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_B-1. Avienda WCA Staff Report01 DIVA 0)k� 1 u CITY OF CHANHASSEN Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow TO: Todd Gerhardt, City Manager FROM: Paul Oehme Director of Public Works/City Engineer Andi Moffatt, WSB & Assoc. Env. Planning & Natural Resources Group Mgr. DATE: December 18, 2017 Ci� SUBJ: Wetland Conservation Act Review of Avienda PROPOSED MOTION "The City Council approves the WCA replacement application and sequencing flexibility with conditions for the Avienda project." City Council approval requires a simple majority vote of the City Council present. The City of Chanhassen is the Local Government Unit (LGU) for the Wetland Conservation Act (WCA). Outlined below is the review and findings of the Avienda WCA application. The City as the LGU for WCA must ensure that the applicant has met the requirements of Minnesota Rule 8420. The applicant must demonstrate to the LGU that the plan complies with the WCA. The only rule being evaluated with this review is the Wetland Conservation Act rule. A. OVERVIEW OF PROJECT Level 7 Development, LLC, has applied for a WCA permit with the City of Chanhassen as the LGU for the WCA for the proposed Avienda project. The project is a 115 -acre development project for a Regional Lifestyle Center. The developer is proposing to impact 4.5878 acres of WCA regulated wetland. There is also 1,429 square feet of waterway impact, but this is not regulated by WCA as it is not a WCA wetland. Wetland mitigation is proposed through the purchase of wetland bank credit. Three banks and one back-up bank have been identified. These banks are within the same Bank Service Area (BSA) as the project. Items in underline have been attached to this memo. Other items are available upon request. 1. Applicant submitted an application February 15, 2017 with preliminary stormwater modeling information on February 21, 2017. 2. City determined the application was incomplete on March 10, 2017. This determination was reviewed with the applicant on March 9, 2017. (WSB Memo dated March 10, 2017). PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt WCA Review of Avienda December 18, 2017 Page 2 3. Applicant submitted revisions on March 14, 2017. (Kjolhaus memo dated March 14, 2017). 4. City determined the application was complete on March 17, 2017. A Wetland Conservation Act Notice of Application (NOA) was sent to the Technical Evaluation Panel (TEP) on March 17, 2017. While the application was technically complete, the NOA and Application checklist indicated that the applicant may want to provide additional supporting information to allow the LGU to review the application for conformance with WCA (WCA Notice of Application dated March 17.20171. 5. The first 60 -day timeline ended May 13, 2017. The LGU extended that timeline in writing for 60 additional days. The LGU indicated that if the applicant wanted to extend the timeline again, the City needed this extension in writing. The following summarizes the subsequent extensions. Date of Extension Notice Date Extension Expires First 60 -Day Timeline May 13, 2017 Second 60 -Day Timeline — April 21, 2017 July 12, 2017 June 19, 2017 September 10, 2017 September 6, 2017 October 10, 2017 October 3, 2017 December 10, 2017 November 20, 2017 February 8, 2018 6. On June 5, the applicant submitted information to the US Corps of Engineers (COE) and copied the City in response to the COE comments. (Kjolhaus memo dated June 5, 2017 with attachments). 