnesota
River Floodplain Area totaling 4.96 acres, as a part of the proposed Highway 101 Minnesota River
Crossing and CSAH 61 Improvements Project — Planning Case 2014-10.
On March 18, 2014, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Carver County for a wetland alteration permit to impact
seven wetlands, as well as Bluff Creek and the Minnesota River Floodplain Area. The total area
proposed to be impacted is 4.96 acres. The Planning Commission conducted a public hearing on
the wetland alteration permit which was preceded by published notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate (A2), and Fringe District (BF).
2. The property is guided in the Land Use Plan for Residential Medium -Density, Residential
Large -Lot, Agricultural, and Office.
3. The proposed project is located within the within the Highway 101 and CSAH 61
intersection and Highway 101 Minnesota River Crossing and CSAH 61 Improvements
Project corridor, Sections 35 and 36, T116 and 115N, R23W, within the cities of Chanhassen
and Shakopee.
4. City code directs that a wetland alteration permit shall not be issued without having been first
reviewed by the Planning Commission and approved by the City Council following the
review and hearing procedures set forth for conditional use permits and the additional
requirement of Minnesota Rules Chapter 8420.0230.
Wetland Alteration and Conditional Use Criteria:
The Planning Commission shall recommend a Wetland Alteration Permit and the Council shall
issue such Wetland Alteration Permit only if it finds that:
a. The proposed project will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
FINDING: The proposed wetland impacts that will occur with the Highway 101
Minnesota River Crossing and CSAH 61 Improvements Project have not been found to
pose danger to public health, safety, comfort, convenience or general welfare. The goal
of the proposed project is to minimize road closures due to flood events, address existing
safety deficiencies, and to provide for the present and future traffic needs of the area,
improving safety and convenience for residents and recreationalists.
b. The proposed project will be consistent with the objectives of the city's Comprehensive
Plan and the Zoning chapter of the City Code.
FINDING: The proposal is consistent with the objectives of the city's Comprehensive
Plan and City Code. It complies with all City, State and Federal requirements. The
proposed roadway improvements, bridge construction, and trail construction is shown in
the City's Comprehensive Plan and are consistent with City and regional trail plans. The
roadway improvements and trail construction will improve safety and ease congestion
within the project area.
c. The proposed project will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
FINDING: The appearance and character of the general vicinity will not change. The
applicant has made a reasonable effort to minimize impacts to wetlands by locating
CSAH 61 closer to the existing alignment, use of bent pile piers for the proposed bridge
over the Minnesota River Floodplain area, and reducing the extent of soils corrections
needed. Currently, the proposed project is located within an area that includes single-
family residential neighborhoods, agricultural land, commercial business, U.S. Fish and
Wildlife MN Valley National Wildlife Refuge, the MN DNR Raguet Wildlife
Management Area (WMA), and the MN DNR Seminary Fen Scientific and Natural Area
(SNA). The proposed project would provide safety improvements for residents, drivers,
and recreationalists, as well as providing a connection to existing and future trails,
regional trails, and neighborhoods, thus remaining compatible with and enhancing the
existing and intended character and appearance of the area.
d. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
FINDING: The surrounding uses are zoned for Residential Medium -Density,
Residential Large -Lot, Agricultural, and Office. The wetland impacts proposed as a
result of the project are not foreseen to cause hazards or disturbance to existing or
planned neighboring uses. The proposed project is considered an enhancement to
neighboring uses, as well as providing increased safety for residential neighborhoods,
recreationalists, and motorists, by providing a safer roadway and pedestrian and non -
motorized recreational route.
e. The proposed project will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
FINDING: Any changes to drainage structures or additional drainage structures needed
as a result of the proposed wetland impacts will be designed and constructed by the
applicant's contracted consultant in compliance with city design standards. Proposed
roadways will be maintained by Carver County, and trails will be maintained by the City
of Chanhassen. Both proposed roadways and trail will be designed and constructed
according to city standards.
f. The proposed project will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
FINDING: The proposed wetland impacts associated with the Highway 101 Minnesota
River Crossing and CSAH 61 Improvements Project will not create excessive need for
public facilities and services. The roadway improvements project requires some
additional services required by the city associated with trail maintenance. In addition, the
proposed roadway improvements project are foreseen as an enhancement to economic
community welfare, by providing safety improvements and accessibility for residents and
recreationalists to local businesses.
g. The proposed project will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
FINDING: The proposed wetland alterations are not expected to be detrimental to any
persons, property or the general welfare.
h. The proposed project will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
FINDING: The proposed wetland impacts will not create nor interfere with traffic and
surrounding public thoroughfares. When completed, the proposed roadway
improvements will result in eased congestion, minimal or the elimination of road
closures due to flooding, improved sight lines, safer approaches, increased accident
reduction potential, and will provide safer conditions for both pedestrian and vehicular
traffic.
i. The proposed project will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
FINDING: The proposed wetland impacts associated with the project will have no
impact on solar access, natural, scenic or historic features of major significance.
The proposed project will be aesthetically compatible with the area.
FINDING: The applicant has made a reasonable effort to minimize wetland impacts and
retain aesthetical compatibility within the area. In addition, the proposed roadway
improvements project will complement the area.
k. The proposed project will not depreciate surrounding property values.
FINDING: The proposed wetland impacts have been minimized to the greatest extent
feasible, while still allowing for the roadway improvements project to occur. The
proposed roadway improvements project will create a safer setting and will be an asset to
the surrounding properties.
1. The proposed project will meet standards prescribed for certain uses as provided in the
City Code.
20-410 (b) When a permit is issued allowing wetland alteration, the following
standards shall be followed:
(1) The alteration will not have a net adverse effect on the ecological
and hydrological characteristics of remaining wetland.
FINDING: The applicant must meet the included conditions for
the proposed wetland impacts in order to avoid an adverse effect
on the ecological and hydrological characteristics of remaining
wetland.
(2) It shall be located as to minimize the impact on vegetation.
FINDING: Efforts have been made by the applicant to minimize
the impact on wetlands and vegetation through a variety of
measures, which included locating CSAH 61 closer to the existing
alignment, use of bent pile piers for the proposed bridge over the
Minnesota River Floodplain area, and reducing the extent of soils
corrections needed.
(3) It shall not adversely change water flow.
FINDING: The applicant must meet the included conditions for
the proposed wetland impacts in order to avoid an adverse effect
on the hydraulic and hydrological characteristics of remaining
wetland. The removal of the causeway within the Minnesota River
Floodplain Area will restore natural flows and wildlife habitat to
4
the area. The applicant is in the process of obtaining the necessary
permits from the Minnesota Department of Natural Resources and
U.S. Army Corps of Engineers for any necessary work within
Bluff Creek and the Minnesota River Floodplain Area.
(4) The size of the altered area shall be limited to the minimum
required for the proposed action.
FINDING: The applicant has made a reasonable effort to limit the
proposed wetland impacts to the minimum amount required in
order to complete the bridge construction and roadway
improvements project. During construction the contractor is
required to follow approved plans to limit alterations to the
minimum the project necessitates.
(5) The disposal of any excess material is prohibited within remaining
wetland areas.
FINDING: The applicant and their contractor are prohibited from
disposing of excess material within remaining wetland areas as
well as any other activities which may negatively impact the
remaining wetland areas.
(6) The disposal of any excess material shall include proper erosion
control and nutrient retention measures.
FINDING: The applicant and their contractor must submit a
satisfactory erosion and sediment control plan, and comply with all
applicable sections of Chanhassen City Code, the City's Surface
Water Management Plan, and the Minnesota Pollution Control
Agency.
(7) Alterations to any wetland area are prohibited during waterfowl
breeding season or fish spawning season, unless it is determined by
the City that the wetland is not used for waterfowl breeding or fish
spawning.
FINDING: The applicant and their contractor are required to
refrain from any wetland altering activity during waterfowl
breeding and fish spawning season.
(8) Alterations to wetland areas shall be mitigated in accordance with
the requirements of this article if the activity results in a loss of
wetland area and/or function and value of the wetland.
FINDING: The applicant has submitted a replacement plan as
part of the Joint Notification Application for Wetland Replacement
which was received on February 25, 2014. The applicant is
proposing to replace the impacted area using wetland bank credits.
The required replacement ratio is 2:1. This is consistent with
Chapter 8420.0522. of the Wetland Conservation Act (WCA)
Rules, and City Code, Chapter 20, Article VI.
(9) Dedicated buffers in accordance with Sections 20-411.
FINDING: The applicant must comply with the City's Wetland
Protection Ordinance.
The Planning Commission recommends that the City Council approve the application of
Carver County for a Wetland Alteration Permit for wetland replacement for proposed impacts to
seven wetlands, as well as Bluff Creek and the Minnesota River Floodplain Area totaling 4.96 acres,
as a part of the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements
Project.
ADOPTED by the Chanhassen Planning Commission this 18'h day of March, 2014.
CHANHASSEN PLANNING COMMISSION
Will
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
ffvksll� CITY OF CHANHASSEN
APPLICATION FOR DEVELOPMENT REVIEW
Date Flied: . t 20t 60-Day Review Deadline: AP2f;. IrJ, 2AI`f Planner.
•n 1: Application Typeapply)
❑ 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 ................................. ................
$10o
❑
CommerciaUlndustriel 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:
❑ Notification Sign ................................................... $200
(City to Install and remove)
❑ Property Owners' Llst within 500......... $3 per address
(City to generate -fee determined at pre -application meeting)
❑ Escrow for Recording Documents.. $50 per document
(CUP/SPRNACNAR/WAP/Metes & Bounds Subdivision)
❑ Create 3 lots or less ........... _... -_....................$300
❑ Create over 3lots .................... „.$000+$15per lot
❑ Metes BBounds ................. _...... $300+$50per lot
❑ Consolidate Lots ................. .. ........................... $150
❑ Lot Line Adjustment....................... ......... ....... .$150
❑ Final Plat'........................................................$250
'Requires additional $450 ss forattomey oosk.
Escrow will be required for other applications through the
development contract.
❑ Vacation of Easements/Right-of-way................... $300
(Additional recording tees 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 connirtently,
the appropriate fee shell be charged for each application.
(Refer to the approplato Applioatbn Che0di3t fa required submittal
information that must accompany mu spplioaW)
TOTAL FEES: $ CPOY 1 10
Received from:
Date Received: Check Number.
Section 2: Required Information
Project Name: Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project
Property Address or Location: canna°'°'ot,at+niron•abn�nnre°seegwaresawstmaaNeor�enarcn•xonrreassiwt•eemm•r.n.+otret•ran•r4an.
Parcel #:
Legal Description:
Total Acreage: 4-11(P'po180°nPad) WatiandsPresent?
Present Zoning: Agrieuxurel FWare (A2), and Fringe District (BF).
Present Lend Use Designation: a`"u MW Ritl°"Y 1e`.i0"w
® Yes ❑ No
Requested Zoning: No change.
Requested Land Use Designation: No change.
Existing Use of Property: Transportation
Description of Proposal: "°"" ". "'r°w"" e" "a. "^° """ "" .. " d.`""""' •`"'" r" °""° �"'" •"""m'°
❑ Check box if separate narrative is attached
Section 3,. Property Owner and A plicallit Information
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. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name: Lyndon Robjent, P.E., Carver County Engineer/Public Works Director Contact:
Address: 11360 Highway 212, Suite 1 Phone: (952) 466-5200
City/State2lp: Cologne, MN 5532 Cell:
Email: Irobjent@co.carver.mn Fax: (952) 466-52 3
Signature: Date: _ 7C-1 L
PROPERTY OWNER: In sign" is application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/Stale/Zip: Cell:
Snail: 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: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
section 4: Notification Information
Who should receive copies of staff reports? *Other Contact Information:
❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name:
0 Applicant Via: ❑/ Email ❑ Mailed Paper Copy Address:
❑ Engineer Vla: ❑ Email ❑ Mailed Paper Copy City/State/Zip:
❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email:
January 29,2014
Ms. Melissa Jenny
Army Corps of Engineers
St. Paul District Office
180 5th Street East, Suite 700
St. Paul, Minnesota 55101-1678
Dear Ms. Jenny:
RE: Southwest Reconnection Project
CSAH 61 and Highway 101
Reconstruction
SEH No. CARVR 119938 14.00
On behalf of Carver County, please find the enclosed application for the Southwest Reconnection Project,
which proposes to reconstruct CSAH 61 and the Highway 101 crossing of the Minnesota River. The
project is located primarily within the City of Chanhassen, Carver County, although the southern end is
within the City of Shakopee and Scott County. Carver County Public Works is the project proposer, and
is accepting the Highway 101 as a turn -back from the Minnesota Department of Transportation.
The project will impact 4.18 acres of wetland, and 0.68 acres of Public Waters associated with the
relocation of Bluff Creek, and for placement of bridge piers into Rice Lake and Minnesota River
floodplain. Total impacts for discharge and excavation into waters or wetland is 4.96 acres. The project
proposes to bridge Highway 101, which will allow for the removal of the existing causeway, and the
restoration of 9.82 acres of wetland on -site.
Mitigation is proposed through the Board of Water and Soil Resources transportation bank, as the project
is driven by safety and to meet state aid standards. A small amount of impact related to a pedestrian trail
will be replaced through purchase of wetland credits from a private bank.
Construction is proposed to start in the spring of 2014. This letter is a request for a Letter of Permission
from the USACE, a Public Waters Works Permit from the MNDNR, and approval of replacement plan for
the Wetland Conservation Act.
Thanks for your review and support of this project,
Rebecca Beduhn
Staff Biologist
drd
Enclosure
c: See list on back
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January 29, 2014
Page 2
Lyndon Robjent, Carver County
Kristin Larson, Carver County
Terrence Jeffery, City of Chanhassen
Katherine Heinz, MNDOT
Sarma Straumanis, MNDOT
Molly Kline, MNDOT
Peter Leete, MNDOT
Bruce Loney, City of Shakopee
Mitch Rasmussen, Scott County
John Gleason, MNDNR
Melissa Doperalski, MNDNR
Ken Powell, BSWR
Lynda Peterson, BWSR
Greg Graczyk, Carver Soil and Water Conservation District
Len Kramer, Barr Engineering
Linda Loomis, Naiad Consulting, LLC
61
101Vonnefion
Wetland Permit Application
Carver County Public Works
Carver County, Minnesota
SEH No. CARVR 119938
January 2014
Wetland Permit Application
Southwest Reconnection Project: Highway 61/101 Flood Mitigation
Carver and Scott Counties
Cities of Chanhassen and Shakopee, Minnesota
SEH No. CARVR 119938
January 2014
I hereby certify that this wetland permit application was prepared by me, and the
procedures and field methods used constitute an official wetland delineation in
accordance with the 1987 U.S. Army Corps of Engineers Wetlands Delineation
Manual.
��� T�
Name: Rebecca Beduhn
Certified Wetland Delineator -IT, No. 5109
Professional Soil Scientist4T, No. 144868
Reviewed by:
Certified Wetland Delineator, No. 1009
Short Elliott Hendrickson Inc.
3535 Vadnais Center Drive
St. Paul, MN 55110-5196
651.490.2000
This Page Left Blank Intentionally
Table of Contents
Minnesota Local/State/Fedeml Application Forms for Water/Wetland Projects
Minnesota WCA Application for Certificate of No Loss or Exemption
Department of Natural Resources Water Permit Application Fees Form
Certification Page
Table of Contents
Page
1.0
Summary ....................................................................................................................1
1.1.1 Project Description..................................................................................1
1.1.2 Purpose and Need Statement.................................................................1
1.1.3 Wetland Impacts......................................................................................1
1.1.4 Wetland Creation....................................................................................1
1.1.5 Wetland Mitigation — Roadway Safety Improvements
.............................2
1.1.6 Wetland Mitigation — Trail Impacts..........................................................2
2.0
Introduction................................................................................................................2
2.1 Contact Information.............................................................................................3
2.2 Project Location..................................................................................................3
3.0
Purpose and Need ........................................... »........................................................ 4
4.0
Project Description...................................................................................................A
4.1 Highway 101 Bridge Replacement......................................................................4
4.2 CSAH 61 Improvements.....................................................................................5
4.3 Bluff Creek Realignment.....................................................................................5
4.4 Pedestrian Trail...................................................................................................5
4.5 Storm Water Treatment......................................................................................6
4.6 Project Costs.......................................................................................................6
4.7 Existing Conditions.............................................................................................6
4.7.1 Safety......................................................................................................7
4.7.2 Flood Events...........................................................................................7
4.7.3 Construction Methods.............................................................................8
4.7.4 Mobility....................................................................................................9
5.0
Wetlands.....................................................................................................................9
5.1.1 Wetland Delineations..............................................................................9
5.2 Results..............................................................................................................10
5.2.1 Bluff Creek............................................................................................10
5.2.2 Minnesota River Floodplain...................................................................11
6.0 Sequencing..............................................................................................................11
6.1 Project Alternatives, Avoidance, and Minimization...........................................11
6.1.1 No -build Altemative...............................................................................11
6.1.2 CSAH 61 Alternative 1 — Design and Location Alternatives..................11
6.1.3 Highway 101 Alternative 2 — Design and Location Altematives............ 12
6.1.4 Alternative 3 — Preferred Alternative.....................................................12
6.1.5 Summary of avoidance and minimization..............................................13
SEH is a registered trademark of Shon Elliott Hendrickson Inc.
Wetland Permit Application CARVR 119938
Carver County Page i
Table of Contents (Continued)
7.0 Wetland Impacts.............................................................
7.1 Bluff Creek Impacts ..................................................
7.2 Pedestrian Trail Impacts ..........................................
7.1 Wetland Re-establishment .......................................
8.0 Wetland Replacement Plan ............................................
8.1.1 BWSR Road Program ..................................
8.1.2 Wetland Banking ..........................................
9.0 Permitting and Regulatory Jurisdiction .......................
9.1 U.S. Army Corps of Engineers .................................
9.2 Wetland Conservation Act— City of Chanhassen ....
9.3 Minnesota Department of Natural Resources..........
10.0 Supplemental Information .............................................
10.1 U.S. Fish and Wildlife and MNDNR Property...........
10.2 State Threatened and Endangered Species............
10.3 Storm Water Treatment ...........................................
10.4 Archeological Resources .........................................
List of Figures
Figure 1 — Site Location and Topographic Map
Figure 2 — Aerial Photograph (2012)
Figure 3 — MNDNR Public Waters Inventory
Figure 4 — National Wetlands Inventory
Figure 5 — Soil Survey for Carver and Scott Counties
Figure 6a- Wetland Delineation Results — North
Figure 6b- Wetland Delineation Results — South
List of Appendices
Appendix A - Project Plan Sheets
Appendix B - Wetland Delineation Report
Appendix C - TH 101 "Wye" Feasibility Study
Appendix D - Combined Wetland Application Forms
Appendix E - Wetland Banking Forms
-ao.Il 1199t6m.uouweuwl..eM1.mLs x'eOuM prawn n,liaeucn lh 101 cs 61 ux,Wv pe.u, ztgl¢xnon .kcx
........................................13
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Wetland Permit Application CARVR 119938
Carver County Page ii
January 2014
Wetland Permit Application
Southwest Reconnection Project: Highway 611101 Flood
Mitigation
Prepared for Carver County Public Works
1.0 Summary
1.1.1 Project Description
The proposed Southwest Reconnection Project, located in the cities of Chanhassen and
Shakopee Minnesota, will construct a new 4,226-foot long four -lane bridge over the
Minnesota River floodplain area and will include roadway safety and capacity
improvements to Carver County State Aid Highway 61 (also known as Flying Cloud
Drive) from approximately 475 feet west of Bluff Creek Drive to approximately 350
feet east of the Highway 61/101 "Wye" intersection. The total length of improvements
along Highway 101 and Flying Cloud Drive is approximately 4,860 feet and 3,660-
feet, respectively.
1.1.2 Purpose and Need Statement
Highway 101 and CSAH 61 have safety and operational needs associated with the
roadways having to close during periods of flooding, whereby requiring traffic to find
alternative routes to cross the Minnesota River. There are also short- and long-term
capacity deficiencies with the growing travel demand along these corridors. Both
Highway 101 and CSAH 61 are currently experiencing peak hour traffic delays as the
traffic volumes are approaching or exceeding the capacities of these two-lane
roadways
1.1.3 Wetland Impacts
The project will impacts a total of 4.96 acres of wetland. This consists of 0.21 acres
for the new 101 crossing, and 3.76 acres of fill, 0.52 acres of excavation, and 0.47
acres for Bluff Creek realignment for the new round about and improvements to
TH61. Of these impacts, 3,593 sf (0.08 acre) are uniquely associated with a pedestrian
trail. Trail impacts are minimal, as they occur within the areas of proposed soils
correction.
LIA Wedand Creation
Construction of the new bridge will allow for the removal of the existing causeway
(fill material) from the Minnesota River 100-year floodplain area. The removal of the
existing Highway 101 causeway across the Minnesota River floodplain area will have
a positive effect by allowing restoration of natural wetland/floodplain habitat to re-
CARVR 119938
Page 1
establish. Approximately 427,983 ft (9.82 acres) are anticipated to re-establish natural
wetland/floodplain habitat through the removal of the exiting causeway.
The removal of the causeway cannot be used as part of the replacement plan, as it will
be part of the roadway right-of-way, and it is not feasible or prudent to place that area
under the required conservation easements. The restoration of this area is a significant
ecological improvement, and it is requested that it be considered in the overall
decision making
1.1.5 Wetland Mitigation — Roadway Safety Improvements
Wetland mitigation for this project is proposed through the Board of Water and Soil
Resources (BWSR) as this project is a safety improvement. T H 101 has been subject
to frequent flooding and road closures. TH61 has had numerous accidents due to the
placement if multiple intersections in close proximity, and traffic volumes that exceed
the design requirements. Replacement of multiple intersections provides a safety
improvement, and will secondarily achieve improved traffic movement.
Wetland impacts associated with the roadway, bridge construction, storm water ponds,
and relocation of Bluff Creek are 4.88 acres. It is proposed to utilize the BWSR
roadway program, which would withdraw 9.76 acres to meet a 2:1 replacement ratio.
1.1.6 Wetland Mitigation — Trail Impacts
The proposed pedestrian trail will impact 0.08 acre of wetland. The trail is not a
safety improvement, and cannot utilize the BWSR roadway program. It is proposed to
withdraw 0.16 acres of wetland credit from the German Settlement bank, which is
within the same Bank Service Area, and therefore allows for replacement at a 2:1
ratio.
2.0 Introduction
This wetland permit application has been prepared to describe the proposed
construction of a new four -lane bridge spanning the Minnesota River floodplain area
between the existing Trunk Highway 101 Minnesota River Bridge in Shakopee,
Minnesota and County State Aid Highway (CSAH) 61/Flying Cloud Drive in
Chanhassen, Minnesota. For safety improvements, the Hwy 101/ County Hwy 61
"wye" intersection will be reconstructed as a roundabout to accommodate the new
Hwy 101 bridge. A pedestrian/bicycle trail will also be constructed along the north
side ofCSAH 61.
The demonstration of wetland impact avoidance and minimization in this application
follows the sequencing process of the Minnesota Wetland Conservation Act (WCA) of
1991 and the federal Clean Water Act. These procedures require that projects that may
result in the draining or filling of wetland habitat should demonstrate avoidance and
minimization of such impacts. Wetland impacts that cannot be feasibly avoided or
minimized must be replaced by compensatory mitigation.
The proposed project will result in permanent impacts to wetland habitat for the
construction of the interchange at the Hwy 101/ County Hwy 61 and the construction
of the new four -lane bridge .This permit application is requesting:
1. Letter of Permission under Section 404 of the Clean Water Act, as administered
by the United States Army Corps of Engineers (USACE)
Wetland Permit Application CARVR 119938
Carver County Page 2
2. Water Quality Certification under Section 401 of the Clean Water Act, as
administered by the Minnesota Pollution Control Agency (MPCA) — Waived for
LOP projects.
3. Minnesota Department of Natural Resources (MNDNR) Public Waters Works
Permit
4. Approval of a wetland replacement plan under the Minnesota Wetland
Conservation Act (WCA)
An Environmental Assessment was completed, and was administered by the Federal
Highway Administration (FHA). A Finding of No Significant Impact (FONSI) was
issued by the FHA in September 2013.
The following information will discuss the project purpose and need, sequencing,
impacts, and proposed mitigation for the permanent and temporary loss of wetland
functions and values.
2.1 Contact Information
The following is a summary of the contacts for this project.
Table 1: Summary of Project Proposer, Agent, and Contact Information
Short Elliott
Proposer.
Carver County
ant
Hendrickson
Contact
Lyndon RobjentP.E.
,
Contact
Rebecca Beduhn
Person
Person
Title
Public Works Director/
Title
Wetland Biologist
County Engineer
3535 Vadnais Center
Address
11360 Highway 212, Suite 1
Address
Dr.
City, state,
Cologne, MN 55322
City, state,
St. Paul, MN 55110
ZIP
ZIP
Phone
(952)466-5200
Phone
651-490-2146
Fax
(952)466-5223
Fax
651-490-2150
E-mail
Irobjent@co.carver.mn.us
E-mail
rbeduhn@sehinc.com
2.2 Project Location
The project site is located in the eastern %2 of Section 35 and the western V2 of Section
36 in Township 116 North, Range 23 West in Cities of Chanhassen and Shakopee,
Carver County, MN; and the northern '/2 of Section I in Township 115 North, Range
23 West in Shakopee, Scott County, MN as shown on Figure 1, and summarized in
Table 2. The area of investigation is approximately a 1 mile along TH 101 at the
intersections of TH 101 and CSAH 61. The project area is detailed in Figure 2, and
summarized below.
Wetland Permit Application CARVR 119938
Carver County Page 3
Table 2: Summary of Project Imeation
County
City
Township
Range
Sections
Carver County
Scott County
City of Chanhassen
City of Shakopee
T116N
T11SN
R23W
R23W
35 and 36
1
The current land use adjacent to the project is a mix of open space (U.S. Fish and
Wildlife Service Minnesota River Valley National Wildlife Refuge and the Minnesota
Department of Natural Resources Raguet Wildlife Management Area, low density
residential, light industrial and commercial developments.
3.0 Purpose and Need
The purpose of the project is to ensure Highway 101 and CSAH 61 remain open to
traffic during 100-year flood events, while also ensuring the transportation
improvements do not cause an increase in the 100-year floodplain elevation. The
project purpose also includes improving safety and mobility throughout the project
area by reducing intersections and adding capacity to both Highway 101 and CSAH
61 (Flying Cloud Drive).
4.0 Project Description
4.1 Highway 101 Bridge Replacement
The new bridge across the Minnesota River floodplain area, particularly over Public
Waters 10-221 W and 27-132P (Rice Lake), is proposed to be constructed immediately
southwest of the existing roadway, which is built upon an elevated causeway.
The bridge will be approximately 4,226-feet long and 78.5-feet wide, and be
composed of 41 bridge sections, spaced every 105 feet. Forty piers and two abutments
will be needed to support the bridge sections. Thirty seven of these will be within all
or partially within wetland, and will consist of between Hand 11 bent piles with a
concrete cap to support the bridge sections. Some of the bent pile are within upland at
the bridge ends, or contain some bent pile within the existing causeway. In total, there
are 374 bent piles proposed to be within wetland, and each has been estimated to have
25 square feet of wetland impact.
The new four -lane bridge will accommodate two 12-foot driving lanes in each
direction with 8-foot outside shoulders. The new bridge will elevate the roadway
approximately 3 feet to 22 feet above the existing roadway, which will raise the
roadway above of the 100-year flood elevation and consequently minimize road
closures from flooding without increasing the 100-year flood elevation. It is
anticipated that pile driving and pier placement construction would begin during
summer of 2014.
Construction of the new bridge will allow for the removal of the existing causeway
(fill material) from the Minnesota River 100-year floodplain area. The causeway will
be removed to the elevation of approximately 700 feet above mean sea level (1929
NGVD), approximately 11-14 feet below the elevation of the existing roadway
surface. This will reduce the frequency and duration of roadway closures and restore
natural flows to the river under high water/flood conditions. Upon removal, some of
the old Highway 101 roadway material may be placed on a commercial property (Golf
Wetland Permit Application CARVR 119938
Carver County Pape 4
Zone driving range) located along CSAH 61, but outside of wetland. Any material
removed off site will also be disposed of in an upland location.
4.2 CSAH 61 Improvements
Roadway and intersection safety improvements are proposed along Carver CSAH 61
(Flying Cloud Drive). The CSAH 61/Flying Cloud Drive roadway improvements
include adding a four -lane roadway section between the Highway 101 "Wye"
intersection on the east and Bluff Creek Road on the west. Two new roundabout
intersections are proposed at the Highway 101 "Wye" and Bluff Creek Drive
intersections, which will replace the current lighted intersections. The roundabouts
contain dedicated lanes for traffic that os passing through, and that is turning, to
reduce the amount of shared time with vehicles within the roundabout. The CSAH
61/Flying Cloud Drive improvements will maintain a traffic signal at the Highway 101
(American Boulevard)/Flying Cloud Drive intersection.
Muck soils are abundant in the project area, and soils corrections are required. These
corrections have expanded the project limits beyond what would be required for
construction in more stable soil types.
4.3 Bluff Creek Realignment
Bluff Creek currently passes under CSAH 61 (Flying Cloud Drive) and Highway 101
via twin box culverts. The proposed project includes replacement of the twin box
culverts under CSAH 61 (Flying Cloud Drive) and removal of four culverts under
Highway 101. These will be replaced with new bridge on CSAH 61, and by spanning
Bluff Creek with a bridge under Highway 101. In order to accommodate the new
roundabout, and align the creek to by crossed with the new 101 bridge, the creek
channel is proposed to be modified. He total length of Bluff Creek is proposed to be
extended from the current length of 421 linear feet between the box culverts on
CSAH 61 to the culverts under Highway 101, to a new channel length of 529 linear
feet. The realigned section of Bluff Creek will benefit from replacing culverts with
bridges, will be longer in total length, and will have more meanders than it currently
does.
4.4 Pedestrian Trail
The project also features pedestrian/bicycle trail improvements including a 10-foot
off -road trail located on the southwest side of the proposed river/floodplain bridge.
The trail corridor is proposed to cross under CSAH 61 (Flying Cloud Drive) in a
shared bridge crossing with Bluff Creek. In addition, an 8-foot off -road trail will
extend east along the north side of CSAH 61 (Flying Cloud Drive) to the eastern
project termini, which will connect to a future trail corridor in Hennepin County. The
proposed off -road trail will also extend west to Bluff Creek Drive where the trail will
run along the shoulder of Bluff Creek Drive until it connects with the Minnesota River
Valley LRT Trail, located approximately 0.25 miles north of CSAH 61 (Flying Cloud
Drive).
The trail will result in some wetland impacts on the north side of the 61/101
roundabout. Total impacts unique to the trail are 3,593 square feet. This is a small
number because the majority of the trail is located within areas that have had soils
correction for the roadway, and are already quantified within the roadway impacts.
Wetland Permit Application CARVR 119938
Carver County Page 5
The bridge crossing on CSAH 61 over bluff Creek will accommodate the trail and
have no additional impacts.
4.5 Storm Water Treatment
4.6
4.7
Four drainage and water quality features are proposed within the project area to
collect, convey, and/or treat surface water runoff. These features include drainage
ditches, grass swales, infiltration ponds, and wet detention ponds. These features are
being designed to meet local and state water quality standards.
The west pond has been placed primarily within an area of upland, but will require
excavation of wetland in order to get the required amount of treatment. The northeast
pond, which is associated with the roundabout, has the greatest wetland impact, but is
also providing the majority of treatment, and is utilizing the existing park and ride lot
to reduce wetland impacts. The remaining storm water features (bridge pond and
south pond) are placed entirely within upland, and will have no impacts.
Project Costs
Estimated Total Project Cost - $60,300,000 (includes construction, right-of-way, and
engineering). No federal funds are proposed for use on this project.
Project Funding
MnDOT Flood Mitigation Program:
Local Road Improvement Program (LRIP):
MnDOT Construction Engineering
County Tumback Funds:
Carver County:
Scott County:
City of Chanhassen:
TOTAL
Existing Conditions
$20,000,000
$9,000,000
$8,200,000
$12,400,000
$7,500,000
$2,300,000
$900,000
$60,300,000
Currently, TH 101 is a 2-lane undivided highway over the Minnesota River and up to
CSAH 18 (Lyman Boulevard). The south end of TH 101 over the river ends at the
intersection of Scott CR 69/CR 101. The north side of the river crossing ends at Flying
Cloud Drive through a "wye" intersection, which diverts traffic into eastbound and
westbound directions through two controlled intersections. The designated TH 101
jogs westerly on Flying Cloud before TH 101 continues up the bluff into Chanhassen.
CSAH 61 (Flying Cloud Drive) is a 2-lane undivided roadway in the study area with
turn lanes at four signalized intersections. The existing road runs westerly from the
project area through downtown Chaska and easterly through Eden Prairie before
ending at US 212.
The current configuration of the interchange with CSAH 61 and Highway 101 is
divided into a "wye", which diverts east and west bound traffic to two intersections.
This increases the opportunities for accidents, and poorly manages the existing levels
of traffic volumes on these roadways.
Wetland Permit Application CARVR 119938
Carver County Page 6
4.7.1 Safety
Currently, the project area contains six (6) separate intersections. The signaled
intersection at 101 and 61, where 101 turns north into Chanhassen as Great Plaines
Blvd, will be reconstructed to have two thin lanes and dedicated turn lanes. The two
intersections with east and west bound CSAH 61 and Highway 101 will be replaced
by a single roundabout. The unsignaled intersection of Bluff Creek Dr. and Flying
Cloud Dr. will be replaced with a single -land roundabout.
Roundabouts were selected for the intersection because roundabouts are safer than
traffic signals and stop signs for both motor vehicles and pedestrians. Crash data from
January V, 2009 through December 31", 2012 were obtained from MnDOT's
Minnesota Crash Mapping Analysis Tool (MnCMAT). A total of 38 crashes occurred
in this time frame, none of which were fatal. According to MnDOT, installation of a
roundabout will reduce crashes by approximately a 39 percent. This is due to slower
speeds, and the angle of collision impact.
4.7.2 Flood Events
The Highway 101 Minnesota River crossing serves as an important component of the
state and regional transportation system by providing an essential traffic link across
the river for three counties; Carver, Hennepin and Scott Counties, as well as the
surrounding cities. The Highway 101 Minnesota River crossing is located below the
100-year flood elevation of the river.
Typically when there is flooding in the Minnesota River Valley both Highway 101
and nearby TH 41 are forced to close. The remaining open river crossings are US
Highway 169 and TH 25, located nearly 25 miles apart. During these seasonal flood
events, the detoured traffic adds a tremendous strain on the area's regional
transportation system when Highway 101 and TH 41 river crossings are closed.
Three major flooding events between the spring of 2010 and the spring of 2011 closed
both the Highway 101 and Highway 41 river crossings for several weeks, which
prompted MnDOT to complete the Minnesota River Flood Mitigation Study in
September 2011. The Minnesota River Flood Mitigation Study calculated the daily
combined cost of both highway closures by applying the value of additional time and
miles traveled using the Metropolitan Council's 2030 Regional Travel Demand
Model. The resulting cost was $670,000 per day in the year 2009, and is forecasted to
be $1,670,000 per day in year 2030. Using the study results, MnDOT was successful
in securing Flood Mitigation funding for the Highway 101 crossing of the Minnesota
River flocidplain area.
Table 3: Days Highway 101 Crossing Was Closed Daring Flood Events (1965-2011)
Floodingr
Spring 2011
Days Closed
43
Fall 2010
16
Spring 2010
27
Spring 2001
29
Spring 1997
18
Wetland Permit Application CARVR 119938
Carver County Page 7
Summer 1993
27
Spring 1969
17
Spring 1965
15
• Table Note: Data extracted from the 2010 Minnesota River Flood Mitigation Study. The study noted data
from the following: Data for 2010 and 2011 was provided by MnDOT. Data for 1993, 1997 and 2001 were
obtained from the Trunk Highway 41 Draft Environmental Impact Statement, Data for 1965-1969 were
estimates from historic hydrograph plots and assuming the road is closed for three days beyond the date
when the water level dropped below the closure elevation to conduct maintenance and restoration work.
Highway 101 currently closes when flood waters reach an elevation of approximately
two feet below the low road elevation at the crossing, which requires closure at 709.4
feet. Table 1 below shows the surface elevations for the 10-year, 50-year, 100-year
and 500-year flood events. As shown in the table, even a 10-year flood event can
require closure of Highway 101. Exhibit I on the following page was taken from the
Minnesota River Flood Mitigation Study. The exhibit illustrates Minnesota River flood
events and the corresponding water elevations in relation to the current closure
elevation set by MnDOT.
Table 4: Existing TH 101 Flood Elevations, and associated Graph Showing the Frequency
of Overtopping Events.
Hydraulic Event
10-Year Flood
Water Surface Elevation (ft, NGVD 29)
712.0
50-Year Flood
718.4
100-Year Flood
720.7
500-Year Flood
726.0
4.7.3 Construction Methods
The proposed project is anticipated to be constructed over two construction seasons
(summer 2014 through fall 2015). Maintaining travel during construction is proposed
to the extent practical. Temporary closures will be required for the various roadways
in the study area as certain stages of the project improvements are being constructed.
A preliminary construction staging plan has been developed that allows traffic across
the Minnesota River floodplain area throughout the duration of construction. Traffic
would continue to use the existing roadway while the new four -lane bridge is
constructed immediately west of the existing roadway. The causeway (existing land
bridge) will be removed to the elevation of approximately 700 feet above mean sea
Wetland Permit Application CARVR 119938
Carver County Page 8
level, which is approximately 11-14 feet below the elevation of the existing road
surface.
The proposed improvements along Carver County Road 61/Flying Cloud Drive and
the Highway 1010 Bridge will be staged in order to maintain traffic during
construction to the greatest extent possible. Due to poor/muck soils found under the
existing road, the reconstruction of County Road 61 will require the removal of these
poor soils and replacement with a select granular sub -base material. The depth of
excavation for purposes of correcting the soil material ranges from only a few feet to
over twenty feet.
The anticipated construction technique for the bridge across the floodplain area will
consist of placing prefabricated beams on already constructed piers and abutments.
Once the beams are placed, then the remaining operations of forming and pouring the
bridge deck curb and gutter, and barriers can be completed.
