Loading...
MN WCA Notice of Decision 12-13-201011,6 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGU) Address City Of Chanhassen 7700 Market Boulevard, PO Box 147 Chanhassen, MN 55317 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Carver County TH 41 Underpass Trail Application Number 11/18/2010 2010 -02 ® Attach site locator map. Type of Decision: ® Wetland Boundary or Type ❑ No -Loss ❑ Exemption ❑ Sequencing ❑ Replacement Plan ❑ Banking Plan Technical Evaluation Panel Findings and Recommendation (it ❑ Approve ® Approve with conditions ❑ Deny Summary (or attach): Data forms describe disturbed soil conditions in the remarks, but indicate "normal circumstances" and no disturbance at the beginning of the form (form for Area B for example). This is conflicting data on the same form. None of the forms indicate landform, local relief, slope, soil unit, or NWI class for the sample point location. This information should be included on the form as it provides important context for the observations. In some cases, some of this missing information is provided in the remarks section, but in other cases it is not provided at all. Although these comments may have no bearing on the delineated boundary, TEP member Ken Powell, BWSR, recommend they be rectified prior to final approval. John Gleason, Minnesota DNR, stated that the trail alignment is in close proximity to two DNR Public Waters, Lake Minnewashta (10 -09P) and unnamed wetland (10- 132W). Placing fill into a public water of the state for trail construction is prohibited. The OHW for these basins are 944.5 (10 -09P) and 995.8 (10 -132W) datum NGVD 1929. The trail will have to be constructed where the ground surface elevation is currently above the OHWs. The proposed retaining wall also needs to be constructed above 995.8, as a retaining wall is not permitted below the OHW. If that is not feasible, the proposer will need to look at alternatives such as a bridge or alternate alignment. 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: December 13, 2010 ❑ Approved ® Approved with conditions (include below) ❑ Denied LGU Findings and Conclusions (attach additional she as necessary): The City of Chanhassen has reviewed the delineation report prepared and provided by SRF Consulting Group, Inc. Sixteen wetlands were originally delineated and identified as wetlands on site, as a part of this report. After the TEP reviewed the delineation, three of these originally identified wetlands were confirmed by the TEP to be stormwater ponds constructed in wetlands and therefore outside the jurisdiction of the Wetland Conservation Act. One of the remaining 13 identified wetlands was also later delineated as two cells; the northernmost cell confirmed as wetland, and the southern cell identified as a stormwater pond constructed in uplands. As the LGU responsible for administration of Minnesota R. 8420, we concur with the delineated boundaries as shown and described within the report. As LGU, we concur with the wetland types identified in section 5.0 of the wetland delineation report submitted by SRF dated November of 2010 and given the project number: SRF #: 7068 and included with this notice. BWSR Forms 11 -25 -09 Page 1 of 3 This concludes our review, and the delineation is to be considered approved with the following conditions: 1. The City does require that all delineated boundaries be submitted as an electronic file in either *.shp or *.dwg format. 2. The discrepancies pointed out be BWSR shall be clarified. This review applies only to that area defined by a potential trail corridor and is not intended to imply that this is the full extent of wetland within Carver Park. For Replacement Plans using credits from the State Wetland bank: Bank Account # Bank Service Area County Credits Approved for Withdrawal (sq. ft. or nearest .01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For project - specific replacement that is not in- advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑ Deed Recording: For project - specific