HomeMy WebLinkAboutItem 08March 7, 2011 Item No.
Proposed Action
Staff recommends approval of the following motion: Move to approve Wetland Replacement plan for
Keokuk Ave and 205` Street, Outlots A & B.
Overview
The delineation for the site was conducted on September 30, 2010 by Kimley -Horn and Associates
and was field reviewed by staff from the City of Lakeville and Dakota County Soil and Water
Conservation District (SWCD) on October 15, 2010. Four areas were delineated on the project site
for a total of 1.36 acres. The delineation was approved for this site on February 4, 2011.
A Technical Evaluation Panel (TEP) was held on January 18, 2011. Representatives were present
from the Army Corps of Engineers (ACOE), Dakota County SWCD, MN Board of Soil and Water
Resources (BWSR) and City Staff. The TEP discussed the delineation and other aspects of the
potential development project. Based on the TEP findings, Kimley -Horn and Associates submitted a
replacement plan on February 9, 2011 and included information suggested at the TEP meeting. The
replacement plan indicates 0.97 acres of impact. The plan provides detailed information of the site
alternatives and options looked at to avoid wetland impacts. The plan proposes to purchase 2:1
replacement (1.94 acres) via the Bachman wetland bank located in the same watershed. In addition
to mitigating wetland impacts, the plan is to relocate and stabilize the existing channel /wetland.
The applicant is required to continue to work with TEP members to finalize the design of the channel
stabilization. The applicant is also responsible for completing the proper ACOE permitting. No
wetland impacts will occur until the City has received confirmation from BWSR that the required
credits have been officially withdrawn from the wetland bank.
Primary Issues to Consider
None
Supporting Information
• Wetland Replacement Plan
• TEP Findings of Fact
Mac Cafferty, E
mental Resources Manager
WETLAND REPLACEMENT PLAN:
KEOKUK AVE AND 205 STREET, OUTLOTS A & B
MARCH 7, 2011 CITY COUNCIL MEETING
Financial Impact: $ None
Related Documents (CIP, ERP, etc.):
Notes:
Budgeted: Y/N Source:
Minnesota Wetland Conservation Act
Notice of Application
Local Government Unit (LGU)
City of Lakeville
Address
20195 Holyoke Ave
Lakeville, MN 55044
1. PROJECT INFORMATION
Applicant Name
Wal -Mart Real Estate Business
Trust
Project Name
Keokuk Ave and 205 St.
Outlot A & B
Date of
Application
02/09/11
Application
Number
116199069
Type of Application (check all that apply):
❑ Wetland Boundary or Type ❑ No -Loss
® Replacement Plan
❑ Exemption
❑ Banking Plan
❑ Sequencing
Summary and description of proposed project (attach additional sheets as necessary):
The location of this project is located in Section 25, T114N, R21W, which is located west of
Interstate 35, south of 205 Street and east of Keokuk Ave, in Lakeville, MN. The delineation
was approved for this site on 2/4/2011. The replacement plan indicates 0.97 acres of impact.
The plan provides detailed information of the site alternatives and options looked at to avoid
wetland impacts. The plan proposes to purchase 2:1 replacement (1.94 acres) via the Bachman
wetland bank located in the same watershed.
If you have questions regarding this application please contact LGU listed below.
2. APPLICATION REVIEW AND DECISION
Signing and mailing of this completed form to the appropriate recipients in accordance with 8420 .0255, Subp.
