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.
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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.
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• 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.
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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