7. The TEP, city staff, applicant, and staff from Riley -Purgatory -Bluff Creek (RPBCWD) met on July 11, 2017 to review the application and project. (The TEP includes staff from the Board of Water and Soil Resources (BWSR), the Soil and Water Conservation District, and the LGU. The purpose of the TEP is to provide guidance on WCA items, if requested by the LGU to do so). As a result of that meeting, information was clarified by the applicant. The LGU and TEP indicated they were still awaiting other information. The meeting notes from that meeting are attached. (WSB Memo Dated July 21, 2017 and Revised August 1, 2017 to reflect review and comment of the meeting attendees The applicant submitted additional information to the City on October 9, 2017 with revised project plans. The project proposes to impact 4.5878 acres of wetland (This is a reduction of 0.309 acres of impact from the original application). (Kiolhaug memo dated October 9, 2017). Todd Gerhardt WCA Review of Avienda December 18, 2017 Page 3 Table 1. Summary of Proposed Wetland Impacts Wetland Number Wetland Type Wetland Acreage Impact Acreage (fill and excavate Fill or Excavate Wetland Management Class Wetland 1 1,3 1.1001 1.1001 F Manage 2 Wetland 1/2 1,2 0.1860 0.1860 F Manage 2 Wetland 2 1, 2, 5 2.2569 2.2569 F Manage 2 Wetland 3 1 1 0.6696 0 NA Manage 2 Wetland 4 1 0.1253 0 F Manage 2 Wetland 5 1 0.3483 0.3483 F Manage 3 Wetland 6 1 0.5302 0.4986 F Manage 2 Wetland 6 1 0.2514 0 Manage 2 Wetland 7 1 0.0150 0.0150 F Manage 3 Wetland 8 1 0.0844 0.0844 F Manage 3 Wetland 9 1 0.0985 0.0985 F Manage 3 Wetland 10 1 0.0740 0 NA Preserve TOTAL 5.6406 4.5878 9. On October 26, 2017, the applicant submitted a revised application to the COE pertaining to reduced jurisdictional status of the COE wetlands as well as reduced wetland impacts. This submittal contained the grading plan which also informed the WCA review. (Kiolhaug memo dated October 26, 2017). 10. On November 20, 2017, the applicant submitted a request and supporting information for sequencing flexibility within the WCA rules. This submittal, along with the October 9, 2017 memo responding to the TEP meeting from July and a memo dated June 5, 2017 responding to COE comments, was provided to the TEP and others for review and comment on November 20, 2017. Revised stormwater modeling and analysis accompanied this memo. (Kiolhaug memo dated November 20, 2017; Draft Stormwater Management Plan — DP5.5 dated November 20, 2017). 11. On November 30, 2017, members of the TEP and City staff met to review the sequencing flexibility request. At this meeting, the TEP reviewed and discussed that the applicant appeared to meet the sequencing flexibility in WCA and acknowledged that the project was still out for comments and the stormwater review was still pending from the City. An email from BWSR staff is attached to this memo that documents BWSR's comments on the application and that they support the sequencing flexibility application. (Email dated December 1, 2017 from Ben Carlson, BWSR TEP member). 12. A revised draft stormwater management plan and model was provided for review on December 11, 2017 based on questions from WSB & Associates during the review period. Todd Gerhardt WCA Review of Avienda December 18, 2017 Page 4 13. Comments were received from the RPBCWD on December 7, 2017. (Riley-Purgatory- Bluff Riley-PurgatoryBluff Creek letter dated December 7, 2017). 14. A response from the applicant was received on December 13, 2017 in response to RPBCWD comments. (Larkin Hoffman memo dated December 13, 2018). B. WCA REVIEW AND FINDINGS 1. Wetland Boundary, Type and Classification: The LGU reviewed the wetland delineation, typing, and MnRAM classifications. This information is summarized below. The LGU and TEP concurred with the wetland delineation, wetland typing, and Minnesota Routine Assessment Method (MnRAM) classifications as noted below and in the application. Table 2. Wetland Type and Management Classification Summary Findings: The LGU and TEP concur with the wetland boundary, type, and management classification as outlined in the current application and summarized in the Table 2. 