replacement, evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LCU Anthnri7.ed S ionatnre: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU upon request. Name Title Terry Jeffery Water Resources Coordinator Signatu e — Date Phone Number and E -mail 12/14/2010 952- 227 -1168 tjeffery ci.chanhassen.mn.us THIS DE qSIN ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: BWSR Forms 11 -25 -09 Page 2 of 3 Check one: ® Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. Send petition and $ fee (if applicable) to: petition and $500 filing fee to: Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 4. LIST OF ADDRESSEES ® SWCD TEP member: Greg Graczyk ® BWSR TEP member: Ken Powell ❑ LGU TEP member (if different than LGU Contact): ® DNR TEP member: John "Jack" Gleason ❑ DNR Regional Office (if different than DNR TEP member) ® WD or WMO (if applicable): Minnehaha Creek Watershed District ® WD or WMO (if applicable): Riley- Purgatory Bluff Creek Watershed District ❑ Applicant and Landowner (if different) ® Members of the public who requested notice: Jeffrey Olson, SRF Consulting Martin Walsh, Parks Director, Carver County Parks and Recreation ® Corps of Engineers Project Manager ❑ BWSR Wetland Bank Coordinator (wetland bank plan decisions 5. MAILING INFORMATION ➢For a list of BWSR TEP representatives, see: www.bwsr. state .mn.us /aboutbwsr /workareas /WCA areas.pdf ➢For a list of DNR TEP representatives, see: www.bwsr.state.mn.us /wetlands /wca/DNR TEP contacts.pdf ➢Denartment of Natural Resources Regional Offices: NW Region NE Re Central Region Southern Region Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources 2115 Birchmont Beach Rd. 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South NE Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 Bemidji, MN 56601 For a map of DNR Administrative Regions, see: http: / /files.dnr.state.mn.us /aboutdnr /dnr regions.pdf ➢For a list of Corps of Project Managers, see: viww.invD.usace.armv. mil /reaulatory /default.asD ?na2eid =687 or send to: ➢Dept. of the Army, Corps of Engineers, St. Paul District ATTN: CO -R, 190 Fifth Street East St. Paul, MN 55101 -1638 ➢For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: ® Figures 2A — 3B of SRF Report ® Section 5.0, Table 3 of SRF Report El BWSR Forms 11 -25 -09 Page 3 of 3 Noble Rd 0 � do s° Oal.sr c ` d a c Smithtown Rd Sm�thjOWa Rd�' Gillette G' j g V a Echo Rd 3 7 m o Academy A O Shorewood Park St l°, F a YelbwaO11e Tr z �� � P O a o L r a M -354 Ba Y Rd Project Location innetonka West Middle School Proposed Retaining Walls Lake Minnewashta Proposed Pedestrian J� Underpass Jlinnewashta s A ;ional Park r SO z i 0 x L V Yi GUO t1�o� l �RVERCOUN Y char�hasse'n to z m or f _ o 0 1,000 2,000 O Proposed Trail Alignment � Proposed Retaining Wall Existing Trail - Feet Ca d Trail Project SP 1 Carver Figure 1 ® Delineated Wetland Boundary _ - — Figure 2A Carver County TH41 Underpass and Trail Project Carver Courny, Minnesota O x 3 w3 tl w w3- 5 '� if �.I/ �s�'► n_3, shad of t 1 ,♦ 1° °! wt0t t rt ?+ rI' re r .: A i r•__ M 2 22 8 22.9 �'1 _ 3 w9 6 3nd �' ,•� "�1' / .r ., w1111wei w22 - w22 1n • 4 , w9 5 w,3 -B •��x,. w114 w22 X 11 w13 -7 •, M w112 w22 3 " w22) k w12 -10eM w11 -5 w11't1 "up 22.12 d •' 9 4 w93 9 -1 �J_ <•. r r �� end I dKch l +Ir' Mkt w12 -2 w125 1 �, w127 t .. °I v 4 yr <A - _ � �. :� � �i. � �'_ ' _'r I ' .¢�, s - cps su<vny pw. ' - UM,5k1UCllal1 tM1145 _ Uoliiwnled WWtdxl kla[xlnrroa Aren A w2 -1 -s1 WW Undr Ilya. Sots w8-3 wB -Bend ! Nnaami WcUn,d lnvamuiy _ w8T1 skin ' we -2 o isa NO MEE- 4 ' Delineated Wetland Boundary Figure 2B Carver County TH41 Underpass and Trail Project Carver County, Minnesota f�' n n C ry 7 C 0 � C 3� m = n 'o d m n m 3 CD a T C 3� N A O � d � J CL m m N N d J n d o 2 co C CD W co 5.0 Conclusions We conclude that during the field delineation effort conditions were on the wet side of normal based on analysis of three months of antecedent precipitation data and longer data sets ( days antecedent). Table 3, below, summarizes our assertions concerning potential jurisdiction of WCA, DNR (Public