The portion of the project that consists of constructing new roadway will consist of
placing and compacting material for new roadway and embankments. It is anticipated
that the material excavated on the project will be re -used for overlay, aggregate or
embankment purposes where appropriate and in accordance with best management
practices established in MnDOT's Standard Specifications for Construction.
4.7.4 Mobility
The 2010 Average Annual Daily Traffic (AADT) along the Highway 101 crossing and
Trunk Highway 41 crossing was approximately 19,000 and 17,000 respectively.
Traffic operations data indicates that two-lane roadways begin to experience
noticeable problems once they exceed 10,500 — 12,000 vehicles per day. Design
standards suggest that 4-lane roadways would be required based on existing traffic
counts.
5.0 Wetlands
5.1.1 Wetland Delineations
Prior to visiting the project area, resources were consulted to map potential wetlands
(Level I Delineation). Resources used to estimate wetlands for the Level 1
Delineations include: National Wetlands Inventory (NWI) mapping, DNR Public
Water Inventory (PWI) mapping, County Soil Survey mapping, DNR Minnesota Land
Cover Classification System (MLCCS) mapping, Floodplain Mapping, USGS
Topographic Mapping, MnDOT Video Road Log, and Current and Historical Aerial
Photography.
These sources identify wetland areas that were investigated in greater detail during the
field delineation. A field visit was conducted to verify all level I delineations on the
MnDOT and Carver County Right -of -Way.
The project site was examined conducted in August 2012, and June of 2013 for areas
meeting the technical wetland criteria in accordance with the U.S. Army Corps of
Engineers Wetland Delineation Manual (USACE 1987) and the Regional Supplement
to the Corps of Engineers Wetland Delineation Manual: Midwest Region (USACE
2010).
Wetland Permit Application CARVR 119939
Carver County Page 9
5.2 Results
Thirteen (23) wetlands were delineated within the project site by MnDOT and SEH as
reported in the wetland delineation report, and as summarized in Table 1. These
wetlands delineated by MnDOT are labeled with a "D" prefix, while those completed
by SEH start with an "S "
More detailed information on the wetland delineation is available in the Welland
Delineation Report.
Table 5: Wetland Characteristics
Basin
ID
Cowardin
Classification
Circular 39
Classification
Eggers S Reed Classification
SI
PEMB
Type'
Fresh (wen Meado%%
S2
PEMB/PEMA
Type2/ Type 6
Fresh (wet) Meadow/ Floodplain Forest
S3
PEMC
Type 3
Shallow Marsh
S4
PEMB
Type 3
Shallow Marsh associated with Bluff
Creek
S5
PEMB
Type2
Fresh (wet) Meadow
S6
PEMC
Type 3
Shallow Marsh
S7
PEMB
Type2
Fresh (wet) Meadow
S8
PEMC
Type 3
Shallow Marsh
S9
PEMB
Type2
Fresh (wet) Meadow
S 10
PEMB
Type2
Fresh (wet) Meadow
D 1
PEMB
Type2
Fresh (wet) Meadow
D2
PFOIA
Type 1L
Floodplain Forest
1);
PUBH
Type 5
Shallow Open Water
D4
PEMF
Type 4
Deep Marsh
D5
PUBH
Type 5
Shallow Open Water
D6
PSS I A
Type 6
Shrub Swamp
D7
PEMB
Type 2
Sedge Meadow
D8
PEMC
Type 3
Shallow Marsh
D9
PFOIA
Type 1L
Floodplain Forest
D10
PEMC
Type 3
Shallow Marsh
DII
PFOIA
Type1L
Floodplain Forest
D 12
PEMC
Type 3
Shallow Marsh
D 13
PEMC
Type 3
Shallow Marsh
5.2.1 Bluff Creek
Bluff Creek is located within the project area, and flows from north to south along
Wetland S4, and the west side of Wetland ST North of CSAH 61 Bluff Creek is
composed of a defined channel, with gabion walls on the west bank. The channel
north of the project area is located through a heavily wooded area with a closed
canopy. The channel bottom is composed of cobble and gravel. Bluff Creek passes
through a two -barrel box culverts, of which the eastern barrel is buried with sand and
is vegetated and is no longer used to convey flows outside of flood conditions. South
of CSAH 61 the channel is more natural with riffles and pools and gentle meanders.
Wetland Permit Application CARVR 119938
Carver County Page 10
Bluff Creek passes through additional culverts under the eastern lane of Highway 101
and into the Minnesota River floodplain, where it has scoured and has regular
maintenance concerns.
5.2.2 Minnesota River Floodplain
The Highway 101 crossing goes through extensive wetlands and floodplain associated
with the Minnesota River. This includes areas of shallow marsh, shallow open water,
wet meadow, and wooded floodplain. For the project area, the wetland is along the
toe of slope of the existing causeway crossing. A few areas have wider cross sections,
but the causeway is entirely composed of fill material.
6.0 Sequencing
6.1 Project Altematives, Avoidance, and Minimization
Within the project purpose and need, design alternatives that would avoid and
minimize impacts were considered. Minimizing wetland impacts for the project
remains difficult due to the location of the wetlands adjacent to the roadways. Design
measures such as changes to the roadway profile, steeper slopes and minimized clear
zones have been implemented to help reduce the impact to the wetland.
Several alternatives were investigated (Appendix D- TH 101 "Wye" Feasibility
Study). These alternatives were primarily disregarded due to engineering issues, as the
majority of them impacted approximately the same amount of wetland.
6.1.1 No -build Alternative
The No -Build Alternate would involve no improvements being made and retains the
existing configuration of intersections within the project area. The No -Build Alternate
does not preclude ongoing maintenance work. The No -Build Alternate provides the
basis of comparison, or benchmark, for the Build Alternative and includes the impacts
associated with doing nothing.
The No -Build Alternative was not identified as the preferred alternative because it
fails to address the project purpose and need or satisfied the project goals and
objectives listed above.
6.1.2 CSAH 61 Alternative 1— Design and Location Alternatives
Preliminary plans included the relocation of CSAH 61 to the north of the existing
alignment. This alternative would provides over 1,100 linear feet between the new
intersection and the TH 101 North intersection. This alternative would meet future
traffic demand, but included a need to grade into the bluff. These plans required
raising the elevation of the TH 101 north intersection approximately 8 feet.
Alternative 1 would have added acres of impacts to Wetlands S3, S4, S5/6 and D13,
and would reduce impacts to Wetland 1. Impacts associated with the roundabout
would be unchanged, as the route would continue to go through Wetland Dl 1.
Alternative locations of the roundabout were also considered, but any adjustment from
the proposed location would result in additional impacts to wetlands D6 and D9
(Minnesota River, as opposed to depressional wetland). The loss of wetland Dl 1 is
the greatest impact on the project, but the adjustment to Knowing that impacts to
Wetland DI 1 were unavoidable, it was determined to concentrate the impacts to one
Wetland Permit Application CARVR 119938
Carver County Page 11
area, and reduce the overall quantity of impacts to other, potentially higher quality,
wetlands.
Roundabouts have a larger footprint than traditional intersections, and because of this,
a smaller footprint alternative was considered. Because of the location of the
intersection in the middle of wetland D11, a traditional intersection would not reduce
impacts. This is in part due the extensive amount of souls correction involved, which
expands the construction limits past what would be considered discharge for the
roadway. Because of these factors, the roundabout was selected as it provided the
greatest safety improvement, and does not diminish the wetland impacts.
The alternatives of locating CSAH 61 further north, siting he roundabout in a different
location, and using a traditional intersection were all dismissed, as they all had greater
or no decrease in wetland impacts, required additional right of way, or had greater
cost.
6.1.3 Highway 101 Alternative 2 — Design and Location Alternatives
Highway 101 was considered for multiple construction and alignment alternatives.
Analysis of raising the causeway to a higher elevation was considered but quickly
dismissed, as it would have extensive wetland impacts, and would have caused an
increase in flood elevations. No quantify of impacts were calculated for this
alternative, but have been estimated to exceed 25 acres of wetland fill.
Alternative alignments to Highway 101 were also considered, but ultimately the
alignment that follows as close to existing would have the least amount of impact.
Construction alternatives were considered, and provided the greatest opportunity to
avoid and minimize wetland impacts. The original plans for the bridge construction
proposed to set the piers into constructed riprap islands. These islands would protect
the piers from scour and debris, but would have a considerable footprint of discharge
into wetland. Impacts from the island piers would have added between 5and 6 acres
of wetland impacts. The decision to go with unprotected bent piles, eliminate the
riprap, and reduced impacts to the Minnesota River floodplain to only 9,350 sf.
6.1.4 Alternative 3 — Preferred Alternative
The Preferred Alternative includes plans for a new bridge across the Minnesota River
to replace the existing Highway 101 causeway. Construction of the new bridge will
allow for the removal of the existing causeway (fill material) from the Minnesota
River 100-year floodplain area The new bridge will elevate the roadway
approximately 3 feet to 22 feet above the existing roadway, which will raise the
roadway above of the 100-year flood elevation and consequently minimize road
closures from flooding without increasing the 100-year flood elevation. The use of
unprotected bent piers significantly reduced impacts for the bridge portion of the
project. The removal of the causeway is also a major environmental improvement by
restoring the wetland, and reconnecting areas of Minnesota River floodplain.
The CSAH 61/Flying Cloud Drive roadway improvements include adding safety
through two new roundabout intersections at the Highway 101 "Wye" and Bluff Creek
Drive intersections. The existing high traffic volumes are also addressed by adding a
four -lane roadway section between the Highway 101 "Wye" intersection on the east
and Bluff Creek Road on the west. In addition, the CSAH 61/Flying Cloud Drive
Wetland Permit Application CARVR 119938
Carver County Page 12
improvements include a traffic signal at the Highway 101 (American
Boulevard)/Flying Cloud Drive intersection.
6.1.5 Summary of avoidance and minimization
Wetland impact avoidance and minimization has successfully been achieved with this
project. When the project was initially designed, before the design could be refined,
the impacts were estimated to be approximately 11.5 acres of lost wetland. By
locating CSAH 61 closer to the existing alignment, and reducing the extent of soils
corrections needed, the impact were reduced to approximately 7.5acres. The use of
bent pile piers for the new bridge further reduced impacts to the current 4.96 acres. In
total, impacts have been reduced by more than 50% through design refinements.
7.0 Wetland Impacts
The proposed project will result in the permanent loss of wetland habitat. Wetland
impacts will result from the direct placement of fill material into wetland habitat, and
convert the area into non -wetland. Additional impacts are the result of excavation to
incorporate those areas into storm water treatment features. In addition to wetland, the
project proposes to realign Bluff Creek, which is a MNDNR Public Water. The
construction of the new Highway 101 bridge will also impact Public Water, consisting
of Minnesota River backwater and floodplain areas. Wetland impacts are summarized
in Table 6.
Table 6 Wetland Impacts
Basin
ID
Gmardin
Classification
Circular 39
Classification
Eggers A Reed
Classification
Impact TNpe
\\ etland
Impacts
(acnro)
S 1
PEMB
Type 2
Fresh (wet) Meadow
Fill
0.44
Sl
PEMB
Type 2
Fresh (wet) Meadow
Excavation
0.05
S2
PEMB
Type 2
Fresh (wet) Meadow
Fill
0.44
S3
PEMC
Type 3
Shallow Marsh
Fill
0.21
S5/S6
PEMB
Type 2
Fresh (wet) Meadow
Fill
0.66
S8
PEMC
Type 3
Shallow Marsh
Fill
0.01
S8
PEMC
Type 3
Shallow Marsh
Excavation
0.01
DI 1
PEMB/PEMC
Type 2/3
Fresh (wet) Meadow,
Shallow Marsh
Fill
1.99
Dl 1
PEMB
Type 2
Fresh (wet) Meadow
Excavation
0.47
Bluff Creek
PEMB
Type 2
Fresh (wet) Meadow
Realignment
0.47
Minnesota River
Crossing
PEMC
Type 3
Shallow Marsh
Bent Piers
0.21
Total Impacts
4.96 acres
7.1 Bluff Creek Impacts
As partof the proposed action, the culverts under CSAH 61 and under TH 101 will be
removed and replaced with bridges. A new 36' x 101' bridge is proposed to be
constructed along CSAH 61/Flying Cloud Drive to allow Bluff Creek and a new
pedestrian trail to pass under the roadway. Construction of the proposed project
requires the removal of unsuitable organic material below the proposed roadway. The
Wetland Permit Application CARVR 119938
Carver County Page 13
removal extents of this project combined with the roadway footprint for the proposed
project result in the channel being impacted in its entirety.
The creek channel is also proposed to be relocated as part of the proposed roundabout
intersection design. Nearly 500 linear feet of the creek, located between CSAH 61 and
Highway 101 will be realigned as part of the project. The future channel will be
approximately 100 feet longer, and has been designed to meander to provide
additional habitat for wildlife and eliminate the current steep (2.3% slope) and
incorporate a natural channel bottom. The river banks of the realigned Bluff Creek
will be graded to allow for natural vegetation. The proposed stream design will no
decrease the length of the existing channel.
Benefits of the creek realignment include reestablishing a natural flow which has been
obstructed from the existing culverts. The resulting design will decrease overall flow
velocities at the roadway crossing. This will allow a more appropriate velocity for fish
passage. The stream bed and banks will be seeded using native vegetation mixes.
7.2 Pedestrian Trail Impacts
The project includes the construction of a trail, which will connect with existing
regional trail systems. The trail is located on the north side of CSAH 61, and will
share the bridge crossing of Bluff Creek. The trail will have wetland impacts of 0.08
acres. Impacts have been minimized by placing the trail within the area of the
construction limits that already has soils correction, which has already been
considered an impact for the roadway.
7.1 Wetland Re-establishment
Construction of the new bridge will allow for the removal of the existing causeway
(fill material) from the Minnesota River 100-year floodplain area. The removal of the
existing Highway 101 causeway across the Minnesota River floodplain area will have
a positive effect by allowing restoration of natural wetland/floodplain habitat to re-
establish. Approximately 427,983 ftZ (9.82 acres) are anticipated to re-establish natural
wetland/floodplam habitat through the removal of the exiting causeway. This cannot
be claimed as mitigation, but is a substantial environmental benefit.
8.0 Wetland Replacement Plan
Wetland replacement is proposed through the BWSR road program and Wetland
Banking. The replacement plan for the Southwest Reconnection Project is summarized
in Table 7. Descriptions of the plan are found in the following paragraphs.
Table 7 Summary of Wetland Replacement Plan by Bank Site
Impact Source
Mitigation Source
Wetland
Wetland Mitigation
Im acts acres
acres at 2:1 ratio
Roadway, bridge. and
BWSR Road Bank
4.88
9.76
storm water ponds
Pedestrian trail
German Settlement
0.08
0.16
Bank 41175
Totals
4.96
9.92
Wetland Permit Application CARVR 119938
Carver County Page 14
8.1.1 BWSR Road Program
The reconstruction of the Highway 61/101 Flood Mitigation project has been proposed
as a safety improvement. In addition to flood mitigation, the roadway and intersection
improvements along Carver County Road 61/Flying Cloud Drive will improve safety
and capacity based on existing traffic volumes.
On the basis that the project is proposed primarily for safety improvements, and the
project is being led by a local road authority (Carver County), it is proposed to
complete the compensatory mitigation requirements through the Board of Water and
Soil Resources road safety program.
The road components of the project propose to impact a total of 4.88 acres of wetland
habitat. This includes areas of both fill and excavation, and includes area of Public
Waters. It is proposed to provide mitigation at a 2:1 ratio, which would require the
withdrawal of 9.76 acres of wetland from the BWSR road program. It is requested
that BWSR identify the bank to be uses as part of this project review.
8.1.2 Wetland Banking
Additional impacts are anticipated due to the proposed pedestrian trail. These impacts
cannot be mitigated using the BWSR road bank and thus a mitigation plan is outlined
below.
Unavoidable impacts to wetlands will be replaced in accordance with the rules and
requirements of the USACE and the Minnesota WCA. The preferred method of
wetland replacement is by purchasing credits from an approved wetland bank.
The USACE rules require a base replacement ratio of 2.5:1 in Carver County for
wetland impacts, with incentives to reduce that ratio to a minimum of 2:1. Incentives
are offered if the wetland mitigation is provided "in kind," with wetland replacement
being the same type as that impacted; "in place," in the same wetland bank service
area; and `tin advance," or prior to the impacts from the proposed action. In Carver
County, the replacement ratio begins at 2.5:1 and decreases incrementally by 0.25:1
for each of the three incentives that are met with a minimum ratio of 2:1. In wetland
banking situations, the "in advance" requirement is met if the wetland credits are
purchased from an approved wetland bank.
WCA requirements stipulate a standard wetland replacement ratio of 2.5:1 for impacts
in a <50% area, 50-80% area, or non-agricultural land that are replaced outside the
BSA or County and a standard ratio of 2:1 when those impacts are replaced within the
same BSA or County.
SEH contacted several banks located in BSA #9 from the BWSR Available Wetland
Bank Credits Database.
Wetland credits from the Scott County wetland bank, German Settlement (No. 1175)
will be used for compensatory mitigation. Bank 1175 is located within is within BSA
#9 and major watershed #33-Minnesota (Shakopee), and has sufficient credits
available.
A replacement ratio of 2:1 will be applied for both the USACE and for the WCA. The
proposed replacement via wetland banking is considered "in advance" and "in place"
Wetland Permit Application CARVR 119938
Carver County Page 15
and qualifies for both of these two 0.25:1 reduction incentives under USACE
Mitigation Policy. The proposed wetland bank is within the same BSA as the impacts,
there therefore the required replacement under the WCA is also 2:1. To mitigate the
0.08 acres (3,593 sf) of wetland impact associated with the Proposed Action, a total of
0.16 acres (7187 sf) of wetland credit will be withdrawn from bank site No. 1175.
9.0 Permitting and Regulatory Jurisdiction
Wetlands in the project area are regulated by several agencies at the local, regional,
state, and federal levels including the USACE and the EPA at the federal level; the
Minnesota Board of Water and Soil Resources (BWSR), Minnesota Department of
Natural Resources, and the Minnesota Pollution Control Agency (MPCA) at the state
level; the Carver County Soil and Water Conservation District at the regional level;
and Carver County at the local level. The City of Chanhassen has accepted the
responsibility for the administration of the Minnesota Wetland Conservation Act
(WCA) of 1991, on the basis that the majority of impacts are within the city limits.
Specific permit actions are described below.
9.1 U.S. Anny Corps of Engineers
All of the wetlands in the project area are under the jurisdiction of the U.S. Army
Corps of Engineers, and a Preliminary Jurisdictional Determination would be
accepted.
This permit application is a request for a Letter of Permission, and acceptance of the
use of the BWSR bank for wetland replacement related to the roadway safety
improvements. It is requested that the use of the German Settlement Bank be allowed
for impacts associated with the pedestrian trail. Mitigation is proposed at a 2:1 ratio
for all aspects of the project.
All of the 4.96 acres of impacts are regulated by the USACE.
It is requested that 401 Water Quality Certification be completed in conjunction with
this review, and that waiver of LOP projects be considered. In anticipation of this, a
copy of this application has not been provided to the Minnesota Pollution Control
Agency.
9.2 Wetland Conservation Act — City of Chanhassen
The City of Chanhassen is responsible for administration of the WCA in the project
area. The project is eligible for Replacement Plan Approval under the Minnesota
Wetland Conservation Act for impacts to wetland within the project area.
Of the 4.96 acres of impacts, the WCA only regulates those that are not also MNDNR
Public Waters. The impacts to Bluff Creek (0.47 acres) and the Minnesota River (0.21
acres) are not under the jurisdiction of the WCA. Therefore, the impacts under the
WCA are 4.28 acres.
This permit application is a request for Replacement Plan Approval under the rules
of the Minnesota Wetland Conservation Act of 1991. A copy of the Minnesota
Local/State/Federal Application Form for Water/Wedand Projects is included at the
beginning of this document.
Wetland Permit Application CARVR 119938
Carver County Page 16
Compensatory mitigation for wetland impacts is proposed through withdrawal of 9.76
acres of credits from the BWSR transportation bank and 0.16 acres from wetland bank
No. 1175. The request for replacement exceeds the WCA requirements, as it includes
mitigation for lost areas of Public Water. This is consistent for the BWSR to provide
mitigation for all impacts related to a project, not just those under the jurisdiction of
the WCA.
9.3 Minnesota Department of Natural Resources
The MNDNR is responsible for all public waters and public waters wetlands in the
project area. This permit application describes project activities with Bluff Creek
(realignment) and the Minnesota River (bent piers for new bridge).
An existing 421 feet of Bluff Creek, with an area of 0.47 acres, will be relocated to
create a new channel. The new channel will be 529 feet, and will also replace two
Culver crossings with bridges. Although the net area of Bluff Creek will increase, the
loss of the existing channel is proposed for replacement via the BWSR road bank.
This is consistent with past projects of a similar impact.
The placement of bent piles in the Minnesota River floodplain (Public Waters 10-
221 W and 27-132P, Rice Lake) is also considered an impact, although it is a structural
discharge. The area of the bent piles is estimated to be a total of 0.21 acres
(9,350 sf),based on an estimate of 374 piles within wetland, and an average area of 25
square feet for each structure. Mitigation is proposed for these impacts, as they are
permanent.
It is requested that although it is not eligible for use as mitigation, that the restoration
of the former causeway, and the addition of 9.82 acres of Public Water Wetland be
considered in the overall review of this project.
This permit application is a request for permission to work in the bed of Bluff Creek,
Public Water 132P, and Public Water Wetland 10-221 W. A copy of the Minnesota
Local/State/Federal Application Form for Waters/Wetlands Projects is included at the
beginning of this document. An electronic submittal has also been made through
MPARS.
10.0 Supplemental Information
In addition to the wetland components. the project has been reviewed for a variety of
ancillary topics. These are discussed below.
10.1 U.S. Fish and Wildlife and MNDNR Property
The large portion of the project area lies adjacent to wildlife management areas; US
Fish and Wildlife Service (FWS) MN Valley National Wildlife Refuge and the DNR
Raquet Wildlife Management Area (WMA). The portion of the project area that
crosses the Minnesota River floodplain as had no previous development except for the
construction of Highway 101. The floodplain habitat found adjacent to the highway
corridor primarily consists of forested wetlands and grasslands. Along Carver CSAH
61 (Flying Cloud Drive), there are scattered private parcels with recent land
disturbances that can be characterized as more rural commercial and residential
development
Wetland Permit Application CARVR 119938
Carver County Page 17
Construction of the proposed project will be staged such that the project will not
occupy either temporarily (during construction) or permanently within the US FWS
Minnesota River Valley National Wildlife Refuge property. Since the eastern
boundary of the designated Raquet WMA abuts the existing Highway 101 causeway
across the Minnesota River floodplain area, a narrow strip of the WMA will be
affected by the construction of the new bridge. Furthermore, a small permanent right-
of-way will be needed from the MNDNR on a parcel of property owned by the
MNDNR near the north end of the proposed bridge. A land transfer between the
MNDNR and MnDOT has been previously discussed and since Highway 101 will be
turned back to Carver and Scott Counties a local jurisdictional transfer of the roadway
and right-of-way is planned to occur
10.2 State Threatened and Endangered Species
The Minnesota NIBS has been queried to determine if any rare plant or animal
species, native plant communities, or other significant natural features are known to
occur within an approximate one -mile radius of the project area. Based on this query,
rare features have been documented within the search area. The Minnesota River
contains several types of rare species (fish and native mussel species). A restoration of
the floodway should ultimately provide aspects for their benefit; precautions should be
taken not to cause adverse impact during construction. With appropriate sediment
control measures during construction, the MNDNR does not believe the project will
negatively affect any known occurrences of raze features.
A Scientific and Natural Area (SNA), is located a short distance southwest from the
immediate Southwest Reconnection Project study area. The SNA includes a rare
calcareous fen (known as the Seminary Fen) with threatened plant species. According
to the MNDNR, the establishment of a SNA is intended to preserve and perpetuate the
ecological diversity of Minnesota's natural heritage, including landforms, fossil
remains, plant and animal communities, rare and endangered species, or other biotic
features and geological formations, for scientific study and public edification as
components of a healthy environment. Continued coordination with the MNDNR and
LMRWD will occur to ensure no impacts occur to the Seminary Fen as a result of the
proposed improvements.
10.3 Storm Water Treatment
In accordance with the requirements of the NPDES permit, the roadway design will
include storm water treatment BMPs that will be designed and built to comply with
the NPDES Construction Stormwater permit requirements (in effect prior to August
2013), Lower Minnesota River Watershed District (LMRWD) volume control
standards and City of Chanhassen storm water design standards. The project includes
two planned filtration basins and two wet detention ponds to treat runoff from the
local roadway, bridge and intersection improvements.
10.4 Archeological Resources
The proposed project was reviewed for archaeological, historical, and architectural
resources. No historic structures eligible for listing on the National Register of
Historic Places (NRHP) were identified in the study area. However, Phase 1 and Phase
2 investigations were completed for several potentially eligible archaeological sites.
Background research was conducted at the Minnesota State Historic Preservation
Office and Minnesota History Center Library prior to field surveys. Research
Wetland Permit Application CARVR 119938
Carver County Page 18
included a review of previously recorded sites, historic plat maps, and historic
accounts of Native American sites along the Minnesota River near Shakopee. No
sites were recorded in the project area from these sources. Below is a summary of
field investigations for four sites that could be impacted by the proposed roadway
improvements.
Site 21CR154 - This site is a precontact habitation that consists of a sparse amount of
lithic debris, fire -cracked rocks, and animal bone. Site activities are inferred to
include animal processing, cooking, and lithic reduction. The portion of the site within
the existing road right-of-way was evaluated and was recommended not eligible for
listing on the NRHP. A small portion of the site was surveyed outside of the road
right-of-way, and this portion of the site is recommended for further Phase 2
investigations. In summary, a total of 31 deep auger tests were dug in five and ten -
meter intervals at the site, with only seven tests containing artifacts. Artifacts were
recovered from 0 to 80 cm below surface. Two (1 x 1 meter) excavation units were
also dug, but neither unit contained artifacts.
Site 21 CR 155 - This site is an early Archaic or Late Paleoindian habitation that
consists of a moderate amount of lithic debris, stone tools, fire -cracked rocks, and
butchered and calcined (burned) animal bone (bison or elk). Site activities are inferred
to include animal processing, cooking, lithic reduction, and stone tool production. A
total of 42 deep auger tests were dug in five and ten -meter intervals, with30 tests
containing artifacts. Seven (I x I meter) excavation units were also dug. Artifacts
were recovered from 100 to 240 cm below surface, with most recovered from a buried
soil between 220 and 240 cm. Lithic materials include Knife River Flint and Hixton
Quartzite that derive from western North Dakota and west -central Wisconsin.
Radiocarbon dating was performed on the animal bone (bison or elk) and provided a
conventional date of 7160 BP1 (+/-30), with a 2 Sigma Calibration of 8020 to 7940
BP. The evaluation results indicate that the site has the potential to provide important
information on the precontact period because of the site's research potential and the
well-preserved cultural deposits that have integrity. The site is recommended eligible
for listing on the NRHP, and a Phase 3 data recovery is recommended if the site can't
be avoided.
Site 21CR156 — This site is a precontact habitation that consists of a moderate amount
of Late Woodland ceramics, lithic debris, stone tools, and animal bone. Site activities
are inferred to include animal processing, cooking, lithic reduction, and stone tool
production. A total of 50 deep auger tests were dug in five -meter intervals, with 35
tests containing artifacts. Artifacts were recovered from 20 to 240 cm below surface.
Eight (1 x 1 meter) excavation units were also dug. The site contains stratified Late
Woodland, Archaic, and Late Paleoindian components. Radiocarbon dating was
conducted on calcined/burned turtle bone, which provided a conventional date of 7040
+/- 30 BP, with a 2 Sigma Calibration of 7940 to 7830 BP. The evaluation results
indicate that the site has the potential to provide important information on the
precontact period because of the site's research potential and the well-preserved
cultural deposits that have integrity. The site is recommended eligible for listing on the
' Before Present (BP) years is a time scale used in archaeology, geology, and other scientific disciplines to specify when
events in the past occurred. Because the "present" time changes, standard practice is to use I January 1950 as the origin of the
age scale, reflecting the fact that radiocarbon dating became practicable in the 1950s.
Wetland Permit Application CARVR 119938
Carver County Page 19
NRHP. The site will be avoided since it has been determined that the site is located
outside the construction limits of the Southwest Reconnection Project.
Site 21CR157 - This site is a precontact habitation that consists of lithic debris, fire -
cracked rock, and animal bone. Site activities are inferred to include animal
processing, cooking, and lithic reduction. The site is buried below modem fill, and
three tests contained artifacts from 130 to 300 cm below surface. The site is
recommended for further Phase 2 investigations.
Since the project will require a US Army Caps of Engineers (USACE) wetland
permit, it is following the federal Section 106 process. Carver County has coordinated
with USACE and the MnDOT Cultural Resources Unit on the required tribal
consultation and will be developing a Memorandum of Agreement (MOA) that will
detail the process for mitigating impacted archaeological sites.
Wetland Permit Application CARVR 119938
Carver County Page 20
List of Figures
Figure 1 — Site Location and Topographic Map
Figure 2 — Aerial Photograph (2012)
Figure 3 — MNDNR Public Waters Inventory
Figure 4 — National Wetlands Inventory
Figure 5 — Soil Survey for Carver and Scott Counties
Figure 6 — Wetland Impacts
Figure 6-1- Wetland Impacts — West Side CSAH 61
Figure 6-2 — Wetland Impacts — West Side CSAH 61
Figure 6-3 - Wetland Impacts — Highway 101
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PmjP CARV 1199W
J » "'MmN1ER0" NM DO. Wetland Impacts - Overall Project Figure
•i. PAU 11C 00110
!AA (•l1)4W41M "W. UWNM 83 TH 61 and CSAH 101 Roadway Improvements 6
S EH WAM W42�> LM,C
^""" ° Carver and Scott Counties, Minnesota
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Wetland Impacts w; s.p� r•r r X�KK �� t`•t Y
p
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--- Roadway Features „ ' -i.
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40
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Roadway Features
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k. A
]5]S MONMS CENTEP CR
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PfojMt CARVR 119938
Nnt Date IV20QO13
Wetland Impacts
Figure
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TH 61 and CSAH 101 Roadway Improvements
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Appendix A
Project Plan Sheets
Wetland Permit Application CARVR 119938
Carver County Page 22
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Appendix B
Wetland Delineation Report
Wetland Permit Application CARVR 119938
Carver County Page 23
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The TH 101 Wetland Delineation Report is located on the attached CD at the end of this document.
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Appendix C
"Wye" Feasibility Study
Wetland Permit Application CARVR 119938
Carver County Page 24
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The TH 101 "Wye" Feasibility Study is located on the attached CD at the end of this document.
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Appendix D
Combined Wetland Application Forms
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NA-026620-03B
(V.2.02 for MS WORD) 9/172007
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
USE THIS APPLICATION FOR ANY PROJECT AFFECTING A LAKE, RIVER, STREAM OR WETLAND,
INCLUDING:
Local Government Unit Approval Pursuant to Minnesota Wetlands Conservation Act (WCA)
Minnesota Department ofNatuml Resources (DNR) Permit to Work in Public Waters
Department of the Army Permit (33 CFR 325)
Note: The U.S. Army Corps of Engineers (COE) will forward application forms to the Minnesota Pollution Control Agency (MPCA) for
processing if state water quality certification is required from the MPCA. You do not need to send this application to the MPCA.
This application packet includes :
Part 1: The BASIC APPLICATION and the COE APPLICATION to be filled out by all applicants (ace Instructions).
PART IL• The REPLACEMENT PLAN SUPPLEMENT to be completed onlyfor projects that impact wetlands and require a
replacement plan for wetland mitigation. If you're not sure whether your project requires a replacement plan, call your Local
Government Unit (LOU) or Soil and Water Conservation District (SWCD) office for guidance.
Do not proceed with your project until you have received all required approvals from your LGU, the DNR and the COE. If you wish to confirm
the status oryour application at anytime, contact the agencies directly (sec Instructions, page 2). 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 outthem forms, contact your local SWCD office, your LGU, your Area DNR Ecological
and Water Resources office, or your COE Sold office (see Instructions, page 2).
If you believe that your project may be subject to watershed district, local zoning, or any other local regulations besides those of you LOU,
contact those office(s) directly. If you are a Federal Farm Program participant and your project affects a wetland or water body on agricultural
land, your eligibility for USDA benefits may be affected. Contact a Natural Resources Conservation Service office for further information.
A QUICK LOOK AT THE PROJECT APPLICATION PROCESS
Electronic files: Forms can be downloaded and filled out using Microsoft Word. Your input will be restricted to fd-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 these completed application forms to your LGU, your Area DNR Ecological and Water Resources office, and your COE regulatory office.
Any of the agencies may make initial contact with you to: a) inform you that it has rro jurisdiction over your project; b) request additional information needed; or 0
inform you of applicable fees.
When your application is considered complete and appropriate fees have been received (if requested) it will be distributed for appropriate review.
Following agencies' reviews, you will be informed it it has been approved, approved with changes or conditions, withdrom, or denied.
For information about slate laws, rules and regulations that direct this process go to the web site wwwrevisoclegstate.rnn.us. For information on U.S. Army Corps
of Engineers regulations go to the web site www.emp.usacc.anny.mil.
Instructions for Part I
KELP 1: Every applicant must fill out Section 1. The applicant is the person, agency, company, corporation, or other organization that owns,
leases, or holds other legal rights to the land where the project is located. Indicate names of multiple applicants on a separate sheet.
FIF.LP lA: Fill out Section 1A only if you have designated an authorized agent. An authorized agent may be an attorney, builder, consultant,
contractor, engineer, or any other person or organization designated by die applicant to represent him/her in this process. An agent is not required.
HELP 5: Purpose, description and dimensions of project: State briefly (in a sentence or two) what you propose to do end why it is needed.
Also, describe whether your project will involve any of the following:
Construction of structures, filling, draining, dewatering, removing, excavating or repair.
- Construction of an access path, bridge, culvert, dam, ditch, dock, driveway, rlpmp, road, sand blanket, shore protection, or the line.
Construction of any structures on fill, piles or a float -supported platform. If so, describe.
Dredging or discharging (placing fill material) into a wetland or other water body (including the temporary placement of material). If so,
explain the specific purpose of the placement of the material (such as erosion control) and indicate how it will be done (such as with a
backhoe or dragline). If dredged material is to be discharged on an upland site, identify the location of the site.
Minnesota Local/Smte/Federal Application Forms for Water/Wetland Projects
Instructions, Page I
Include an overhead view drawing showing the work to be undertaken and its relative location on the property. Show items such as
property boundaries or lot dimensions; location and extent of shoreline, wetlands and water; location and dimensions and footprint of the
proposed project, structure or activity (include length, width, elevation and other measurements as appropriate); points of reference such as
existing homes, structures, docks or landscape features, indication of north; and location of spoil and disposal sites (if applicable). Hand drawn,
computer generated or professionally prepared drawings are acceptable, as long as they contain all necessary information clearly, accurately,
and in adequate detail. Please include specific dimensions whenever possible. You may also include photos, if you wish. Paper copies should be
limited to maximum dimensions of I I" by I7". Computer files should be viewable in a PDF format; contact the agency for other usable formats.
HELP 7: For information regarding adjacent landowners, contact the tax assessor where the project is to be developed.
HELP 8: If any part of the work has already been completed, describe the area already developed. Include a description of structures
completed; any dredged or fill material already discharged (including type of material and volume in cubic yards); acres or square feet filled (if
a wetland or other water body); and whether the work was done under an existing permit (if so identify the authorization, if possible).
HELP 9: Other permits, reviews or approval related to the project may include the following; conditional use permit; plat approval;
zoning variance; National Pollutant Discharge Elimination System permit; state disposal system permit (includes dredged material disposal);
watershed district/watershed management organization permit (stotmwater, erosion, floodplain); environmental assessment
worksheeUenvironmenlal impact statement; hazardous waste site; feedlot permit; groundwater appropriation permit; or countyltownship
driveway/road permit. Are you aware of any archeological or cultural resource determinations or surveys completed concerning the project or
replacement site by the State Historic Preservation Office (SHPO) or others? If yes, please explain on a separate sheet or attach a copy of any
determinations or surveys.
Final Checklists (Part 1)
❑ Have you completed all of Part I (Page 1), plus the Federal application (Page 2)7
❑ Did you (and your agent, if applicable) sign Section 10 on page 17
❑ Have you signed the Application for the Department of the Army Permit (Page 2) to seek Federal authorization of your project!
❑ Have you included the necessary attachments for Part 17
Attachments nurs/ Include:
❑ Site Locator Map (Section 3)
❑ Type of Project (Section 4) (if additional space was needed)
❑ Overhead View of Project (Section 5 and HELP 5)
❑ Project Purpose, Description and Dimensions (Section 5) (if additional space was needed)
Attachments may also include:
❑ Applicant Contact Information (HELP 1) (if additional space was needed)
❑ Project Location (Section 3) (if additional space was needed)
❑ Project Alternatives (Section 6) (if additional space was needed)
❑ Photographs
❑ Adjoining Property Owners (Section 7) (if additional space was needed)
❑ Work Already Completed Section (Section 8) (if you answered YES)
❑ State Historic Preservation Office determination or survey
Submitting Your Application
Make three copies of the entire application and all attachments. Keep the original, and mail a complete copy of your application to each of the
local, state, and Federal entities listed below. Be sure to include Part I and all attachments with each application.
LOCAL: Send to the appropriate Local Government Unit (LGU). If necessary, contact your county Soil and Water Conservation District (SWCD)
office or visit the Board of Water and Soil Resources (BWSR) web site (www.bwsr.statc.mn.us) to determine the appropriate LOU.