2. Sequencing Flexibility The applicant has requested sequencing flexibility pursuant to Minnesota Rules 8420.0520 Subp 7a. Flexibility in application of the sequencing steps (i.e. avoid and minimize impacts) may be allowed at the discretion of the Local Government Unit 2016 Application City's Plan 2014 Report Cowardin Circular' Management 39 Class Management Class Cowardin Circular 39 Wetland 1 PEMAd Tl M2 M2 PEMB T2 PEMCd T3 Wetland 2 T5 M2 - - - M2 PEMB T2 T4 -- —�-�— _PUBG PEMBd PEMAd — T2 Tl PUBFx Wetland 3 PEMA Tl M2 M3 PEMB T2 Wetland 4 PEMAd Tl M2 PEMB T2 Wetland 5 PEMAd Tl M3 PEMA Tl Wetland 6 PEMAd Tl M2 M2 PFOlA Tl Wetland 7/8 PEMAd Tl M3 Wetland 9 PEMAd Tl M3 Wetland 10 PF01A Tl P Findings: The LGU and TEP concur with the wetland boundary, type, and management classification as outlined in the current application and summarized in the Table 2. 2. Sequencing Flexibility The applicant has requested sequencing flexibility pursuant to Minnesota Rules 8420.0520 Subp 7a. Flexibility in application of the sequencing steps (i.e. avoid and minimize impacts) may be allowed at the discretion of the Local Government Unit Todd Gerhardt WCA Review of Avienda December 18, 2017 Page 5 subject to one of the following conditions. If sequencing flexibility is allowed, the requirements of MR 8420.0520 Subp 1-7 that require specific avoidance and minimization criteria do not apply. Below is a review of whether the applicant has met one of these conditions to be eligible for sequencing flexibility. Subpart 7a. A.1. Sequencing flexibility can be allowed by the LGU if the wetland impacted has been degraded to the point where replacement of it would result in a certain gain in function and public value. Findings: A MnRAM assessment is a State approved method for evaluating the functions and values of wetlands. Based on the results of a MnRAM assessment, wetlands are classified as Preserve, Manage 1, Manage 2, or Manage 3, with the highest functions and values in the Preserve category and the lowest functions and values in the Manage 3 category. The MnRAM assessment has been completed for the on-site wetlands as well as the proposed wetland bank wetlands, which are proposed for wetland mitigation. The on- site wetlands have been degraded from agricultural activities and apparent manipulation such as grading (as evidenced from the aerial photos). The on-site wetlands are Manage 2s and 3s as noted in the Table 2 above. The MnRAM assessments of the wetland bank sites show that the proposed wetland replacement is of better function and value than wetlands proposed to be impacted. The wetland bank sites are ranked as Preserve. The TEP concurred that based on the MnRAM assessments, the replacement wetlands would result in a gain in function and value within the same Bank Service Area (BSA). This meets the requirements of WCA so sequencing flexibility is met. While the WCA requires wetlands to be replaced in the same Bank Service Area and the project meets this requirement, the city acknowledges lost functions and values within the City of Chanhassen. Therefore, the city is requiring an escrow of $300,000 to fund a future wetland/water quality project within the city in the Riley Purgatory Bluff Creek Watershed. Three projects at this time have been identified to use these funds: 1. Iron enhanced sand filter bench at Lake Susan 2. Water reuse project at Lake Susan 3. Land acquisition for future wetland improvements at the Northwest corner of Highway 101 and Pioneer Trail Subpart 7a.A.2. Sequencing flexibility can be allowed by the LGU if avoidance of a wetland would result in severe degradation of the wetland's ability to function and provide public value. This could occur if surrounding land uses or implementation of BMP's cannot reasonably maintain the wetland's ability to provide functions and values. Todd Gerhardt WCA Review of Avienda December 18, 2017 Page 6 Findings: While some information related to the difficulty to maintain the existing function and value of the on-site wetlands was alluded to in the original application (Page 19 of January 12, 2017 