3 provides notice that an application was made to the LGU under the Wetland Conservation Act as specified
above. A copy of the application is attached. Comments can be submitted to:
Name and Title of LGU Contact Person
Ann Messerschmidt
Environmental Resources Specialist
Address (if different than LGU)
N/A
Phone Number and E -mail Address
952 - 985 -4528
amesserschmidt@lakevillemn.gov
Comments must be received by (minimum 15
business -day comment period):
03/04/2011
Date, time, and location of decision:
03/07/2011, 7 p.m., City Hall, Lakeville, MN
Decision -maker for this application:
❑ Staff
® Governing Board or Council
Signature:
BWSR Forms 11 -25 -09
Date:
Page 1 of 2
3. LIST OF ADDRESSEES
SWCD TEP member: Mr. Brian Watson, 4100 — 220 Street West — Suite 102, Farmington, MN 55024
BWSR TEP member: Mr. Ken Powell, 520 Lafayette Road North, St. Paul, MN 55155
• DNR TEP member: Ms. Melissa Doperalski, Ecological Services Division, 1200 Warner Road, St. Paul, MN
55106
❑ DNR Regional Office (if different than DNR TEP member):
• WD or WMO (if applicable): Mr. Mark Zabel, Vermillion River 'WMO, 14955 Galaxie Ave, Apple Valley,
MN 55124
® Members of the public who requested notice: Mr. Eric Vevea, Vevea & Company, Inc., 1496 Sherwood
Way, Eagan, MN 55122
® Applicant and Landowner (if different) (notice only):
OWNER Wal -Mart Real Estate Business Trust, 2001 Southeast 10 Street, Bentonville,
AR, 72716 -0050
AGENT: Beth Kunkel, Kimley -Hom and Associates, Inc., 2550 University Ave West,
Suite 345N, St. Paul, MN 55114
® Corps of Engineers Project Manager ( notice only): Ms. Sarah Wingert, US Army Corps of Engineers, St.
Paul District Regulatory Branch, 180 Fifth Street E, St. Paul, MN 55101
® BWSR Wetland Bank Coordinator (wetland bank plan applications only)
/1/
4. ATTACHMENTS
In addition to the application, list any other attachments:
® Copy of replacement plan (not if listed as notice only)
El
BWSR Forms 11 -25-09 Page 2 of 2
NA- 026620 -03B (V.2.02 for MS WORD) 9/11/2007
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: BASIC APPLICATION
"Sec HELP" directs you to important additional information and assistance in Instructions, Page 1.
1. LANDOWNER/APPLICANT CONTACT INFORMATION (See Help 1)
Name: WaI -Mart Real Estate Business Trust Phone: 479 - 204-0550
Complete mailing address: 2001 Southeast 10 Street, Bentonville, AR 72716
1 A. AUTHORIZED AGENT (See Help IA) (Only if applicable; an agent Is not required)
Name: Beth Kunkel Phone: 651 -643 -0455
Complete mailing address: 2550 University Avenue West Suite 238N
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 T.4 Circular 39 Wetland type: ❑ 1, ❑ IL E) 2, ❑ 3, ❑ 4, ❑ 5, ® 6, ❑ 7, ❑ 8
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 -carr /alder thicket,
❑ hardwood swamp or coniferous swamp, ❑ floodplain forest, ❑ seasonally flooded basin
Indicate size of entire lake or wetland (check one): ►KA Less than 10 acres (indicate size: 1.36) ❑ 10 to 40 acres ❑ Greater than 40 acres
Signature of applicant Om
3. PROJECT LOCATION (Information can be found on property tax statement, property title or title insurance):
Project street address: Keokuk Avenue and 205 Street, Fire #: City (if
applicable): Lakeville
'/ Section: Section: 25 Township 114N Range #: 21W County: Dakota
Lot #: B Block: Subdivision: Watershed (name or #) Vermilion River UTM location: N E
Attach a simple site locator map. If needed, include on the map written directions to the site from a 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 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: 0,97 acres or 42,253 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 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
PROJECT ALTERNATIVES sheet if needed.
See attached
7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or 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 completed? ❑ Yes ®No. If
yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8)
9. STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that are either pending or
have already been approved or denied on a separate attached sheet. See HELP 9.
10. I am applying for state and local authorization to conduct the work described in this application. I am familiar with the information
contained in this application. To the best of my knowledge and belief, all information in Part I is true, complete, and accurate. 1 possess
the authority to undertake the work described, or 1 am acting as the duly authorized agent of the applicant 7
E -mail: beth.kunkel @kimley- horn.com
Date . r ature ofugent (if applicable) Date
E -mail: david.cox @waI- mart.com
a-- 7 //
This block must be signed by the person who desires to undertake the proposed activity and has the necessary property rights to do so. If only the Agent has signed,
please attach a separate sheet signed by the landowner, giving necessary authorization to the Agent.
