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Wetland Alteration Permit FofF1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA WETLAND ALTERATION PERMIT #2017-14 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a wetland alteration permit to allow for 4.4659 acres of permanent wetland impacts 2. Property. The permit is for property located within 118 acres bordered on the north by C.S.A.H. 18 (a.k.a. Lyman Boulevard and Powers Blvd on the east within the City of Chanhassen, Carver County, Minnesota, described as follows: (See Exhibit A) 3. Conditions. The Wetland Alteration Permit was approved as shown on the plans dated received January 17, 2017 and subject to the following conditions: • The applicant needs to supply the needed additional information to the city. The additional information is needed to determine if the project meets the WCA requirements. • A Technical Evaluation Panel meeting is needed to review the application. • If the application is deemed to meet the avoidance and minimization criteria of the WCA, a mitigation plan that adequately replaces wetland functions and values is needed. • City Staff has reviewed mitigation options. City Staff recommends the applicant provide wetland mitigation via the purchase of wetland bank credits, at a ratio of 2:1, in accordance with WCA requirements. 2 Wetland Functions and Mitigation If the project meets the WCA sequencing and shows that the wetland impacts need to occur for the project (i.e. if the project meets wetland avoidance and minimization requirements), the rest of the WCA review for this project is dependent on wetland replacement. The WCA requires that wetland replacement must replace the public value of wetlands lost because of an impact. The public value of wetlands is generally based on the functions of wetlands including: water quality, flood water attenuation, public recreation and education, and fish/wildlife/plant habitats. The WCA uses the Minnesota Routine Assessment Method (MnRAM) to determine functions and values. The City completed a citywide MnRAM in 2006. The applicant has completed MnRAM as part of the application process. For the onsite wetlands that were previously evaluated by the City, the applicant’s MnRAM has either the same result or a slightly higher quality results for the wetlands. The table above shows the wetland management categories from the application. The standard categories that the city uses, which are in conformance with state guidance, is as follows: • Preserve: These are the highest quality wetlands and have high quality habitat and native vegetative diversity. • Manage 1: These are a lower quality than Preserve, but still show high habitat quality and plant diversity. • Manage 2: These wetlands have been impacted by stormwater, invasive species, or other impacts and are lower quality than Manage 1. They likely still provide some habitat and may have some native plant species. • Manage 3: These wetlands have been impacted the most and may provide a stormwater treatment function and have minimal native plants. These are the lowest quality wetlands. The wetlands proposed to be impacted by the project are either Manage 2 or Manage 3 wetlands. Some have historically been excavated. These wetlands do not contain a diversity of native plants. They do provide stormwater and floodplain treatment for downstream wetlands as they are at the headwaters of the Bluff Creek and Lake Susan watersheds. Downstream waters are impaired for water quality. Wetland mitigation that replaces wetland functions and values at a minimum of a 2:1 ratio is required and can be met in a variety of ways: • Onsite mitigation: New wetlands are created or restored within a project area. This could address replacing functions and values in the same area, but the current layout does not provide opportunity for a reasonable creation or restoration project. Also, creating new wetlands takes time and there are many factors to consider for its success. • Replacement in the same subwatershed: New wetlands are created or restored within the same minor or major subwatershed as the project. This would allow wetland functions and values to be replaced within the subwatershed where the project is located and the project layout would not have to be altered to fit mitigation on site. However, a suitable site would need to be located. 3 • Purchase of wetland credits from a wetland bank: There are several wetland banks in the state and applicants can purchase credit from these already created wetland areas. It is preferred in the WCA rules that a bank within the same bank service area be chosen to purchase credit for a project. • Some combination of these mitigation options: An eligible project can also use a combination of these mitigation options. As stated, if the project is determined to have met the avoidance and minimization criteria for the wetland impact, wetland mitigation for the lost functions and values would be required at a minimum of a 2:1 ratio. Currently, the applicant is proposing mitigation through the purchase of credit from three wetland banks in Blue Earth, Stevens, and Rice Counties. These banks are in the same bank service area, and only one is in the same major watershed area. • In addition to the wetland bank credits, City staff recommends that a condition of approval will include the applicant provide a site-specific water quality improvement project within the watershed to mitigate water quality impacts locally, as the site is located up-stream of impaired waters. This site-specific mitigation may occur either onsite, or at an agreed feasible location within the local watershed. Details will be coordinated with the applicant. 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. 4 Dated: June 6, 2017 CITY OF CHANHASSEN By: Denny Laufenburger, Mayor SEAL By: Todd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _____ day of ___________, 2017, by Denny Laufenburger, 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 690 City Center Drive Chanhassen, MN 55317 (952) 227-1100 g:\plan\2017 planning cases\17-14 avienda wap\wetland alteration permit foff.doc