STATE: Send to your Arcs DNR Ecological and Water Resources office, attention Area Hydrologist. Ifnecessary, contact your county Soil and Water
Conservation District
(SWCD) office or visit the DNR wcbsite (www.dnr.state.mn.us) to locate the Area Hydrologist for your location, or contact a Regional DNR office:
NW Region: NE Region: Central Region: Southern Region:
2115 Birchmont Beach Road N.E. 1201 East Highway 2 1200 Warner Road 261 Highway 15 South
Bemidji, MN 56601 Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073
Phone:218-308-2620 Phone:218-327-4416 Phone:651-259-5845 Phone: 507 359-6053
FEDERAL: Send to the appropriate U.S. Army Corps of Engineers regulatory field office
Brainerd:
St. Paul:
Lo Crescent:
Two Harbors:
U.S. COE, Regulatory Branch
U.S. COE, Regulatory Branch
U.S. COE, Regulatory Branch
U.S. COE, Regulatory Branch
10867 E. Gull Lake Drive N.W.
Army Corps of Engineers Centre
1114 South Oak Street
1554 Highway 2, Suite 2
Brainerd, MN 56401-9051
190 5" Street East
La Crescent, MN 55947-1338
Two harbors, MN 55616
Phone; 218-829-8402
St. Paul, MN 55101-9051
Phone;507-895-8059
Phone: 2I8-834-6630
Phone: 651-290-5375
WEB SITES: BWSR: www.limr.stae.m ats U.S. ACOE: mrn.mvp.usace.amty.mil DNR: wwwAm.state.mn.us MPCA: vnvw.pca.state.mn.w
Minnesota Local/State/Federal Application Forms for Wat Mcdaad Projects
Instructions, Page 2
NA-026620-03B
(V.2.02 for MS WORD)9/172007
Minnesota Local/State/Federal Application Form for WaterNetland Projects
For Internal Use Only
Application No. Field Office Code Date Initial Application Received Date initial Application Deemed Complete
PART I: BASIC APPLICATION
"See HELP" directs you to important additional information and assistance in Instructions, Page 1.
1. LANDOWNER/APPLICANT CONTACT INFORMATION (SeeHdp1)
Name: Lyndon Robjent, Public Works Director Carver County MN Phone: 952.466,5200 E-mail: Irobjent@co.carver.mn.us
Complete mailing address: 11360 Hwy 212, Suite 1 Cologne, MN 55322
IA. AUTHORIZED AGENT (See Help IA) (Only ifapplicable; an agent is not required)
Name: Deric Deuschle, SEH Senior Biologist Phone: 651.490.2114 E-mail: DDeuschle@sehinc.com
Complete mailingaddress: 3535 Vadnais Center Dr. St. Paul, MN 55110-5196
2. NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed)
Name or I.D. # of Waters Impacted (if applicable; if known):
(Check all that apply): ❑ Lake ❑ River ❑ Circular 39 Wetland type: ❑ 1, ® IL, ® 2, ® 3, ® 4, [15, ® 6, ❑ 7,118
Wetland plant community type': ❑ shallow open water, ® deep marsh, ® shallow marsh, ❑ sedge meadow, ® fresh meadow,
❑ wet to wet-mesic prairie, ❑ calcareous fen, ❑ open bog or coniferous bog, ® shrub-carrialder thicket,
❑ hardwood swamp or coniferous swamp, ® floodplain forest, ❑ seasonally flooded basin
Indicate size of entire lake or wetland (check one): ❑ Less than 10 acres (indicate size: 7.16) ❑ 10 to 40 acres ® Greater than 40 acres
3. PROJECT LOCATION (Infavnalion can be found on property raj statement properly title or title insmonce):
Project street address: Fire #: City (if applicable): Errorl Reference
source not found., Shakopee
Y4 Section: Section: 35, 36 Township #: 116 N, 115N Range #: 23 W County: Carver, Scott
Lot #: Block: Subdivision: Watershed (name or #) 9 UTM location: N E
Attach a simple site locator map. If needed, include on the map written directions to the site from a (mown location or landmark, and
Provide distances from known locations. label the sheet SITE LOCATOR MAP.
4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed.
See Attached
5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to
construct the project with dimmsicas (length, width, depth), area of impact and when you propose to construct the project. This is the
most important part of your application. See HELP 5 before completing this section; see What To Include on Plans (Instructions,
page 1). Attach PROJECT DESCRIPTION sheet
See Attached
Footprint of project: 4.96 acres or square feet drained, filled or excavated.
6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimizes impacts
to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (one of which may be "no
build" or "do nothing"), and explain why you chose to pursue the option described in this application over these alternatives. Attach
PROJECTALTERNATIVES sheet if needed.
See Attached
7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wrtlands, list the complete
mailing addresses of adjacent property owners on an attached separate sheet. (Sec HELP 7)
8. PORTION OF WORK COMPLETED: Is any portiou of the work in wdlaud or Witter areas already completed? ❑ Yes ❑No. if
yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (SM IRVLP 8)
9. STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that ore either pending or
have already been approved m• denied on a separate attached sheet. See HEIP 9. .
.10. 1 am applying or state and loml authorization to wnduct the work described in thls application. I am familiar with the information
contained In dr on. To the best of my knowledge and belief, all information in Part I is (rise, complete, and accurate. 1 possess
the authority a the work described, or I am acting as the duty authorized agent of the applicant.
r
Sie alma aoo1 aondmrnerd ale Sigrmhnle of agent (Ijappltrnble) Dare
T1ds Wort must signed by theperson who desires to undertake the proposed activity and has the necessary pro" Lights to do W. If only the Agent has sirrA
please all shed signed by the landowner, giving necessary authorization to the Agues.
'See Welland %ants and Plant Connnu Cities of Minnesota and If rsconsin (Eggersand Reed, 1997) as modified by the Board of Water and Soil Resourccs,
United States Army Corps of Enginems. i
Mimesota LocaVState/Fedeml Application Forms for Water/Wctlnnd Protects Pagel .
APPLICATION FOR D)rPARTMDNT OF THE ARMY PERMIT fd.T CFR325) OAD4APr3t0VALr'(ts.u11u-uw asurncavw =,-��
ThA pnblie bmde s fw this collcdl6n of infommtion b eslbnetcd to avnege 10 hours per reslsmise; ellhough We mn,honly ofapplmalwns should ttquho g hours a 1acs. This anal CA
the livre fa reviawh,g hpimcliom,sanebing existing dab sources, gartering and maidoWivg the Mtn leMeQ end wmpbdvg tad wvimving l6e wlkclina of infrasval{Wt. Send
wmmeab regarding this bmelen estimate ar any vWar esped of Ilds colledion of Inforntolioq ieduding suggalions formdacing Mu burden, loDepadmmrt ofDefease, Washingloo
HwdeumtenS nvopinedocaleofi*ct(0710OlxraliensmidR., T)G12153cRmonpnWs Liold be ,im1204,liwl hOlksternlimAVA Any ou 3n;vndm fIOmee eManogcment
sad Dudgd,y l..hork Reduedon Project( ilhA.11),Washington, Dti20ifit Respovdnasy...re munchdOnll wW.1inagsay Whenprovisionofbw,% ynrshallbe
subjwllo any pwatly for tailing Weomply wishe mllwtion ofinfmmotiau ffit does not dispinyn cunenlly valid OtM wdml rumba. Please DO NlyI`RL'1'l1RN yam fom�lo
oitheroflScseade.,. Completed applisoti. most be m6mineA to the Distrid eagincea hnvingimlutidlon over the loation at the proposed adivily.
PRIVACY ACT STATEMENT: AWhso ioe: Risen and llmboa Ad, Scdion 10, 33 USC 403; Own Wnkr Ad, Swlimn 404,33 USC 1344; Marine Pmledion, Research and
Sendaeriea Ad, 33 USC 1413, SwtIw 103. Fmoipat rnupom; Infoneatiou provided on this form will be mod in ovalnming tho vipliaticn faro permlt. Routine uses: This
In2rmdion nwy6c slmttdavith llm Deponmenn of3unia mid nMa Federal, slain, end Wool gowm�nem agwciw. Stlbmisaaaofmqualedinfonaa(iouissofuutay;howem,lf
Information is net amvided. the mnail arnlientinn connotM evahwed nor cen a acn,otb 0
ITEMS 1 THROUGH 4'TO BE FILLED IN BY T1IE CORPS
1. APPUCA11ON NO. 12. FIELD OFFICE CODE 13. DATE RECRIYEI) 14. DATE APPLICATION COMPLHM
YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS.
All applicants must complete non -shaded items 5 and 26. If an agent is used, sign complete Items 8 and 11. This optional Federal form Is valid
far nac nn1v when included as unit of this entire slate application packet.
5. APPLICANT'S NAME
LL
8. AUTHORIZED AOFIIT'S NAME AND TITLE (m agent Is net rogtdreel)
ca aiaviii
26. Application is hefj�y a i'or a penuit or permits to authorize the Work described in tills application. I certify that the information in this
application is co plytb np$rncmusic. I further certify, that] possess the authority to undertake the Iwrk described herein or ram acting as the duly
euthorbuld of Haunt.
Signs ofapplUkII
D e 3 Signature ofWt(if any) Date
The application matd , the person who desires to nndcnake Ore proposed activity (applicant), or it may be signed by a duly authorized agent If
tha statement is Bhcen filled out and signed. IS U.S,C. Section 1001 provides WaL Whoever, inmymennerwilhblIhejorisdtetionofany
dopnrWcnl or agcnited Sta[es knowingly and willfully fnEifias,conceals, or covers rap with any trick, scirmna,adtaguisesameteriel feel or
makes airy false, LoOOous w ftmdtdenl statementsor mpmsentatimw or snakes or uses airy false writing or doemucn(klnowing same to mtain any fnisc,
fictitious or fraudulent statements "entry, shall be fined nod mote than $10,011,111 or imprisoned not more than five years or both,
ENG FORM 4345, )u197 EDITION OF FEB 941S OBSOLETE. (Proponent: CRCW-OR) ,
Mimrcaoln Local/State/Federal Application Forms for Water/Welland PMJcets
Page 2
i
FOR LGU USE ONLY:
Dclerminntion far Part l: ❑ No WCA Jurisdiction
Application is (check one):
Commenlx/Findings:
❑ Exempt: No. _ (per MN Rule 9420.0122)
❑ No Loss: _ (A,B,...G, per MN Rule 8420.0220)
❑ Wetland Boundary or type
❑ Replacement required— applicant must complete Part ll
DELOIVONLY IF REPLACFMENF IS NOT REOUIRED•
Approved ❑Approved with conditions (conditions attached) ❑ Denied
LGU official signalum
Dare
Nance and Title
For Agricultural and Drainage exemptions (AIN Rule 8420.0122 Subps. I and 2B), LGU has received proof of recording of restrictions
(per MN Rule 8420.0115):
County where recorded Date
Docmnenl k assigned by recorder
LGUofficial signawty
Dale
Minnesota Lecal/Statc/Fedeml Application Forms for Water/Wedand Projects
Page 3
Instructions For Part 11
Complete those portions of Part If: Replacement Plan Supplement for which information is readily available (such w locatiou, existing land use, sire
of impact area, eta) A person certified in wetland delineation must determine items pertaining to specific wetland impacts (wetland type,
predominant vegetation, watershed name, etc.) Contact the local soil and water conservation district (SWCD) office for further information on
obtaining such items.
What to Include on Plans
Detailed overhead views of replacement sitc(s) (Part 11), as well as profile views) of replacement site(s) (Part 11), may be either hand drawn,
computer generated or professionally prepared, as long as they contain all necessary information clearly, accurately, end in adequate detail. Please
include specific dimensions whenever possible. You may also include photos, if you wish.
Overhead views of Part B replacement site(s) should include the following items that pertain to your project:
Property boundaries and/or lot dimensions.
Location and extent of shoreline, wetlands and water.
Location and dimensions of proposed project, structure or activity. Include length, width, elevation and other measurements as appropriate.
Points of reference (such as existing homes, structures, docks or landscape features).
Location of inlet and outlet structures.
Indication of north.
Location of spoil and disposal sites (if applicable).
Amos of wetland and upland plants established.
Profile views (side or cross -sectional views) should include the following items that pertain to your project:
Location mid dimensions of proposed project, structure or activity. Include elevation, depth, soil prolilo, side slope and other
measurements as appropriate.
Proposed water level elevation.
Final Checklists
Part II: Replacement Plan Supplement
❑ Have you completed all of Part II (pages 3-5)?
❑ Did you (or your agent) sign Section 19 on page 5?
❑ have you included the necessary attachments for Part D?
Attachments i ntst include:
❑ If the project Includes any wetland banking (complete or partial), include Application for Withdrawal of Welland Credits Form (Section 14)
❑ If the project includes any project -specific replacements (complete or partial), include:
Description of Replacement Wetland(s) Construction (Section 15)
Copy of vegetation monagement plan (Section 15)
Scale drawing of overhead view or replacement wetland (Section 18)
Scale drawing of profile view of replacement wetland (Section 18)
Attachments nuW also include:
❑ Additional description of Wetland Impact Charts (Section 11) (if additional space was needed)
❑ Additional Description of Replacement Wetlands charts (Section 17) (if additional space was needed)
❑ Additional soils information for created replacement wetland(s) (Section 18) (if available)
Note: To deposit surplus wetland credits in the State Wetland Bank, submit a Wetland Banking Application directly to your LGU (Section 16).
Preparing Your Application for Mailing
❑ To apply for both state and Federal authorization, your application must include Part I (Page 1), the Federal application (Page 2), and
attachments as indicated on Final Checklist for Part /(Instructions, Page 2).
❑ Your application must also include Part H (Pages 3-5) and additional attachments as indicated on Final Checklist for Part II (above).
❑ Make three copies of the entire application and all attachments. Keep the original, and mail the three copies to the appropriate local, state,
and Federal agencies (see Instructions for Part I for addresses).
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
instructions Pagc,3
PART II: REPLACEMENT PLAN SUPPLEMENT
For assistance in completing Pari ll, conlacl ymir Local Government Unit or a professional consultant
11. DESCRIPTION OF WETLAND Ih1PACTS: Complete the chart below: 1) Use one row of boxes for each wetland impact; 2) If your project has more
than one wetland impact, reference your overhead view (part of Section 5) to this chart by identifying and labeling "first impact' and "second impact' of
your overhead view; 3) If you arc identifying only one wetland type within a given welland impact area, use the four dotted line and leave the others blank;
4) If you have chosen to identify mom than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each wetland type, and
identify predominant vegetation and size of impacted area for each separate wetland type within that impact area; 5) If you do not have Dotes to some of
this information, call your LOU or S WCD office for assistance. (Photocopy chart for more impacts, if needed)
IIFSCRIPTInN OF WF-TLAND IMPACTS
Wetland Impact
(as noted on
overhead view)
Watershed
name or
number (if
known)
Watershed
and Bank
Service
Wetland plant
community
types
Predominant
vegetation In
impacted
wetland area
Size of area
impacted
(in acres or
square
feet)
Existing land use In project
area (check all that apply)
33-Lower
9
❑ Housing
❑ Commercial
First.._...------.-
Minnesota
-----..__.----
--------------
_.--------
❑Industrial
Impact
River
❑ Parks/recreation areas
❑ Highways and
_.-__---_---._
.-.----.-_---
associated rights -of -way
❑ Forested
❑ Farmsteadslagricultural
❑ Vacant lands
❑ Public and semi-public
(schools/gov't facilities)
❑ Airports
Second
----------------
------------------
-----------------
--------------
El Extractive (gravel
impact
pitslquarries)
❑ Other:
'If you are identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank. if you have chosen to identify mom
than one wetland type within a given wetland impact area, use the extra dotted lines to indicate c add separate wctland type, and identify predominant vegetation and size
of impacted area for each separate wetland type with that impact area.
TOTALS OF AREA(S) MPACTED FOR EACH W%rLAND TYPE ON CHART (Wicale acres ❑ or sgrmre feet ®)
Wetland plant community type s: Shallow open water: Deep overtly_ Shallow Marsh: Sedge meadow:
Fresh wet meadow: Wet to wet mesic prairie: Calcareous fen: Open bog or coniferous bog: Shrub cart, or alder thicket:
Hardwood swamp or coniferous swamp: Floodplain forest Seasonally flooded basin
12. SPECIAL CONSIDERATIONS: Are you eivare of any special considerations that apply to either the impact site(s) or the enreplacement site(s)7 ❑ Yes ❑ No
(Examples: the presence of endangered species, special fish and wildlife resources, sensitive surfecc waters, or waste disposal site.) If YES, Pound describe briefly.
13. SHORELAND I.MPACf ZONE: Please identify each wetland impact site noted in Section 15 that is within 1000 fed of a lake or 300 feet of a river.
'See Welland Plants mud Plant Communities of Dfinnesoln and Irrsconsin (Eggers and Reed, 1997) as modified by the Board of Water Rod
Soil Resources, United States Army Corps of Engineers.
Minnesota LocalState/Federal Application Forms for Water/Wetla,td Projects
Page 4.
i
14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be accomplished (check only one box below
and continue as indicated): -
® A. Wetland banking credits only
Complete AMiimrionfor Willdrmml ofWeilmd Credits Form and include svithyour application. Copies of this forth a e available from your LOU, or
download a copy from www.bwsr.state.mn.us
Skip to Section 19, page 6 (You do not need to complete Sections I5-18).
❑ B. Project -specific replacement only
Continue with Section IS below.
❑ C. A Combination of weland banking and project -specific replaecment If using project specific replacement that will result in surplus Welland credits
that you propose to deposit in the state wetland bank for future use, then you most submit a wetland banking application directly to your LOU before or
coneunentiy with submittal of this form. Also, Complete Application for Withdrawal of Weiland Credits Fonn and include with your application. Copim
of this fort and (he Welland banking application is available from your LOU, or download a copy front www.bwsr.stmc.mu.us
Continue with Section 15 below.
15. DESCRIPTION OF REPLACEMENT WETLAND(S) CONSTRUCTION (Complete this section only if you marked Box B or Box C in Section
14 above):
Describe in detail how replacement wellend(s) will be constructed. If several methods will be used, describe each method. Details should include the
follawing: 1) type of construction (such as excavated in upland, restored by Tile break, restored by ditch block or =vegetat :d); 2) type, size and
specifications of outlet structures; 3) elevations relative to Men Sea Level or established benchmarks or key features (suds as sill, emergency Overflow or
structure height); 4) what best management practices will be implemented to prevent erosions or site degradation; 5) proposed timetable for starting and
ending the project; and 6) a vegetation management plan. Write this description on a separate sheet of paper labeled DESCNP77ON OFRF.PLACL•MF,NT
WEr'L,fND CONSTRUCTION.
See Attached
16. SURPLUS WETLAND CREDITS: If using project -specific replacement (Box B or Box C in Section 14 above), will the replacement result in my
surplus wetland credits that you wish to have deposited in due State Welland Bank for future use? ❑ Yes ❑ No. If yes, submit a Welland Banking
Application directly to your LGU before or concurrently with submittal of Wu form. Copies are available from your LOU, or download a copy from
w vw bwsr.state.mn.w
17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below: 1) Use one now of boxes fm each Wetland replacement site; 2) If
your projections more that one wetland replacement site, reference your overhead view (pan of Section 5) to this chart by identifying and labeling "first
replacement site" and "second replacement si(c" on your overhead view; 3) if you are identifying only one wetland type within a given replacement site, use
the firs( dotted line(s) and leave the others blank; 4) If you have chosen to identify more than one wetland type in a given replacement site, use the extra dolled
lines to indicate each separate Welland type, and ideality type(s) of replacement credits and "restored or crea(ed" for each separate Welland type with thin
replacement site; 5) If you do not have access to some of the information, or if you do not know your replacement ratio, cell you LOU or SWCD office for
assistance. Plwtocopy dmrr for nmre wetimid replamptwnts, ifneeded)
nPRCRiPTInN nF RFPI ACFMENT WETLANDS
Identify
Watershed
County
Section,
Wetland
Type(s) of replacement credits
Restored
Wetland
name or
Township,
Plant
(in acres or square feet)
or
replacement
number
Community
created?
site
(if known)
Range
Type'
New Wetland
Public Value
Indicate
(as noted on
Bank Service
Credits (NWC)
Credits (PVC)
R or C
overhead view)
Area
Name of
7
Carver
First--------------
------------------------------
replacement
site
Name of
Second---------------
--------------------
---------------------•.
----------
replacement
---------
site---------------
--------------------
----------------------
If you are identifying only one wetland type within a given wcthmd impact area, use the
first dotted line and leave the others blank. If you have chosen to identify more than one TOTAL NWC TOTAL PVC
Wetland type Within a given wetland impact area, use the extra dotted lines to indicate each
separate Wetland type, and identify predominant vegetation and size of impacted area for REQUIRED REPLACEMENT RATIO:
each separate wetland type within that impact area. (If known)
Wetland plant community type: Shallow open water: Deep marsh: Shallow Marsh: Sedge meadow:
Fresh wct meadow: Wet to Wet mesic prairie: Calcareous fell: Open bog or coniferous bog: Shrub cart or alder thicket:
Hardwood swamp or coniferous swamp: hloodplain forest Seasonally (boded basin
" See iYe fmidPlonts and Plant Communities ofMinuesotu mid Wisconsin (Eggers mad Reed, 1997) as modified by the Board of Wafer and
Soil Resources, United States Army Corps of Engineers.
Minnesota Local/Statc/Federal Application Forms for Water/Wetland Projects
Page 5
18. ADDITIONAL INFORMIkTION REQUIRED FOR PROJECTSPF.CIFIC REPLACEMENT (Required only if you marked Box B or Bax C In Section 14);
For projects involving at least some projectspecific replattmeot, include the following additional information:
Two drawings to scale of the replacement wetland. Include both overhead view and profile (side vices or cross -sectional view). See What to Include on Plans
Qnstructions, Page 3) for a detailed description of what should be included in these drawings. Without drawings, your application, will be considered Incomplete.
❑ For created replacement wetlands, include additional soils information (tfavailable) that indicates the capability of the site to produce and maintain wetland
characteristics.
Note 1: For replacement wetlands located on pipeline cosemen is, you need to receive endorsement of you project from both the easement balder and the Minnesota
Departnenl of Public Safety's Office of Pipeline Safety. Before start ofionswdion, the miner of any utilities must be notified. The landowner or contractor is
responsible for giving this notice by calling "Gopher Stale One -Call" at 652-454-0002 (Twin Cities Metro Area) or 1-900-252-1166 (all other locations).
Note 2: For extensive or complex projects supplementary information my be requested at a later dated from one or more of the responding agencies.
Such information may include (but not be limited to) (be following: topographic map, water table mop, soil borings, depth soundings, aerial photographs,
environmental assessment an&% engineering reports.
19. SIGNED AFFIRMATION:
FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING ONLY. To the best of any knowledge and belief all information in Pan II is true,
complete and accurate; and I affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetand Bank -
FOR PROJECTS INVOLVING EITHER PROJECT -SPECIFIC REPLACEMENT ONLY OR A COMBINATION OF WLTIAND BANKING
AND PROJECT -SPECIFIC REPLACEMENT:
Part A: The replacement wetland. 1 affirm that the replacement wetland was not:
Previously restated or created under a prior approved replacement plan or pemril; AND
Drained or filled under an exemption during the previous 10 years, AND
Restored with financial assistance from public conservation programs; AND
Restored using private funds, other than landowner funds, unless the funds are paid back with interest to the individual or organization that funded the saturation; and
the individual OF organization notifies the local government unit in writing that the restored weland 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, perfomhance bond, or other acceptable security has been provided to guarantee successful completion of the wetland replacement.
❑ The wetland losses will be replaced via withdrawal from an account in the Stale Welland Bank.
Part C. For projects involving any project -specific replacement Within 30 days of either receiving approval of this application in beginning work oil the project, 1
will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s) Will be located; and I will at the same time
submit proof of such recording to the WU.
To the best of my knowledge and belief all information in Par[ 11 is true, complete and accurate; and I affirm all statements in Pan A and C, as well as
checked assurances) in Part B.
Signoture or appliuml or agent,
FOR LGU USE ONLY
Replacement plan is (check one): ❑ Approved
Dole
❑Approved with conditions (conditions attached) ❑ Denied
1,GU offclal signature
Dale
LGII has receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wet and:
County where recorded Date
Document 8 assigned by recorder
LGU official signature
Dale
Minnesota Local/Stale/Federal Application Fonns for WaterAVelland Projects
Page 6
Appendix E
Wetland Banking Forms
This Page Left Blank Intentionally
PURCHASE AGREEMENT FOR WETLAND BANKING CREDITS
German Settlement Wetland Bank, LLC
27496 German Road
Belle Plaine, Minnesota 56011
Officers: Jane Breeggemann, President; Sherry Krenlr, Treasurer; Bruce Panning, Secretary
Agent: Michael8. Whin, Professional WettandScientisi, mike@wellandwildlffeeomulling.com, 612-350.0131
Richard and Sherry Krent4 Randy Oldenburg and Jane Breeggemann, Panning Family Partnership.'
Pannin
OWnerS- husband and wife husband and wife Deborah 11at7, Brice Panning,
and,Sandra Panning
THIS AGREEMENT is made this January 9, 2014 between Getman Settlement Wetland Bank, LLC
(SELLER) and Carver County, Minnesota. (BUYER).
1. SELLER agrees to sell to BUYER, and BUYER agrees to buy from SELLER, the wetland banking
credits (CREDITS) listed in CREDITS TO BE SOLD (below).
2. SELLER represents and warrants as follows:
a. The CREDITS are deposited into account 1175 in the Minnesota Wetland Bank administered by
the Minnesota Board of Water and Soil Resources (BWSR) pursuant to Minnesota Rules Chapter
8420.0700 to 8420.0760 AND U.S. Army Corps of Engineers, St. Paul District policy.
b. SELLER is an account holder in good standing
c. SELLER owns the CREDITS and has the right to sell the CREDITS to the BUYER
3. BUYER will pay a total of $4,835.10 for the CREDITS as follows:'
a. $0 as earnest money to be paid to the SELLER when this agreement is signed;
b. $7,187 to be paid to the SELLER on the Closing Date; and
c. $467.16 to be paid to the Board of Water and Soil Resources on the Closing Date.
Credit
Sub -Group
SWC(so
Cost per
Square Foot
Wetland Type
Topograpble
Setting
Cost
A
7,187
1.00
3
Tributary
$7,187
--
BWSR Fee
$467.16
Total
7,187
$7,654.16
4. The closing of the purchase and sale shall occur on, or before, April 30, 2014. Postponement of the
Close Date shall be agreed to by both parties in writing, and failure to close voids this agreement.
5. BUYER has applied or will apply to the Local Government Unit where the wetland impact is proposed to
occur. It will be the BUYER'S responsibility to obtain all necessary approvals and signatures on the
form, Application to Withdraw Welland Credits, and to bring that form to the closing. If the LOU has
not approved the BUYER'S application for a replacement plan utilizing the CREDITS by the Closing
Date, and no postponement of the Closing Date has been agreed to by BUYER or SELLER in writing,
then either the BUYER or SELLER may cancel this Agreement by giving written notice to the other. In
this case, the SELLER will return the BUYER'S earnest money. If the LOU approves the replacement
plan but the BUYER fails to proceed on the Closing Date, then the cF.T.I.F.R may retain tke earnest
money aQs.liquidated damages. �,�,
v q''i
gnatureofsELLER Date signature
This Page Left Blank Intentionally
Application for Withdrawal of Wetland Credits
tsa from the Minnesota Wetland Bank
1. Credit User
To be completed by the person or entity proposing to use the wetland credits.
Name: Lyndon Robjent, Public Works Director
Organization (if applicable): Carver County
Street Address: 11360 Hwy 212, Suite 1
City, State, Zip: Cologne, MN 55322
Phone: (952) 466-52 E-Mail Address: Irobjent@co.carver.mn.us
2. Wetland Impact Information
To be completed for the project with wetland impacts that this withdrawal is intended to replace.
Project Name: SOUTHWEST RECONNECTION PROJECT: HIGHWAY 61/101 FLOWetland Impact Size (acres): 0.08
County of Impact: Carver
Impact Major Watershed #: 9
Impact Bank Service Area: 33
LGU File # (if applicable):
Comments:
By signature below, the proposed
application and has received approv
Credit User Signature:
Replacement Ratio: 2:1
Total Replacement Required (acres): 0.16
U.S. Army Corps Permit # (if applicable):
attests that helshe owns or has purchased the credits identified in this
;able regulatory authority(ies). a
Date: —� 7 --' T-111
3. Regulatory Approval/AntKorization
By signature below, the identified agency and authorized representative hereby certify that they have: a) verified that the subject
wetland credits are deposited in the account of the owner/seller, b) approved a wetland replacement plan or similar agreement under their
jurisdiction, and c) approve the proposed use of the wetland bank credits described herein.
WCA LGU/Agency:
LGU Representative:
E-mail address*:
Signature:
Date:
(for NRCS, USACE, etc. if applicable)
Agency Name/Location: E-mail address":
Representative: Signature: Date:
*Confirmation will be e-mailed when transaction is complete.
BWSR Application for withdrawal of Wetland Credits Form Rev 10/3/2013
Page 1 of 2
Application for Withdrawal of Wetland Credits
from the Minnesota Wetland Bank
Wa�✓,�Sil
Rl41VfP
4. Withdrawal Information
Bank Service Area: 9
To be completed by seller of credits (account holder).
Account Number: 1175 County: Scott
Credit Subgroup
Letter
Plant Community Type
Cost per Credit
(acre)
Number of Credits to
be Withdrawn (acre)
acre=ftz/43560
Cost of Purchased
Credits
(cost per credit x number of credits)
B
Tributary
$43560.00
0.1650
$7187.40
$0.00
$0.00
$0.00
TOTAL
0.1650
$7187.40
Table: www.bwsr.state.mn.ushvet1ands/2013 Fee Scnedule.odf from Table (county of 6.5% of sale price
seller's bank)
2995.00
Above TOTAL x
Transaction Fee (choose either amount) County Fee $ 467.18
Attach check payable to Minnesota Board of Water and Soil Resources.
By signature below I seller and holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank certify that:
1) The credits described in this application have been sold to the credit user or will be used for my own project:
2) 1 have received payment in full from the buyer (if applicable):
3) The credits described in this application have not been sold or used in any way to mitigate wetland losses other than for the project
and location identified in the wetland impact information block on the previous page;
4) The credits described in this application should be withdrawn from my account: and
5) 1 will not have a negative balance of credits after the subject credits are debited from my account
Seller Name (print):
Seller Signature:
Seller e-mail':
Date:
1. The account holder of the credits is responsible for submittal of this form, containing signatures, to the BWSR Wetland Bank
Administrator so the affected account can be properly debited.
2. No impacts to any wetland or other water resource may commence until the credits have been debited and a copy of this form
with stamped debit date has been received by the regulatory authority(ies), the account holder, and the credit user.
When this form is completed and all required signatures are obtained, send with the fee check to:
Wetland Bank Administration
Minnesota Board of Water and Soil Resources
520 Lafayette Road North
Saint Paul, MN 55155
BWSR Application for Withdrawal of Wetland Credits Form Rev 10/3/2013
Page 2 of 2
CITY OF CHANHASSEN
CARVER & HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
PLANNING CASE NO.2014-10
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, March 18, 2014, at 7:00 p.m. in the Council Chambers in
Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request
for a Wetland Alteration Permit for the proposed Highway 101 Minnesota River Crossing and
CSAH 61 roadway reconstruction and improvement project. Applicant: Carver County.
A plan showing the location of the proposal is available for public review on the City's web
site at www.ci.chanhassen.mn.us/2014-10 or at City Hall during regular business hours. All
interested persons are invited to attend this public hearing and express their opinions with respect to
this proposal.
Krista Spreiter, Natural Resources Technician
Email: kWreiterna ci.chanhassen.mn.us
Phone: 952-227-1173
(Published as a display ad in the Chanhassen Villager on March 6, 2014)
2vi4- Io
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MARCH 18, 2014
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Andrew Aller, Mark Undestad, Lisa Hokkanen, Maryam Yusuf, Stephen
Withrow, and Steven Weick
MEMBERS ABSENT: Kim Tennyson
STAFF PRESENT: Kate Aanenson, Community Development Director, and Krista Spreiter, Natural
Resources Technician
PUBLIC HEARING:
HIGHWAY 101 MINNESOTA RIVER CROSSING AND CSAH 61 IMPROVEMENTS
PROJECT, PLANNING CASE 2014-10: REQUEST FOR WETLAND ALTERATION PERMIT
FOR PROPOSED ROADWAY RECONSTRUCTION AND IMPROVEMENTS OF CSAH 61
AND HIGHWAY 101 CROSSING OF THE MINNESOTA RIVER. APPLICANT: CARVER
COUNTY.
Spreiter: Good evening Chairman Aller and commissioners. As stated this is the public hearing for the
proposed Minnesota River crossing and roadway improvements project wetland alteration permit. The
project is located at the existing wye intersection of Highway 61 and 101. The project lies within the
Highway 61 corridor from just west of Bluff Creek Drive to just east of the wye intersection and within
the Highway 101 corridor from the current intersection to the city of Shakopee. There's a closer view of
the project. The area in blue denotes the project area as well as the area of investigation for wetland
delineation. I realize this might be review for some of you but I'm just going to give a quick project
overview of the bigger project. The goal of the project is to eliminate road closures during the 100 year
flood events as well as improve safety and increase traffic capacity. The new bridge will cross the
Minnesota River floodplain area and the resulting removal of the existing causeway is expected to restore
natural flows to the floodplain area as well as restore a large amount of wetland habitat. Improvements to
Highway 61 include increasing the current 2 lane roadway to a 4 land roadway and the addition of two
roundabouts. The largest roundabout will be located at the existing wye intersection and the second at the
Bluff Creek Drive and Highway 61 intersection. The proposed Bluff Creek realignment will lengthen the
existing segment of the creek within the wye intersection and reduce the current slope from about 2.3% to
.5%. A pedestrian trail is also proposed with the project that will connect local trails in both Chanhassen
Shakopee to the Hennepin County regional trail corridor as well as future local and regional trail systems.
Level I delineations were performed for the project area by both SEH and the Minnesota Department of
Transportation. Wetland areas denoted with a S were delineated by SEH. That's the consultant for the
project while the wetland areas starting with the letter D were delineated by MnDOT. A level 1
delineation is used in cases where a sufficient amount of information is available for a site to make an off
site determination. In this case it was also used because of the amount of area that they had to cover with
their delineations and resources used as part of the delineations include national wetland inventory
mapping. Public waters inventory mapping. Carver County soils survey mapping and historical aerial
photography among others. Both delineations were field verified by the delineators and the Technical
Evaluation Panel during the summer of 2013. This is just a larger aerial view of the project and the
impact areas. This table shows each impact and their corresponding classification as well as impact. The
largest impacts are proposed for Wetland D-11. This is due to the construction of the proposed
roundabout which is located within the existing wye intersection. And Wetlands 5 and 6 located
immediately north of the existing wye intersection. This is due to the expansion of Highway 61 and the
Chanhassen Planning Commission — March 18, 2014
proposed pedestrian trail. This depicts the impacts on the western portion of the project. Wetlands S-1, 2
and 3 are all either Type 2, fresh wet meadow or Type 3, shallow marsh wetlands. They're all classified
as preserve or outstanding wetlands under the City's classification system. You'll notice Wetland 3 there
in the northwest comer of that intersection. That's actually part of the larger Seminary Fen wetland
complex but it is not within the DNB's scientific and natural area. Wetlands 5 and 6 are located just north
of the wye intersection. Both are Type 2 and classified as Manage 2 under the City's classification
system. D-I 1 and D-8, which are located in the existing wye intersection are both Type 2 and they're not
classified under our system. Impacts are also proposed to Bluff Creek in this area as part of the
realignment and I'll discuss more on that in a little bit. Here are the wetland impacts to the floodplain
area. Impacts to the floodplain area are a result of the placement of bent piles. There's the proposed total
impact is .21 acres. These are, all wetlands within this area are Type 3, shallow marsh wetland and
classified as preserve wetland under the City's classification system. There are .47 acres of impact
associated with the realignment of Bluff Creek within the proposed roundabout area. The existing
culverts will be removed and be replaced with bridges and the creek will be allowed to flow under the
bridges. This will allow for some lengthening of the section of creek and allow for additional meandering
as well as the reduction in grade. This is just the plan view of that realignment. You can, maybe you can
see. Doesn't show up really well up on the screen but in the lower left hand section here they have a
cross section of the creek bed. There is some stream bed remediation proposed as part of the realignment.
They're bringing in some rip rap and some filter aggregate for some additional stabilization. The
proposed bridge will include 37 piers to be placed within the Minnesota River floodplain area. Each pier
consists of 8 to 11 bent piles. Approximately 25 square feet of impact for each pile. Removal of the
existing causeway is planned for Phase 5, the final phase of the project. This is projected to restore about
9.82 acres of natural wetland habitat to the area. Following the removal the former causeway footprint
will be restored to natural conditions and a wet meadow wetland seed mix will be used for permanent
stabilization. This restoration cannot be counted as mitigation however. This is just an aerial view of the
removal area. The Wetland Conservation Act requires the applicant, in this case Carver County, list at
least two alternatives to the project that would avoid or minimise impacts to wetlands or waters. One of
which may be no build or do nothing. Several alternatives were explored and are detailed in the
application in the staff report. The preferred alternative or current project proposal was selected because
it significantly reduced impacts for the bridge portion of the project. This is where much of the high
quality wetland areas are located. The Wetland Conservation Act also requires the applicant to minimize
unavoidable impacts to the greatest extent practicable. Efforts were made by the applicant to fulfill this
requirement by locating Highway 61 closer to the existing alignment and using bent pile piers for the
proposed bridge. This further reduced wetland impacts by approximately 2 1/2 acres. Wetland
replacement for the project will be accomplished using two methods. Impacts associated with safety
improvements, including stormwater features will be replaced using the Board of Water and Soil
Resources road bank program. Impacts associated with the pedestrian trail or any non -safety related
impacts will be replaced by the applicant, Carver County using credits purchased from Wetland Bank
1175 which is located in the same bank service area and major watershed area as the proposed project.
Both replacements qualify for a 2 to I mitigation ratio. The applicant has sufficiently met the sequencing
requirements for Wetland Conservation Act and made sufficient efforts to minimize impacts where
possible. Therefore staff is recommending approval of the Minnesota River crossing and roadway
improvements project wetland alteration permit and adoption of the Findings of Fact and
Recommendation. I do want to mention at this time that I received comments just recently from the
Lower Minnesota River Watershed District. They have some concerns in regards to the effect of the
project may take overall on the Seminary Fen. The applicant has yet to receive the comments so once
they do we'll ask for a response as soon as possible and have those included in the council report. Part of
their request is for additional monitoring. They don't give details on what they'd like to see but I have
talked to the consultant and he's willing to work with them and go over their request. With that, that is all
I have. Thank you and I'll take any questions.