'See Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and Soil Resources,
United States Army Corps of Engineers.
Minnesota Local /State /Federal Application Forms for Water /Wetland Projects
Page 1
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APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT (33 CFR 325) OMB APPROVAL NO. 0710-003 Expires Dec 31, 2004
The public burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes
the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington
1 leadquartcrs Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202 -4302; and to the Office of Management
and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be
subject to any penahy for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your fonn to
tither of these addresses. Completed applications must be submitted to the District engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT: Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marne Protection, Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal purpose: Information provided on this fonn will be used in evaluating the application for a pennit Routine uses: This
information may be shared with the Department of Justice and other Federal, state, and local government agencies, Submission of requested information is voluntary; however, if
information is not provided, the permit application cannot be evaluated nor can a permit be issued.
ITEMS 1 THROUGH 4 TO BE PILLED IN BY THE CORPS
I. APPLICATION NO. 1 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
YOU DO Nor NEED TO COMPLETE ITEMS 6 -10 and 12 -25 in the SHADED AREAS.
411 applicants must complete non - shaded items 5 and 26. If an agent is used, also complete items 8 and 11. This optional Federal form is valid
for use only when included as part of this entire state applicationpacket.
5. APPLICANT'S NAME
Wal -Mart Real Estate Business Trust
PPLICANT'S SIGNATURE:
8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
Beth Kunkel, Kimley -Horn and Associates, Inc.
11. STATEMENT OF AUTHORIZATION (If applicable; co nplete only if authorizing an agent)
1 hereby authorize Beth Kunkel to act on my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application.
DATE:
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. 1 further certify that I possess the authority to undertake the work described herein or am acting as the duly
authorized agent of the applicant.
N._ aid
Signature of applicant Date Sig i tSt of agent (if any) Date
The application must be signed by the person who desires to undertake the proposed activity (applicant), or. it.may be signed by a duly authorized agent if
the statement in Block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in•any'mattner within the jurisdiction of any
department or agency of the United States knowingly and willfttlly falsifies, conceals, or covers up with any trick, scheme, or disguises a material fact or
makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,
fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW -OR)
Minnesota Local /State/Federal Application Forms for Water /Wetland Projects
Page 2
FOR LGU USE ONLY:
Determination for Part 1: ❑ No WCA Jurisdiction
❑ Exempt: No. (per MN Rule 8420.0122)
❑ No loss: _ (A,B,.. per MN Rule 8420.0220)
❑ Wetland Boundary or type
❑ Replacement required — applicant must complete Part 11
COMPLETE T IE SECTION BELOW ONLY IF REPLACE a ENT IS NOT REOUIRED:
Application is (check one): ❑ Approved ❑Approved with conditions (conditions attached)
Comments/Findings:
County where recorded
LOU official signature Dale
Name and Title
For Agricultural and Drainage exemptions (MN Rule 8420.0122 Subps. 1 and 213), LGI) has received proof of recording of restrictions
(per MN Rule 8420.0115):
Date Document II assigned by recorder
❑ Denied
LOU official signature Date
Minnesota Local /State/Federal Application Forms for Water /Wetland Projects
Page 3
Wetland impact
(as noted on
overhead view)
Watershed
name or
number (if
known)
Watershed
and Bank
Aga Ce
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)
Vermillion
River
8
2
reed canary
grass
0.34
❑ Housing
® Commercial
First
• Industrial
• Parks /recreation areas
impact
8
6
sandbar willow
0.63
• Highways and
associated rights -of -way
• Forested
• Farmsteads /agricultural
• Vacant lands
❑ Public and semi - public
(schools /gov't facilities)
• Airports
Second
impact
• Extractive (gravel
pits/quarries)
❑ Other:
PART 11: REPLACEMENT PLAN SUPPLEMENT
For assistance in completing Parr 1!, contact your Local Government Unit or a professional consultant
11. 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 overhead view (part of Section 5) to this chart 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 have chosen to identify more 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 access to some of
this information, call your I -GU or SWCD office for assistance. (Photocopy char! for more impacts, if needed.)