application), the applicant has not supplied further documentation regarding this item. Therefore, this item does not apply. Subpart 7a.A.3. Sequencing flexibility can be allowed by the LGU if the only feasible and prudent upland site available for the project or replacement has greater ecosystem function and public value than the wetland. This may be appropriate only if the applicant demonstrates impact minimization to the wetland agrees to perpetually preserve the designated update site, and completely replaces the impacted wetland's functions and values. Findings: There is a 20 -acre high quality wooded area within the Bluff Creek Overlay District (BCOD) in the southwest portion of the project site. This area provides ecosystem value to the area by protecting the bluff and providing a high quality, vegetated wooded area that contains a diversity of native vegetation (red and bur oak, sugar maple, basswood, American elm, and black cherry that appear to have not been clear cut based on aerial photos that go back to 1940). The area will be placed into a perpetual conservation easement to preserve it in perpetuity. Additionally, alternatives supplied by the applicant indicate alternative sites either have similar or potentially greater ecosystem impact. The TEP concurred with this finding and this project meets the requirements of WCA for sequencing flexibility for this subpart. Subpart 7a.A.4. Sequencing flexibility can be allowed by the LGU if the wetland is a site where human health and safety is a factor. Findings: Health and human safety of the wetlands being impacted is not a factor. This condition does not apply. Subpart 7a.B. Flexibility in the order and application of sequencing standards must not be implemented unless alternatives have been considered and the proposed replacement wetland is certain to provide equal or greater public values. Findings: In the February 15, 2017 documentation, the applicant provides an alternatives analysis that looks at alternative locations within the city as well as alternative configurations for development within the chosen project site. In Sections 5.2 and 5.3 of the Avienda Wetland Permit Application dated January 12, 2017 (and resubmitted February 15, 2017), two avoidance alternatives are provided. One is the no -build and the other is a development plan that avoids wetland impacts. The applicant also provided alternative site alternatives. The Todd Gerhardt WCA Review of Avienda December 18, 2017 Page 7 alternative sites either had similar impacts or greater impacts to wetlands or natural resources. Alternatives have been considered. Regarding the replacement wetland, as stated in B.2 above, the applicant has completed MnRAM assessments of the on-site and replacement wetlands. The information has been reviewed by the TEP. The information indicates that the replacement wetlands will provide greater function and value than the existing wetlands within the same Bank Service Area. The applicant will also provide a $300,000 escrow to fund a future wetland/water quality project(s) within the city. Additionally, the stormwater management plan has been reviewed. Based on the review of the Draft Stormwater Management Plan — DP5.5 dated November 20, 2017, there were questions regarding the nondegradation analysis and the hydrology analysis for some of wetlands. These questions were brought to the applicant and changes were made to the design. Based on the review of the Draft Stormwater Management Plan — DP5.5 dated December 11, 2017, these questions were addressed. This review has taken into account the hydrology impacts and water quality impacts on the remaining wetlands (Wetland 3, 4, and 6) as well as the downstream MnDOT wetlands. Based on the stormwater management plan, the project plan will not negatively impact the remaining on-site or downstream MnDOT wetlands from a hydrological or water quality perspective. It is important