Chanhassen Planning Commission — March 18, 2014
Aller: So you're looking at mitigation and alternatives. One of those alternatives was to do absolutely
nothing. That's always...
Spreiter: Yep. Yep.
Aller: And that was just totally unacceptable ... better, safer highway system...
Spreiter: Right and I think the fact that BWSR is willing to replace all but the pedestrian trail
improvements from the roadway bank shows that the project is very safety driven and necessary. That
they've made a lot of efforts to minimize impacts where possible and they didn't just do the minimum of
looking at two alternatives. One being no build. There were several alignments and several options that
were looked at and reviewed.
Aanenson: I was just going to add, I think that getting the road out of the floodplain was the main driver
and then it went to the, that was the purpose and then trying to find the right alignment and then it falls
back to what Krista was just saying. Looking through the different alternatives that way.
Spreiter: I should say too, Lower Minnesota did include that they commend the removal of the causeway
which restores the natural channel of the river and surrounding wetlands.
Aller: Can you explain what the bridges are after you remove the causeway? There's going to be bridges
correct?
Spreiter: Yep. So, and I don't know the details of the project but the new proposed bridge will span the
entire floodplain area. Right up until that wye intersection where now they have a causeway that's I
would say three -fourths of the way through the floodplain area and that's just fill material that is
obstructing flow and that they've filled wetland with.
Aller: And then the piles that we have are, I've looked at the report and it sure looks like they're
minimalistic for the size that is there, the structure itself so I'm assuming that construction wise they're
safe but it also really minimizes the impact on that wetland it looks like.
Spreiter: Correct and correct me if I'm wrong but they did go to the smaller piles. They originally were
thinking of rip rap or something and instead are doing the piles as it minimizes impact.
Aller: And it looks like it reduced it by about 2 1/2 acres.
Aanenson: (Yes).
Aller: Anyone have, and by the way the report was very good. It wasvery complete.
Spreiter: Thank you.
Aller: And I like the fact that it ties us back in with that broad overview so that we don't lose the forest
for the trees. You know the ultimate goal here is to have the large project done but in a way that
minimizes the impacts so it's good to know what the large project is when we're looking at, at the smaller
segments.
Withrow: I have a question.
Aller: Questions.
Chanhassen Planning Commission — March 18, 2014
Withrow: This may be obvious to everybody else but not to me. Why is the 9.82 acre causeway not
counted towards mitigation.
Spreiter: That's actually a good question. I believe it's because they can't quantify that. It's not a
guarantee. That's what they project but because in the application you have to come up with solid, a solid
mitigation plan with guaranteed replacement at that 2 to 1 ratio that they can't count that.
Withrow: ...very conservative number.
Spreiter: It's definitely a plus of the project and I'm really excited to see what effect that will have on the
area. Environmentally.
Weick: We mentioned safety a couple times as a reason for the bridge. Is that related to flooding or
traffic?
Spreiter: I think both.
Aanenson: Yeah.
Spreiter: Kate.
Aanenson. Yeah I would say the main thing right now is the seasonal flooding.
Weick: Okay.
Aanenson: And long term wise, well actually the trips have gone down right now since 212 is opened so
we'll talk about that in our meeting in 2 weeks when we talk about the update of our project on County
Road 61 or CSAH 61. What we're doing there so the trips are down but it seasonally floods and it's a
huge impediment to traffic moving back and forth over the river so that's why the State moved up the
funding on this program This bridge crossing. So it's a safety issue too. They did do some safety
improvements a few years ago and that was at the intersection coming up off the wye. There was some
lights put in, either side of that so kind of realigned that intersection. Trying to make some safety
improvements there so.
Weick: And it's increasing right? It's two lanes now.
Aanenson: Correct.
Weick: It's going to four lanes.
Aanenson: Correct.
Weick: So would there be, if you only made it two lane, is there a significant less, significantly less of an
impact on the wetland areas or does it not really matter?
Spreiter: That I don't know. I would assume there would be but probably not by much.
Weick: Yeah.
Spreiter: Not over the floodplam area anyway
4
Chanhassen Planning Commission —March 18, 2014
Weick: Because you'd still need to do the posts or whatever.
Spreiter: Yeah.
Weick: Pylons.
Spreiter: Yeah there might be more or less of them but.
Weick: Okay.
Spreiter: I guess I don't know, I'm sorry.
Aller: Any other questions?
Weick: Those were all mine.
Aller: Comments. Okay. At this point in time we're going to open the public hearing. Anyone wishing
to come forward. State a position either for or against this issue before us can do so at this time. And
seeing no one coming forward I'm going to close the public hearing. Again I'll open it for comments or
discussion at this time. And if there are none then I'll entertain a motion.
Yusuf: I'll do it.
Alley: Okay.
Yusuf: The Chanhassen Planning Commission recommends the City Council approve Wetland
Alteration Permit #2014-10 and WCA Permit #2014-01 to impact 4.96 acres of wetland and the
replacement plan under Minnesota Rules Chapter 8420 which utilizes the purchase of .16 acres of wetland
credit from Bank #1175 and 9.76 acres from the BWSR Road Replacement Program for the purpose of
the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project; and authorize
the Water Resources Coordinator to sign the joint notification application for approval of wetland
replacement as shown in plans dated December 20, 2013, subject to conditions within the staff report and
adoption of the attached Findings of Fact and Recommendation.
Aller: I have a motion. Do I have a second?
Weick: Second.
Aller: I have a motion and a second. Any further discussion?
Yusuf moved, Weick seconded that the Chanhassen Planning Commission recommends the City
Council approve Wetland Alteration Permit #2014-10 and WCA Permit #2014-01 to impact 4.96
acres of wetland and the replacement plan under Minnesota Rules Chapter 8420 which utilizes the
purchase of .16 acres of wetland credit from Bank #1175 and 9.76 acres from the BWSR Road
Replacement Program for the purpose of the proposed Highway 101 Minnesota River Crossing and
CSAH 61 Improvements Project; and authorize the Water Resources Coordinator to sign the joint
notification application for approval of wetland replacement as shown in plans dated December 20,
2013, subject to the following conditions and adoption of the Findings of Fact and
Recommendation:
Chanhassen Planning Commission — March 18, 2014
1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420). The applicant shall receive the City's approval of a wetland
replacement plan prior to any wetland impact occurring.
2. Wetland buffer areas shall be preserved, maintained, and/or created around all existing wetlands
in compliance with Sections 20401 — 20421 of Chanhassen City Code.
3. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g.
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Minnesota
Department of Transportation, Minnesota Board of Soil and Water Resources and Army Corps of
Engineers and comply with their conditions of approval.
4. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board of
Water and Soil Resources signed by both the buyer and seller of designated wetland credits.
5. The applicant must obtain, and the City must have received copy of an Application of Withdrawal
of Wetland Credits from the Minnesota Wetland Bank signed and approved by the Minnesota
Board of Water and Soil Resources prior to any wetland impacts.
6. A signed Landowner Statement and Contractor Responsibility form shall be provided to the City
prior to commandment of activity.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
APPROVAL OF MINUTES: Commissioner Yusuf moved, and Commissioner Hokkanen seconded to
approve the verbatim and summary Minutes of the Planning Commission meeting dated March 4, 2014
as presented.
COMMISSIONER PRESENTATIONS.
Aller: Before we go to those, I'd just like to announce that it's my understanding that Commissioner
Steve Withrow will not be with us after this meeting. This will be his last meeting and so we'd like to
thank him for his insightful questions. He's raised awareness on issues before us and it's been a pleasure
working with him on these matters of importance to all of us so thank you for your service.
ADMINISTRATIVE PRESENTATIONS:
Aanenson: Thank you Chairman. So at the council meeting on March 10'", two minor amendments were
made to the Camden Ridge and that was the, going from the 5 and 10 to the 7 1/2-7 I/2 between the units
and then Lakeside also went from the one 3 unit to the 2 so those were both approved so we'll be issuing
permits as we continue with both those subdivisions. I'll talk about future Planning Commission
meetings. So next month, April 1 ', typically we will have our oath of office for our new commissioners.
We also typically at that meeting do the administrative thing such as Chair, Vice Chair but maybe we'll
move that on to the next meeting so we have a full group for that so we'll maybe move that but we will
start at 6:00. We'll do work session. The Water Resources Coordinator is going to go through the new
stormwater regulations and the meeting tonight is kind of a segue into what we'll be talking about at that
work session. We'll be talking about not only the river crossing but what we call the CSAH, which is a
County Highway 61 project so that's Hennepin and Carver County. The City Council has given working
approvals for the design on that. The Hennepin County project will start actually in 2015. We'll have the
bridge so we've got a lot of work going on down there. In addition we'll give you an update on, we are in
Process with our consultants for the land use planning. We have a neighborhood meeting coming up in
iq-10
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
The application of Carver County Public Works for a Wetland Alteration Permit for wetland
replacement for proposed impacts to seven wetlands, as well as Bluff Creek and the Minnesota
River Floodplain Area totaling 4.96 acres, as a part of the proposed Highway 101 Minnesota River
Crossing and CSAH 61 Improvements Project — Planning Case 2014-10.
On March 18, 2014, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Carver County for a wetland alteration permit to impact
seven wetlands, as well as Bluff Creek and the Minnesota River Floodplain Area. The total area
proposed to be impacted is 4.96 acres. The Planning Commission conducted a public hearing on
the wetland alteration permit which was preceded by published notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate (A2), and Fringe District (BF).
2. The property is guided in the Land Use Plan for Residential Medium -Density, Residential
Large -Lot, Agricultural, and Office.
The proposed project is located within the within the Highway 101 and CSAH 61
intersection and Highway 101 Minnesota River Crossing and CSAH 61 Improvements
Project corridor, Sections 35 and 36, T116 and 115N, R23W, within the cities of Chanhassen
and Shakopee.
4. City code directs that a wetland alteration permit shall not be issued without having been first
reviewed by the Planning Commission and approved by the City Council following the
review and hearing procedures set forth for conditional use permits and the additional
requirement of Minnesota Rules Chapter 8420.0230.
Wetland Alteration and Conditional Use Criteria:
The Planning Commission shall recommend a Wetland Alteration Permit and the Council shall
issue such Wetland Alteration Permit only if it finds that:
a. The proposed project will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
FINDING: The proposed wetland impacts that will occur with the Highway 101
Minnesota River Crossing and CSAH 61 Improvements Project have not been found to
pose danger to public health, safety, comfort, convenience or general welfare. The goal
of the proposed project is to minimize road closures due to flood events, address existing
safety deficiencies, and to provide for the present and future traffic needs of the area,
improving safety and convenience for residents and recreationalists.
b. The proposed project will be consistent with the objectives of the city's Comprehensive
Plan and the Zoning chapter of the City Code.
FINDING: The proposal is consistent with the objectives of the city's Comprehensive
Plan and City Code. It complies with all City, State and Federal requirements. The
proposed roadway improvements, bridge construction, and trail construction is shown in
the City's Comprehensive Plan and are consistent with City and regional trail plans. The
roadway improvements and trail construction will improve safety and ease congestion
within the project area.
c. The proposed project will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
FINDING: The appearance and character of the general vicinity will not change. The
applicant has made a reasonable effort to minimize impacts to wetlands by locating
CSAH 61 closer to the existing alignment, use of bent pile piers for the proposed bridge
over the Minnesota River Floodplain area, and reducing the extent of soils corrections
needed. Currently, the proposed project is located within an area that includes single-
family residential neighborhoods, agricultural land, commercial business, U.S. Fish and
Wildlife MN Valley National Wildlife Refuge, the MN DNR Raguet Wildlife
Management Area (WMA), and the MN DNR Seminary Fen Scientific and Natural Area
(SNA). The proposed project would provide safety improvements for residents, drivers,
and recreationalists, as well as providing a connection to existing and future trails,
regional trails, and neighborhoods, thus remaining compatible with and enhancing the
existing and intended character and appearance of the area.
d. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
FINDING: The surrounding uses are zoned for Residential Medium -Density,
Residential Large -Lot, Agricultural, and Office. The wetland impacts proposed as a
result of the project are not foreseen to cause hazards or disturbance to existing or
planned neighboring uses. The proposed project is considered an enhancement to
neighboring uses, as well as providing increased safety for residential neighborhoods,
recreationalists, and motorists, by providing a safer roadway and pedestrian and non -
motorized recreational route.
2
e. The proposed project will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
FINDING: Any changes to drainage structures or additional drainage structures needed
as a result of the proposed wetland impacts will be designed and constructed by the
applicant's contracted consultant in compliance with city design standards. Proposed
roadways will be maintained by Carver County, and trails will be maintained by the City
of Chanhassen. Both proposed roadways and trail will be designed and constructed
according to city standards.
f. The proposed project will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
FINDING: The proposed wetland impacts associated with the Highway 101 Minnesota
River Crossing and CSAH 61 Improvements Project will not create excessive need for
public facilities and services. The roadway improvements project requires some
additional services required by the city associated with trail maintenance. In addition, the
proposed roadway improvements project are foreseen as an enhancement to economic
community welfare, by providing safety improvements and accessibility for residents and
recreationalists to local businesses.
g. The proposed project will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
FINDING: The proposed wetland alterations are not expected to be detrimental to any
persons, property or the general welfare.
h. The proposed project will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
FINDING: The proposed wetland impacts will not create nor interfere with traffic and
surrounding public thoroughfares. When completed, the proposed roadway
improvements will result in eased congestion, minimal or the elimination of road
closures due to flooding, improved sight lines, safer approaches, increased accident
reduction potential, and will provide safer conditions for both pedestrian and vehicular
traffic.
i. The proposed project will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
FINDING: The proposed wetland impacts associated with the project will have no
impact on solar access, natural, scenic or historic features of major significance.
j. The proposed project will be aesthetically compatible with the area.
FINDING: The applicant has made a reasonable effort to minimise wetland impacts and
retain aesthetical compatibility within the area. In addition, the proposed roadway
improvements project will complement the area.
k. The proposed project will not depreciate surrounding property values.
FINDING: The proposed wetland impacts have been minimized to the greatest extent
feasible, while still allowing for the roadway improvements project to occur. The
proposed roadway improvements project will create a safer setting and will be an asset to
the surrounding properties.
1. The proposed project will meet standards prescribed for certain uses as provided in the
City Code.
20-410 (b) When a permit is issued allowing wetland alteration, the following
standards shall be followed:
(1) The alteration will not have a net adverse effect on the ecological
and hydrological characteristics of remaining wetland.
FINDING: The applicant must meet the included conditions for
the proposed wetland impacts in order to avoid an adverse effect
on the ecological and hydrological characteristics of remaining
wetland.
(2) It shall be located as to minimize the impact on vegetation.
FINDING: Efforts have been made by the applicant to minimize
the impact on wetlands and vegetation through a variety of
measures, which included locating CSAH 61 closer to the existing
alignment, use of bent pile piers for the proposed bridge over the
Minnesota River Floodplain area, and reducing the extent of soils
corrections needed.
(3) It shall not adversely change water flow.
FINDING: The applicant must meet the included conditions for
the proposed wetland impacts in order to avoid an adverse effect
on the hydraulic and hydrological characteristics of remaining
wetland. The removal of the causeway within the Minnesota River
Floodplain Area will restore natural flows and wildlife habitat to
Cl
the area. The applicant is in the process of obtaining the necessary
permits from the Minnesota Department of Natural Resources and
U.S. Army Corps of Engineers for any necessary work within
Bluff Creek and the Minnesota River Floodplain Area.
(4) The size of the altered area shall be limited to the minimum
required for the proposed action.
FINDING: The applicant has made a reasonable effort to limit the
proposed wetland impacts to the minimum amount required in
order to complete the bridge construction and roadway
improvements project. During construction the contractor is
required to follow approved plans to limit alterations to the
minimum the project necessitates.
(5) The disposal of any excess material is prohibited within remaining
wetland areas.
FINDING: The applicant and their contractor are prohibited from
disposing of excess material within remaining wetland areas as
well as any other activities which may negatively impact the
remaining wetland areas.
(6) The disposal of any excess material shall include proper erosion
control and nutrient retention measures.
FINDING: The applicant and their contractor must submit a
satisfactory erosion and sediment control plan, and comply with all
applicable sections of Chanhassen City Code, the City's Surface
Water Management Plan, and the Minnesota Pollution Control
Agency.
(7) Alterations to any wetland area are prohibited during waterfowl
breeding season or fish spawning season, unless it is determined by
the City that the wetland is not used for waterfowl breeding or fish
spawning.
FINDING: The applicant and their contractor are required to
refrain from any wetland altering activity during waterfowl
breeding and fish spawning season.
(8) Alterations to wetland areas shall be mitigated in accordance with
the requirements of this article if the activity results in a loss of
wetland area and/or function and value of the wetland.
FINDING: The applicant has submitted a replacement plan as
part of the Joint Notification Application for Wetland Replacement
which was received on February 25, 2014. The applicant is
proposing to replace the impacted area using wetland bank credits.
The required replacement ratio is 2:1. This is consistent with
Chapter 8420.0522. of the Wetland Conservation Act (WCA)
Rules, and City Code, Chapter 20, Article VI.
(9) Dedicated buffers in accordance with Sections 20411.
FINDING: The applicant must comply with the City's Wetland
Protection Ordinance.
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
seven wetlands, as well as Bluff Creek and the Minnesota River Floodplain Area totaling 4.96 acres,
as a part of the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements
Project.
ADOPTED by the Chanhassen Planning Commission this 10 day of March, 2014.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
CITY OF CHANHASSEN
CARVER & HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
PLANNING CASE NO.2014-10
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, March 18, 2014, at 7:00 p.m. in the Council Chambers in
Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request
for a Wetland Alteration Permit for the proposed Highway 101 Minnesota River Crossing and
CSAH 61 roadway reconstruction and improvement project. Applicant: Carver County.
A plan showing the location of the proposal is available for public review on the City's web
site at www.ci.chanhassen.mn.us/2014-10 or at City Hall during regular business hours. All
interested persons are invited to attend this public hearing and express their opinions with respect to
this proposal.
Krista Spreiter, Natural Resources Technician
Email: ksoreiteEkei.chanhassen.mn.us
Phone: 952-227-1173
(Published as a display ad in the Chanhassen Villager on March 6, 2014)
SCANNED
CITY OF CHANHASSEN
PROPOSED MOTION:
PC DATE: March 18, 2014
CC DATE: April 14, 2014
REVIEW DEADLINE: April 15, 2014
CASE #: 2014-10
BY: KS
The Chanhassen Planning Commission recommends that City Council approve Wetland
Alteration Permit #2014-10 and WCA Permit Number 2014-01 to impact 4.96 acres of
wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase
of .16 acres of wetland credit from bank #1175 and 9.76 acres from the BWSR Road
Replacement Program for the purpose of the proposed Highway 101 Minnesota River Crossing
and CSAH 61 Improvements Project; and authorize the Water Resources Coordinator to sign
the joint notification application for approval of wetland replacement as shown in plans dated
December 20, 2013 subject to conditions within this staff report.
And,
Adoption of the attached Findings of Fact and Recommendation.
SUMMARY OF REQUEST: Request for a Wetland Alteration Permit for the construction of the
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project.
LOCATION: Within the Highway 101 and CSAH 61 intersection and Highway 101
Minnesota River Crossing and CSAH 61 Improvements project corridor,
Sections 35 and 36, T116 and 115N, R23W, within the cities of Chanhassen
and Shakopee.
APPLICANT: Carver County Public Works
Attn: Lyndon Robjent, P.E.
11360 Highway 212, Suite 1
Cologne, MN 55322
Irobjent(&co.carver.mn.us
952-466-5200
PRESENT ZONING: Agricultural Estate (A2), and Fringe District (BF).
2030 LAND USE PLAN: Residential Medium -Density, Residential Large -Lot, Agricultural,
and Office.
ACREAGE: N/A DENSITY: N/A
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 2 of 25
SUMMARY OF PROPOSAL
Request for a Wetland Alteration Permit under Chanhassen City Code, Chapter 20, Article VI,
Wetland Protection, and approval of a wetland replacement plan under the MN Wetland
Conservation Act for the construction of the proposed Highway 101 Minnesota River Crossing
and CSAH 61 Improvements Project.
LEVEL OF CITY DISCRETION IN DECISION -MAKING
The City has limited discretion in approving or denying a wetland alteration permit, based on
whether or not the proposal meets the wetland alteration permit standards outlined in the Zoning
Ordinance. If the City finds that all the applicable wetland alteration permit standards are met,
the permit must be approved. This is a quasi-judicial decision.
APPLICABLE REGUATIONS
• Chapter 20, Article 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 Highway 101 Minnesota River Crossing and CSAH
61 Improvements Project. The proposed project consists of reconstruction of CSAH 61 and the
Highway 101 crossing of the Minnesota River, within the cities of Chanhassen and Shakopee.
The Carver County Public Works Department is proposing to improve the existing roadway and
river crossing by constructing a new 4,226-foot long, four -lane bridge over the Minnesota River
Floodplain Area and providing roadway safety and capacity improvements to CSAH 61 (Flying
Cloud Drive) from approximately 475 feet west of Bluff Creek Drive to approximately 350 feet
east of the Highway 61/101 intersection (see Figure 1). Construction for the proposed project is
expected to begin with Phase 1 in June, 2014, with substantial completion and former
embankment removal in late December, 2015.
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 3 of 25
EXPLANATION
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Proiect Location
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project
Carver County, Minnesota
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 4 of 25
In order to accommodate the reconstruction, the applicant is proposing to impact seven existing
wetlands (S1, S2, S3, S5, S6, S8, DI1), as well as Bluff Creek and the Minnesota River
Floodplain Area, both Minnesota Department of Natural Resources (DNR) protected
watercourses (see Figure 1 and Table 1, below).
Figure P. rroposea wenana impacts as indicated in Figure 6 from application
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 5 of 25
Table 1. Wetland Impacts
Basin
ID
Cowardin
Classification
Circular 19
( lassification
Eggers & Reed
( lassification
Impact TN lie
Weiland
Impacts
(acres)
SI
PENIB
Ispe `
Fresh (stet) Meadow
Fill
044
S 1
PEMB
Type 2
Fresh (art) Meadow
Excavation
0.05
S 2
PEMB
Type 2
Fresh (wet) Meadow
Fill
0.44
S3
PEMC
Type 3
Shallow Marsh
Fill
021
S5 S6
PEMB
Type 2
Fresh (wet) Meadow
Fill
0.66
S8
PEMC
Type 3
Shallow Marsh
Fill
0.01
S8
PEMC
Type 3
Shallow Marsh
Fxcavation
0.01
Dl1
PEMB PEMC
Type 213
Fresh (wet) Meadow,
Shallow Marsh
Fill
1.99
Dl 1
PEMB
Type 2
Fresh (art) Meadow
Excavation
0.47
Bluff Creek
PEMB
Type -'
Fresh (wet) Meadow
Rea ignmeat
0.47
Minnesota River
Crossm
PEMC
Type 3
Shallow Marsh
Bent Diets
0.21
Total Impacts
4.% acres
Joint Notification Applicationfor the Southwest Reconnection Project, prepared by S.E.H., January, 2014
The proposed wetland impacts resulting from the roadway improvements are divided into two
categories: safety -driven impacts (impacts that result from the roadway safety improvements,
bridge construction and creation of stormwater features) (4.88 acres), and non -safety related
impacts (impacts resulting from trail creation) (.08 acres). Safety -related wetland impacts are
eligible to be replaced using credits from the Board of Water and Soil Resources (BWSR)
Roadway Replacement Bank. Because the impacts for this portion of the proposed project are
eligible for BWSR replacement credits, the required replacement ratio for the roadway and
stormwater pond impacts are 2:1. Thus, 9.76 acres will be withdrawn from the BWSR Roadway
Replacement Bank. The additional .08 acres of wetland impact associated with the multi -use
recreational trail will be mitigated for using wetland bank credits purchased by Carver County
from account #1175. This wetland bank is located in the same Bank Service Area (BSA 9) and
Major Watershed (33-Minnesota) as the proposed project. Therefore, the impacts are required to
be mitigated for at a 2:1 ratio, resulting in the purchase of .16 acres of wetland credit from bank
#1175. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA)
Rules (see Table 2, below).
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 6 of 25
Table 2. Wetland Impact Mitigation
Impact Source
Mitigation Source
Wetland
Wetland Mitigation
Impacts acres
acres at 2:1 ratio
Roadway. bridge. and
BWSR Road Bank
4.88
9.76
storm water ponds
Pedestrian trail
German Settlement
0.08
0.16
Bank ##I F5
Totals
4.96
9.92
Table 7, Joint Notification Application for the Southwest Reconnection Project, prepared by S.E.H., January 2014
BACKGROUND
The Highway 101 and CSAH 61 `wye' intersection have been experiencing safety and
operational deficiencies associated with flooding and peak hour traffic delays as traffic volumes
approach and exceed the capacities of these existing two-lane roadways. There are also short -
and long-term capacity deficiencies with the increasing travel demand along these corridors. The
proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project is
deemed necessary in order to ease congestion, improve safety, address future traffic growth, and
eliminate road closures due to 100-year flood events. Additional safety information, crash data, and
flood event information can be found in Section 4.7 of the Joint Notification Application. The need
for the project is also identified in the Carver County Transportation Plan.
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 7 of 25
The proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project
involves reconstruction of the segment of CSAH 61 (Flying Cloud Drive) from approximately 475
feet west of Bluff Creek Drive to approximately 350 feet east of the Highway 61 /101 "wye"
intersection, within the City of Chanhassen, and the construction of a new 4,226-foot long, four -lane
bridge over the Minnesota River floodplain within Chanhassen and into the city of Shakopee. The
proposed project will accommodate capacity and safety improvements by reconstructing the
causeway within the river floodplain area, and current two-lane, undivided roadway and "wye"
intersection to a four -lane bridge that will span the Minnesota River floodplain, and four -lane
divided roadway with two round -a -bouts and raised medians. The construction of the proposed
bridge will allow Highway 101 and CSAH 61 to remain open during 100-year flood events, and
the reduction of intersections and added capacity will improve safety. Additional safety
information can be found in the Supplemental Information for the WCAI Corps Joint Permit
Application, dated January 29, 2014.
Highway 101 Bridge Replacement
The proposed bridge will consist of four lanes, with two 12-foot driving lanes in each direction
with 8-foot outside shoulders. The proposed roadway elevation will raise the roadway above the
100-year flood elevation and minimize or eliminate road closure due to flooding. The proposed
bridge will span the Minnesota River floodplain area, more specifically over DNR Public Waters
10-221 W and 27-132P (Rice Lake). Forty piers and two abutments will support the proposed
bridge, and 37 of these will be partially or wholly within wetland and consist of 8 and 11 bent
piles. Construction of the proposed bridge will allow for the removal of the existing causeway
from the Minnesota River floodplain, which will restore a large area of natural flow to the
Minnesota River under high water and flood conditions.
CSAH 61 (Flying Cloud Drive) Improvements
The CSAH 61 (Flying Cloud Drive) improvements include the addition of a four -lane roadway
section between the Highway 101 "Wye" intersection and Bluff Creek Road. Two roundabout
intersections are proposed at the current Highway 101 "wye" intersection, and the Bluff Creek
Road intersection. A bridge is also proposed over Bluff Creek.
Bluff Creek Realignment
The current alignment of Bluff Creek passes under CSAH 61 and Highway 101 through two
side -by -side box culverts. The proposed project would replace these twin box culverts and the
four culverts under Highway 101 with the construction of a bridge on CSAH 61 and the
proposed Highway 101 Bridge. The realigned section of Bluff Creek will extend the length of
the segment of Bluff Creek between structures and allow for more meandering than it is
currently able to achieve.
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 8 of 25
Pedestrian Trail
As part of the project, a multi -use pedestrian trail is proposed that extends from Bluff Creek
Drive east along the north side of CSAH 61 to the eastern edge of the project, which is proposed
to connect to the Hennepin County future trail corridor. On the western side of the project, the
proposed off -road trail will follow the shoulder of Bluff Creek Drive north to connect with the
Minnesota River Valley LRT Trail. A segment of the trail corridor is also proposed to cross
under CSAH 61 in a shared bridge crossing with Bluff Creek. The construction of the trail will
result in 3,593 square feet, on the north side of the Highway 61/101 roundabout. The majority of
the trail is located within areas that are already quantified within the roadway impacts.
Wetlands within the proposed project area were delineated in September of 2012 by S.E.H. and
June of 2013 by the MN Department of Transportation. The Technical Evaluation Panel
reviewed the delineations on -site in July of 2013. The delineation identified 23 wetland areas
within the proposed project areas, as well as Bluff Creek. The Joint Permit Application dated
January 29, 2014 was received and noticed on February 25, 2014. The proposed improvements
will result in permanent impacts to seven wetlands as well as Bluff Creek and the Minnesota
River, shown in Figure 2, below, and described as follows:
Figure 2. Delineated wetland areas as viewed in aerial photograph, %N etland Delineation Report, September 2013,
provided by S.E.H.
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 9 of 25
Wetland S 1: This wetland is classified as a Preserve wetland under the City's wetland
classification system. It is classified as Type 2, Fresh (Wet) Meadow according to Fish and
Wildlife Service Circular 39. Wetland S 1 is located immediately south of CSAH 61 and west of
the existing 'wye' intersection. The proposed impact to this wetland is approximately .49 acres.
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 10 of 25
Wetland S2: This wetland is classified as a Preserve wetland under the City's wetland
classification system. It is classified as a Type 2, Fresh (Wet) Meadow according to Fish and
Wildlife Service Circular 39. It is located immediately south of CSAH 61, beginning just east of
Bluff Creek Drive and extending west to the west terminus of the project area and area of
investigation. The proposed permanent impact to this wetland will be approximately .44 acres.
Figure 5. Wetland S2 facing south from the CSAH 61 roadeay. Wetland habitat extends south to the Minnesota River
(source S.E.H.)
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 11 of 25
Wetland S3: This wetland is classified as a Type 3, Shallow Marsh wetland according to Fish
and Wildlife Service Circular 39. It is classified as an Outstanding wetland under the City's
wetland classification system. Wetland S3 is located immediately northwest of the intersection
of CSAH 61 and Bluff Creek Drive, and is a part of the larger Seminary Fen wetland area,
though it is not within the Minnesota DNR Seminary Fen Scientific and Natural Area (SNA).
The proposed impact area to this wetland is approximately .21 acres.
Figure 6. Wetland S3 facing north from CSAH 61 roadway (source S.E.H.)
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 12 of 25
Figure 7. Proposed wetland impacts as indicated in Figure 6-1 from application
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 13 of 25
Wetland S5/6: This wetland is classified as a Type 2, Fresh (Wet) Meadow according to Fish
and Wildlife Service Circular 39. It is classified as a Manage 2 wetland under the City's wetland
classification system. Wetland S5/6 is located immediately north and slightly east of the
Highway 101/CSA.H 61'wye'. The proposed impact area to this wetland is approximately .66
acres.
Figure 8. Wetland S5 facing northeast from CSAH 61 roadway (source S.E.H.)
Figure 9. Wetland S6 (small channel/groundwater discharge area under tree cover)
facing northeast from CSAH 61 roadway (source S.E.H.)
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 14 of 25
Wetland S8: This wetland is classified as a Type 3, Shallow Marsh wetland according to Fish
and Wildlife Service Circular 39. Wetland S8 is a small wetland located between the current
`Park and Ride' lot and roadway on the east side within the `wye' intersection. It is not
classified under the City's wetland classification system. The proposed impact area to this
wetland is approximately .02 acres.
Figure 10. Wetland S8 (small wetland in ditch within the existing'wye' intersection) facing northeast from existing 'Park
and Ride' lot (source S.E.H.)
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 15 of 25
Wetland D11: This wetland is classified as a Type 2/3, Fresh (Wet) Meadow and Shallow Marsh
wetland according to Fish and Wildlife Service Circular 39. Wetland DI 1 is located within the
existing Highway 101/CSAH 61'wye' intersection just north of where the Bluff Creek channel
currently flows. It is not classified under the City's wetland classification system. The proposed
impact area to this wetland is approximately 2.46 acres.
Wetland Delineation Report, September, 2013 (source S.E.H.)
Bluff Creek: Bluff Creek is a Minnesota Department of Natural Resources Protected
Watercourse. It is classified as a Type 2, Fresh (Wet) Meadow wetland according to Fish and
Wildlife Service Circular 39. The applicant is proposing .47 acres of permanent impact to Bluff
Creek, associated with culvert replacement and realignment and relocation of the channel to
allow Bluff Creek to pass under the CSAH 61 roadway. Approximately 500 linear feet of the
creek between CSAH 61 and Highway 101 will be realigned as part of the proposed project. The
proposed channel alignment will be approximately 600 linear feet and will include designed
meanders and slope reduction. The applicant is in the process of obtaining the necessary permits
and approvals from the Minnesota Department of Natural Resources for the proposed work
within Bluff Creek (See Figure 12, below).
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 16 of 25
Figure 12. Proposed wetland impacts as indicated in Figure 6-2 from application
Minnesota River Channel and Floodplain: The Minnesota River Floodplain is a Minnesota
Department of Natural Resources Protected Water and Watercourse. The applicant is proposing
.21 acres of permanent impact to the Minnesota River Floodplain, classified as Type 3, Shallow
Marsh wetland according to Fish and Wildlife Service Circular 39. The proposed impacts are
associated with the 37 piers that will support the proposed bridge that are to be placed partially
or wholly within wetland, and consist of 8 and 11 bent piles for each pier. A total of 374 bent
piles are proposed to be within wetland areas, and each is estimated to incur 25 square feet of
wetland impact (See Figure 13, below). Construction of the proposed bridge will also allow for
the removal of the existing causeway from the Minnesota River floodplain, which will restore a
large area of natural flow to the Minnesota River under high water and flood conditions, and will
allow natural wetland and floodplain habitat to re-establish. The removal of the existing
causeway and its associated fill material is projected to have a positive environmental effect by
allowing for the natural restoration of wetland/floodplain habitat. This cannot be claimed as
mitigation, however.
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 17 of 25
Figure 13. Proposed wetland impacts as indicated in Figure 6-3 from application
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 18 of25
I:\ ntIRYy I \J*1
The Wetland Conservation Act requires the applicant to list at least two alternatives to the
proposed project that would avoid or minimize impacts to wetlands or waters (one of which may
be "no build" or "do nothing"). The applicant then must list and explain why the option
described in the application was chosen over these alternatives. The following alternatives were
presented in the Joint Notification Application submitted by the applicant:
A No -Build alternative would entail making no improvements and allows the existing
configuration of intersections within the project area and would result in no impacts to wetlands.
The No -Build Alternative was not chosen as the preferred alternative because it fails to address
the project purpose and need or satisfy the project goals and objectives of eliminating or
minimizing road closures due to flood events, and meeting growing travel capacity demands and
safety needs.
Alternative road alignments were investigated to determine if impacts to the wetlands, Bluff
Creek, and the Minnesota River Floodplain could be avoided and to identify minimization
opportunities. These alternatives were disregarded due to engineering challenges, as the majority
of them resulted in approximately the same amount of wetland impacts.
CSAH 61- Alternative 1
Preliminary plans included the relocation of CSAH 61 to the north of the existing alignment.
This alternative would meet future traffic demand, but included necessary grading into bluff
areas. Alternative 1 would have added impacts to Wetlands S3, S4, S5/6 and D13, but would
reduce impacts to Wetland 1. Impacts associated with the roundabout would remain unchanged.
Alternative locations of the roundabout were also considered, but all would have resulted in
additional impacts to wetlands D6 and D9 (both Wetlands D6 and D9 are located within the
Minnesota River floodplain area). Therefore, the preferred alternative of reducing the overall
quantity of impacts to other, potentially higher quality wetlands was chosen, as it was determined
that impacts to Wetland Dl 1 were unavoidable.
A traditional intersection was also considered in place of the proposed roundabout intersections,
however, due to the intersection locations this alternative would not result in the reduction of
wetland impacts. Thus, the roundabout intersections were selected as the preferred alternative,
as they are considered to provide the greatest safety improvement.
Highway 101- Alternative 2
Highway 101 was considered for multiple construction and alignment alternatives. Raising the
elevation of the causeway was considered but dismissed, as it would cause extensive wetland
impacts and increase flood elevations. Alternative alignments were also considered, but resulted
in greater wetland impacts. Alternative bridge construction proposed to set piers into constructed
riprap islands. However these islands would result in a considerable footprint of discharge into
wetland area, and added between five and six acres of wetland impacts.
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 19 of 25
Preferred Alternative
The Preferred Alternative (the proposed Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project) was chosen because it significantly reduced impacts for the bridge
portion of the project. Construction of the proposed bridge will allow for the removal of the
existing causeway, while minimizing road closures from flooding without increasing the 100-
year flood elevation.
The proposed CSAH 61 (Flying Cloud Drive) roadway improvements will improve safety
through two new roundabout intersections and address existing high traffic volumes by adding a
four -lane roadway through the project corridor.
Impact Minimization and Avoidance
The Wetland Conservation Act requires that if avoidance is not an option, the unavoidable
impacts are minimised to the greatest extent practicable. Efforts have been made by the
applicant to minimize the proposed wetland impacts by locating CSAH 61 closer to the existing
alignment, and reducing the extent of soils corrections needed. These efforts resulted in the
reduction of wetland impacts by approximately four acres. The use of bent pile piers for the
proposed bridge over the Minnesota River Floodplain area further reduced wetland impacts by
approximately 2.5 acres, resulting in the current proposed wetland impact amount of 4.96 acres.
Stormwater Management
Four water quality features are proposed within the project area to collect, convey, and/or treat
surface water runoff resulting from the new construction. These include drainage ditches, grass
swales, infiltration ponds, and wet detention ponds. The northeast pond, which is associated
with the roundabout, has the greatest wetland impact, but it is also providing the majority of
stormwater treatment, and will utilize the existing park and ride lot to reduce impacts. The west
pond will also require some excavation of wetland in order to achieve the required amount of
treatment. The remaining stormwater features will have no wetland impacts. These features will
be designed to meet local and state water quality standards.