CTS
t lf you are identifying only one wetland type within a given wetland impact area, use the first dotted lint and leave the others blank. If you have chosen to identify more
than one 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 each separate wetland type with that impact area.
TOTALS OF AREA(S) IMPACTED FOR EACH WETLAND TYPE ON CIIART (indicate acres ® or square feet 0)
Wetland plant community type': Shallow open water: Deep marsh: Shallow Marsh: Sedge meadow:
Fresh wet meadow: 0.34 Wet to wct mesic prairie: Calcareous fen: Open bog or coniferous bog: Shrub carr or alder thicket: 0.63
Hardwood swamp or coniferous swamp: Floodplain forest Seasonally flooded basin
12. SPECIAL CONSIDERATIONS: Are you aware of any special considerations that apply to either the impact site(s) or the replacement site(s)? 0 Yes ® No
(Examples: site presence of endangered species, special fish and wildlife resources, sensitive surface waters, or waste disposal site.) If YES, list and describe briefly.
13. SHORELAND IMPACT ZONE: Please identify each wetland impact site noted in Section 15 that is within 1000 feet of a lake or 300 feet of a river.
N/A
' See Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and
Soil Resources, United States Army Corps of Engineers.
Minnesota Local/State/Federal Application Fonns for Water /Wetland Projects
Page 4
Identify
Wetland
replacement
site
(as noted on
overhead view)
Watershed
name or
number
(if known)
Dank Service
Area
County
Section,
Township,
Range
Wetland
Plant
Community
Type'
Type(s) of replacement credits
(in acres or square feet)
Restored
or
created?
Indicate
R or C
New Wetland
Credits (NWC)
Public Value
Credits (PVC)
Name of
First
replacement
site
•
Name of
Second
replacement
site
'
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 Application for Withdrawal of Wetland Credits Form and include with your application. Copies of this fonn are available from your LGU, or
download a copy from www.bwsr.state.mn.us
Skip to Section 19, page 6 (You do not need to complete Sections 15 -18).
❑ B. Project - specific replacement only
Continue with Section 15 below.
❑ C. A Combination of wetland banking and project - specific replacement. Busing project 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
concurrently with submittal of this form. Also, Complete Application for Withdrawal of Weiland Credits Form and include with your application. Copies
of this form and the wetland banking application is available from your LGU, or download a copy from www.bwsr.state.mn.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 wetland(s) will be constructed. if several methods will be used, describe each method. Details should include the
following: 1) type of construction (such as excavated in upland, restored by tile break, restored by ditch block or revegetated); 2) type, size and
specifications of outlet structures; 3) elevations relative to Mean Sea Level or established benchmarks or 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 OF REPLACEMENT
WETLAND CONSTRUCTION.
16. SURPLUS WETLAND CREDITS: If using project- specific replacement (Box B or Box C in Section 14 above), will the replacement result in any
surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? ❑ Yes ❑ No. if yes, submit a Wetland Banking
Application directly to your LOU before or concurrently with submittal of this form. Copies are available from your LOU, or download a copy from
www.bwsr.statc.mn.us
17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below: 1) Use one row of boxes for each wetland replacement site; 2) If
your project has more that one wetland replacement site, reference your overhead view (part of Section 5) to this chart by identifying and labeling "first
replacement site" and "second replacement site" on your overhead view; 3) If you are identifying 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 more than one wetland type in a given replacement site, use the extra dotted
lines to indicate each separate wetland type, and identify type(s) of replacement credits and "restored or created" for each separate wetland type with that
replacement site; 5) If you do not have acccss to some of the information, or if you do not know your replacement ratio, call your LOU or SWCD office for
assistance. Photocopy chart for more wetland replacements, if needed.)