to note that this review was based on WCA requirements, and not requirements that may need to be met by other permitting agencies. Therefore, this subpart of the sequencing flexibility has been met. Water Quality and Nondegradation The project area is within the Lake Susan watershed and the Bluff Creek watershed. These receiving waters are listed as impaired and as such need to show the project meets nondegradation standards. While detailed engineering design plans have not been provided, the modeling of the design plans indicates the project will meet the nondegradation requirements. The engineering plans will need to meet the results provided in the model. The data below is based on WSB's review of the model. Todd Gerhardt WCA Review of Avienda December 18, 2017 Page 8 IAKESUSAN City's Non -De uaclationSumanary Proposed Site Information Subwatershe d Max Subwatershe Subwatershe Allowable TSS Subwatershed d Name dArea 2020 Average TSS Subwatershe d Name Subwatershe Subwatershe dMax Subwatershed dArea Allowable Average Flow Estimate of Max Areawithin Allowable PS Surface Subwatershed• Flowwithin Outflow•' [ac] [lbsl [lbs] IS 2-1 [ac] [ao-ft] I [ac -ft per ac] [ac] [ac -ft] [ac -ft] LS 2-2 LS 2-1 28.96 42.1 '1.45 30.7 44.6 57.39 10252 178.64 L52-2 51.03 68.4 1.34 5.4 7.2 39.7 14132.0 356.11 Meeting Requirement LS 2-4 57.39 41.5 0.72 3.6 2.6 TOTALS 39.7 54.5 BAB Meeting Requirement BLUFF CREEK City's Non -De radation Summary Proposed Site Information Subwatershe d Max Subwatershe Subwatershe Allowable TSS Subwatershed d Name dArea 2020 Average TSS Allowable Estimate of TSS within Area within Subwatershe P8Surface Subwatershed•If Outflow TSS•' ac] [lbs] lbs peracl [acl [lbsl [lbs] BC -A5.11 102.15 38263 374.58 50.3 18841.2 BC -A5.2 BLUFF CREEK City's Non -De traclation Summary Proposed Site Information 53.75 13017 242.18 Subwatershe If Name d Max Subwatershe Allowable Subwatershed dArea Flow2D20 Average Flow Estimate of Allowable Area within Flowwithin PBSurface Subwatershed-Subwatershe Outflow-- utflow"[ac] 71 25826.7 522.2 Meeting Re uirement [ac][ac -fry [ac -ft per acl [ac] ac -ft] [ac -ft] BC -A5.11 102.15 148.6 1.45 50.3 73.2 BC -A5.2 1 35.38 49.8 1.41 16.2 22.8 BC -A5.7 53.75 51.6 0.96 4.5 4.3 TOTALS 71 100.3 10.41 Meeting Requirement *Estimates were determined from georeferencing documents into ArcGIS and should not be considered exact " Determined only comparing the surface outflow and using the reported drainage areas from page 8 of the stormwater management plan LAKESUSAN Ci 's Non -Degradation Summary Proposed Site Information Subwatershe d Max Subwatershe Subwatershe Allowable TSS Subwatershed d Name dArea 2020 Average TSS Max Estimate of Allowable Area within 755 within PB Surface Subwatershed"Subwatershe Outflow TSS*' [ac] [lbs] [lbs perac] [ac] [lbsl [lbs] IS 2-1 28.96 10967 378.69 30.7 11625.9 LS 2-2 51.03 17605 344.99 5.4 1863.0 L5 2-4 57.39 10252 178.64 3.6 643.1 TOTALS 1 39.7 14132.0 356.11 Meeting Requirement BLUFF CREEK City's Non -De radation Summary Proposed Site Information Subwatershe d Max Subwatershe Subwatershe Allowable TSS Subwatershed d Name dArea 2020 Average TSS Allowable Estimate of TSS within Area within Subwatershe P8Surface Subwatershed•If Outflow TSS•' ac] [lbs] lbs peracl [acl [lbsl [lbs] BC -A5.11 102.15 38263 374.58 50.3 18841.2 BC -A5.2 35.38 12876 363.93 16.2 5895.7 BC -A5.7 53.75 13017 242.18 4.5 1069.8 TOTALS 71 25826.7 522.2 Meeting Re uirement 'Estimates were determined from georeferencing documents into ArcG15 and should not be considered exact •' Determined onlycomparing the surface outflow and usin thereported drainage areas from page 8 of the stormwater management Ian Todd Gerhardt WCA Review of Avienda December 18, 2017 Page 9 IAKESUSAN Ci 's Non -De radation Summary Proposed Site Information Subwatershe d Max Subwatershe Subwatershe Allowable TSS Subwatershed d Name dArea 2020 Average TSS Max Estimate of Allowable