Wetland Replacement
Wetland replacement for this project will be accomplished using two methods; impacts
associated with safety improvements, including roadway, bridge, and stormwater features will be
replaced through the BWSR Road Bank Program, and impacts associated with the pedestrian
trail will be replaced through purchase of wetland bank credits from wetland bank #1175. The
replacement plan proposes that 9.76 acres (4.88 ac at a 2:1 ratio) resulting from the roadway
safety improvements would be replaced with BWSR roadway replacement credits, and .16 acres
(.08 ac at a 2:1 ratio) resulting from non -safety -related wetland impacts be replaced by the
County, using wetland bank credits purchased from wetland bank account #1175, located in the
same Bank Service Area 9, and Major Watershed 33.
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 20 of 25
OTHER AGENCIES
The applicant is responsible for obtaining any permits or approvals from the appropriate
regulatory agencies and compliance with their Conditions of Approval.
FINDINGS
The Planning Commission shall recommend a Wetland Alteration Permit and the Council shall
issue such Wetland Alteration Permit only if it finds that:
a. The proposed project will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
FINDING: The proposed wetland impacts that will occur with the Highway 101
Minnesota River Crossing and CSAH 61 Improvements Project have not been found to
pose danger to public health, safety, comfort, convenience or general welfare. The goal
of the proposed project is to minimize road closures due to flood events, address existing
safety deficiencies, and to provide for the present and future traffic needs of the area,
improving safety and convenience for residents and recreationalists.
b. The proposed project will be consistent with the objectives of the City's Comprehensive
Plan and the Zoning chapter of the City Code.
FINDING: The proposal is consistent with the objectives of the City's Comprehensive
Plan and City Code. It complies with all City, State and Federal requirements. The
proposed roadway improvements, bridge construction, and trail construction is shown in
the City's Comprehensive Plan and are consistent with City and regional trail plans. The
roadway improvements and trail construction will improve safety and ease congestion
within the project area.
c. The proposed project will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
FINDING: The appearance and character of the general vicinity will not change. The
applicant has made a reasonable effort to minimize impacts to wetlands by locating
CSAH 61 closer to the existing alignment, use of bent pile piers for the proposed bridge
over the Minnesota River Floodplain area, and reducing the extent of soils corrections
needed. Currently, the proposed project is located within an area that includes single-
family residential neighborhoods, agricultural land, commercial business, U.S. Fish and
Wildlife MN Valley National Wildlife Refuge, the MN DNR Raguet Wildlife
Management Area (WMA), and the MN DNR Seminary Fen Scientific and Natural Area
(SNA). The proposed project would provide safety improvements for residents, drivers,
and recreationalists, as well as providing a connection to existing and future trails,
regional trails, and neighborhoods, thus remaining compatible with and enhancing the
existing and intended character and appearance of the area.
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 21 of 25
d. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
FINDING: The surrounding uses are zoned for Residential Medium -Density,
Residential Large -Lot, Agricultural, and Office. The wetland impacts proposed as a
result of the project are not foreseen to cause hazards or disturbance to existing or
planned neighboring uses. The proposed project is considered an enhancement to
neighboring uses, as well as providing increased safety for residential neighborhoods,
recreationalists, and motorists, by providing a safer roadway and pedestrian and non -
motorized recreational route.
e. The proposed project will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
FINDING: Any changes to drainage structures or additional drainage structures needed
as a result of the proposed wetland impacts will be designed and constructed by the
applicant's contracted consultant in compliance with City design standards. Proposed
roadways will be maintained by Carver County, and trails will be maintained by the City
of Chanhassen. Both proposed roadways and trail will be designed and constructed
according to city standards.
£ The proposed project will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
FINDING: The proposed wetland impacts associated with the Highway 101 Minnesota
River Crossing and CSAH 61 Improvements Project will not create excessive need for
public facilities and services. The roadway improvements project requires some
additional services required by the City associated with trail maintenance. In addition,
the proposed roadway improvements project are foreseen as an enhancement to economic
community welfare, by providing safety improvements and accessibility for residents and
recreationalists to local businesses.
g. The proposed project will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
FINDING: The proposed wetland alterations are not expected to be detrimental to any
persons, property or the general welfare.
h. The proposed project will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 22 of 25
FINDING: The proposed wetland impacts will not create nor interfere with traffic and
surrounding public thoroughfares. When completed, the proposed roadway
improvements will result in eased congestion, minimal or the elimination of road
closures due to flooding, improved sight lines, safer approaches, increased accident
reduction potential, and will provide safer conditions for both pedestrian and vehicular
traffic.
i. The proposed project will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
FINDING: The proposed wetland impacts associated with the project will have no
impact on solar access, natural, scenic or historic features of major significance.
j. The proposed project will be aesthetically compatible with the area.
FINDING: The applicant has made a reasonable effort to minimise 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.
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.
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.
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 23 of 25
(2) It shall be located as to minimize the impact on vegetation.
FINDING: Efforts have been made by the applicant to minimize
the impact on wetlands and vegetation through a variety of
measures, which included locating CSAH 61 closer to the existing
alignment, use of bent pile piers for the proposed bridge over the
Minnesota River Floodplain area, and reducing the extent of soils
corrections needed.
(3) It shall not adversely change water flow.
FINDING: The applicant must meet the included conditions for
the proposed wetland impacts in order to avoid an adverse effect
on the hydraulic and hydrological characteristics of remaining
wetland. The removal of the causeway within the Minnesota River
Floodplain Area will restore natural flows and wildlife habitat to
the area. The applicant is in the process of obtaining the necessary
permits from the Minnesota Department of Natural Resources and
U.S. Army Corps of Engineers for any necessary work within
Bluff Creek and the Minnesota River Floodplain Area.
(4) The size of the altered area shall be limited to the minimum
required for the proposed action.
FINDING: The applicant has made a reasonable effort to limit the
proposed wetland impacts to the minimum amount required in
order to complete the bridge construction and roadway
improvements project. During construction the contractor is
required to follow approved plans to limit alterations to the
minimum the project necessitates.
(5) The disposal of any excess material is prohibited within remaining
wetland areas.
FINDING: The applicant and their contractor are prohibited from
disposing of excess material within remaining wetland areas as
well as any other activities which may negatively impact the
remaining wetland areas.
(6) The disposal of any excess material shall include proper erosion
control and nutrient retention measures.
FINDING: The applicant and their contractor must submit a
satisfactory erosion and sediment control plan, and comply with all
applicable sections of Chanhassen City Code, the City's Surface
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 24 of 25
Water Management Plan, and the Minnesota Pollution Control
Agency.
(7) Alterations to any wetland area are prohibited during waterfowl
breeding season or fish spawning season, unless it is determined by
the city that the wetland is not used for waterfowl breeding or fish
spawning.
FINDING: The applicant and their contractor are required to
refrain from any wetland altering activity during waterfowl
breeding and fish spawning season.
(8) Alterations to wetland areas shall be mitigated in accordance with
the requirements of this article if the activity results in a loss of
wetland area and/or function and value of the wetland.
FINDING: The applicant has submitted a replacement plan as
part of the Joint Notification Application for Wetland Replacement
which was received on February 25, 2014. The applicant is
proposing to replace the impacted area using wetland bank credits.
The required replacement ratio is 2:1. This is consistent with
Chapter 8420.0522. of the Wetland Conservation Act (WCA)
Rules, and City Code, Chapter 20, Article V1.
(9) Dedicated buffers in accordance with Sections 20-411.
FINDING: The applicant must comply with the City's Wetland
Protection Ordinance.
In order to accommodate the reconstruction, the plan proposes impacts to seven wetlands, as well
as Bluff Creek and the Minnesota River Floodplain area, totaling 4.96 acres of permanent
wetland impact. The applicant, Carver County, is proposing to replace the permanently impacted
area resulting from safety -related roadway improvements (4.88 acres) using wetland bank credits
from the Board of Water and Soil Resources (BWSR) roadway replacement bank, and the
impacted area resulting from non -safety -related impacts (.08 acres) using credits from wetland
bank #1175. In both cases the requirement calls for a 2:1 replacement ratio. This is consistent
with Chapter 8420.0522. of the Wetland Conservation Act (WCA) Rules.
The applicant must receive the City's approval of a wetland replacement plan prior to any
wetland impact occurring.
Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project Wetland Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 25 of 25
Staff recommends that the Planning Commission adopt the following motion:
"The Chanhassen Planning Commission recommends that City Council approve Wetland
Alteration Permit #2014-10 and WCA Permit Number 2014-01 to impact 4.96 acres of
wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase
of. 16 acres of wetland credit from bank #1175 and 9.76 acres from the BWSR Road
Replacement Program for the purpose of the proposed Highway 101 Minnesota River
Crossing and CSAH 61 Improvements Project; and authorize the Water Resources
Coordinator to sign the joint notification application for approval of wetland replacement as
shown in plans dated December 20, 2013 subject to the following conditions:
Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420). The applicant shall receive the City's approval of a wetland
replacement plan prior to any wetland impact occurring.
2. Wetland buffer areas shall be preserved, maintained, and/or created around all existing
wetlands in compliance with Sections 20-401 — 20-421 of Chanhassen City Code.
3. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g.
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources,
Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and
Army Corps of Engineers and comply with their conditions of approval.
4. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board
of Water and Soil Resources signed by both the buyer and seller of designated wetland
credits.
The applicant must obtain, and the City must have received copy of, an Application for
Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by
the Minnesota Board of Water and Soil Resources prior to any wetland impacts.
6. A signed Landowner Statement and Contractor Responsibility form shall be provided to City
prior to commencement of activity.
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Joint Notification Application for Wetland Replacement, Attachments and Supplements.
4. Public Hearing Notice.
GAPLANM2014 Planning Cases\2014-05 Lyman Boulevard WAP
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
The application of Carver County Public Works for a Wetland Alteration Permit for wetland
replacement for proposed impacts to seven wetlands, as well as Bluff Creek and the Minnesota
River Floodplain Area totaling 4.96 acres, as a part of the proposed Highway 101 Minnesota River
Crossing and CSAH 61 Improvements Project — Planning Case 2014-10.
On March 18, 2014, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Carver County for a wetland alteration permit to impact
seven wetlands, as well as Bluff Creek and the Minnesota River Floodplain Area. The total area
proposed to be impacted is 4.96 acres. The Planning Commission conducted a public hearing on
the wetland alteration permit which was preceded by published notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate (A2), and Fringe District (BF).
2. The property is guided in the Land Use Plan for Residential Medium -Density, Residential
Large -Lot, Agricultural, and Office.
3. The proposed project is located within the within the Highway 101 and CSAH 61
intersection and Highway 101 Minnesota River Crossing and CSAH 61 Improvements
Project corridor, Sections 35 and 36, T116 and 115N, R23W, within the cities of Chanhassen
and Shakopee.
4. City code directs that a wetland alteration permit shall not be issued without having been first
reviewed by the Planning Commission and approved by the City Council following the
review and hearing procedures set forth for conditional use permits and the additional
requirement of Minnesota Rules Chapter 8420.0230.
Wetland Alteration and Conditional Use Criteria:
The Planning Commission shall recommend a Wetland Alteration Permit and the Council shall
issue such Wetland Alteration Permit only if it finds that:
a. The proposed project will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
FINDING: The proposed wetland impacts that will occur with the Highway 101
Minnesota River Crossing and CSAH 61 Improvements Project have not been found to
pose danger to public health, safety, comfort, convenience or general welfare. The goal
of the proposed project is to minimize road closures due to flood events, address existing
safety deficiencies, and to provide for the present and future traffic needs of the area,
improving safety and convenience for residents and recreationalists.
b. The proposed project will be consistent with the objectives of the city's Comprehensive
Plan and the Zoning chapter of the City Code.
FINDING: The proposal is consistent with the objectives of the city's Comprehensive
Plan and City Code. It complies with all City, State and Federal requirements. The
proposed roadway improvements, bridge construction, and trail construction is shown in
the City's Comprehensive Plan and are consistent with City and regional trail plans. The
roadway improvements and trail construction will improve safety and ease congestion
within the project area.
c. The proposed project will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
FINDING: The appearance and character of the general vicinity will not change. The
applicant has made a reasonable effort to minimize impacts to wetlands by locating
CSAH 61 closer to the existing alignment, use of bent pile piers for the proposed bridge
over the Minnesota River Floodplain area, and reducing the extent of soils corrections
needed. Currently, the proposed project is located within an area that includes single-
family residential neighborhoods, agricultural land, commercial business, U.S. Fish and
Wildlife MN Valley National Wildlife Refuge, the MN DNR Raguet Wildlife
Management Area (WMA), and the MN DNR Seminary Fen Scientific and Natural Area
(SNA). The proposed project would provide safety improvements for residents, drivers,
and recreationalists, as well as providing a connection to existing and future trails,
regional trails, and neighborhoods, thus remaining compatible with and enhancing the
existing and intended character and appearance of the area.
d. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
FINDING: The surrounding uses are zoned for Residential Medium -Density,
Residential Large -Lot, Agricultural, and Office. The wetland impacts proposed as a
result of the project are not foreseen to cause hazards or disturbance to existing or
planned neighboring uses. The proposed project is considered an enhancement to
neighboring uses, as well as providing increased safety for residential neighborhoods,
recreationalists, and motorists, by providing a safer roadway and pedestrian and non -
motorized recreational route.
e. The proposed project will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
FINDING: Any changes to drainage structures or additional drainage structures needed
as a result of the proposed wetland impacts will be designed and constructed by the
applicant's contracted consultant in compliance with city design standards. Proposed
roadways will be maintained by Carver County, and trails will be maintained by the City
of Chanhassen. Both proposed roadways and trail will be designed and constructed
according to city standards.
f. The proposed project will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
FINDING: The proposed wetland impacts associated with the Highway 101 Minnesota
River Crossing and CSAH 61 Improvements Project will not create excessive need for
public facilities and services. The roadway improvements project requires some
additional services required by the city associated with trail maintenance. In addition, the
proposed roadway improvements project are foreseen as an enhancement to economic
community welfare, by providing safety improvements and accessibility for residents and
recreationalists to local businesses.
g. The proposed project will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
FINDING: The proposed wetland alterations are not expected to be detrimental to any
persons, property or the general welfare.
h. The proposed project will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
FINDING: The proposed wetland impacts will not create nor interfere with traffic and
surrounding public thoroughfares. When completed, the proposed roadway
improvements will result in eased congestion, minimal or the elimination of road
closures due to flooding, improved sight lines, safer approaches, increased accident
reduction potential, and will provide safer conditions for both pedestrian and vehicular
traffic.
i. The proposed project will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
FINDING: The proposed wetland impacts associated with the project will have no
impact on solar access, natural, scenic or historic features of major significance.
j. The proposed project will be aesthetically compatible with the area.
FINDING: The applicant has made a reasonable effort to minimize wetland impacts and
retain aesthetical compatibility within the area. In addition, the proposed roadway
improvements project will complement the area.
k. The proposed project will not depreciate surrounding property values.
FINDING: The proposed wetland impacts have been minimized to the greatest extent
feasible, while still allowing for the roadway improvements project to occur. The
proposed roadway improvements project will create a safer setting and will be an asset to
the surrounding properties.
1. The proposed project will meet standards prescribed for certain uses as provided in the
City Code.
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.
FINDING: The applicant must meet the included conditions for
the proposed wetland impacts in order to avoid an adverse effect
on the ecological and hydrological characteristics of remaining
wetland.
(2) It shall be located as to minimize the impact on vegetation.
FINDING: Efforts have been made by the applicant to minimize
the impact on wetlands and vegetation through a variety of
measures, which included locating CSAH 61 closer to the existing
alignment, use of bent pile piers for the proposed bridge over the
Minnesota River Floodplain area, and reducing the extent of soils
corrections needed.
(3) It shall not adversely change water flow.
FINDING: The applicant must meet the included conditions for
the proposed wetland impacts in order to avoid an adverse effect
on the hydraulic and hydrological characteristics of remaining
wetland. The removal of the causeway within the Minnesota River
Floodplain Area will restore natural flows and wildlife habitat to
Al
the area. The applicant is in the process of obtaining the necessary
permits from the Minnesota Department of Natural Resources and
U.S. Army Corps of Engineers for any necessary work within
Bluff Creek and the Minnesota River Floodplain Area.
(4) The size of the altered area shall be limited to the minimum
required for the proposed action.
FINDING: The applicant has made a reasonable effort to limit the
proposed wetland impacts to the minimum amount required in
order to complete the bridge construction and roadway
improvements project. During construction the contractor is
required to follow approved plans to limit alterations to the
minimum the project necessitates.
(5) The disposal of any excess material is prohibited within remaining
wetland areas.
FINDING: The applicant and their contractor are prohibited from
disposing of excess material within remaining wetland areas as
well as any other activities which may negatively impact the
remaining wetland areas.
(6) The disposal of any excess material shall include proper erosion
control and nutrient retention measures.
FINDING: The applicant and their contractor must submit a
satisfactory erosion and sediment control plan, and comply with all
applicable sections of Chanhassen City Code, the City's Surface
Water Management Plan, and the Minnesota Pollution Control
Agency.
(7) Alterations to any wetland area are prohibited during waterfowl
breeding season or fish spawning season, unless it is determined by
the City that the wetland is not used for waterfowl breeding or fish
spawning.
FINDING: The applicant and their contractor are required to
refrain from any wetland altering activity during waterfowl
breeding and fish spawning season.
(8) Alterations to wetland areas shall be mitigated in accordance with
the requirements of this article if the activity results in a loss of
wetland area and/or function and value of the wetland.
FINDING: The applicant has submitted a replacement plan as
part of the Joint Notification Application for Wetland Replacement
which was received on February 25, 2014. The applicant is
proposing to replace the impacted area using wetland bank credits.
The required replacement ratio is 2:1. This is consistent with
Chapter 8420.0522. of the Wetland Conservation Act (WCA)
Rules, and City Code, Chapter 20, Article VI.
(9) Dedicated buffers in accordance with Sections 20-411.
FINDING: The applicant must comply with the City's Wetland
Protection Ordinance.
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
seven wetlands, as well as Bluff Creek and the Minnesota River Floodplain Area totaling 4.96 acres,
as a part of the proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements
Project.
ADOPTED by the Chanhassen Planning Commission this 18t' day of March, 2014.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
Ci
PC DATE: March 18, 2014
r
y �
9 S
a H k'
PROPOSED MOTION:
CC DATE: April 14, 2014
REVIEW DEADLINE: April 15, 2014
CASE #: 2014-10
BY: KS
The Chanhassen Planning Commission recommends that City Council approve Wetland
Alteration Permit #2014-10 and WCA Permit Number 2014-01 to impact 4.96 acres of
wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase
of .16 acres of wetland credit from bank #1175 and 9.76 acres from the BWSR Road
Replacement Program for the purpose of the proposed Highway 101 Minnesota River Crossing
and CSAH 61 Improvements Project; and authorize the Water Resources Coordinator to sign
the joint notification application for approval of wetland replacement as shown in plans dated
December 20, 2013 subject to conditions within this staff report.
And,
Adoption of the attached Findings of Fact and Recommendation.
SUMMARY OF REQUEST: Request for a Wetland Alteration Permit for the construction of the
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project.
LOCATION: Within the T.H. 101 and CSAH 61 intersection and project corridor, Sections
35 and 36, T116 and 115N, R23W
APPLICANT: Carver County Public Works
Attn: Lyndon Robjent, P.E.
11360 Highway 212, Suite 1
Cologne, MN 55322
lrobjent(a)co.carver.mn.us
952-466-5200
PRESENT ZONING: Agricultural Estate (A2), and Fringe District (BF).
2030 LAND USE PLAN: Residential Medium -Density, Residential Large -Lot, Agricultural,
and Office.
ACREAGE: N/A DENSITY: N/A
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 2 of 27
SUMMARY OF PROPOSAL
Request for a Wetland Alteration Permit under Chanhassen City Code, Chapter 20, Article VI,
Wetland Protection, and approval of a wetland replacement plan under the MN Wetland
Conservation Act -for the construction of the proposed Highway 101 Minnesota River Crossing
and CSAH 61 Improvements Project.
LEVEL OF CITY DISCRETION IN DECISION -MAKING
The City has limited discretion in approving or denying a wetland alteration permit, based on
whether or not the proposal meets the wetland alteration permit standards outlined in the Zoning
Ordinance. If the City finds that all the applicable wetland alteration permit standards are met,
the permit must be approved. This is a quasi-judicial decision.
APPLICABLE REGUATIONS
• Chapter 20, Article 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 Highway 101 Minnesota River Crossing and CSAH
61 Improvements Project. The proposed project consists of reconstruction of CSAH 61 and
Highway 101 crossing of the Minnesota River, within the Cities of Chanhassen and Shakopee.
The Carver County Public Works Department is proposing to improve the existing roadway and
river crossing by constructing a new 4,226-foot long four -lane bridge over the Minnesota River
floodplain area and providing roadway safety and capacity improvements to CSAH 61 (Flying
Cloud Drive) from approximately 475 feet west of Bluff Creek Drive to approximately 350 feet
east of the Highway 61/101 intersection. (see Figure 1). Construction for the proposed project is
expected to begin with Phase 1 in June 2014, with substantial completion and former
embankment removal in late December 2015.
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 3 of 27
Proiect Location
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project
Carver County, Minnesota
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 4 of 27
In order to accommodate the reconstruction, the applicant is proposing to impact seven existing
wetlands (S1, S2, S3, S5, S6, S8, D11), as well as Bluff Creek and the Minnesota River and
floodplain, both Minnesota Department of Natural Resources (DNR) protected watercourses (see
Figure 1 and Table 1, below).
Figure 1. Proposed wetland impacts as indicated in Figure 6 from application
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 5 of 27
Table 1. Wetland Impacts
Basin
ID
Coil al din
Classification
Circular 39
Classification
Eggers & Reed
Classification
Impact TA
R etland
Impacts
(acres)
Sl
PEMB
Type 2
Fresh (art) Meadow
Fill
0.44
Sl
PEMB
Type 2
Fresh (wet) Meadow-
Excavation
0.05
S2
PEMB
Type 2
Fresh (wet) Meadow
Fill
0.44
S3
PEMC
Type 3
Shallow Marsh
Fill
0.21
S51S6
PEMB
Type 2
Fresh (wet) Meadow
Fill
0.66
S8
PEMC
Type 3
Shallow Marsh
Fill
0.01
SS
PEMC
Type 3
Shallow Marsh
Excavation
0.01
D11
PEMB PEMC
Type 2/3
Fresh (wet) Meadow.
Shallow Marsh
Fill
1.99
Dl 1
PEMB
Type 2
Fresh (wet) Meadow
Excavation
0.47
Bluff Creek
PEMB
Type 2
Fresh (wrt) Meadow
Realignment
0.47
Minnesota River
Cross
PEMC
Type 3
Shallow Marsh
Bmt Piers
021
Total Impacts
4.96 acres
Joint Notification Application for the Southwest Reconnection Project, prepared by S.E.H., January, 2014
The proposed wetland impacts resulting from the roadway improvements are divided into two
categories: safety -driven impacts (impacts that result from the roadway safety improvements,
bridge construction and creation of stormwater features) (4.88 acres), and non -safety related
impacts (impacts resulting from trail creation) (.08 acres). Safety -related wetland impacts are
eligible to be replaced using credits from the Board of Water and Soil Resources (BWSR)
roadway replacement bank. Because the impacts for this portion of the proposed project are
eligible for BWSR replacement credits, the required replacement ratio for the roadway and
stormwater pond impacts are 2:1. Thus, 9.76 acres will be withdrawn from the BWSR Road
Replacement Bank. The additional .08 acres of wetland impact associated with the multi -use
recreational trail will be mitigated for using wetland bank credits purchased by Carver County
from account #1175. This wetland bank is located in the same Bank Service Area (BSA 9) and
Major Watershed (33-Minnesota) as the proposed project. Therefore, the impacts are required to
be mitigated for at a 2:1 ratio, resulting in the purchase of .16 acres of wetland credit from bank
#1175. This is consistent with Chapter 8420.0522 of the Wetland Conservation Act (WCA)
Rules (see Table 2, below).
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 6 of 27
Table 2. Wetland Impact Mitigation
Impact Source
Mitigation Source
Wetland
Welland Mitigation
Impacts acres
acres at 2:I ratio
Roadway, bridge. and
BWSR Road Bank
4.88
9.76
storm water ponds
Pedestrian trail
Gentian Settlement
0.08
0.16
Bank #1175
Totals
4.96
9.92
Table 7, Joint Notification Application for the Southwest Reconnection Project, prepared by S.E.H., January, 2014
BACKGROUND
The Highway 101 and CSAH 61 `wye' intersection have been experiencing safety and
operational deficiencies associated with flooding and peak hour traffic delays as traffic volumes
approach and exceed the capacities of these currently two-lane roadways. There are also short -
and long-term capacity deficiencies with the increasing travel demand along these corridors. The
proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project is
deemed necessary in order to ease congestion, improve safety, address future traffic growth, and
eliminate road closures due to 100-yr flood events. The need for the project is also identified in the
Carver County Transportation Plan (2007).
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 7 of 27
DISCUSSION
The proposed Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project
involves reconstruction of the segment of CSAH 61 (Flying Cloud Drive) from approximately 475
feet west of Bluff Creek Drive to approximately 350 feet east of the Highway 61 /101 "wye"
intersection, within the City of Chanhassen, and the construction of a new 4,226-foot long four -lane
bridge over the Minnesota River floodplam within Chanhassen and into the City of Shakopee. The
proposed project will accommodate capacity and safety improvements by reconstructing the
causeway within the river floodplain area, and current two-lane, undivided roadway and "wye"
intersection to a four -lane bridge that will span the Minnesota River floodplain, and four -lane
divided roadway with two round -a -bouts and raised medians. The construction of the proposed
bridge will allow Highway 101 and CSAH 61 to remain open during 100-year flood events, and
the reduction of intersections and added capacity will improve safety. Additional safety
information can be found in the Supplemental Information for the WCAI Corps Joint Permit
Application, dated January 29, 2014.
Highway 101 Bridge Replacement
The proposed bridge will consist of four lanes, with two 12-foot driving lanes in each direction
with 8-foot outside shoulders. The proposed roadway elevation will raise the roadway above the
100-year flood elevation and minimize or eliminate road closure due to flooding. The proposed
bridge will span the Minnesota River floodplain area, more specifically over DNR Public Waters
10-221 W and 27-132P (Rice Lake). Forty piers and two abutments will support the proposed
bridge, and 37 of these will be partially or wholly within wetland and consist of 8 and 11 bent
piles. Construction of the proposed bridge will allow for the removal of the existing causeway
from the Minnesota River floodplain, which will restore a large area of natural flow to the
Minnesota River under high water and flood conditions.
CSAH 61 (Flying Cloud Drive) Improvements
The CSAH 61 (Flying Cloud Drive) improvements include the addition of a four -lane roadway
section between the Highway 101 `Wye" intersection and Bluff Creek Road. Two roundabout
intersections are proposed at the current Highway 101 "wye" intersection, and the Bluff Creek
Road intersection. A bridge is also proposed over Bluff Creek.
Bluff Creek Realignment
The current alignment of Bluff Creek passes under CSAH 61 and Highway 101 through two
side -by -side box culverts. The proposed project would replace these twin box culverts and the
four culverts under Highway 101 with the construction of a bridge on CSAH 61 and the
proposed Highway 101 Bridge. The realigned section of Bluff Creek will extend the length of the
segment of Bluff Creek between structures and allow for more meandering than it is currently
able to achieve.
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 8 of 27
Pedestrian Trail
As part of the project, a multi -use pedestrian trail is proposed that extends from Bluff Creek
Drive east along the north side of CSAH 61to the eastern edge of the project, which is proposed
to connect to the Hennepin County future trail corridor. On the western side of the project, the
proposed off -road trail will follow the shoulder of Bluff Creek Drive north to connect with the
Minnesota River Valley LRT Trail. A segment of the trail corridor is also proposed to cross
under CSAH 61 in a shared bridge crossing with Bluff Creek. The construction of the trail will
result in 3,593 square feet, on the north side of the 61/101 roundabout. The majority of the trail is
located within areas that are already quantified within the roadway impacts.
Wetlands within the proposed project area were delineated in September of 20012 by S.E.H. and
June of 2013 by the MN Department of Transportation. The Technical Evaluation Panel
reviewed the delineations on -site in July of 2013. The delineation identified 23 wetland areas
within the proposed project areas, as well as Bluff Creek. The Joint Permit Application dated
January 29, 2014 was received and noticed on February 25, 2014. The proposed improvements
will result in permanent impacts to seven wetlands as well as Bluff Creek and the Minnesota
River, shown in Figure 2, below, and described as follows:
EXPLANATION
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Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 9 of 27
Figure 2. Delineated wetland areas as viewed in aerial photograph, Wetland Delineation Report, September 2013,
provided by S.E.H.
Wetland Sl : This wetland is classified as a Preserve wetland under the city's wetland
classification system. It is classified as Type 2, Fresh (Wet) Meadow according to Fish and
Wildlife Service Circular 39. Wetland S 1 is located immediately south of CSAH 61 and west of
the existing `wye' intersection. The proposed impact to this wetland is approximately .49 acres.
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 10 of 27
Figure 4. Photograph of wetland Sl facing south to Minnesota River (source S.E.H)
Wetland S2: This wetland is classified as a Preserve wetland under the city's wetland
classification system. It is classified as a Type 2, Fresh (Wet) Meadow according to Fish and
Wildlife Service Circular 39. It is located immediately south of CSAH 61, beginning just east of
Bluff Creek Drive and extending west to the west terminus of the project area and area of
investigation. The proposed permanent impact to this wetland will be approximately .44 acres.
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 11 of 27
iota Rker
(source S.E.H.)
Wetland S3: This wetland is classified as a Type 3, Shallow Marsh wetland according to Fish
and Wildlife Service Circular 39. It is classified as an Outstanding wetland under the city's
wetland classification system. Wetland S3 is located immediately northwest of the intersection of
CSAH 61 and Bluff Creek Drive, and is a part of the larger Seminary Fen wetland area, though it
is not within the Minnesota DNR Seminary Fen Scientific and Natural Area (SNA). The
proposed impact area to this wetland is approximately .21 acres.
mk aNan. e
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Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 13 of 27
Figure 7. Proposed wetland impacts as indicated in Figure 6-1 from application
Wetland S5/6: This wetland is classified as a Type 2, Fresh (Wet) Meadow according to Fish
and Wildlife Service Circular 39. It is classified as a Manage 2 wetland under the city's wetland
classification system. Wetland S5/6 is located immediately north and slightly east of the
Highway 101/CSAH 61'wye'. The proposed impact area to this wetland is approximately .66
acres.
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 14 of 27
Figure 8. Wetland S5 facing northeast from CSAH 61 roadway (source S.E.H.)
rast from CSAH 61
roadway (source S.E.H.)
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 15 of 27
Wetland S8: This wetland is classified as a Type 3, Shallow Marsh wetland according to Fish
and Wildlife Service Circular 39. Wetland S8 is a small wetland located between the current
`Park and Ride' lot and roadway on the east side within the `wye' intersection. It is not classified
under the city's wetland classification system. The proposed impact area to this wetland is
approximately .02 acres.
Figure 10. Wetland S8 (small wetland in ditch within the existing'wye' intersection) facing northeast from existing 'Park
and Ride' lot (source S.E.H.)
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 16 of 27
Wetland DI 1: This wetland is classified as a Type 2/3, Fresh (Wet) Meadow and Shallow Marsh
wetland according to Fish and Wildlife Service Circular 39. Wetland Dl 1 is located within the
existing Highway 101/CSAH 61'wye' intersection just north of where the Bluff Creek channel
currently flows. It is not classified under the city's wetland classification system. The proposed
impact area to this wetland is approximately 2.46 acres.
Figure 11. Aerial view of Wetland DI taken from Figure 6a of the Wetland Delineation Report, September, 2013
(source S.E.H.)
Bluff Creek: Bluff Creek is a Minnesota Department of Natural Resources Protected
Watercourse. It is classified as a Type 2, Fresh (Wet) Meadow wetland according to Fish and
Wildlife Service Circular 39.The applicant is proposing .47 acres of permanent impact to Bluff
Creek, associated with culvert replacement and realignment and relocation of the channel to
allow Bluff Creek to pass under the CSAH 61 roadway. Approximately 500 linear feet of the
creek between CSAH 61 and Highway 101 will be realigned as part of the proposed project. The
proposed channel alignment will be approximately 600 linear feet and will include designed
meanders and slope reduction. The applicant is in the process of obtaining the necessary permits
and approvals from the Minnesota Department of Natural Resources for the proposed work
within Bluff Creek(See Figure 12, below).
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 17 of 27
Figure 12. Proposed wetland impacts as indicated in Figure 6-2 from application
Minnesota River Channel and Floodplain: The Minnesota River Floodplain is a Minnesota
Department of Natural Resources Protected Water and Watercourse. The applicant is proposing
.21 acres of permanent impact to the Minnesota River Floodplain, classified as Type 3, Shallow
Marsh wetland according to Fish and Wildlife Service Circular 39. The proposed impacts are
associated with the 37 piers that will support the proposed bridge that are to be placed partially
or wholly within wetland, and consist of 8 and 11 bent piles for each pier. A total of 374 bent
piles are proposed to be within wetland areas, and each is estimated to incur 25 square feet of
wetland impact (See Figure 13, below). Construction of the proposed bridge will also allow for
the removal of the existing causeway from the Minnesota River floodplain, which will restore a
large area of natural flow to the Minnesota River under high water and flood conditions, and will
allow natural wetland and floodplain habitat to re-establish. The removal of the existing
causeway and its associated fill material is projected to have a positive environmental effect by
allowing for the natural restoration of wetland/floodplain habitat. This cannot be claimed as
mitigation however.
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 18 of 27
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
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Planning Case #2014-10
March 18, 2014
Page 19 of 27
Figure 13. Proposed �cetland impacts as indicated in Figure 6-3 from application
ALTERNATIVES
The Wetland Conservation Act requires the applicant to list at least two alternatives to the
proposed project that would avoid or minimize impacts to wetlands or waters (one of which may
be "no build" or "do nothing"). The applicant then must list and explain why the option
described in the application was chosen over these alternatives. The following alternatives were
presented in the Joint Notification Application submitted by the applicant:
A No -Build alternative would entail making no improvements and allows the existing
configuration of intersections within the project area and would result in no impacts to wetlands.
The No -Build Alternative was not chosen as the preferred alternative because it fails to address
the project purpose and need or satisfy the project goals and objectives of eliminating or
minimizing road closures due to flood events, and meeting growing travel capacity demands and
safety needs.
Alternative road alignments were investigated to determine if impacts to the wetlands, Bluff
Creek, and the Minnesota River Floodplain could be avoided and to identify minimization
opportunities. These alternatives were disregarded due to engineering challenges, as the majority
of them resulted in approximately the same amount of wetland impacts.
CSAH 61- Alternative 1
Preliminary plans included the relocation of CSAH 61 to the north of the existing alignment.
This alternative would meet future traffic demand, but included necessary grading into bluff
areas. Alternative 1 would have added impacts to Wetlands S3, S4, S5/6 and D13, but would
reduce impacts to Wetland 1. Impacts associated with the roundabout would remain unchanged.
Alternative locations of the roundabout were also considered, but all would have resulted in
additional impacts to wetlands D6 and D9 (both Wetlands D6 and D9 are located within the
Minnesota River floodplain area). Therefore, the preferred alternative of reducing the overall
quantity of impacts to other, potentially higher quality wetlands was chosen, as it was determined
that impacts to Wetland Dl 1 were unavoidable.
A traditional intersection was also considered in place of the proposed roundabout intersections,
however, due to the intersection locations this alternative would not result in the reduction of
wetland impacts. Thus, the roundabout intersections were selected as the preferred alternative, as
they are considered to provide the greatest safety improvement.
Highway 101- Alternative 2
Highway 101 was considered for multiple construction and alignment alternatives. Raising the
elevation of the causeway was considered but dismissed, as it would cause extensive wetland
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 20 of 27
impacts and increase flood elevations. Alternative alignments were also considered, but resulted
in greater wetland impacts. Alternative bridge construction proposed to set piers into constructed
riprap islands. However these islands would result in a considerable footprint of discharge into
wetland area, and added between 5 and 6 acres of wetland impacts.
Preferred Alternative
The Preferred Alternative (the proposed Highway 101 Minnesota River Crossing and CSAH 61
Improvements Project) was chosen because it significantly reduced impacts for the bridge
portion of the project. Construction of the proposed bridge will allow for the removal of the
existing causeway, while minimizing road closures from flooding without increasing the 100-
year flood elevation.
The proposed CSAH 61 (Flying Cloud Drive) roadway improvements will improve safety
through two new roundabout intersections and address existing high traffic volumes by adding a
four -lane roadway through the project corridor.
Impact Minimization and Avoidance
The Wetland Conservation Act requires that if avoidance is not an option, the unavoidable
impacts are minimized to the greatest extent practicable. Efforts have been made by the applicant
to minimize the proposed wetland impacts by locating CSAH 61 closer to the existing alignment,
and reducing the extent of soils corrections needed. These efforts resulted in the reduction of
wetland impacts by approximately 4 acres. The use of bent pile piers for the proposed bridge
over the Minnesota River Floodplain area further reduced wetland impacts by approximately 2.5
acres, resulting in the current proposed wetland impact amount of 4.96 acres.
Stormwater Management
Four water quality features are proposed within the project area to collect, convey, and/or treat
surface water runoff resulting from the new construction. These include drainage ditches, grass
swales, infiltration ponds, and wet detention ponds. The northeast pond, which is associated with
the roundabout, has the greatest wetland impact, but it is also providing the majority of
stormwater treatment, and will utilize the existing park and ride lot to reduce impacts. The west
pond will also require some excavation of wetland in order to achieve the required amount of
treatment. The remaining stormwater features will have no wetland impacts. These features will
be designed to meet local and state water quality standards.
Wetland Replacement
Wetland replacement for this project will be accomplished using two methods; impacts
associated with safety improvements, including roadway, bridge, and stormwater features will be
replaced through the BWSR road bank program, and impacts associated with the pedestrian trail
will be replaced through purchase of wetland bank credits from wetland bank #1175. The
replacement plan proposes that 9.76 acres (4.88 ac at a 2:1 ratio) resulting from the roadway
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 21 of 27
safety improvements would be replaced with BWSR roadway replacement credits, and .16 acres
(.08 ac at a 2:1 ratio) resulting from non -safety -related wetland impacts be replaced by the
County, using wetland bank credits purchased from wetland bank account #1175, located in the
same Bank Service Area 9, and Major Watershed 33.