DESCRIPTION OF REPLACEMENT WETLANDS
If you are identifying only one wetland type within a given wetland impac area, use the
first dotted line and leave the others blank. If you have chosen to identify more than one
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)
TOTAL NWC
Minnesota Local/State/Federal Application Forms for Water /Wetland Projects
Page 5
TOTAL PVC
Wetland plant community type: Shallow open water: Deep marsh:: • Shallow Marsh: Sedge meadow:
Fresh wet meadow: Wet to wet mesic prairie: Calcareous fen: Open bog or coniferous bog: Shrub carr on alder thicket:
Hardwood swamp or coniferous swamp: Floodplain forest Seasonally flooded basin
* Sec Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997) as modified by the Board of Water and
Soil Resources, United States Army Corps of Engineers.
•
18. ADDITIONAL INFORMATION REQUIRED FOR PROJECT- SPECIFIC REPLACEMENT (Required only if you marked Box B or 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 - sectional view). See What to Include on Plans
(Instructions, 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 (if available) that indicates the capability of the site to produce and maintain wetland
characteristics.
Note 1: For replacement wetlands located on pipeline casements, you need to receive endorsement of your project from both the easement holder and the Minnesota
Department of4ttblic Safety's Office of Pipeline Safety. Before start of construction, the owner of any utilities must be notified. The landowner or contractor is
responsible for giving this notice by calling "Gopher State One -Call" at 652- 454 -0002 (Twin Cities Metro Arca) or 1- 800 -252 -1166 (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 map, soil borings, depth soundings, aerial photographs,
environmental assessment and/or engineering reports.
19. SIGNED AFFIRMATION:
FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING ONLY. To the best of my knowledge and belief, all information in Part II is true,
complete and accurate; and 1 affirm that the wetland losses will be replaced via withdrawal from an account in the State Wetland Bank.
FOR PROJECTS INVOLVING EITHER PROJECT - SPECIFIC REPLACEMENT ONLY OR A COMBINATION OF WETLAND 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 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 restoration; and
the individual or organization notifies the local govemtnent unit in writing 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 wetland.
❑ An irrevocable bank letter of credit, perfonnance 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 State Wetland Bank.
Part C. For projects involving any project- specific replacement: Within 30 days of either receiving approval of this application or beginning work on the project, I
will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s) will be located; and 1 will at the same time
submit proof of such recording to the I.GU.
To die best of my knowledge and belief, all information in Part 11 is true, complete and accurate; and 1 affirm all statements in Part A and C, as well as
checked assurance(s) in Part B.
Signalufn or applicant or agent
FOR LGU USE ONLY
County where recorded
Replacement plan is (check one): ❑ Approved
Date
❑Approved with conditions (conditions attached) ❑ Denied
LGU official signature Date
LGU has receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wetland:
Date Document ff assigned by recorder
LGU official signature Dale
Minnesota Local/State/Federal Application Forms for Water/Wetland Projects
Page 6
Real Estate & Design
David Cox , 8r. Design Manager
February 4, 2011
Mr. Mac Cafferty
City of Lakeville
WCA LGU
20195 Holyoke Avenue
Lakeville, MN 55044 -9177
RE: Walmart Store #5992 -00, Lakeville MN
Authorization to Kimley -Horn and Associates, Inc. to serve as Walmart's Permitting Agent
Dear Mr. Cafferty,
On behalf of Wal -Mart Stores, Inc. (Walmart), I authorize Will Matzek and /or Beth Kunkel of
Kimley -Horn and Associates to act as Walmart's duly authorized agent for preparing
applications and subsequent correspondence required to obtain permits and/or approvals for
the local/state/federal permitting agencies.
Sincerely,
David Co
Sr. Design Manager
Wal -Mart Stores, Inc.
cc: TR Rose
U.S. Army Corps of Engineers — St. Paul District
Dakota County Soil and Water Conservation District
Minnesota Board of Water and Soil Resources
Minnesota Department of Natural Resources -- Area Hydrologist
Walmart )
Save money. Live better.