Area within TSSwithin Pe Surface Subwatershed*Subwatershe Outflow TSS** [ac) [lbs] [lbs erac] [ac] [lbs] [lbs] L52-1 28.96 10967 378.69 30.7 11625.9 L52-2 51.03 17605 344.99 5.4 1863.0 LS 2-4 57.39 10252 178.64 3.6 643.1 TOTALS 1 39.7 14132.0 356.11 Meeting Requirement BLUFF CREEK City's Non -De adation Summary Proposed Site Information Subwatershe d Max Subwatershe Subwatershe Allowable TSS Subwatershed d Name dArea 2020 Average TSS Allowable Estimate of TSS within Area within Subwatershe PB Surface Subwatershed*d Outflow TSS** [ac] [lbs] [lbs erac] [ac] [lbs] [lbs[ BC -A5.11 102.15 38263 374.58 50.3 18841.2 BC -A5.2 35.38 12876 363.93 16.2 5895.7 BC-AS7 53.75 13017 242.18 4.5 1089.8 TOTALS 71 25826.7 522.2 Meeting Requirement `Estimates were determined from georeferenci ng documents into ArcG15 and should not be considered exact **Determined only comparing the surface outflow and usin thereported drainage areas from page 8 of the stormwater managementplan LAKE SUSAN City's Non -De radation Summary Pmposed Site Information Subwatershe d Max Subwatershe Subwatershe Allowable TP Subwatershed d Name dArea 2020 Ave rage TP Max Estimate of Allowable TP Area within within PSSurface Subwatershed* Subwatershe Outflow TP** [ac] [lbs] [lbs erac] [ac] [lbs] [lbs] LS 2-1 28.96 36.7 1.27 30.7 38.9 LS 2-2 51.03 59.4 1.16 5.4 6.3 L52-4 57.39 34.8 0.61 3.6 2.2 TOTALS 39.7 47A 4.91 Meeting Require ment BLU FF CREEK City's Non -De redation Summary Proposed Site information Subwatershe d Max Subwatershe Subwatershe Allowable TP Subwatershed d Name clArea 2020 Average TP Allowable TP Estimate of within Areawithin Subwatershe PSSurface Subwatershed*d Outflow TP** [ac] [lbs] [lbs perac] [ac] [lbs] [lbs] BC -A5.11 102.15 128.4 1.26 50.3 63.2 BC -A5.2 35.38 43.1 1.22 16.2 19.7 BC -A5.7 53.75 44 0.82 4.5 3.7 TOTALS 71 86.6 6.9 Meeting Requirement *Estimates were determined from georeferencin documents into ArcGIS and should not be considered exact EV **Determined only com arin the surface outflow and usin thereported drainage areas from page 8 ofthe stormwater management plan Todd Gerhardt WCA Review of Avienda December 18, 2017 Page 10 Hydrology Based on a review of the hydrology impacts (see table below), the project will not significantly alter or negatively impact the hydrology of the remaining on-site wetlands (Wetland 3, 4, and 6) nor the downstream MnDOT wetlands. It should be noted that Wetland 3 is proposed to have a culvert outlet placed at the elevation of the existing wetland (about 921). In practice, the wetland is expected to remain at that elevation or up to one foot above that elevation. Therefore, the project is not anticipated to negatively impact the hydrology of the wetland. Todd Gerhardt WCA Review of Avienda December 18, 2017 Page 11 Discharge Rates Entering wetlands Uisfing Conditions Pro sed Conditions CMn 2- ear X,ar 2- ar 16 ar x b e 16 e xfs Cfa ds es 4h [d,1ar Wetlands am I&N 7.02 19.17 036 am Wetland3 936 19.05 9.H 17. -0107 -1.99 W¢tland4 3163 62.]9 16.01 41] -15.62 -21.58 Downstream wetland 14NWTM9 U57 174.15 56.81 158.25 -2T76 -15.90 DOwnitr¢am W¢dana MNWTMID 2086 5497 20.59 53.65 -0.27 -132 Inflow Volume 6xisti Conditions Proposecconditions on. 2 -year 1DWarar atour M Wedand6 an 1.M 1.46 2.95 TOa2o.� Wedand3 D.74 145 an 1.40 Welland4 3.18 6.06 4.09 6. Down ton.W.dxwMNWTM9 11.84 22.3911 Downsd¢am W¢deM MNWTMIO 9.26 1&41 30.3fi 20.14 1.10 L73 Water Levels Exisdn Conditions Proposed Conditions Change NWL 2- arHWL NWL 2- arML ]b azHWI NWL ? ¢efHWL ] eerHWL Wanted 885.35 585.4] 885.64 am 0.12 0.15 Wedead3 920. 921.09 q9:21.97 920 921.3 921.63 am -0.3 -0.WMIand4 84.03 M71 89403 884. 884]9 am -0.1] -0.13DownstreamWeiland MNWTM9 869.5 8]049 86950 M.49 8]1.33 am am 0.Downstreamwetiand MNWTMIO 891.00 89160 MLW 891.78 892.70 1 OA 0.10 0.14 Bounce Exisdn Conaitions Pm .sed Conditions Chan e 2- a ens 1 aa vent f e 2- earevent ] vent xevent 1 earevent Wetiand6 LM 149 L47 LM 012 0.15 Wetiand3 am Ll] 0.56 0.