Waters and Public Waters Wetlands), and the Army Corps (Section 404 of the Clean Water Act). Confirmed jurisdictions will be verified during the permitting process. Table 3 S f Potential Jurisdiction and Impacts for "Delineated Wetlands" and "Areas" ummary o Wetland # Likely Corps DNR Within Scope Meets criteria Wetland (Wetland Jurisdictional? Jurisdiction? of WCA? for 3 wetland footprint Type *) (Assumes Final parameters? Impacts (ac) Corps Jurisdictional Determination) W -1 See "Area A" -- -- '- "- -- below. W -2 Yes No Yes Yes (Type 1L/ (hydrologically PFO1A and connected to PEMA/ W -9 and Floodplain ultimately to Forest and Lake Seasonally Minnewashta Flooded Basin) via surface water conveyances) W -3 No (isolated No No (ditch Yes -- hydrologically, constructed in ditch uplands) constructed in uplands) W -4 No (isolated No Yes(northern Yes (Type 3 /PEMC/ hydrologically) cell); No Shallow (southern cell - Marsh) stormpond constructed in uplands) W -5 Yes (fringe of Yes, below Yes Yes (Type 6/ small body of OHW elevation PSS1C/ Shrub- open water) of 995.8 feet Carr) (NGVD 1929) W -6 No (stormpond No No (stormpond Yes -- constructed in constructed in uplands) uplands) W -7 No (isolated No Yes Yes TH 41 Underpass Trail Page 16 Table 3 C..mmnr., .,f Dntontinl hiricdirtinn and Impacts for "Delineated Wetlands" and "Areas" Wetland # Likely Corps DNR Within Scope Meets criteria Wetland (Wetland Jurisdictional? Jurisdiction? of WCA? for 3 wetland footprint Type *) (Assumes Final parameters? Impacts (ac) Corps Jurisdictional Determination) (Type 11- and hydrologically) 2/ PFO1A and PEMB/ Floodplain Forest and Wet Meadow) W -8 No (isolated No Yes Yes (Type 2/ hydrologically) PEMB/ Wet Meadow) W -9 Yes No Yes Yes (Type 6/ (hydrologically PSS1A/ Shrub- connected to Carr) Lake Minnewashta via surface water conveyances) W -10 No (isolated No Yes Yes (Type 2/ hydrologically) PEMB/ Wet Meadow) W -11 Yes No Yes Yes (Type 2/ (hydrologically PEMB/ Wet connected to Meadow) Lake Minnewashta via surface water conveyances) W -12 No (isolated No Yes Yes (Type 2/ hydrologically) PEMB? Wet. . Meadow) W -13 No (isolated No Yes Yes (Type 2/ hydrologically) PEMB? Wet Meadow) W -20 Yes (fringe of Yes, below Yes Yes TH 41 Underpass Trail Page 17 Table 3 d"mmnry of antantial loirkdirtinn and Imnacts for "Delineated Wetlands" and "Areas" Wetland # Likely Corps DNR Within Scope Meets criteria Wetland (Wetland Jurisdictional? Jurisdiction? of WCA? for 3 wetland footprint Type *) (Assumes Final parameters? impacts (ac) Corps Jurisdictional Determination) (Type 1L and Lake OHW elevation 1/ PF01A and Minnewashta) of 944.5 feet PEMA/ (NGVD 1929) Floodplain Forest and Seasonally flooded basin) W -21 No (isolated No Yes Yes (Type 6/ hydrologically) PSS1C/ Shrub - Carr) W -22 Yes No Yes Yes (Type 2/ PEMB/ wet meadow) Area A No (ditch No No (created in No -- -- created in uplands) uplands) Area B No (ditch No No (created in No -- -- created in uplands) uplands) Area C No (ditch No No (created in No -- -- created in uplands) uplands) Area D No (ditch No No (created in No -- -- created in uplands)s uplands) Area E No (ditch No No (created in Yes -- -- created in uplands) uplands) Area F No (ditch No No (created in Yes -- -- created in uplands) uplands) Area G No (ditch No - No (created in Yes -- -- created in uplands) uplands) Area H No (ditch No No (created in Yes -- -- created in uplands) uplands) TH 41 Underpass Trail Page 18 Table 3 c...,,., mmr nf Dntantial Inricdirtinn and impacts for "Delineated Wetlands" and "Areas" Wetland # Likely Corps DNR Within Scope Meets criteria Wetland (Wetland Jurisdictional? Jurisdiction? of WCA? for 3 wetland footprint Type *) (Assumes Final parameters? impacts (ac) Corps Jurisdictional Determination) Area I No (ditch No No (created in Yes -- -- created in uplands) uplands) Area J No (ditch No No (created in Yes -- -- created in uplands) uplands) Area K No (ditch No No (created in Yes -- -- created in uplands) uplands) * Wetland Type: (Circular 39/ Cowardin/ Eggers and Reed) TH 41 Underpass Trail Page 19