2001 S.E. 10 Street
Bentonville, AR 72719
Phone 479,204.0660
Fax 470273.4107
www.walmart.com
Keokuk Avenue and 205 Street, Outlot B
Combined Wetland Permit Application
Attachments to Parts I and II
February 7 2011
ATTACHMENTS TO JOINT APPLICATION FORM FOR WETLAND REPLACEMENT
4. Tyne of Project:
The project consists of construction of a 152,000 s.f. retail building with 681 parking stalls, landscaping,
stormwater treatment, and other appurtenances on a 15.95 acre lot (Outlot B) at Keokuk Avenue and
205 Street in Lakeville, MN (Figure 1). The store will offer general retail, grocery, pharmacy, and other
retail sales and services.
5. Project Purpose, Description, and Dimensions:
Purpose:
The 15.95 acre Outlot B is zoned C -3, General Commercial and according to the City of Lakeville Zoning
Ordinances, the purpose of the C -3 district is to provide for the establishment of commercial and service
activities which draw from and serve customers from the entire community or region. With the recent
reconstruction of the adjacent CSAH 70 interchange, and the City's zoning classification of the Site, the
development of Outlot B as a Walmart satisfies the goals and intent of the City of Lakeville Zoning
Ordinance and Comprehensive Plan.
The current and future residents and businesses in the general area surrounding the CSAH 70
interchange are currently required to travel approximately two miles to the next closest large retail area.
Development of Outlot B will also utilize the existing infrastructure of the Interstate 35 corridor and the
CSAH 70 interchange area as guided by the City of Lakeville that currently serves the community.
Walmart's market research of the community and region determined that a 152,000 s.f. retail building
with a general retail, grocery, pharmacy, and other retail sales and services is desirable to meet the
community's current and future needs. In association with the building development, sufficient street
access, parking, stormwater treatment and landscaping are proposed as part of the project. Outlot B
was ultimately selected for the development as the proper street and utility infrastructure are in place,
and the Site is guided for commercial retail development by the City of Lakeville.
Existing Conditions:
Wetlands within the area of the proposed project were delineated, reviewed, and approved in the Fall of
2008 by Westwood and 2010 by Kimley -Horn. Please refer to the Keokuk Avenue and 205 Street Outlot
A and Outlot B Wetland Delineation Report prepared by Kimley -Horn dated January 2011 submitted
under separate cover to the City and TEP for delineation details. One wetland area was identified at the
site and was identified as "Wetland D" by Westwood in 2008. Wetland D is a wetland complex associated
with a drainage channel that runs along the south and east parcel boundaries of Outlot B (Figure 2). The
channel length through the site is 1,540 feet and drops 5 feet in elevation from south to north. The total
wetland area within the site is 1.36 acres. The wetland is comprised primarily of two wetland types; wet
meadow and shrub -scrub with the dominant vegetation being reed canary grass (non- native) and
sandbar willow (native). Much of the site west of the wetland has been previously graded for land
development as part of the Lakeville Commerce Center in 1988/89. The upland area is dominated by
alfalfa, smooth brome, and red clover.
To the east of the wetland is MnDOT right of way, an overhead powerline easement and an upland knob
covered with smooth brome grass and patches of sumac. Outlot A to the north of the site is primarily
wetland (an extension of Wetland D), which was also included in the delineation for this project. The
outlet to the wetland is a culvert that was installed when I -35 was constructed in the late 60's /early 70's.
The culver is a 72 -inch RCP with an invert elevation of 1027.70 feet.
r 1 Kimley -Horn
and Associates, Inc.