® -1132 -0.30 Wetland 0.68 an 0.51 D. -0,17 -an DownstreaoWedaea MNWTM9 On 1.79 0.93 LM 0.07 OW Dnwnetreamwedend MNWTMIO 0. LM 0.7 L7d 0.10 0.14 Bounce Duretiona Exietln Conditions Pro see Conditions clan e b earevent 1Dlaaulnaot 2.nevem d arevent 2- earevent ] earevent M hi [hin M1r 11,11 [hit Wetlands 12 13 14 14 2.07 111 Wetlands n 24 23.00 24.00 Wetland4 13 14 B x 6.m sm. Dowmtream Wedana MNDOThM IFOI 2111 211 203 24m 30.00 Downrtream W¢dand MNDOTMIO 194 227 1 233 400 6.m Yriterla used to determine duration: - Start at the time elevation Mos above the NWL - Duration continues until elevation returns to within one tenth of a fee abovethe NWL Todd Gerhardt WCA Review of Avienda December 18, 2017 Page 12 C. RPBCWD COMMENTS AND RESPONSE The RPBCWD provided comments during the comment period for the recent submittal. These comments are attached and responses provided below. Sequencing Application: The District feels that the application is not in conformance with the requirements of sequencing in MR 8420.0520. Response: The applicant has requested sequencing flexibility. Therefore, per the WCA rules, compliance with 8420.0520 Subp 1-7 (sequencing) is not required if sequencing flexibility is met. Sequencing Flexibility: The District disagrees that the project meets the sequencing flexibility requirements. Response: The LGU and TEP met and have determined that the project meets two of the four sequencing flexibility conditions per MR 8420.0520 Subp 7a. Only one of these conditions is required to be met in order for the LGU to grant sequencing flexibility. These findings are outlined in Item B.2 above. The District commented on the location of wetland mitigation in Blue Earth, Stevens, or Rice County. The WCA rules allow for mitigation to be within the same BSA. These mitigation credits are within the same BSA #9 as the wetland impact and therefore meet the requirements of WCA. The District commented on the type of wetland and credit being provided within the banks and that these wetlands (or upland) credit are different than the wetlands impacted. Providing the same type of wetland credit is not a requirement of the WCA. D. RECOMMENDATIONS WITH CONDITIONS Based on the review of the project for conformance with the Wetland Conservation Act, the project meets the requirements for sequencing flexibility and therefore we recommend approval of this application based on these conditions. These conditions must be met before wetland impact can occur: The 20 -acre Bluff Overlay District in the southwest of the project area be preserved in perpetuity through a conservation easement. 4. A $300,000 escrow be provided by the applicant for a future wetland/stormwater improvement project(s) in the city. 5. Complete the Withdrawal of Banking Credits form for LGU review and signature. Todd Gerhardt WCA Review of Avienda December 18, 2017 Page 13 6. Provide proof of withdrawal of the wetland banking credits from the banks once the withdrawal is completed. 7. Engineering plans of the design of the stormwater system that at least meets the outcomes of the stormwater model provided with the WCA application be submitted to the City Engineer for review and approval prior to grading. ATTACHMENTS 1. WSB Memo dated March 10, 2017. 2. Kjolhaug memo dated March 14, 2017. 3. WCA Notice of Application dated March 17, 2017. 4. Kjolhaug memo dated June 5, 2017. 5. WSB Memo Dated July 21, 2017 and Revised August 1, 2017. 6. Kjolhaug memo dated October 9, 2017. 7. Kjolhaug memo dated October 26, 2017. 8. Kjolhaug memo dated November 20, 2017; Draft Stormwater Management Plan — DP5.5 dated November 20, 2017. 9. Email dated December 1, 2017 from Ben Carlson, BWSR TEP member. 10. Riley -Purgatory Bluff Creek letter dated December 7, 2017. 11. Larkin Hoffinan memo dated December 13, 1017 12. Preliminary Plat Approval Requirements gi\ g4WojwsN e�\118117 bkgd w�&w Tmi dd