OTHER AGENCIES
The applicant is responsible for obtaining any permits or approvals from the appropriate
regulatory agencies and compliance with their conditions of approval.
FINDINGS
The Planning Commission shall recommend a wetland alteration permit and the Council shall issue
such wetland alteration permit only if it finds that:
a. The proposed project will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
FINDING: The proposed wetland impacts that will occur with the Highway 101
Minnesota River Crossing and CSAH 61 Improvements Project have not been found to
pose danger to public health, safety, comfort, convenience or general welfare. The goal of
the proposed project is to minimize road closures due to flood events, address existing
safety deficiencies, and to provide for the present and future traffic needs of the area,
improving safety and convenience for residents and recreationalists.
b. The proposed project will be consistent with the objectives of the city's Comprehensive
Plan and the zoning chapter of the City Code.
FINDING: The proposal is consistent with the objectives of the city's Comprehensive
Plan and City Code. It complies with all city, state and federal requirements. The
proposed roadway improvements, bridge construction, and trail construction is shown in
the City's 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 Soto be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
FINDING: The appearance and character of the general vicinity will not change. The
applicant has made a reasonable effort to minimize impacts to wetlands by locating
CSAH 61 closer to the existing alignment, use of bent pile piers for the proposed bridge
over the Minnesota River Floodplain area, and reducing the extent of soils corrections
needed. Currently, the proposed project is located within an area that includes single-
family residential neighborhoods, agricultural land, commercial business, U.S. Fish and
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
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March 18, 2014
Page 22 of 27
Wildlife MN Valley National Wildlife Refuge, the MN DNR Raquet Wildlife
Management Area (WMA), and the MN DNR Seminary Fen Scientific and Natural Area
(SNA). The proposed project would provide safety improvements for residents, drivers,
and recreationalists, as well as providing a connection to existing and future trails,
regional trails, and neighborhoods, thus remaining compatible with and enhancing the
existing and intended character and appearance of the area.
d. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
FINDING: The surrounding uses are zoned for Residential Medium -Density,
Residential Large -Lot, Agricultural, and Office. The wetland impacts proposed as a
result of the project are not foreseen to cause hazards or disturbance to existing or
planned neighboring uses. The proposed project is considered an enhancement to
neighboring uses, as well as providing increased safety for residential neighborhoods,
recreationalists, and motorists, by providing a safer roadway and pedestrian and non -
motorized recreational route.
e. The proposed project will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
FINDING: Any changes to drainage structures or additional drainage structures needed
as a result of the proposed wetland impacts will be designed and constructed by the
applicant's contracted consultant in compliance with city design standards. Proposed
roadways will be maintained by Carver County, and trails will be maintained by the City
of Chanhassen. Both proposed roadways and trail will be designed and constructed
according to city standards.
f. The proposed project will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
FINDING: The proposed wetland impacts associated with the Highway 101 Minnesota
River Crossing and CSAH 61 Improvements Project will not create excessive need for
public facilities and services. The roadway improvements project requires some
additional services required by the city associated with trail maintenance. In addition, the
proposed roadway improvements project are foreseen as an enhancement to economic
community welfare, by providing safety improvements and accessibility for residents and
recreationalists to local businesses.
g. The proposed project will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
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Planning Case #2014-10
March 18, 2014
Page 23 of 27
general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
FINDING: The proposed wetland alterations are not expected to be detrimental to any
persons, property or the general welfare.
h. The proposed project will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
FINDING: The proposed wetland impacts will not create nor interfere with traffic and
surrounding public thoroughfares. When completed, the proposed roadway
improvements will result in eased congestion, minimal or the elimination of road
closures due to flooding, improved sight lines, safer approaches, increased accident
reduction potential, and will provide safer conditions for both pedestrian and vehicular
traffic.
i. The proposed project will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
FINDING: The proposed wetland impacts associated with the project will have no
impact on solar access, natural, scenic or historic features of major significance.
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.
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
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March 18, 2014
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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.
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
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March 18, 2014
Page 25 of 27
(2) It shall be located as to minimize the impact on vegetation.
FINDING: Efforts have been made by the applicant to minimize
the impact on wetlands and vegetation through a variety of
measures, which included locating CSAH 61 closer to the existing
alignment, use of bent pile piers for the proposed bridge over the
Minnesota River Floodplain area, and reducing the extent of soils
corrections needed.
(3) It shall not adversely change water flow.
FINDING: The applicant must meet the included conditions for
the proposed wetland impacts in order to avoid an adverse effect
on the hydraulic and hydrological characteristics of remaining
wetland. The removal of the causeway within the Minnesota River
Floodplain Area will restore natural flows and wildlife habitat to
the area. The applicant is in the process of obtaining the necessary
permits from the Minnesota Department of Natural Resources and
U.S. Army Corps of Engineers for any necessary work within
Bluff Creek and the Minnesota River Floodplain Area.
(4) The size of the altered area shall be limited to the minimum
required for the proposed action.
FINDING: The applicant has made a reasonable effort to limit the
proposed wetland impacts to the minimum amount required in
order to complete the bridge construction and roadway
improvements project. During construction the contractor is
required to follow approved plans to limit alterations to the
minimum the project necessitates.
(5) The disposal of any excess material is prohibited within remaining
wetland areas.
FINDING: The applicant and their contractor are prohibited from
disposing of excess material within remaining wetland areas as
well as any other activities which may negatively impact the
remaining wetland areas.
(6) The disposal of any excess material shall include proper erosion
control and nutrient retention measures.
FINDING: The applicant and their contractor must submit a
satisfactory erosion and sediment control plan, and comply with all
applicable sections of Chanhassen City Code, the city's Surface
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 26 of 27
Water Management Plan, and the Minnesota Pollution Control
Agency.
(7) Alterations to any wetland area are prohibited during waterfowl
breeding season or fish spawning season, unless it is determined by
the city that the wetland is not used for waterfowl breeding or fish
spawning.
FINDING: The applicant and their contractor are required to
refrain from any wetland altering activity during waterfowl
breeding and fish spawning season.
(8) Alterations to wetland areas shall be mitigated in accordance with
the requirements of this article if the activity results in a loss of
wetland area and/or function and value of the wetland.
FINDING: The applicant has submitted a replacement plan as
part of the Joint Notification Application for Wetland Replacement
which was received on February 25, 2014. The applicant is
proposing to replace the impacted area using wetland bank credits.
The required replacement ratio is 2:1. This is consistent with
Chapter 8420.0522. of the Wetland Conservation Act (WCA)
Rules, and City Code, Chapter 20, Article VI.
(9) Dedicated buffers in accordance with sections 20-411.
FINDING: The applicant must comply with the City's Wetland
Protection Ordinance.
In order to accommodate the reconstruction, the plan proposes impacts to seven wetlands, as well
as Bluff Creek and the Minnesota River Floodplain area, totaling 4.96 acres of permanent
wetland impact. The applicant, Carver County, is proposing to replace the permanently impacted
area resulting from safety -related roadway improvements (4.88 acres) using wetland bank credits
from the Board of Water and Soil Resources (BWSR) roadway replacement bank, and the
impacted area resulting from non -safety -related impacts (.08 acres) using credits from wetland
bank #1175. In both cases the requirement calls for a 2:1 replacement ratio. This is consistent
with Chapter 8420.0522. of the Wetland Conservation Act (WCA) Rules.
The applicant must receive the City's approval of a wetland replacement plan prior to any
wetland impact occurring.
Staff recommends that the Planning Commission adopt the following motion:
Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project Wetland
Alteration Permit
Planning Case #2014-10
March 18, 2014
Page 27 of 27
"The Chanhassen Planning Commission recommends that City Council approve Wetland
Alteration Permit #2014-10 and WCA Permit Number 2014-01 to impact 4.96 acres of
wetland and the replacement plan under MN Rules Chapter 8420 which utilizes the purchase
of .16 acres of wetland credit from bank #1175 and 9.76 acres from the BWSR Road
Replacement Program for the purpose of the proposed Highway 101 Minnesota River
Crossing and CSAH 61 Improvements Project; and authorize the Water Resources
Coordinator to sign the joint notification application for approval of wetland replacement as
shown in plans dated December 20, 2013 subject to the following conditions:
Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420). The applicant shall receive the City's approval of a wetland
replacement plan prior to any wetland impact occurring.
2. Wetland buffer areas shall be preserved, maintained, and/or created around all existing
wetlands in compliance with Sections 20-401— 20-421 of Chanhassen City Code.
3. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, e.g.
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources,
Minnesota Department of Transportation, Minnesota Board of Soil and Water Resources and
Army Corps of Engineers and comply with their conditions of approval.
4. The applicant must submit a Bill of Sale for Wetland Banking Credits to the Minnesota Board
of Water and Soil Resources signed by both the buyer and seller of designated wetland
credits.
The applicant must obtain, and the city must have received copy of, an Application for
Withdrawal of Wetland Credits from the Minnesota Wetland Bank signed and approved by
the Minnesota Board of Water and Soil Resources prior to any wetland impacts.
6. A signed Landowner Statement and Contractor Responsibility form shall be provided to city
prior to commencement of activity.
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Joint Notification Application for Wetland Replacement, Attachments and Supplements.
4. Public Hearing Notice.
GAPLAM2014 Planning Cam\2014-05 Lyman Boulevard WAP
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. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name: Lyndon Robjent, P.E., Carver County Engineer/Public Works Director Contact
Address: 11360 Highway 212, Suite 1 Phone: (952) 466-5200
City/State/Zip: Cologne, MN 55322 Cell:
Email: Irobjent@co.carver.mn.us Fax: (952) 466-5223
i
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: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: 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:
Address:
Contact:
Phone:
City/State/Zip: Cell:
Email: Fax:
Section 4: Notification Information
Who should receive copies of staff reports?
'Other Contact Information:
❑
Property Owner Via:
❑ Email
❑ Mailed Paper Copy Name:
❑�
Applicant Via:
0 Email
❑ Mailed Paper Copy Address:
❑
Engineer Via:
❑ Email
❑ Mailed Paper Copy City/State/Zip:
❑
Other' Via:
❑ Email
❑ Mailed Paper Copy Email:
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 OFCgANHASSEN
APPLICATION FOR DEVELOPMENT REVIEW
Date Filed: . 14 Z0160-Day Review Deadline: ACLU- 15, 20 Planner:
❑
Comprehensive Plan Amendment .........................
$600
❑
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:
❑ Notification Sign ................................................... $200
(City to install and remove)
❑ Property Owners' List within 500......... $3 per address
(City to generate — fee determined at pre -application meeting)
❑ Escrow for Recording Documents.. $50 per document
(CUP/SPRNACNAR/WAP/Metes & Bounds Subdivision)
❑ Subdivision
Case #: PC,4, 2014 -1
❑ 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 appropnate Application Checklist for required submittal
information that must accompany this application)
TOTAL FEES: $ ' CPOL)
Received from:
Date Received: Check Number:
Project Name: Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project
Property Address or Location: wr,mMelov61Wye'iMersecwanenvw�ninga,mmeCSAHslwma«no BWKCrekDmema5ofmtewtofmaT.H.tolrelnt ow.
Parcel #:
Legal Description:
Total Acreage :4.96(proposed impact) Wetlands Present?
Present Zoning: Agricultural Estate (A2), and Fringe District (BF).
Present Land Use Designation: 11M'M1'M-D. Re.a.Muni. N. ao
® Yes ❑ No
Requested Zoning: No change.
Requested Land Use Designation: No change.
Existing Use of Property: Transportation
Description of Proposal:
❑ Check box if separate narrative is attached
January 29, 2014
Ms. Melissa Jenny
Army Corps of Engineers
St. Paul District Office
180 5th Street East, Suite 700
St. Paul, Minnesota 55101-1678
Dear Ms. Jenny:
RE: Southwest Reconnection Project
CSAH 61 and Highway 101
Reconstruction
SEH No. CARVR 119938 14.00
On behalf of Carver County, please find the enclosed application for the Southwest Reconnection Project,
which proposes to reconstruct CSAH 61 and the Highway 101 crossing of the Minnesota River. The
project is located primarily within the City of Chanhassen, Carver County, although the southern end is
within the City of Shakopee and Scott County. Carver County Public Works is the project proposer, and
is accepting the Highway 101 as a turn -back from the Minnesota Department of Transportation.
The project will impact 4.18 acres of wetland, and 0.68 acres of Public Waters associated with the
relocation of Bluff Creek, and for placement of bridge piers into Rice Lake and Minnesota River
floodplain. Total impacts for discharge and excavation into waters or wetland is 4.96 acres. The project
proposes to bridge Highway 101, which will allow for the removal of the existing causeway, and the
restoration of 9.82 acres of wetland on -site.
Mitigation is proposed through the Board of Water and Soil Resources transportation bank, as the project
is driven by safety and to meet state aid standards. A small amount of impact related to a pedestrian trail
will be replaced through purchase of wetland credits from a private bank.
Construction is proposed to start in the spring of 2014. This letter is a request for a Letter of Permission
from the USACE, a Public Waters Works Permit from the MNDNR, and approval of replacement plan for
the Wetland Conservation Act.
Thanks for your review and support of this project,
��Ob� T�
CITY OF CHANHASSEN
RHCEOVE®
Rebecca Beduhn
Staff Biologist FER `_' ^ M4
ara
Enclosure ENG{NEERING DEPT.
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January 29, 2014
Page 2
Lyndon Robjent, Carver County
Kristin Larson, Carver County
Terrence Jeffery, City of Chanhassen
Katherine Heinz, MNDOT
Sarma Straumanis, MNDOT
Molly Kline, MNDOT
Peter Leete, MNDOT
Bruce Loney, City of Shakopee
Mitch Rasmussen, Scott County
John Gleason, MNDNR
Melissa Doperalski, MNDNR
Ken Powell, BSWR
Lynda Peterson, BWSR
Greg Graczyk, Carver Soil and Water Conservation District
Len Kramer, Barr Engineering
Linda Loomis, Naiad Consulting, LLC
Application
Carver County Public Works
Carver County,
January 2014
Wetland Permit Application
Southwest Reconnection Project: Highway 61/101 Flood Mitigation
Carver and Scott Counties
Cities of Chanhassen and Shakopee, Minnesota
SEH No. CARVR 119938
January 2014
I hereby certify that this wetland permit application was prepared by me, and the
procedures and field methods used constitute an official wetland delineation in
accordance with the 1987 U.S. Army Corps of Engineers Wetlands Delineation
Manual.
Name: Rebecca Beduhn
Certified Wetland Delineator -IT, No. 5109
Professional Soil Scientist -IT, No. 144868
�4t
Reviewed by:
Certified Wetland Delineator, No. 1009
Short Elliott Hendrickson Inc.
3535 Vadnais Center Drive
St. Paul, MN 55110-5196
651.490.2000
This Page Left Blank Intentionally
Table of Contents
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Minnesota WCA Application for Certificate of No Loss or Exemption
Department of Natural Resources Water Permit Application Fees Form
Certification Page
Table of Contents
Page
1.0
Summary ....................................................................................................................1
1.1.1 Project Description..................................................................................1
1.1.2 Purpose and Need Statement.................................................................1
1.1.3 Wetland Impacts......................................................................................1
1.1.4 Wetland Creation....................................................................................1
1.1.5 Wetland Mitigation — Roadway Safety Improvements .............................2
1.1.6 Wetland Mitigation — Trail Impacts..........................................................2
2.0
Introduction................................................................................................................2
2.1 Contact Information.............................................................................................3
2.2 Project Location..................................................................................................3
3.0
Purpose and Need.....................................................................................................4
4.0
Project Description....................................................................................................4
4.1 Highway 101 Bridge Replacement......................................................................4
4.2 CSAH 61 Improvements.....................................................................................5
4.3 Bluff Creek Realignment.....................................................................................5
4.4 Pedestrian Trail...................................................................................................5
4.5 Storm Water Treatment......................................................................................6
4.6 Project Costs.......................................................................................................6
4.7 Existing Conditions.............................................................................................6
4.7.1 Safety......................................................................................................7
4.7.2 Flood Events...........................................................................................7
4.7.3 Construction Methods.............................................................................8
4.7.4 Mobility....................................................................................................9
5.0
Wetlands.....................................................................................................................9
5.1.1 Wetland Delineations..............................................................................9
5.2 Results..............................................................................................................10
5.2.1 Bluff Creek............................................................................................10
5.2.2 Minnesota River Floodplain...................................................................11
6.0
Sequencing..............................................................................................................11
6.1 Project Alternatives, Avoidance, and Minimization...........................................11
6.1.1 No -build Altemative...............................................................................11
6.1.2 CSAH 61 Alternative 1 — Design and Location Alternatives..................11
6.1.3 Highway 101 Alternative 2 — Design and Location Alternatives ............
12
6.1.4 Alternative 3 — Preferred Alternative.....................................................12
6.1.5 Summary of avoidance and minimization..............................................13
SEH is a mustered trademark of Short Elliott Hendrickson Inc. _
Wetland Permit Application CARVR 119938
Carver County Page i
Table of Contents (Continued)
7.0 Wetland Impacts.........................................................
7.1 Bluff Creek Impacts ..............................................
7.2 Pedestrian Trail Impacts ......................................
7.1 Wetland Re-establishment ...................................
8.0 Wetland Replacement Plan ........................................
8.1.1 BWSR Road Program ..............................
8.1.2 Wetland Banking ......................................
9.0 Permitting and Regulatory Jurisdiction ...................
9.1 U.S. Army Corps of Engineers .............................
9.2 Wetland Conservation Act — City of Chanhassen
9.3 Minnesota Department of Natural Resources......
10.0 Supplemental Information .........................................
10.1 U.S. Fish and Wildlife and MNDNR Property.......
10.2 State Threatened and Endangered Species........
10.3 Storm Water Treatment .......................................
10.4 Archeological Resources .....................................
List of Figures
Figure 1 — Site Location and Topographic Map
Figure 2 — Aerial Photograph (2012)
Figure 3 — MNDNR Public Waters Inventory
Figure 4 — National Wetlands Inventory
Figure 5 — Soil Survey for Carver and Scott Counties
Figure 6a- Wetland Delineation Results — North
Figure 61b- Wetland Delineation Results — South
List of Appendices
Appendix A - Project Plan Sheets
Appendix B - Wetland Delineation Report
Appendix C - TH 101 "Wye" Feasibility Study
Appendix D - Combined Wetland Application Forms
Appendix E - Wetland Banking Forms
a:`ae`s¢arvN I L"38'avimmnrnW u e11�, ed-dp iIappliranon A 101 � 61 wn1aMp ,tappliunondou
Wetland Permit Application
Carver County
13
13
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16
16
16
17
17
17
18
18
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119938
Page ii
January 2014
Wetland Permit Application
Southwest Reconnection Project: Highway 61/101 Flood
Mitigation
Prepared for Carver County Public Works
1.0 Summary
1.1.1 Project Description
The proposed Southwest Reconnection Project, located in the cities of Chanhassen and
Shakopee Minnesota, will construct a new 4,226-foot long four -lane bridge over the
Minnesota River floodplain area and will include roadway safety and capacity
improvements to Carver County State Aid Highway 61 (also known as Flying Cloud
Drive) from approximately 475 feet west of Bluff Creek Drive to approximately 350
feet east of the Highway 61/101 "Wye" intersection. The total length of improvements
along Highway 101 and Flying Cloud Drive is approximately 4,860 feet and 3,660-
feet, respectively.
1.1.2 Purpose and Need Statement
Highway 101 and CSAH 61 have safety and operational needs associated with the
roadways having to close during periods of flooding, whereby requiring traffic to find
alternative routes to cross the Minnesota River. There are also short- and long-term
capacity deficiencies with the growing travel demand along these corridors. Both
Highway 101 and CSAH 61 are currently experiencing peak hour traffic delays as the
traffic volumes are approaching or exceeding the capacities of these two-lane
roadways
1.1.3 Wetland Impacts
The project will impacts a total of 4.96 acres of wetland. This consists of 0.21 acres
for the new 101 crossing, and 3.76 acres of fill, 0.52 acres of excavation, and 0.47
acres for Bluff Creek realignment for the new round about and improvements to
TH61. Of these impacts, 3,593 sf (0.08 acre) are uniquely associated with a pedestrian
trail. Trail impacts are minimal, as they occur within the areas of proposed soils
correction.
1.1.4 Wetland Creation
Construction of the new bridge will allow for the removal of the existing causeway
(fill material) from the Minnesota River 100-year floodplain area. The removal of the
existing Highway 101 causeway across the Minnesota River floodplain area will have
a positive effect by allowing restoration of natural wetland/floodplain habitat to re-
119938
Page 1
establish. Approximately 427,983 fl(9.82 acres) are anticipated to re-establish natural
wetland/floodplain habitat through the removal of the exiting causeway.
The removal of the causeway cannot be used as part of the replacement plan, as it will
be part of the roadway right-of-way, and it is not feasible or prudent to place that area
under the required conservation easements. The restoration of this area is a significant
ecological improvement, and it is requested that it be considered in the overall
decision making
1.1.5 Wetland Mitigation — Roadway Safety Improvements
Wetland mitigation for this project is proposed through the Board of Water and Soil
Resources (BWSR) as this project is a safety improvement. TH101 has been subject
to frequent flooding and road closures. TH61 has had numerous accidents due to the
placement if multiple intersections in close proximity, and traffic volumes that exceed
the design requirements. Replacement of multiple intersections provides a safety
improvement, and will secondarily achieve improved traffic movement.
Wetland impacts associated with the roadway, bridge construction, storm water ponds,
and relocation of Bluff Creek are 4.88 acres. It is proposed to utilize the BWSR
roadway program, which would withdraw 9.76 acres to meet a 2:1 replacement ratio.
1.1.6 Wetland Mitigation — TrailImpacts
The proposed pedestrian trail will impact 0.08 acre of wetland. The trail is not a
safety improvement, and cannot utilize the BWSR roadway program. It is proposed to
withdraw 0.16 acres of wetland credit from the German Settlement bank, which is
within the same Bank Service Area, and therefore allows for replacement at a 2:1
ratio.
2.0 Introduction
This wetland permit application has been prepared to describe the proposed
construction of a new four -lane bridge spanning the Minnesota River floodplain area
between the existing Trunk Highway 101 Minnesota River Bridge in Shakopee,
Minnesota and County State Aid Highway (CSAH) 61/Flying Cloud Drive in
Chanhassen, Minnesota. For safety improvements, the Hwy 101/ County Hwy 61
"wye" intersection will be reconstructed as a roundabout to accommodate the new
Hwy 101 bridge. A pedestrian/bicycle trail will also be constructed along the north
side of CSAH 61.
The demonstration of wetland impact avoidance and minimization in this application
follows the sequencing process of the Minnesota Wetland Conservation Act (WCA) of
1991 and the federal Clean Water Act. These procedures require that projects that may
result in the draining or filling of wetland habitat should demonstrate avoidance and
minimization of such impacts. Wetland impacts that cannot be feasibly avoided or
minimized must be replaced by compensatory mitigation.
The proposed project will result in permanent impacts to wetland habitat for the
construction of the interchange at the Hwy 101/ County Hwy 61 and the construction
of the new four -lane bridge .This permit application is requesting:
1. Letter of Permission under Section 404 of the Clean Water Act, as administered
by the United States Army Corps of Engineers (USACE)
Wetland Permit Application CARVR 119938
Carver County Page 2
2. Water Quality Certification under Section 401 of the Clean Water Act, as
administered by the Minnesota Pollution Control Agency (MPCA) — Waived for
LOP projects.
3. Minnesota Department of Natural Resources (MNDNR) Public Waters Works
Permit
4. Approval of a wetland replacement plan under the Minnesota Wetland
Conservation Act (WCA)
An Environmental Assessment was completed, and was administered by the Federal
Highway Administration (FHA). A Finding of No Significant Impact (FONSI) was
issued by the FHA in September 2013.
The following information will discuss the project purpose and need, sequencing,
impacts, and proposed mitigation for the permanent and temporary loss of wetland
functions and values.
2.1 Contact Information
The following is a summary of the contacts for this project.
Table 1: Summary of Project Proposer, Agent, and Contact Information
protr
Carver County
Short Elliott
Y
Hendrickson
Contact
Lyndon Robjent, P.E.
Contact
Rebecca Beduhn
Person
Person
Title
Public Works Director/
Title
Wetland Biologist
County Engineer
Address
11360 Highway 212, Suite 1
Address
3535 Vadnais Center
Dr.
City, state,
Cologne, MN 55322
City, state,
St. Paul, MN 55110
ZIP
ZIP
Phone
(952)466-5200
Phone
651-490-2146
Fax
(952)466-5223
Fax
651-490-2150
E-mail
Irobjent@co.carver.mn.us
E-mail
rbeduhn@sehinc.com
2.2 Project Location
The project site is located in the eastern %2 of Section 35 and the western '/2 of Section
36 in Township 116 North, Range 23 West in Cities of Chanhassen and Shakopee,
Carver County, MN; and the northern %2 of Section 1 in Township 115 North, Range
23 West in Shakopee, Scott County, MN as shown on Figure 1, and summarized in
Table 2. The area of investigation is approximately a I mile along TH 101 at the
intersections of TH101 and CSAH 61. The project area is detailed in Figure 2, and
summarized below.
Wetland Permit Application CARVR 119938
Carver County Page 3
Table 2: Summary of Project Location
County
City
Township
Range
Sections
Carver County
Scott County
City of Chanhassen
City of Shakopee
T116N
T115N
R23W
R23W
35 and 36
1
The current land use adjacent to the project is a mix of open space (U.S. Fish and
Wildlife Service Minnesota River Valley National Wildlife Refuge and the Minnesota
Department of Natural Resources Raguet Wildlife Management Area, low density
residential, light industrial and commercial developments.
3.0 Purpose and Need
The purpose of the project is to ensure Highway 101 and CSAH 61 remain open to
traffic during 100-year flood events, while also ensuring the transportation
improvements do not cause an increase in the 100-year floodplain elevation. The
project purpose also includes improving safety and mobility throughout the project
area by reducing intersections and adding capacity to both Highway 101 and CSAH
61 (Flying Cloud Drive).
4.0 Project Description
4.1 Highway 101 Bridge Replacement
The new bridge across the Minnesota River floodplain area, particularly over Public
Waters 10-221 W and 27-132P (Rice Lake), is proposed to be constructed immediately
southwest of the existing roadway, which is built upon an elevated causeway.
The bridge will be approximately 4,226-feet long and 78.5-feet wide, and be
composed of 41 bridge sections, spaced every 105 feet. Forty piers and two abutments
will be needed to support the bridge sections. Thirty seven of these will be within all
or partially within wetland, and will consist of between Band 11 bent piles with a
concrete cap to support the bridge sections. Some of the bent pile are within upland at
the bridge ends, or contain some bent pile within the existing causeway. In total, there
are 374 bent piles proposed to be within wetland, and each has been estimated to have
25 square feet of wetland impact.
The new four -lane bridge will accommodate two 12-foot driving lanes in each
direction with 8-foot outside shoulders. The new bridge will elevate the roadway
approximately 3 feet to 22 feet above the existing roadway, which will raise the
roadway above of the 100-year flood elevation and consequently minimize road
closures from flooding without increasing the 100-year flood elevation. It is
anticipated that pile driving and pier placement construction would begin during
summer of 2014.
Construction of the new bridge will allow for the removal of the existing causeway
(fill material) from the Minnesota River 100-year floodplain area. The causeway will
be removed to the elevation of approximately 700 feet above mean sea level (1929
NGVD), approximately 11-14 feet below the elevation of the existing roadway
surface. This will reduce the frequency and duration of roadway closures and restore
natural flows to the river under high water/flood conditions. Upon removal, some of
the old Highway 101 roadway material may be placed on a commercial property (Golf
Wetland Permit Application CARVR 119938
Carver County Page 4
Zone driving range) located along CSAH 61, but outside of wetland. Any material
removed off site will also be disposed of in an upland location.
4.2 CSAH 61 Improvements
Roadway and intersection safety improvements are proposed along Carver CSAH 61
(Flying Cloud Drive). The CSAH 61/Flying Cloud Drive roadway improvements
include adding a four -lane roadway section between the Highway 101 "Wye"
intersection on the east and Bluff Creek Road on the west. Two new roundabout
intersections are proposed at the Highway 101 "Wye" and Bluff Creek Drive
intersections, which will replace the current lighted intersections. The roundabouts
contain dedicated lanes for traffic that os passing through, and that is turning, to
reduce the amount of shared time with vehicles within the roundabout. The CSAH
61/Flying Cloud Drive improvements will maintain a traffic signal at the Highway 101
(American Boulevard)/Flying Cloud Drive intersection.
Muck soils are abundant in the project area, and soils corrections are required. These
corrections have expanded the project limits beyond what would be required for
construction in more stable soil types.
4.3 Bluff Creek Realignment
Bluff Creek currently passes under CSAH 61 (Flying Cloud Drive) and Highway 101
via twin box culverts. The proposed project includes replacement of the twin box
culverts under CSAH 61 (Flying Cloud Drive) and removal of four culverts under
Highway 101. These will be replaced with new bridge on CSAH 61, and by spanning
Bluff Creek with a bridge under Highway 101. In order to accommodate the new
roundabout, and align the creek to by crossed with the new 101 bridge, the creek
channel is proposed to be modified. He total length of Bluff Creek is proposed to be
extended from the current length of 421 linear feet between the box culverts on
CSAH 61 to the culverts under Highway 101, to a new channel length of 529 linear
feet. The realigned section of Bluff Creek will benefit from replacing culverts with
bridges, will be longer in total length, and will have more meanders than it currently
does.
4.4 Pedestrian Trail
The project also features pedestrian/bicycle trail improvements including a 10-foot
off -road trail located on the southwest side of the proposed river/floodplain bridge.
The trail corridor is proposed to cross under CSAH 61 (Flying Cloud Drive) in a
shared bridge crossing with Bluff Creek. In addition, an 8-foot off -road trail will
extend east along the north side of CSAH 61 (Flying Cloud Drive) to the eastern
project termini, which will connect to a future trail corridor in Hennepin County. The
proposed off -road trail will also extend west to Bluff Creek Drive where the trail will
run along the shoulder of Bluff Creek Drive until it connects with the Minnesota River
Valley LRT Trail, located approximately 0.25 miles north of CSAH 61 (Flying Cloud
Drive).
The trail will result in some wetland impacts on the north side of the 61/101
roundabout. Total impacts unique to the trail are 3,593 square feet. This is a small
number because the majority of the trail is located within areas that have had soils
correction for the roadway, and are already quantified within the roadway impacts.
Wetland Permit Application CARVR 119938
Carver County Page 6
The bridge crossing on CSAH 61 over bluff Creek will accommodate the trail and
have no additional impacts.
4.5 Storm Water Treatment
Four drainage and water quality features are proposed within the project area to
collect, convey, and/or treat surface water runoff. These features include drainage
ditches, grass swales, infiltration ponds, and wet detention ponds. These features are
being designed to meet local and state water quality standards.
The west pond has been placed primarily within an area of upland, but will require
excavation of wetland in order to get the required amount of treatment. The northeast
pond, which is associated with the roundabout, has the greatest wetland impact, but is
also providing the majority of treatment, and is utilizing the existing park and ride lot
to reduce wetland impacts. The remaining storm water features (bridge pond and
south pond) are placed entirely within upland, and will have no impacts.
4.6 Project Costs
Estimated Total Project Cost - $60,300,000 (includes construction, right-of-way, and
engineering). No federal funds are proposed for use on this project.
Project Funding
MnDOT Flood Mitigation Program:
$20,000,000
Local Road Improvement Program (LRIP):
$9,000,000
MnDOT Construction Engineering
$8,200,000
County Tumback Funds:
$12,400,000
Carver County:
$7,500,000
Scott County:
$2,300,000
City of Chanhassen:
$900,000
TOTAL
$60,300,000
4.7 Existing Conditions
Currently, TH 101 is a 2-lane undivided highway over the Minnesota River and up to
CSAH 18 (Lyman Boulevard). The south end of TH 101 over the river ends at the
intersection of Scott CR 69/CR 101. The north side of the river crossing ends at Flying
Cloud Drive through a "wye" intersection, which diverts traffic into eastbound and
westbound directions through two controlled intersections. The designated TH 101
jogs westerly on Flying Cloud before TH 101 continues up the bluff into Chanhassen.
CSAH 61 (Flying Cloud Drive) is a 2-lane undivided roadway in the study area with
turn lanes at four signalized intersections. The existing road runs westerly from the
project area through downtown Chaska and easterly through Eden Prairie before
ending at US 212.
The current configuration of the interchange with CSAH 61 and Highway 101 is
divided into a "wye", which diverts east and west bound traffic to two intersections.
This increases the opportunities for accidents, and poorly manages the existing levels
of traffic volumes on these roadways.
Wetland Permit Application CARVR 119938
Carver County Page 6
4.7.1 Safety
Currently, the project area contains six (6) separate intersections. The signaled
intersection at 101 and 61, where 101 turns north into Chanhassen as Great Plaines
Blvd, will be reconstructed to have two thru lanes and dedicated turn lanes. The two
intersections with east and west bound CSAH 61 and Highway 101 will be replaced
by a single roundabout. The unsignaled intersection of Bluff Creek Dr. and Flying
Cloud Dr. will be replaced with a single -land roundabout.
Roundabouts were selected for the intersection because roundabouts are safer than
traffic signals and stop signs for both motor vehicles and pedestrians. Crash data from
January 1', 2009 through December 31", 2012 were obtained from MnDOT's
Minnesota Crash Mapping Analysis Tool (MnCMAT). A total of 38 crashes occurred
in this time frame, none of which were fatal. According to MnDOT, installation of a
roundabout will reduce crashes by approximately a 39 percent. This is due to slower
speeds, and the angle of collision impact.
4.7.2 Flood Events
The Highway 101 Minnesota River crossing serves as an important component of the
state and regional transportation system by providing an essential traffic link across
the river for three counties; Carver, Hennepin and Scott Counties, as well as the
surrounding cities. The Highway 101 Minnesota River crossing is located below the
100-year flood elevation of the river.
Typically when there is flooding in the Minnesota River Valley both Highway 101
and nearby TH 41 are forced to close. The remaining open river crossings are US
Highway 169 and TH 25, located nearly 25 miles apart. During these seasonal flood
events, the detoured traffic adds a tremendous strain on the area's regional
transportation system when Highway 101 and TH 41 river crossings are closed.
Three major flooding events between the spring of 2010 and the spring of 2011 closed
both the Highway 101 and Highway 41 river crossings for several weeks, which
prompted MnDOT to complete the Minnesota River Flood Mitigation Study in
September 2011. The Minnesota River Flood Mitigation Study calculated the daily
combined cost of both highway closures by applying the value of additional time and
miles traveled using the Metropolitan Council's 2030 Regional Travel Demand
Model. The resulting cost was $670,000 per day in the year 2009, and is forecasted to
be $1,670,000 per day in year 2030. Using the study results, MnDOT was successful
in securing Flood Mitigation funding for the Highway 101 crossing of the Minnesota
River floodplain area.
Table 3: Days Highway 101 Crossing Was Closed During Flood Events (1965-2011)
FloodingD.
Spring 2011
ys Closed
43
Fall 2010
16
Spring 2010
27
Spring 2001
29
Spring 1997
18
Wetland Permit Application CARVR 119938
Carver County Page 7
Summer 1993
27
Spring 1969
17
Spring 1965
15
• Table Note: Data extracted from the 2010 Minnesota River Flood Mitigation Study. The study noted data
from the following: Data for 2010 and 2011 was provided by MnDOT. Data for 1993, 1997 and 2001 were
obtained from the Trunk Highway 41 Draft Environmental Impact Statement, Data for 1965-1969 were
estimates from historic hydrograph plots and assuming the road is closed for three days beyond the date
when the water level dropped below the closure elevation to conduct maintenance and restoration work.
Highway 101 currently closes when flood waters reach an elevation of approximately
two feet below the low road elevation at the crossing, which requires closure at 709.4
feet. Table 1 below shows the surface elevations for the 10-year, 50-year, 100-year
and 500-year flood events. As shown in the table, even a 10-year flood event can
require closure of Highway 101. Exhibit 1 on the following page was taken from the
Minnesota River Flood Mitigation Study. The exhibit illustrates Minnesota River flood
events and the corresponding water elevations in relation to the current closure
elevation set by MnDOT.
Table 4: Existing T9 101 Flood Elevations, and associated Graph Showing the Frequency
of Overtopping Events.
Hydraulic Event I
10-Year Flood
Water Surface Elevation (ft, NGVD 29)
712.0
50-Year Flood
718.4
100-Year Flood
720.7
500-Year Flood
726.0
4.7.3 Construction Methods
The proposed project is anticipated to be constructed over two construction seasons
(summer 2014 through fall 2015). Maintaining travel during construction is proposed
to the extent practical. Temporary closures will be required for the various roadways
in the study area as certain stages of the project improvements are being constructed.
A preliminary construction staging plan has been developed that allows traffic across
the Minnesota River floodplain area throughout the duration of construction. Traffic
would continue to use the existing roadway while the new four -lane bridge is
constructed immediately west of the existing roadway. The causeway (existing land
bridge) will be removed to the elevation of approximately 700 feet above mean sea
Wetland Permit Application CARVR 119
Pagee 8
8
Carver County
level, which is approximately 11-14 feet below the elevation of the existing road
surface.
The proposed improvements along Carver County Road 61/Flying Cloud Drive and
the Highway 1010 Bridge will be staged in order to maintain traffic during
construction to the greatest extent possible. Due to poor/muck soils found under the
existing road, the reconstruction of County Road 61 will require the removal of these
poor soils and replacement with a select granular sub -base material. The depth of
excavation for purposes of correcting the soil material ranges from only a few feet to
over twenty feet.
The anticipated construction technique for the bridge across the floodplain area will
consist of placing prefabricated beams on already constructed piers and abutments.
Once the beams are placed, then the remaining operations of forming and pouring the
bridge deck curb and gutter, and barriers can be completed.
The portion of the project that consists of constructing new roadway will consist of
placing and compacting material for new roadway and embankments. It is anticipated
that the material excavated on the project will be re -used for overlay, aggregate or
embankment purposes where appropriate and in accordance with best management
practices established in MnDOT's Standard Specifications for Construction.
4.7.4 Mobility
The 2010 Average Annual Daily Traffic (AADT) along the Highway 101 crossing and
Trunk Highway 41 crossing was approximately 19,000 and 17,000 respectively.
Traffic operations data indicates that two-lane roadways begin to experience
noticeable problems once they exceed 10,500 — 12,000 vehicles per day. Design
standards suggest that 4-lane roadways would be required based on existing traffic
counts.
5.0 Wetlands
5.1.1 Wetland Delineations
Prior to visiting the project area, resources were consulted to map potential wetlands
(Level l Delineation). Resources used to estimate wetlands for the level 1
Delineations include: National Wetlands Inventory (NWI) mapping, DNR Public
Water inventory (PWI) mapping, County Soil Survey mapping, DNR Minnesota Land
Cover Classification System (MLCCS) mapping, Floodplain Mapping, USGS
Topographic Mapping, MnDOT Video Road Log, and Current and Historical Aerial
Photography.
These sources identify wetland areas that were investigated in greater detail during the
field delineation. A field visit was conducted to verify all level l delineations on the
MnDOT and Carver County Right -of -Way.
The project site was examined conducted in August 2012, and June of 2013 for areas
meeting the technical wetland criteria in accordance with the U.S. Army Corps of
Engineers Wetland Delineation Manual (USACE 1987) and the Regional Supplement
to the Corps of Engineers Wetland Delineation Manual: Midwest Region (USACE
2010).
Wetland Permit Application CARVR 119938
Carver County Page 9
5.2 Results
Thirteen (23) wetlands were delineated within the project site by MnDOT and SEH as
reported in the wetland delineation report, and as summarized in Table 1. These
wetlands delineated by MnDOT are labeled with a "D" prefix, while those completed
by SEH start with an "S."
More detailed information on the wetland delineation is available in the Wetland
Delineation Report.
Table 5: Wetland Characteristics
Basin
ID
Cowardio
Classification
Circular 39
Classification
Eggers & Reed Classification
S 1
PEMB
Type2
Fresh (wet) Meadow
S2
PEMB/PEMA
Type2/ Type 6
Fresh (wet) Meadow/ Floodplain Forest
S3
PEMC
Type 3
Shallow Marsh
S4
PEMB
Type 3
Shallow Marsh associated with Bluff
Creek
S5
PEMB
Type2
Fresh (wet) Meadow
S6
PEMC
Type 3
Shallow Marsh
S7
PEMB
Type2
Fresh (wet) Meadow
S8
PEMC
Type 3
Shallow Marsh
S9
PEMB
Type2
Fresh (wet) Meadow
S 10
PEMB
Type2
Fresh (wet) Meadow
DI
PEMB
Type2
Fresh (wet) Meadow
D2
PFOIA
Type I
Floodplain Forest
D3
PUBH
Type 5
Shallow Open Water
D4
PEMF
Type 4
Deep Marsh
D5
PUBH
Type 5
Shallow Open Water
D6
PSSIA
Type
Shrub Swamp
D7
PEMB
Type 2
Sedge Meadow
D8
PEMC
Type 3
Shallow Marsh
D9
PFOIA
Type IL
Floodplain Forest
D10
PEMC
Type 3
Shallow Marsh
Dl1
PFOIA
Type I
Floodplain Forest
D12
PEMC
Type 3
Shallow Marsh
D13
PEMC
Type 3
Shallow Marsh
5.2.1 Bluff Creek
Bluff Creek is located within the project area, and flows from north to south along
Wetland S4, and the west side of Wetland S7. North of CSAH 61 Bluff Creek is
composed of a defined channel, with gabion walls on the west bank. The channel
north of the project area is located through a heavily wooded area with a closed
canopy. The channel bottom is composed of cobble and gravel. Bluff Creek passes
through a two -barrel box culverts, of which the eastern barrel is buried with sand and
is vegetated and is no longer used to convey flows outside of flood conditions. Soutt
of CSAH 61 the channel is more natural with riffles and pools and gentle meanders.
Wetland Permit Application CARVR 119938
Carver County Page 10
Bluff Creek passes through additional culverts under the eastern lane of Highway 101
and into the Minnesota River floodplain, where it has scoured and has regular
maintenance concerns.
5.2.2 Minnesota River Floodplain
The Highway 101 crossing goes through extensive wetlands and floodplain associated
with the Minnesota River. This includes areas of shallow marsh, shallow open water,
wet meadow, and wooded floodplain. For the project area, the wetland is along the
toe of slope of the existing causeway crossing. A few areas have wider cross sections,
but the causeway is entirely composed of fill material.
6.0 Sequencing
6.1 Project Alternatives, Avoidance, and Minimization
Within the project purpose and need, design alternatives that would avoid and
minimize impacts were considered. Minimizing wetland impacts for the project
remains difficult due to the location of the wetlands adjacent to the roadways. Design
measures such as changes to the roadway profile, steeper slopes and minimized clear
zones have been implemented to help reduce the impact to the wetland.
Several alternatives were investigated (Appendix D- TH 101 "Wye" Feasibility
Study). These alternatives were primarily disregarded due to engineering issues, as the
majority of them impacted approximately the same amount of wetland.
6.1.1 No -build Alternative
The No -Build Alternate would involve no improvements being made and retains the
existing configuration of intersections within the project area. The No -Build Alternate
does not preclude ongoing maintenance work. The No -Build Alternate provides the
basis of comparison, or benchmark, for the Build Alternative and includes the impacts
associated with doing nothing.
The No -Build Alternative was not identified as the preferred alternative because it
fails to address the project purpose and need or satisfied the project goals and
objectives listed above.
6.1.2 CSAH 61 Alternative 1— Design and Location Alternatives
Preliminary plans included the relocation of CSAH 61 to the north of the existing
alignment. This alternative would provides over 1,100 linear feet between the new
intersection and the TH 101 North intersection. This alternative would meet future
traffic demand, but included a need to grade into the bluff. These plans required
raising the elevation of the TH 101 north intersection approximately 8 feet.
Alternative 1 would have added acres of impacts to Wetlands S3, S4, S5/6 and D13,
and would reduce impacts to Wetland 1. Impacts associated with the roundabout
would be unchanged, as the route would continue to go through Wetland Dl 1.
Alternative locations of the roundabout were also considered, but any adjustment from
the proposed location would result in additional impacts to wetlands D6 and D9
(Minnesota River, as opposed to depressional wetland). The loss of wetland Dl 1 is
the greatest impact on the project, but the adjustment to Knowing that impacts to
Wetland DI 1 were unavoidable, it was determined to concentrate the impacts to one
Wetland Permit Application
Carver County CARVR 119938
Page 11
area, and reduce the overall quantity of impacts to other, potentially higher quality,
wetlands.
Roundabouts have a larger footprint than traditional intersections, and because of this,
a smaller footprint alternative was considered. Because of the location of the
intersection in the middle of wetland Dl 1, a traditional intersection would not reduce
impacts. This is in part due the extensive amount of souls correction involved, which
expands the construction limits past what would be considered discharge for the
roadway. Because of these factors, the roundabout was selected as it provided the
greatest safety improvement, and does not diminish the wetland impacts.
The alternatives of locating CSAH 61 further north, siting he roundabout in a different
location, and using a traditional intersection were all dismissed, as they all had greater
or no decrease in wetland impacts, required additional right of way, or had greater
cost.
6.1.3 Highway 101 Alternative 2 — Design and Location Alternatives
Highway 101 was considered for multiple construction and alignment alternatives.
Analysis of raising the causeway to a higher elevation was considered but quickly
dismissed, as it would have extensive wetland impacts, and would have caused an
increase in flood elevations. No quantify of impacts were calculated for this
alternative, but have been estimated to exceed 25 acres of wetland fill.
Alternative alignments to Highway 101 were also considered, but ultimately the
alignment that follows as close to existing would have the least amount of impact.
Construction alternatives were considered, and provided the greatest opportunity to
avoid and minimize wetland impacts. The original plans for the bridge construction
proposed to set the piers into constructed riprap islands. These islands would protect
the piers from scour and debris, but would have a considerable footprint of discharge
into wetland. Impacts from the island piers would have added between 5and 6 acres
of wetland impacts. The decision to go with unprotected bent piles, eliminate the
riprap, and reduced impacts to the Minnesota River floodplain to only 9,350 sf.
6.1.4 Alternative 3 — Preferred Alternative
The preferred Alternative includes plans for a new bridge across the Minnesota River
to replace the existing Highway 101 causeway. Construction of the new bridge will
allow for the removal of the existing causeway (fill material) from the Minnesota
River 100-year floodplain area The new bridge will elevate the roadway
approximately 3 feet to 22 feet above the existing roadway, which will raise the
roadway above of the 100-year flood elevation and consequently minimize road
closures from flooding without increasing the 100-year flood elevation. The use of
unprotected bent piers significantly reduced impacts for the bridge portion of the
project. The removal of the causeway is also a major environmental improvement by
restoring the wetland, and reconnecting areas of Minnesota River floodplain.
The CSAH 61/Flying Cloud Drive roadway improvements include adding safety
through two new roundabout intersections at the Highway 101 "Wye" and Bluff Creek
Drive intersections. The existing high traffic volumes are also addressed by adding a
four -lane roadway section between the Highway 101 "Wye" intersection on the east
and Bluff Creek Road on the west. In addition, the CSAH 61 /Flying Cloud Drive
CARVR 119938
Wetland Permit Application Page 12
Carver County
improvements include a traffic signal at the Highway 101 (American
Boulevard)/Flying Cloud Drive intersection.
6.1.5 Summary of avoidance and minimisation
Wetland impact avoidance and minimization has successfully been achieved with this
project. When the project was initially designed, before the design could be refined,
the impacts were estimated to be approximately 11.5 acres of lost wetland. By
locating CSAH 61 closer to the existing alignment, and reducing the extent of soils
corrections needed, the impact were reduced to approximately 7.5acres. The use of
bent pile piers for the new bridge fiuther reduced impacts to the current 4.96 acres. In
total, impacts have been reduced by more than 50% through design refinements.
7.0 Wetland Impacts
The proposed project will result in the permanent loss of wetland habitat. Wetland
impacts will result from the direct placement of fill material into wetland habitat, and
convert the area into non -wetland. Additional impacts are the result of excavation to
incorporate those areas into storm water treatment features. In addition to wetland, the
project proposes to realign Bluff Creek, which is a MNDNR Public Water. The
construction of the new Highway 101 bridge will also impact Public Water, consisting
of Minnesota River backwater and floodplain areas. Wetland impacts are summarized
in Table 6.
Table 6 Wetland Impacts
n
Cowardin
Classification
Circular 39
Classification
Eggers & Reed
Classification
Impact Type
Welland
Impacts
acres
PEMB
Type 2
Fresh (wet) Meadow
Fill
0.44
PEMB
Type 2
Fresh (wet) Meadow
Excavation
0.05
PEMB
Type 2
Fresh (wet) Meadow
Fill
0.44
PEMC
Type 3
Shallow Marsh
Fill
0.21
it
PEMB
Type 2
Fresh (wet) Meadow
Fill
0.66
PEMC
Type 3
Shallow Marsh
Fill
0.01
PEMC
Type 3
Shallow Marsh
Excavation
0.01
PEMB/PEMC
Type 2/3
Fresh (wet) Meadow,
Shallow Marsh
Fill
1.99
PEMB
Type 2
Fresh (wet) Meadow
Excavation
0.47
eek
PEMB
Type 2
Fresh (wet) Meadow
Realignment
0.47
River
PEMC
Type 3
Shallow Marsh
Bent Piers
0.21
Total Impacts
4.% acres
7.1 Bluff Creek Impacts
As part of the proposed action, the culverts under CSAH 61 and under TH 101 will be
removed and replaced with bridges. A new 36' x 10P bridge is proposed to be
constructed along CSAH 61 /Flying Cloud Drive to allow Bluff Creek and a new
pedestrian trail to pass under the roadway. Construction of the proposed project
requires the removal of unsuitable organic material below the proposed roadway. The
•.cueiw rurmnApplication CARVR 119938
Carver County Page 13
removal extents of this project combined with the roadway footprint for the proposed
project result in the channel being impacted in its entirety.
The creek channel is also proposed to be relocated as part of the proposed roundabout
intersection design. Nearly 500 linear feet of the creek, located between CSAH 61 and
Highway 101 will be realigned as part of the project. The future channel will be
approximately 100 feet longer, and has been designed to meander to provide
additional habitat for wildlife and eliminate the current steep (2.3% slope) and
incorporate a natural channel bottom. The river banks of the realigned Bluff Creek
will be graded to allow for natural vegetation. The proposed stream design will no
decrease the length of the existing channel.
Benefits of the creek realignment include reestablishing a natural flow which has been
obstructed from the existing culverts. The resulting design will decrease overall flow
velocities at the roadway crossing. This will allow a more appropriate velocity for fish
passage. The stream bed and banks will be seeded using native vegetation mixes.
7.2 Pedestrian Trail Impacts
The project includes the construction of a trail, which will connect with existing
regional trail systems. The trail is located on the north side of CSAH 61, and will
share the bridge crossing of Bluff Creek. The trail will have wetland impacts of 0.08
acres. Impacts have been minimized by placing the trail within the area of the
construction limits that already has soils correction, which has already been
considered an impact for the roadway.
7.1 Wetland Re-establishment
Construction of the new bridge will allow for the removal of the existing causeway
(fill material) from the Minnesota River 100-year floodplain area. The removal of the
existing Highway 101 causeway across the Minnesota River floodplain area will have
a positive effect by allowing restoration of natural wetland/floodplain habitat to re-
establish. Approximately 427,983 fl (9.82 acres) are anticipated to re-establish natural
wetiand/floodplain habitat through the removal of the exiting causeway. This cannot
be claimed as mitigation, but is a substantial environmental benefit.
8.0 Wetland Replacement Plan
Wetland replacement is proposed through the BWSR road program and Wetland
Banking. The replacement plan for the Southwest Reconnection Project is summarized
in Table 7. Descriptions of the plan are found in the following paragraphs.
Table 7 Summary of Wetland Replacement Plan by Bank Site
Impact Source
Mitigation SourM
Roadway, bridge. and
BWSR Road Banstorm
water ndsPedestrian
T9.92
German SettlemeBank#1175Totals
trail
Wetland Permit Application CARVR 119938 page a14
Carver County
8.1.1 BWSR Road Program
The reconstruction of the Highway 61/101 Flood Mitigation project has been proposed
as a safety improvement. In addition to flood mitigation, the roadway and intersection
improvements along Carver County Road 61/Flying Cloud Drive will improve safety
and capacity based on existing traffic volumes.
On the basis that the project is proposed primarily for safety improvements, and the
project is being led by a local road authority (Carver County), it is proposed to
complete the compensatory mitigation requirements through the Board of Water and
Soil Resources road safety program.
The road components of the project propose to impact a total of 4.88 acres of wetland
habitat. This includes areas of both fill and excavation, and includes area of Public
Waters. It is proposed to provide mitigation at a 2:1 ratio, which would require the
withdrawal of 9.76 acres of wetland from the BWSR road program. It is requested
that BWSR identify the bank to be uses as part of this project review.
8.1.2 Wetland Banking
Additional impacts are anticipated due to the proposed pedestrian trail. These impacts
cannot be mitigated using the BWSR road bank and thus a mitigation plan is outlined
below.
Unavoidable impacts to wetlands will be replaced in accordance with the rules and
requirements of the USACE and the Minnesota WCA. The preferred method of
wetland replacement is by purchasing credits from an approved wetland bank.
The USACE rules require a base replacement ratio of 2.5:1 in Carver County for
wetland impacts, with incentives to reduce that ratio to a minimum of 2:1. Incentives
are offered if the wetland mitigation is provided "in kind," with wetland replacement
being the same type as that impacted; "in place," in the same wetland bank service
area; and "in advance," or prior to the impacts from the proposed action. In Carver
County, the replacement ratio begins at 2.5:1 and decreases incrementally by 0.25:1
for each of the three incentives that are met with a minimum ratio of 2:1. In wetland
banking situations, the "in advance" requirement is met if the wetland credits are
purchased from an approved wetland bank.
WCA requirements stipulate a standard wetland replacement ratio of 2.5:1 for impacts
in a <50% area, 50-80% area, or non-agricultural land that are replaced outside the
BSA or County and a standard ratio of 2:1 when those impacts are replaced within the
same BSA or County.
SEH contacted several banks located in BSA #9 from the BWSR Available Wetland
Bank Credits Database.
Wetland credits from the Scott County wetland bank, German Settlement (No. 1175)
will be used for compensatory mitigation. Bank 1175 is located within is within BSA
#9 and major watershed #33-Minnesota (Shakopee), and has sufficient credits
available.
A replacement ratio of 2:1 will be applied for both the USACE and for the WCA. The
proposed replacement via wetland banking is considered "in advance" and "in place"
Wetland Permit Application CARVR 119938
Carver County
Page 15
and qualifies for both of these two 0.25:1 reduction incentives under USACE
Mitigation Policy. The proposed wetland bank is within the same BSA as the impacts,
there therefore the required replacement under the WCA is also 2:1. To mitigate the
0.08 acres (3,593 sf) of wetland impact associated with the Proposed Action, a total of
0.16 acres (7187 sf) of wetland credit will be withdrawn from bank site No. It 75.
9.0 Permitting and Regulatory Jurisdiction
Wetlands in the project area are regulated by several agencies at the local, regional,
state, and federal levels including the USACE and the EPA at the federal level; the
Minnesota Board of Water and Soil Resources (BWSR), Minnesota Department of
Natural Resources, and the Minnesota Pollution Control Agency (MPCA) at the state
level; the Carver County Soil and Water Conservation District at the regional level;
and Carver County at the local level. The City of Chanhassen has accepted the
responsibility for the administration of the Minnesota Wetland Conservation Act
(WCA) of 1991, on the basis that the majority of impacts are within the city limits.
Specific permit actions are described below.
9.1 U.S. Army Cotes of Engineers
All of the wetlands in the project area are under the jurisdiction of the U.S. Army
Corps of Engineers, and a Preliminary Jurisdictional Determination would be
accepted.
This permit application is a request for a Letter of Permission, and acceptance of the
use of the BWSR bank for wetland replacement related to the roadway safety
improvements. It is requested that the use of the German Settlement Bank be allowed
for impacts associated with the pedestrian trail. Mitigation is proposed at a 2:1 ratio
for all aspects of the project.
All of the 4.96 acres of impacts are regulated by the USACE.
It is requested that 401 Water Quality Certification be completed in conjunction with
this review, and that waiver of LOP projects be considered. In anticipation of this, a
copy of this application has not been provided to the Minnesota Pollution Control
Agency.
9.2 Watland Conservation Act — City of Chanhassen
The City of Chanhassen is responsible for administration of the WCA in the project
area. The project is eligible for Replacement Plan Approval under the Minnesota
Wetland Conservation Act for impacts to wetland within the project area.
Of the 4.96 acres of impacts, the WCA only regulates those that are not also MNDNR
Public Waters. The impacts to Bluff Creek (0.47 acres) and the Minnesota River (0.21
acres) are not under the jurisdiction of the WCA. Therefore, the impacts under the
WCA are 4.28 acres.
This permit application is a request for Replacement Plan Approval under the rules
of the Minnesota Wetland Conservation Act of 1991. A copy of the Minnesota
Local/State/Federal Application Form for Water/Wetland Projects is included at the
beginning of this document.
Wetland Permit Application CARVR 119938
Carver County Page 16
Compensatory mitigation for wetland impacts is proposed through withdrawal of 9.76
acres of credits from the BWSR transportation bank and 0.16 acres from wetland bank
No. 1175. The request for replacement exceeds the WCA requirements, as it includes
mitigation for lost areas of Public Water. This is consistent for the BWSR to provide
mitigation for all impacts related to a project, not just those under the jurisdiction of
the WCA.
9.3 Minnesota Department of Natural Resources
The MNDNR is responsible for all public waters and public waters wetlands in the
project area. This permit application describes project activities with Bluff Creek
(realignment) and the Minnesota River (bent piers for new bridge).
An existing 421 feet of Bluff Creek, with an area of 0.47 acres, will be relocated to
create a new channel. The new channel will be 529 feet, and will also replace two
culver crossings with bridges. Although the net area of Bluff Creek will increase, the
loss of the existing channel is proposed for replacement via the BWSR road bank.
This is consistent with past projects of a similar impact.
The placement of bent piles in the Minnesota River floodplain (Public Waters 10-
221 W and 27-132P, Rice Lake) is also considered an impact, although it is a structural
discharge. The area of the bent piles is estimated to be a total of 0.21 acres
(9,350 sf),based on an estimate of 374 piles within wetland, and an average area of 25
square feet for each structure. Mitigation is proposed for these impacts, as they are
permanent.
It is requested that although it is not eligible for use as mitigation, that the restoration
of the former causeway, and the addition of 9.82 acres of Public Water Wetland be
considered in the overall review of this project.
This permit application is a request for permission to work in the bed of Bluff Creek,
Public Water 132P, and Public Water Wetland 10-221 W. A copy of the Minnesota
Local/State/Federal Application Form for Waters/Wetlands Projects is included at the
beginning of this document. An electronic submittal has also been made through
MPARS.
10.0 Supplemental Information
In addition to the wetland components, the project has been reviewed for a variety of
ancillary topics. These are discussed below.
10.1 U.S. Fish and Wildlife and MNDNR Property
The large portion of the project area lies adjacent to wildlife management areas; US
Fish and Wildlife Service (FWS) MN Valley National Wildlife Refuge and the DNR
Raquet Wildlife Management Area (WMA). The portion of the project area that
crosses the Minnesota River floodplain as had no previous development except for the
construction of Highway 101. The floodplain habitat found adjacent to the highway
corridor primarily consists of forested wetlands and grasslands. Along Carver CSAH
61 (Flying Cloud Drive), there are scattered private parcels with recent land
disturbances that can be characterized as more rural commercial and residential
development
Wetland Permit Application CARVR 119938
Carver County Page 17
Construction of the proposed project will be staged such that the project will not
occupy either temporarily (during construction) or permanently within the US FWS
Minnesota River Valley National Wildlife Refuge property. Since the eastern
boundary of the designated Raquet WMA abuts the existing Highway 101 causeway
across the Minnesota River floodplain area, a narrow strip of the WMA will be
affected by the construction of the new bridge. Furthermore, a small permanent right-
of-way will be needed from the MNDNR on a parcel of property owned by the
MNDNR near the north end of the proposed bridge. A land transfer between the
MNDNR and MnDOT has been previously discussed and since Highway 101 will be
turned back to Carver and Scott Counties a local jurisdictional transfer of the roadway
and right-of-way is planned to occur
10.2 State Threatened and Endangered Species
The Minnesota NHIS has been queried to determine if any rare plant or animal
species, native plant communities, or other significant natural features are known to
occur within an approximate one -mile radius of the project area. Based on this query,
rare features have been documented within the search area. The Minnesota River
contains several types of rare species (fish and native mussel species). A restoration of
the floodway should ultimately provide aspects for their benefit; precautions should be
taken not to cause adverse impact during construction. With appropriate sediment
control measures during construction, the MNDNR does not believe the project will
negatively affect any known occurrences of rare features.
A Scientific and Natural Area (SNA), is located a short distance southwest from the
immediate Southwest Reconnection Project study area. The SNA includes a rare
calcareous fen (known as the Seminary Fen) with threatened plant species. According
to the MNDNR, the establishment of a SNA is intended to preserve and perpetuate the
ecological diversity of Minnesota's natural heritage, including landforms, fossil
remains, plant and animal communities, rare and endangered species, or other biotic
features and geological formations, for scientific study and public edification as
components of a healthy environment. Continued coordination with the MNDNR and
LMRWD will occur to ensure no impacts occur to the Seminary Fen as a result of the
proposed improvements.
10.3 Storm Water Treatment
In accordance with the requirements of the NPDES permit, the roadway design will
include storm water treatment BMPs that will be designed and built to comply with
the NPDES Construction Stormwater permit requirements (in effect prior to August
2013), Lower Minnesota River Watershed District (LMRWD) volume control
standards and City of Chanhassen storm water design standards. The project includes
two planned filtration basins and two wet detention ponds to treat runoff from the
local roadway, bridge and intersection improvements.
10.4 Archeological Resources
The proposed project was reviewed for archaeological, historical, and architectural
resources. No historic structures eligible for listing on the National Register of
Historic Places (NRHP) were identified in the study area. However, Phase 1 and Phase
2 investigations were completed for several potentially eligible archaeological sites.
Background research was conducted at the Minnesota State Historic Preservation
Office and Minnesota History Center Library prior to field surveys. Research
Wetland Permit Application CARVR 119938
Carver county Page 18
included a review of previously recorded sites, historic plat maps, and historic
accounts of Native American sites along the Minnesota River near Shakopee. No
sites were recorded in the project area from these sources. Below is a summary of
field investigations for four sites that could be impacted by the proposed roadway
improvements.
Site 21CR154 - This site is a precontact habitation that consists of a sparse amount of
lithic debris, fire -cracked rocks, and animal bone. Site activities are inferred to
include animal processing, cooking, and lithic reduction. The portion of the site within
the existing road right-of-way was evaluated and was recommended not eligible for
listing on the NRHP. A small portion of the site was surveyed outside of the road
right-of-way, and this portion of the site is recommended for further Phase 2
investigations. In summary, a total of 31 deep auger tests were dug in five and ten -
meter intervals at the site, with only seven tests containing artifacts. Artifacts were
recovered from 0 to 80 cm below surface. Two (1 x i meter) excavation units were
also dug, but neither unit contained artifacts.
Site 21CR155 - This site is an early Archaic or Late Paleoindian habitation that
consists of a moderate amount of lithic debris, stone tools, fire -cracked rocks, and
butchered and calcined (burned) animal bone (bison or elk). Site activities are inferred
to include animal processing, cooking, lithic reduction, and stone tool production. A
total of 42 deep auger tests were dug in five and ten -meter intervals, with30 tests
containing artifacts. Seven (1 x 1 meter) excavation units were also dug. Artifacts
were recovered from 100 to 240 cm below surface, with most recovered from a buried
soil between 220 and 240 cm. Lithic materials include Knife River Flint and Hixton
Quartzite that derive from western North Dakota and west -central Wisconsin.
Radiocarbon dating was performed on the animal bone (bison or elk) and provided a
conventional date of 7160 BP1 (+/-30), with a 2 Sigma Calibration of 8020 to 7940
BP. The evaluation results indicate that the site has the potential to provide important
information on the precontact period because of the site's research potential and the
well-preserved cultural deposits that have integrity. The site is recommended eligible
for listing on the NRHP, and a Phase 3 data recovery is recommended if the site can't
be avoided.
Site 21CR156 — This site is a precontact habitation that consists of a moderate amount
of Late Woodland ceramics, lithic debris, stone tools, and animal bone. Site activities
are inferred to include animal processing, cooking, lithic reduction, and stone tool
production. A total of 50 deep auger tests were dug in five -meter intervals, with 35
tests containing artifacts. Artifacts were recovered from 20 to 240 cm below surface.
Eight (I x 1 meter) excavation units were also dug. The site contains stratified Late
Woodland, Archaic, and Late Paleoindian components. Radiocarbon dating was
conducted on calcined/bumed turtle bone, which provided a conventional date of 7040
+/- 30 BP, with a 2 Sigma Calibration of 7940 to 7830 BP. The evaluation results
indicate that the site has the potential to provide important information on the
precontact period because of the site's research potential and the well-preserved
cultural deposits that have integrity. The site is recommended eligible for listing on the
t Before Present (BP) years is a time scale used in archaeology, geology, and other scientific disciplines to specify when
events in the past occurred. Because the "present" time changes, standard practice is to use 1 January 1950 as the origin of the
age scale, reflecting the fact that radiocarbon dating becarne practicable in the 1950s.
Wetland Permit Application CARVR 119938
Carver County Page 19
NRHP. The site will be avoided since it has been determined that the site is located
outside the construction limits of the Southwest Reconnection Project.
Site 21CR157 - This site is a precontact habitation that consists of lithic debris, fire -
cracked rock, and animal bone. Site activities are inferred to include animal
processing, cooking, and lithic reduction. The site is buried below modem fill, and
three tests contained artifacts from 130 to 300 cm below surface. The site is
recommended for further Phase 2 investigations.
Since the project will require a US Army Corps of Engineers (USACE) wetland
permit, it is following the federal Section 106 process. Carver County has coordinated
with USACE and the MnDOT Cultural Resources Unit on the required tribal
consultation and will be developing a Memorandum of Agreement (MOA) that will
detail the process for mitigating impacted archaeological sites.
Wetland Permit Application CARVR 119938
Carver County Page 20
List of Figures
Figure 1 - Site Location and Topographic Map
Figure 2 - Aerial Photograph (2012)
Figure 3 - MNDNR Public Waters Inventory
Figure 4 - National Wetlands Inventory
Figure 5 - Soil Survey for Carver and Scott Counties
Figure 6 - Wetland Impacts
Figure 6-1- Wetland Impacts - West Side CSAH 61
Figure 6-2 - Wetland Impacts - West Side CSAH 61
Figure 6-3 - Wetland Impacts - Highway 101
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EXPLANATION
Area of Investigabon
0 500 1,000 1,500
Feet
101,
N, M
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I!
This Page Left Blank Intentionally
EXPLANATION
OArea of Investigation
PWI Watercourses
PWI Basins /N
0 5001,0001,500 A oFeet
Rice
27-132 P
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/ Rol+n CARVR 119938
l6]6 V.10lUIB CENTER DR. Ptlp1 OaN; 1a72014) MNDNR Public Waters Inventory
ST. RAVL. MN 66110 Figure
PNONE (a61).1D .K)
FM I6661NA.I 6 M.Pev.ROMPT TH 101 / CSAH 61 Road Improvements 3
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EXPLANATION
SEMI
,
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QArea of Investigation
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NWI Legend
Type 1 - Seasonal
Type 2 - Wet Meadow
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Type 3 - Shallow Marsh
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Type 5 - Shallow Open Water
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Type 7 - Forested
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T. PML. MN 56110
Pr0'0c' CARVR 111930
Pont OaM. 71BI3013)
National Wetlands Inventory
Figure
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TH 101 / CSAH 61 Road Improvements
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r.w
N
V11C
TH 101 Bridge Crossing
Removal of causeway
9.82 acres of wetland restored
Impacts
Wetland Im p
Total Impacts:
3.78 acres wetland fill
Impact Type
0.52 acres wetland excavation
7
0.47 acres to Bluff Creek
Fill
0.21 to Minnesota River floodplain
Excavation
Total: 4.96 acres
°,.
a
® Bluff Creek
Total Restoration:
y
9.82 saes restored Minnesota River floodplain
F ;V0,-
`
Construction Limits
A
.ZZ
,-x
,•��Y
J
i]LCENTEPON , PAUL, ONAI MNMR
a,
Pmied: CARVR 118838
NnlDate 1T/ CH3
Wetland Impacts - Overall Project
Figure
1
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TH 61 and CSAH 101 Roadway Improvements
SEH
WATTe 101J2I06a
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eaurta LMIC
Carver and Scott Counties, Minnesota
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Wetland Impacts 3 ��} t r ,. f�'Rq- , �Ta ';' l
Impact Type'
Fill
. _. 'Excavation ,� •r'- .. ., � �.. � �� - ^_ '�
Purgatory Creek ;, }• ' '� �, t - 5"' y .N -
t
es
Construction Plans
- M' •L-.'fir _.;T,�,
--- Roadway Features `' '+'`,. •• �, �� r: I { l
Trail, Trail Features `. r•+ —_ 1 `' - s i
Storm Water Features z 71 .y e
Construction Limits
M.
-
0.21 Acres Fiil sty ' ^l� tl� \ ` _ ♦ �i� l
y/. rw _ �� ' ���..•`..�.J/. � .��4�,•�>�p+�iyy� � '� � `J ✓ �.T ',� � { rt. •!4
�'r„r _ .., yi-.4 _ w.^l t.n.�'•• Wetland 1 '..,
✓ i.rc �,1 Wetland 1 a
y 't 0.44 Acres Fill
y \ N a fi•' O:OSAcresExcavation
w Wetland 2 n , , O�OS,Acres'Fill y� �r
= 0�36.A1 res Fill` •, q r r r "
Y 1 : .l •K �. A n
Fa 0-
.6'.DNMBCENIER DR.
BT. PMIL. MN 6111O
PHONE'. 1ll1HYWWo
FAX leswPO4+eD
I Pj CARVR 119M
PIIRi DEb: 122O@O19
Wetland Impacts
TH 61 and CSAH 101 Roadway Improvements
Figure
6-1
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Carver and Scott Counties, Minnesota
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•••'
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•fit Si:.•• +K .-+�, •C�_ ti
.!1 �•�j.' Kl R i•!.* T:i �
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Wethnd5 044yAtce;Filllow,�rrl
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,nr �
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100
Feet '
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Ac
i
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r, ry
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1. •
r
i
Wetland Impacts
Impact Type
Fill
Excavation
r Bluff Creek
Construction Plans
- -- Roadway Features
• • • Trail, Trail Features
-— Storm Water Features
Construction Limits
16D5 V.001NI6 CENTER OR.
ST. PwL, MN SE110
Pm1661. CARVR 11H93B
Pen1DMe: 1MM013
Wetland Impacts
Figure
Mµ4 dM
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TH 61 and CSAH 101 Roadway Improvements
Carver and Scott Counties, Minnesota
6-2
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r yam_
CM _ y.. I;��`�'4 .� _�����'��Fes,(`} •\'.
Wetland Impacts
Impact Type
Fill
Excavation
Purgatory Creek
Construction Plans
-- -- Roadway Features
Trail; Trail Features
Storm Water Features
Construction Limits
U
ell
"q C/�119938
NM 1a7rso1.
Wetland Impacts
Figure
_
F. levels 100e
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TH 61 and CSAH 101 Roadway Improvements
C—�
�i
SEH
W taaw)W5-2oaa
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Carver and Scott Counties, Minnesota
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Appendix A
Project Plan Sheets
Wetland Permit Application CARVR 119938
Carver County Page 22
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The TH 101 Project Plan Sheets are located on the attached CD at the end of this document.
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Wetland Permit Application CARVR 119938
Carver County Page 23
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The TH 101 Wetland Delineation Report is located on the attached CD at the end of this document.
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Appendix C
TH 101 "Wye" Feasibility Study
Wetland Permit Application CARVR 119938
Carver County Page 24
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Appendix D
Combined Wetland Application Forms
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NA-026620-0313 (V.2.02 for MS WORD) 9/1712007
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
USE THIS APPLICATION FOR ANY PROJECT AFFECTING A LAKE, RIVER, STREAM OR WETLAND,
INCLUDING:
Local Government Unit Approval Pursuant to Minnesota Wetlands Conservation Act (WCA)
Minnesota Department of Natural Resources (DNR) Permit to Work in Public Waters
Department of the Army Permit (33 CFR 325)
Note: The U.S. Army Corps of Engincers (COE) will forward application forms to the Minnesota Pollution Control Agency (MPCA) for
processing if state water quality certification is required from the MPCA. You do not need to send this application to the MP`CA.
This application packet includes:
Part 1: The BASIC APPLICATION and the COE APPLICATION to be filled out by all applicants (see Instructions).
PART If: The REPLACEMENT PLAN SUPPLEMENT to be completed only for projects that impact wetlands and require a
replacement plan for wetland mitigation. If you're not sure whether your project requires a replacement plan, call your Local
Government Unit (LOU) or Soil and Water Conservation District (SWCD) office for guidance.
Do not proceed with your project until you have received all required approvals from your LOU, the DNR and the COE, If you wish to confirm
the status of your application at anytime, contact the agencies directly (sec Instructions, page 2). Proceeding with work before all required
authorizations are obtained may result In rims 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 these forma, contact your local SWCD office, your LOU, your Area DNR Ecological
and Water Resources office, or your COE field office (see Instructions, page 2).
If you believe that your project maybe subject to watershed district, local zoning, or any other local regulations besides those of your LOU,
contact those office(s) directly. If you are a Federal Farm Program participant and your project affects a wetland or water body on agricultural
land, your eligibility for USDA benefits may be affected. Contact a Nntural Resources Conservation Service office for further information.
A QUICK LOOK AT THE PROJECT APPLICATION PROCESS
Eleetroule files: Forme can be downloaded 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 topics of these completed application forms to your LGU, your Area DNR Ecological and Water Resources office, mid your COE regulatory office.
Any of the agencies may make initial contact with you to: a) inform you dint it has nojurisdiction over your project; b) request additional information needed; of c)
inform you of applicable fees.
When your application is considered ooruplele and appropriate fees have been received (if requested) it will be distributed for appropriate review.
Following agencies' reviews, you will be informed if it has bean approved, approved with changes or conditions, withdrnrm, or denied.
For information about state laws, rules and regulations that direct this proem go to the web site sv,w.revisor.leg.statc.mn.m. For information on U.S. Army Corps
of Engineers regulations go to the web site www.mvp.usace.anny.mil.
Instructions for Part I
HELPI: Every applicant must fill out Section 1. The applicant is the person, agency, company, corporation, or other organization that owns,
leases, or holds other legal rights to the land where the project is located. Indicate names of multiple applicants on a separate sheet.
HELP Lk: Fill out Section IA only if you have designated an authorized agent. An authorized agent may be an attorney, builder, consultant,
contractor, engineer, or any other person or organization designated by the applicant to represent him/her in this process. An agent is not required.
HELP 5: Purpose, description and dimensions of project: Stale briefly (in a sentence or two) what you propose to do and why it is needed.
Also, describe whether your project will involve any of the following:
Construction of structures, filling, draining, dewatering, removing, excavating or repair.
Construction of an acecss path, bridge, culvert, dam, ditch, dock, driveway, riprap, road, sand blanket, shore protection, or tile line.
Construction of any structures on fill, piles or a float -supported platform. If so, describe.
Dredging or discharging (placing fill material) into a wetland or other water body (including the temporary placement of material). If so,
explain the specific purpose of the placement of the material (such as erosion control) and 'indicate how it will be done (such as with a
backhoe or dragline). If dredged material is to be discharged on an upland site, identify the location of the site.
Minnesota Local/StnleNctleral Application Forms for Water/Wetland Projects
Instructions, Page I
Include an overhead view drawing showing the work to be undertaken and its relative location on the property. Show items such as
property boundaries or lot dimensions; location and extent of shoreline, wetlands and water; location and dimensions and footprint of the
proposed project, structure or activity (include length, width, elevation and other measurements as appropriate); points of reference such as
existing homes, structures, docks or landscape features; indication of north; and location of spoil and disposal sites (if applicable). Hand drawn,
computer generated or professionally prepared drawings are acceptable, as long as they contain all necessary information clearly, accurately,
and in adequate detail. Please include specific dimensions whenever possible. You may also include photos, if you wish. Paper copies should be
limited to maximum dimensions of 11'7 by 17". Computer files should be viewable in a PDF format; contact the agency for other usable formats.
HELP 7: For information regarding adjacent landowners, contact the tax assessor where the project is to be developed.
HELP 8: If any part of the work has already been completed, describe the area ahcady developed. Include a description of structures
completed; any dredged or fill material aheady discharged (including type of material and volume in cubic yards); acres or square feet filled (if
a wetland or other water body); and whether the work was done under an existing permit (if so identify the authorization, if possible).
HELP 9: Other permits, reviews or approval related to the project may include the following: conditional use permit; plat approval;
zoning variance; National Pollutant Discharge Elimination System permit; state disposal system permit (includes dredged material disposal);
watershed district/watershed management organization permit (stormwater, erosion, floodplain); environmental assessment
worksheet/environmentai impact statement; hazardous waste site; feedlot permit; groundwater appropriation permit; or cmuity/township
driveway/road permit. Are you aware of any archeological or cultural resource determinations or surveys completed concerning the project or
replacement site by the State historic Preservation Office (SHPO) or others? If yes, please explain on a separate sheet or attach a copy of any
determinations or surveys.
Final Checklists (Part 1)
❑ Have you completed all of Part I (Page 1), plus the Federal application (Page 2)?
❑ Did you (and your agent, if applicable) sign Section 10 on page I?
❑ Have you signed the Application fm the Department of the Army Permit (Page 2) to seek Federal authorization of your project?
❑ Have you included the necessary attachments for Part I?
Attachments must Include:
❑ Site Locator Map (Section 3)
❑ Type of Project (Section 4) (if additional space was needed)
❑ Overhead View of Project (Section 5 and HELP 5)
❑ Project Purpose, Description and Dimensions (Section 5) (if additional space was needed)
Attachments finny also include:
❑ Applicant Contact Information (HELP 1) (if additional space was needed)
❑ Project Location (Section 3) (if additional space was needed)
❑ Project Alternatives (Section 6) (if additional space was needed)
❑ Photographs
❑ Adjoining Property Owners (Section 7) (if additional space was needed)
❑ Work Already Completed Section (Section 8) (if you answered YES)
❑ State Historic Preservation Office determination or survey
Submitting Your Application
Make three copies of the entire application and all attachments. Keep the original, and mail a complete copy of your application to each of the
local, state, and Federal entities listed below. Be sure to include Part I and all attachments with each application.
LOCAL: Send to the appropriate Local Government Unit (LGU). if necessary, contact your county Soil and Water Conservation District (SWCD)
office or visit the Board of Water and Soil Resources (BWSR) web site (www.bwsr.statc.mn.us) to determine the appropriate LOU.
STATE: Send to your Area DNR Ecological and Water Resources office, attention Area Hydrologist. If necessary, contact your county Soil and Water
Conservation District
(SWCD) office or visit the DNR website (www.dnr.slate,rmius) to locate the Area Hydrologist for your location, or conlacl a Regional DNR office:
NW Region: NE Region: Central Region: Southern Region:
2115 Birchmont Beach Road N.E. 1201 Fast Highway 2 1200 Warner Road 261 Highway 15 South
Bemidji, MN 56601 Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073
Phone: 218-309-2620 Phone: 218-327-4416 Phone: 651-259-5845 Phone: 507 359-6053
FEDERAL: Send to the appropriate U.S. Army Corps of Engineers regulatory field office
Brainerd:
U.S. COE, Regulatory Branch
St. Paul:
U.S. COE, Regulatory Branch
La Crescent:
U.S. COE, Regulatory Branch
Two Harbors:
U.S. COE, Regulatory Branch
10867 E. Gull Lake Drive N.W.
Army Corps of Engineers Centre
1114 South Oak Street
1554 Highway 2, Suite 2
Two Harbors, MN 55616
Brainerd, MN 56401-9051
190 5" Street East
La Crescent, MN 55947-1338
507-895-8059
Phone: 218-834-6630
Phone: 218-829-8402
St. Paul, MN 55101-9051
Phone:
Phone: 651-290-5375
WEB SITES: BWSR:wwwbwsrstate.mn.us US. ACOE: wwn.mvp.use= amry.mil DNR: wrwv.dnr.stare.mn.us MPCA: svwsv.pca.state.mn.us
Minnesota Locol/StateA'cderal Application Forms for Water/Wetland Projects
hutruetions, Page 2
NA-026620-03B (V.2.02 for MS WORD) 9/172007
Minnesota Local/State/Federal Application Form for Water/Wetland Projects
For Internal Use Only
Application No. Field Office Code Date Initial Application Received Date initial Application Deemed Complete
PART I: BASK APPLICATION
"See HELP" directs you to important additional information and assistance in Instmclions, Page I
1. LANDOWNER/APPLICANT CONTACT INFORMATION (See Help 1)
Name: Lyndon Robjent, Public Works Director Carver County MN Phone: 952.466.5200 E-mail: Irobjent@co.carver.mn.us
Complete mailing address: 11360 Hwy 212, Suite 1 Cologne, MN 55322
IA. AUTHORIZED ACENT (See Help IA) (Only if -applicable; an agent Is not required)
Name: Deric Deuschle, SEH Senior Biologist Phone: 651.490.2114 E-mail: DDeuschle@sehinc.com
Complete mailing address: 3535 Vadnais Center Dr. St. Paul, MN 55110-5196
2. NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed)
Name or I.D. # of Waters Impacted (if applicable; if known):
(Check all that apply): ❑ Lake ❑ River ❑ Circular 39 Wetland type: ❑ 1, N 1 L, N 2, N 3, N 4, ❑ 5, N 6, ❑ 7, ❑ 8
Wetland plant community type': ❑ shallow open water, N deep marsh, N shallow marsh, ❑ sedge meadow, N fresh meadow,
❑ wet to wet-mesic prairie, ❑ calcareous fen, ❑ open bog car coniferous bog, N shrub-cart/alder thicket,
❑ hardwood swamp or coniferous swamp, N floodplain forest, ❑ seasonally flooded basin
Indicate size of entire lake or wetland (check one): ❑ Less than 10 acres (indicate size: 7.16) ❑ 10 to 40 acres N Greater than 40 acres
3. PROJECTLOCATION (Information can be found on properly tax statement, property title or title insurance):
Project street address: Fire #: City (if applicable): Errorl Reference
source not found., Shakopee
%4 Section: Section: 35, 36 Township #: 116 N, 115N Range #: 23 W County: Carver, Scott
Lot #: Block: Subdivision: Watershed (name or #) 9 UTM location: N F,
Attach a simple site locator map. If needed, include on the map written directions to the site from R known location or landmark, and
provide distances from known locations. Label the sheet SITE LOCATOR MAP.
4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed.
See Attached
5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to
construct the project with dimensions (length, width, depth), area of impact, and when you propose to conshuct the project. This is the
most important part of your application. See HEIR 5 before completing this section; see What To Include on Plans (Instructions,
page 0Attach PROJECT DESCRIPTION sheet.
See Attached
Footprint of project: 4.96 acres or square feet drained, filled or excavated.
6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts
to wetlands er waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (one of wluch may be "no
build" or "do nothing"), and explain why you chose to pursue the option described in this application over these alternatives. Attach
PROJECTALTERNA TABS sheet if needed.
See Attached
7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square, feet of water at, wetlands, list the complete
mailing addresses of adjacent property owners on an attached separate sheet. (See HELP 7)
8, PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already conyileled7 ❑ Yes ❑No. If
yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (Sec HELPS)
9. STATUS OF OTHER APPROVALS: List any other pemdts, reviews or approvals related to this proposed project that ore either pending or
havo already been approved m' denied on o separate attached sheet. See HELP 9.
10. 1 am applying or stale and local authorizntlou to conduct the work described In this application. Iran familim with the Infommtion
contained in dii > I' on. To the best of my knowledge and belief, all information in Part 113,
Is true, complete, and accurate. I possess
tiro anthorilywork described, or I am acting as the duty oullanized agent of tho applicant.
i
Sig attire appl/ a (Landmrner) ,ale Signotare ofagent r1fapplicobte) Date
This block must signed by iheperson who desires to uudertake the proposed activity and has the necessary property rights to do so, If only the Agent has signed, _
please all paste sheet signed by die lendovner, giving necessary authorization to the Agent,
i
l
Resourccs,
the lien forseaemng Wheatland, mKablas "ling data soarees, geRrtsiag mid treidvldng she dalareedad, and eamtpkdngand reviewing the eolkclioa eCinfmmdftin. Rettd
comment, regarding this burden adimae many other a."d of Ilds collodion of infoermlion, minding suggesliirm for redwing the border, m➢eparai nd aliDeleme, Wrehinglen
Headgvaten9nvice DiseWrapef Infonnaliom Olsefntieas and Reposts, 12151NerecnlisavisHighway, gnaw 1204, Adagror4 VA 22202-4302, and mwho Omeeof edagrmeet
andnudgd,Papenvmk Ra4uetlan Pr*j 1(071"003),WasNnglon,DC20503. Raysnnlcrda should be nvare that notwithstanding any oh, provision oflean, no parsm shall be
srkj,l to soar penalty for cities to wohply with a collection of inform4iau if It does ad dispiny a cumnlly valid 0MI3 control numbs. Please DO NOT WFURN year form to
either of Were addresses. Compleled appliution,now be submitted to the Dialtiel engineer havingjnldhdion over the Nedion of the pralines nativity.
PRIVACY ACT STATEMENT: Aulhoddes: Rivals and Harbors Ad. Section 10, 13 USC 403; Clear, Water Ad, Saetma 404, 33 USC 1344; Marine ProteNied, Reaanrc8 mad
Sawtuadm Art, 33 USC 1413. Seadw 103. Pdno4ml rnapuse: hilmmNiou provided on Ibis lmat will he and in moduallog flee appl lwtca fora permit. Radine use: This
inlormalioo may be dmrtd ayitli the Department oFlndioa and otlta Fredaral, Nola, end bowl govemnnM rgwcia. SlNmirmoa ofrtqucsled mfmualian ix wluvfmr, hoavea+a, if
infoJmatian is net movided. the s enull anlica0nn mnam It. avaXWed normna Permit be eswd,_
ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS
J. 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.
All applicants must complete non -shaded items 5 nod 26. If an agent is used, also complete items 8 and 11. This optional Federal for in !s valid
for rive onlu when included as mat of this entire state anolication packet. __. _
S. APPLICANT'S NAME I S. AWHORMID AITENT'S NAME AND TITLE (an agent is not requlrc11)
26. Application is I y e for a permit r r permits to authorize the 3vork described in this application. I codify that the information in this
opplieatial is w pl cmala I further codify Thal I possess who authority to undertake the work described herein or snit acting as the duly
authorized o Anl.
Sign of epp s N D c 3 Sngnatme of agcta fif any Date
Tice applicator cot t be st ed the person 5vbo dcsims to uudMake the proposed acdvily (applicant), or It maybe signed by a daily authorized agent If
the atOtemalt in HI k I 1 been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in my manner within theiurisdicdon of uny
dcpnruuent or agar the United States knmvingly and willfully falsifies, cascwis, cr covers lip with any trick, scLmuo, or disguises a material tact or
makes may false, fictitious or tieudtdenl statements or represemetats or makes or uses any false writing or dooummrl kTmwing aside to contain any false,
fictitious or frstdulent statements or entry, shall be fined not mom than $10,01)0 or imprisoned not more than five years or both,
ENO FORM 4345, Jul 97 13DITION OF FEE 941S OSSOLETF. (Propons nC CF,CW-OR) ,
PAnd,ema lneatStaldPcderal Application Form for WeterfWelland Pr0JCct3
Page2
i
FOR LGU USE ONLY:
Determinatiou For Part 1: ❑ No WCA Jurisdiction
❑ Exempt: No. _ (per MN Rule
❑ No Lou: _(A,B,...G, Per es Rule 8420.0220)
❑ Wetland Boundary or type
❑ Rcoamement required — applicant most oarnplcte Part it
Application is (check one): ❑ Approved
CommmilsNindings:
[]Approved with conditions (conditions altaebed) ❑ Denied
LGU opcal sigmam,e
Name and Title
Date
For Agricultural and Drainage exemptions (MN Bute 8420.0122 Subps. I and 2B), LGU has received proof or recording of restrictions
(per MN Rule 8420.0115):
Corny where recorded Date
Docuaenr 4 aulgned hymcorder
LGU official signature
Date
Minnesota Lo BM&teffedaai Application Farm for W aBdWedand Projects
Pegs 3
Instructions For Part If
Complete those portions of Part II: Replacement Plan Supplement for which information is readily available (such as locatiou, existing land use, size
of impact area, etc.) A person certified in wetland delineation must determine items pertaining to specific wetland impacts (wetland type,
predominant vegetation, watershed name, etc.) Contact the lout soil and water conservation district (SWCD) office for further information on
obtaining such items.
What to Include on Plans
Detailed overhead views of replacement sitc(s) (Part 11), as well as profile view(s) of replacement site(s) (Part 11), may be either hand drawn,
computer generated or professionally prepared, as long as they contain all necessary information clearly, accurately, and in adequate detail. Please
include specific dimensions whenever possible. You may also include photos, if you wish.
Overhead views of Part II replacement site(s) should include the following items that pertain to your project:
Property boundaries and/or lot dimensions.
Location and extent of shoreline, wetlands and water.
Location and dimensions of proposed project, structure or activity. Tnchrde, length, width, elevation and other measurements as appropriate.
Points of reference (such as existing homes, structures, docks or landscape features).
Location of inlet and outlet structures.
Indication of north.
Location of spoil and disposal sites (if applicable).
Areas of wetland and upland plants established.
Profile views (side or cross -sectional views) should include the following items that pertain to your project:
Location tad dimensions of proposed project, structure or activity. Include elevation, depth, soil profile, side slope and other
measurements as appropriate.
Proposed water level elevation.
Final Checklists
Part It: Replacement Plan Supplement
❑ Have you completed all of Part If (pages 3-5)?
❑ Did you (or your agent) sign Section 19 on page 5?
❑ Have you included the necessary attachments for Part II?
Attachments must include:
❑ If the project includes any wetland banking (complete or partial), include Application for Withdrawal of Wetland Credits Form (Section 14)
❑ If the project includes any project -specific replacements (complete or partial), include:
Description of Replacement Wetlands) Construction (Section 15)
Copy of vegetation management plan (Section 15)
Scale drawing of overhead view or replacement wetland (Section 18)
Scale drawing of profile view of replacement wetland (Section 18)
Attachments any also include:
❑ Additional description of Wetland Impact Charts (Section 11) (if additional space was needed)
❑ Additional Description of Replacement Wetlands charts (Section 17) (if additional space was needed)
❑ Additional soils information for created replacement wetland(s) (Section 18) (if available)
Note: To deposit surplus wetland credits in the State Wetland Bank, submit a Welland Banking Application diratly to your LGU (Section 16).
Preparing Your Application for Mailing
❑ To apply for both slate and Federal authorization, your application must include Part I (Page 1), the Federal application (Page 2), and
attachments as indicated on Final Checklist for Parr / (Instructions, Page 2).
❑ Your application must also include Part 11 (Pages 3-5) and additional attachments as indicated on Final Checklist for Pail Il (above).
❑ Make three copies or the entire application and all attachments. Keep the original, and mail the three copies to the appropriate local, state,
and Federal agencies (see Instructions for Pert I for addresses).
Minnesota 1gCal/Stale/Federel Application Forms for Water/Wetland 1'rojects
instructions Pagc,3
PART II: REPLACEMENT PLAN SUPPLEMENT
For assistance in compleling Porl ➢, carat/ your Local Oovemnlenl fruit or a prrfessio al conmdlont
it. DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: 1) Use one row of boxes for each wetland impact; 2) If your project has more
than one wetland impact, reference your merhead vine (part of Section 5) to this char( by identifying and labeling "first impact" and "second impact" on
your overhead view; 3) if you are identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank;
4) if you haw chosen to identify more than one wetland type within a given wetland impact area, use the extia dotted Imes to indicate each wetland type, and
identify predominant wgetalien and sin of impacted area for curb sePratc wetland type within that impact area; 5) If you do not have access to some of
this information, call your LGU or SWCD office for assistance. (Pholocopy rhartfor more impacts, tf needed)
OF WET! Ahin IMPARTS
Wetland Impact
(as noted on
overhead view)
Watershed
name or
number (if
known)
Watershed
and Bank
Service
Area
Wetland plant
community
type
Predominant
vegetation in
impacted
wetland area
Size of area
impacted
(in acres or
square
feet)
Existing land use In project
area (check all that apply)
33-Lower
9
❑ Housing
❑ Commercial
Minnesota
❑ Industrial
First
impact
River
❑ Parkstrecreation areas
❑ Highways and
-------_-..---
associated rights -of -way
---------------
-------------------------•-----
❑ Forested
❑ Farmsteads/agricultural
❑ Vacant lands
❑ Public and semi-public
(schools/gov't facilities)
❑ Airports
Second
-----------------
-
-----------------
-----------------
--------------
❑ Extractive (gravel
impact
pits/quarries)
---------- --
------------------
[ -----------------
❑ other:
'if you am identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank. H you have chosen to identify more
than one wethnnd type within a given wetland impact area, use the extra dotted lines to Indicate each separate wclland type, and identify predominant vegetation and size
of impacted area for marls separate wetland type wills that impact area.
TOTALSOF AREA(S) DHPACTED FOR EACH WETLAND TYPE ON CHART (Wiaie acres ❑ or square feet ®)
Wetland plant community type n: Shallow open water: Deep marsh; - Shallow Mach: Sedge meadow:
Fresh wet mcadow: Wet to wet manic prairie: CGkareons fen: Open bog or coniferous bog: Shrub Carr or elder thicket:
Hardwood swamp or coniferous swamp: Floodpinin forest Seasonally flooded basin
12. SPECIAL CONSIDERATIONS: Are you aware of any special considemkors that apply to either the impact site(s) or the replacement site(s)7 ❑ Yes ❑ No
(Fmmples: the presence of endangered species, special fish and wildlife resourecs, sennsitiw surface waters, or waste disposal site,) If YES, list and describe briefly.
13. SHORF,LAND IMPACT ZONE: Please identify each welland impact site noted in Section 15 that is within 1000 feel of a lake or 300 feet ors river.
' See Weiland Plaids and Plan/ Conmun ides ofAfinnesotn and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and
Sol] Resources, United Sates Army Corps of Engineer.
Minnesota Local/State/Federal Application Penns for Water/Wetland Projects
Page 4..
14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be apcomplished (check only one box below
and continue as indicated):
® A. Weiland banking credits only
Complete Applical/or for Withdrawal of iferland Credlls Form mid include with your application. Copies of this fort arc available from your LGU, or
download a copy from www.bws-.slme.mn.w
Skip to Section 19, page 6 (You do not need to complete Sections 15-1 g).
❑ B. Project -specific replacement only
Continue with Section 15 below.
❑ C. A Combination of wetland banking and project -speck replaceniesnt If using pmjcct specific replacement that will result in surplus wetland credits
that you propose to deposit in the state wetland bank for future use, then you must submit a wetland banking application directly to your LOU before or
cOncunently with submittal of this form. Also, Complete Applkalion for Withdrawal of Welland 0vairis Fonn and include with your application. Copies
of this form and the wetland banking application's available from year LOU, or download a copy from www.bwsr.stnc.nw us
Continue with Section 15 below.
15. DESCRIPTION OF REPLACEMENT WL'TLAND(S) CONSTRUCTION (Complete this section only if you marked Boa H or Box C in Section
14 above):
Describe in detail how replecmrent wethuid(s) will be constructed. If several methods will be use(l, describe each method. Details should include the
following: 1) type of construction (such as excavated ii upland, restored by file break, restored by ditch block or revegetaled); 2) type, size and
specifications of outlet structures; 3) elevations relative to M= Sea Level or established benchmarks a key features (such as sill, emergency overflow or
structure height); 4) what best management practices will be implemented to prevent erosions or site degradation; 5) proposed timetable for starting and
ending the project; and 6) a vegetation management plan. Write this description on a separate sheet of paper labeled DESCRIPTION OFREPLACE•MENT
WETLAND CONSTRUCTION.
See Attached
16. SURPLUS WETLAND CREDITS: If using project specific replacement (Box B or Box C in Section 14 above), will the replacement mutt in soy
surplus wetiand credits that you wish to have deposited in the State Welland Bank for future use? ❑ Yes ❑ No. Ifyes, sabmft a Wetland Banking
Application directly to your LGU before or concurrently with submittal of this form. Copies are available from your LGU, or download a copy from
vnvsv. bvs.state.inn.us
17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below: 1) Use one row of boxes fa each wetland replacement site; 2) If
Your project has more the aria wetland replacement Bile, reference yam overhead view (part of Section 5) to [his chart by identifying and labeling "first
replacement site" and "second replacement site" on your overhead New; 3) If you are idcxni64ng only one wetland type within a given replacement site, use
the first dotted line(s) and leave the others blank; 4) If you have chosen to identify mac than one wetland type in a given replacement site, use the extra dotted
lines to indicate each separate weds nd type, and identify type(s) of replacement credits and 'restated in created" for each separate Welland type with that
replacement site; 5) If you do not have access to sane of the information, in if you do not know your replacement ratio, call your LGU or SWCD office fa
assistance. Plrolocopy charifor more weN®rat repiacemmnts, ifnerded)
DESCRIPTION OF REPLACEMENT WETLANDS
Identify
Watershed
County
Section,
Wetland
Type(s) of replacement credits
Restored
Wetland
name or
Township,
Plant
acres
(in or square feet)
or
replacement
number
Community
created?
site
(if known)
Range
Type'
New Wetland
Public Value
Indicate
(as noted on
Bank Service
Credits (NWC)
Credits (PVC)
R or C
overhoad view)
Area
Name of
7
Carver
First--------------
------------- ----
- -------------------
-----------
replacement
site--------------
--------------------
-----------------------
---------
Name of
Second-------
------
----- ---------- —
--------------------
-----------
replacement
site---------------
--------------------
---------------------
-----------
If you are identifying only one wetland type within a given wothurd impact area, use the
first dated line end leave Rae others blank If you have chosen to identify more than one TOTAL NWC TOTAL P VC
wcllasd type within a given wetland impact area, use the extra dolled lines to indicate each
separate wetland type, and identify predominant vegetation and size of impacted arcs for REQUIRED REPLACEMENT RATIO:
each separate wetland type Within that impact area. (If known)
Welland plant community type: Shatfmv open water: Deep marsh: Shallow Marsh: Sedge meadow:
Fresh wet meadow: \yet to wet music prairie: Calroreane fen: Open bog or coniferous bog: Shrub carr or alder thicket
Hardwood manes or coniferoui swamp: Fksodplaln forest Seasonally flooded basin
See Wetland Plunk and Plant Canunonldes of Mimremin and Wisconsin (Eggers rind Reed, 1997) as modified by the Board of Water and
Sob Resources, United States Army Corps of Euglncers. ,
Minnesota locaVState/Fecl mt Application Forms for WatedWe[land Projects
Page 5
18. ADDITIONAL INFOR.MA'TION REQUIRED FOR PROJECTSPECIFIC REPLACEMENT (Required only if you marked Box Rol Box C in Section 14):
For projects involving at least some project -specific replacement, include the following additional information:
❑ Two drawings to scale of the replacement wetland. include both overhead view and profile (side view or cross-sectionalvviw) a will be� conto sidered Include or Pl ale•
(Instructions, Page 3) for a detailed description of what should be included in these drawings. Without drawings, your Application
❑ For created replacement wetlands, include additional soils information (if available) that indicates the capability of the site to produce and maintain wetland
characteristics.
Note L• For replacement wetlands located on pipeline casements, you need to receive endorsement of your project from both the easement holder and the Minnesota
Department of public Safety's Office of Pipeline Safety. Before start of construction, die owner of any utilities most be notified. The landowner or contractor is
responsible far giving this notice by calling `Gopher State One -Call" at 652-454-0002 (Twin Cities Metro Area) or 1-800-252-I 166 (all other locations).
Note 2: For extensive or complex projects supplementary information may be requested at a later dated from one or more of the responding agencies.
Such information may include (but not be limited to) the following: topographic map, water table mop, soil borings, depth soundings, aerial photographs,
environmental Assessment and/or engineering reports.
19. SIGNEDAFFIRMATION:
FOR PROJECTS INVOLVING REPLACEMENT DV WETLAND BANKING ONLY. To the best of my knowledge and belief all information in Part D is true,
complete and accurate; and I affirm that the wet hind losses will be replaced via withdrawal from an account in the State Weiland Bak.
FOR PROJECTS INVOLVING EITHER PROJECT -SPECIFIC REPLACEMENT ONLY OR A COMBINATION OF IVLT7AND BANKING
AND PROJECT -SPECIFIC REPLACEMENT:
Part A: The replacement wetland. I Affirm that the replacement wetland was not:
Previously restored or created under a prior approved replacement plan or permit; AND
Drained or filled under an exemption during the previous 10 years; AND
Restored with financial assisloace from public conservation programs; AND
Restored wrung private funds, other than landowner funds, unless the funds are paid back with interest to the individual or organization that fimded tare restoration; and
the individual m organization notifies the local goverment unit in %wifing 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 wedand.
❑ An irrevocable bank letter of credit, performance bond, or other acceptable security has been provided to gamntee successful completion of the wetland replacement.
❑ The wetland losses will be replaced via withdrawal Dom an accotmt in the State Wetland Bank.
Part C. For projects involving any project -specific replacement; Within 30 days of either meeiviag approval of this application in beginning work on the project, I
will record the Declaration of Restrictions and Covenants on the dad for the property on which the replacement vvetland(s) will be located; and twill at the same fire
submit proof of such recording to the LGU.
To the best of my knowledge and belief, all information in Part 11 is tore, complete and accurate; and I affirm all statements in Port A and C, as well as
checked awurance(s)in Part B.
Signature or applicant or agent
FOR LGU USE ONLY
Replacement plan is (check one): ❑ Approved
Dole
[]Approved with conditions (conditions attached) ❑ Denied
LGU oj/ido7 slgnahae
Date
LGII has receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Weiland:
Corun0v where recorded Date
Document 4 assigned by recorder
LGU qfflcla7 sfgnahne
IM
Mlnncsora I,ocal/Statr Tedeml Application Forms for WAler/Wetland Projects
Page 6
This Page Left Blank Intentionally
PURCHASE AGREEMENT FOR WETLAND BANKING CREDTTS
Gorman Settlement Welland Bonk, LI:C
27496 German Road
Belle Plainc, Minnesota 56011
Officers- Jane Breeggemann, President; She" Kreniz, Treasurer,• Bruce Panning, Secretary
Agent; Michael B Whitt, Ptofessional Welland Scientist, trine@wetlandwildllfeconsulting.com, 612-250-0131
Richard and Sheer Krenm Randy QideAborg and Jane Bmeggemann, Panning Family �Partnershlp:
Owners. husband and wife hwband and w je Deborah Hart, Brae Panning,
and San&a,Panning
TWS AGREEMENT is made this January 9, 2014 between German Settlement Weiland Bank, LLC
(SELLER) and Carver County, Minnesota. (BUYER).
I. SELLER agrees to sell to BUYER, and BUYER agrees to buy from SELLER, the wetland banking
credits (CREDITS) listed in CREDITS TO BE SOLD (below).
2. SELLER represents and warrants as follows:
a. The CREDITS are deposited into account 1175 in the Minnesota Wetland Bank administered by
the Minnesota Board of Water and Soil Resources (BWSR) pursuant to Minnesota Rules Chapter
8420 0700 to 8.420,0760 AND U.S. Army Corps of Engineers, St. Paul District policy.
b. SELLER is an account holder in good standing
c. SELLER owns the CREDITS and has the right to sell the CREDITS to the BUYER
3. BUYER will pay a total of $4,835.10 for the CREDITS as follows:'
a. $0 as earnest money to be paid to the SELLER when this agreement is signed;
b. $7,187 tv be paid to the SELLER on the Closing Date; and
c. $467.16 to be paid. to the Board of 'Water and $oil Resources on the Closing Date.
Credit
Sob -Croup
$wc40
Cost per
SgaoYp,Foot
Wetland Type
Topographic
Setting
Cost
A
7,187
1.60
3
Tributary
$7,187
......_
BWSRFee
$467.16
Total
7,187
$7,654.16
4. The closing of the purchase and sale shall occur on, or before, April 30, 2014. Postponement of the
- Close Date shall be agreed to by both patties in writing, and failure to close voids this' agreement.
5. BUYER has applied or will apply to the .Local Government Unit where the wetland impact is proposed to
occur. It will be the BUYER'S responsibility to obtain all necessary approvals and signatures on the
form, Application to Wiihdraw Welland Credits, and to bring that form to the closing. If the LOU has
not approved the BUYER'S application for a replacement plan utilizing the CREMIS'by the Closing
Date, and no postponement of the Closing Date has been agreed to by BUYER or SELLER in writing,
then either the BUYER or SELLER may cancel this Agreement by giving written notice to the others. In
this case, the SELLER will return the BUYER'S earnest money. If the LOU approves the replacement
plan but the BUYER fails to proceed on the Closing Date, then the SELLER may retain tt d eiunest
money as Iiquid�ated damages.
�
gna[ure ot$ELUA Da[e
This Page Lek Blank Intentionally
Application for Withdrawal of Wetland Credits
from the Minnesota Wetland Bank
1. Credit User
To be completed by the person or entity proposing to use the wetland credits.
Name: Lyndon Robjent, Public Works Director
Organization (if applicable): Carver County
Street Address: 11360 Hwy 212, Suite 1
City, State, Zip: Cologne, MN 55322
Phone: (952) 466-52 E-Mail Address: Irobjent@oo.carver.mn.us
2. wetland Impact Information
To be completed for the project with wetland impacts that this withdrawal is intended to replace.
Project Name: SOUTHWEST RECONNECTION PROJECT: HIGHWAY 611101 FLOWetland Impact Size (acres): 0.00
County of Impact: Carver
Impact Major Watershed #: 9
Impact Bank Service Area: 33
LGU File # (if applicable):
Comments:
By signature below, the proposed
application and has received approv
Credit User Signature:
Replacement Ratio: 2:1
Total Replacement Required (acres): 0.16
U.S. Army Corps Permit # (if applicable):
attests that he/she owns or has purchased the credits identified in this
able regulatory authority(ies). 2
Date:
3. Regulatory Approval/ orization
By signature below, the identified agency and authorized representative hereby certify that they have: a) verified that the subject
wetland credits are deposited in the account of the owner/seller, b) approved a wetland replacement plan or similar agreement under their
jurisdiction, and c) approve the proposed use of the wetland bank credits described herein.
WCA LGU/Agency:
LGU Representative:
E-mail address':
Signature:
Date:
(for NRCS, USACE, etc. if applicable)
Agency Name/Location: E-mail address':
Representative: Signature: Date:
*Confirmation will be e-mailed when transaction is complete.
BWSR Application for Withdrawal of Wetland Credits form Rev 10/3/2013
Page 1 of 2
Application for Withdrawal of Wetland Credits
from the Minnesota Wetland Bank
4. Withdrawal Information
Bank Service Area: 9
To be completed by seller of credits (account holder).
Account Number: 1175 County: Scott
Credit Subgroup
Letter
Plant Community Type
Cost per Credit
(ate)
Number of Credits to
be Withdrawn (acre)
acre--ft2/43560
Cost of Purchased
Credits
(coat Per credit x number of credits)
B
Tributary
$43560.00
0.1650
$7137.40
$0.00
$0.00
$0.00
TOTAL
0.1650
$7187.40
Enter County Fee
Table: www.bwsrstatemn.ustweflands/20113 Fee Schedule.odf from Table (county of 6.5% of sale price
sellers bank)______
2995.00
Transaction Fee (choose either amount) I County Fee I $ 467.18
$ 494.18
Attach check payable to Minnesota Board of Water and Soil Resources.
By signature below I seller and holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank certify that:
1) The credits described in this application have been sold to the credit user or will be used for my own project;
2) 1 have received payment in full from the buyer (if applicable);
3) The credits described in this application have not been sold or used in any way to mitigate wetland losses other than for the project
and location identified in the wetland impact information block on the previous page;
4) The credits described in this application should be Withdrawn from my account; and
5) 1 will not have a negative balance of credits after the subject credits are debited from my account
Seller Name (print):
Seller Signature:
Seller e-mail':
Date:
1. The account holder of the credits is responsible for submittal of this form, containing signatures, to the BWSR Wetland Bank
Administrator so the affected account can be properly debited.
2. No impacts to any wetland or other water resource may commence until the credits have been debited and a copy of this form
With stamped debit date has been received by the regulatory authority(ies), the account holder, and the credit user.
When this form is completed and all required signatures are obtained, send with the fee check to:
Wetland Bank Administration
Minnesota Board of Water and Soil Resources
520 Lafayette Road North
Saint Paul, MN 55155
BWSR Application for Withdrawal of Wetland Credits Form Rev 10/3/2013
Page 2 of 2
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address—P.O. Box 147, Chanhassen, MN 55317
Phone: (952)227-13001Fax: (952)227-1110
Date
CITY OF WHASSEN
APPLICATION FOR DEVELOPMENT REVIEW
6PDay Review Deadline: Q't-(5 0 q Planner. "- 4
❑
Comprehensive Plan Amendment .........................
$600
❑
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-Famity Residence..$325
❑
All Others .........................................................
$425
❑
Grading z 1,000 cubic yards ...........................
UBC
❑
Rezoning
❑
Planned Unit Development (PUD)..................$750
❑
Minor Amendment to existing PUD.................$100
❑
All Others.........................................................
$500
❑
Sign
Plan Review ........................ _................. ........
$150
❑
Site Plan Review
❑
Administrative .......................... ............... _.......
$100
❑
CommerciaUlndustrial Dlstricts'......................$500
Plus $10 per 1,000 square feet of building area
'Include number of eldsting employees:
end number of new employees:
❑
Residential Districts. ........................................
Ii
Plus $5 per dwelling unit
❑ Subdivision
ca"k..PC 4201y'10
❑ Create 3 lots or less ....................................... $300
❑ Create over 3lots ....................... $600 + $15 per lot
❑ Metes BBounds ......................... $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 applicalions through the
development contract.
❑ Vacation of Easements/Right-of-way ................... $300
(Additional recording fees may apply)
❑ Variance ................. ............................................. $200
❑� Welland Alteration Permit
❑ Single -Family Residence .......... _................... $150
❑ All Others ....................................................... $275
❑ Zoning Appeal ...................................................... $100
❑ Zoning Ordinance Amendment ............................ $500
NOTE: When multiple applications are processed concurrently,
the epproprlata fee shall be charged for each application.
(Refer to the appropriate Application Chec0st /a required subminal
Information that must accompany this application)
ADDITIONAL REQUIRED FEES:
❑ Notification Sign ................................................... $200 TOTAL FEES: $ CYJf�Uc�
(city to install and remove)
❑ Property Owners' List within 500......... $3 per address Received from:
(City to generate- fee determined at pr"ppikation meeting)
❑ Escrow for Recording Documents.. $50 per document Date Received: Check Number:
(CUP/SPRNACNARIWAP/Mews Q Bounds Subdivision)
Section 2: Required Information
Project Name: Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project
Property Address orLoceflon: .mawmoraa.+en•cawat�au�a.a.eeacr..kp�n.baaor•«..adm.r.H.tatre+w,.•mo•.
Parcel #:
Legal Description:
Total Acreage: 4.9e (proposed Impact) Wetlands Present? ® Yes ❑ No
Present Zoning: Agricultural Estate (Az), and Fringe District (BF). Requested Zoning: No change.
Present Land Use Designation: a'a"fe A '"e" Requested Land Use Designation: No change.
Existing Use of Property: Transportation
Description of Proposal:
❑ Check box if separate narrative is attached
ApplicantSection, 3: Property Owner and
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. 1
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name: Lyndon Robjent, P.E., Carver County Engineer/Public Works Director Contact:
Address: 11360 Highway 212, Suite 1 Phone: (952) 466-5200
City/State/Zip: Cologne, MN 5532 Cell:
Email: Irobjent@co.carver.mn Fax: (952)466-52 3
Signature: Date:
PROPERTY OWNER: In sigrri Is application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Signature: Date:
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: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Section 4: Notification Information
Who should receive copies of staff reports? 'Other Contact Information:
❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name:
Applicant Via: 2 Email ❑ Mailed Paper Copy Address:
❑ Engineer Via: []Email ❑ Mailed Paper Copy City/State/Zip:
❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
Date: March 4, 2014
To: Development Plan Referral Agencies
From: Planning Department
Review Response Deadline: March 7, 2014
By: Krista Spreiter, Natural Resources Technician
952-227-1173 kspreiterna,ci.chanhassen.mn.us
Subject: Highway 101 Minnesota River Crossing and CSAH 61 Improvements Project — Request for
Welland Alteration Permit for proposed roadway reconstruction and improvements of CSAH 61 and
Highway 101 crossing of the Minnesota River. Applicant: Carver County
Planning Case: 2014-10
The above -described application for approval of a land development proposal was filed with the Chanhassen Planning
Department on February 14, 2014. The review period ends on April 15, 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, 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 March 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 March 7,
2014. 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
L Water Resources Coordinator
g. Forester
2. Carver Soil & Water Conservation District -
Chip Hentges
3. MN Dept. of Transportation
4. MN Dept. of Natural Resources -Jack Gleason
& Brooke Haworth
5. U.S. Army Corps of Engineers -Melissa Jenny
7. Carver County
a. Engineer
b. Environmental Services -Paul Moline
8. Watershed District
a. Riley -Purgatory -Bluff Creek
(Claire Bleser)
b. Lower Minnesota River
c. Minnehaha Creek
9. Telephone Company (Qwest)
10. Electric Company (MN Valley)
11. Mediacom
12, CenterPoint Energy Minnegasco
6. U.S. Fish & Wildlife -Gerry Shimek