Year
Precip.*
General observations
Storm pond location
observations
1951
Wet
Site cultivated both sides of channel, erosion;
channel clearly defined
Grading or excavation activity;
no sign of hydrology
1964
Normal
Site cultivated both sides of channel; channel
clearly defined
Saturation possible; similar to
area to east
1970
Wet
Channel more vegetated; site cultivated west of
channel; I -35 in place
No sign of hydrology
1974
Dry
Cultivated west of channel
Saturation east of pond site
1979
Wet
Cultivated west of channel
Inconclusive
1984
Wet
Cultivated west of channel
Saturation east of pond site
1988
Dry
Cultivated west of channel
Inconclusive
1989
Dry
Grading of road and site completed, no cultivation,
south end of channel realigned
Pond constructed; appears to
have been mined for gravel
1991
Wet
No change
No change
2005
Wet
Tollefson Office Center constructed west of pond
Pond expanded to the west
2009
Normal
No change
No change
Generally, the quality of Wetland D has been categorized by the city's inventory as "restore ", which
means the wetland received low scores for vegetation and habitat but due to its location, past
disturbance, and /or hydrology, it potentially could be a good candidate for wetland restoration.
An approximately 0.70 acre regional stormwater pond is also located within Outlot A. It was originally
excavated and mined around 1988 as part of the business park grading and infrastructure improvements.
It was intended to provide flood control from Lakeville Commerce Center development. This pond was
expanded in 2005 when the Tollefson Office Center building was constructed just west of the pond.
Historic Wetland Boundaries:
In an effort to determine the historic wetland boundaries within these two outlots, a number of data
sources were reviewed including NWI maps, soil survey data, city and Corps records, and historic aerial
photography. There has been significant disturbance within this site and adjacent Outlot A over the
years, with the most recent grading activities occurring in 1988/89 and 2005.
Aerial photos were available from the County website and SWCD office included years 1951, 1964, 1974,
1988, 1989, 1991, 2005, and 2008. Aerial photos from years 1970, 1979, and 1984, were obtained from
HIG (Figure 6a -i). After reviewing the historic aerials for wetland and hydrology indicators, it does not
appear that there was any obvious wetland in the area where the regional pond was constructed,
although the area immediately east of the pond does show signs of high water.
* Annual precipitation data used to determine whether precipitation was wetter or drier than the 30 -year
average (http: // climate .umn.edu /wetland /wetland.asp - Accessed February 2011).
The NRCS Websoil Survey identifies the storm pond area as having Estherville sandy loam and Kennebec
silt loam soils, which are not considered hydric soils. The National Wetland Inventory does not indicate
any wetland within the area of the storm water pond.
Based on information provided by the City and confirmed from aerial photos, the storm pond was
originally excavated in 1988, and expanded in 2005. The pond was originally (1988) designed to hold 15
acre -feet of permanent storage with 55 acre -feet of storm storage. (Proposed plans are shown in Figure
3). The original pond average depth was approximately 3 feet. The intent of the pond was for regional
flood control from the Lakeville Commerce Center Development. When the pond was expanded in 2005,
rit k
2
the north end of the pond excavated to a new depth of 8 feet and was expanded to the west. This
expansion was to provide additional storage to the regional stormwater pond.
There is no record of a US Army Corps of Engineers (ACOE) permit for the excavation of the pond in
1988. The pond was excavated prior to the Wetland Conservation Act (WCA).
Based on the evidence described above, it is our determination that the storm water pond that was
constructed on Outlot A in 1988 was not constructed within wetland and is therefore not covered by
either Section 404 of the Clean Water Act or the Wetland Conservation Act.
Proposed Impact:
Wetland Fill
In this location, given the topography and site requirements, wetland impacts are unavoidable. The total
permanent impact to the wetland is estimated to be 0.97 acres (Figure 4). The majority of the impact is
not avoidable due to the existing topography and narrow area between building pad and the Mn /DOT I-
35 right -of -way fence.
Temporary Wetland Disturbance:
During site construction, there will be 0.16 acres of temporary wetland impact. This area of temporary
impact is shown in Figure 4. Temporary impacts are needed for grading of the channel realignment and
retaining wall construction along the eastern edge of the site. The wetland area included in the
temporary impacts will be restored back to preconstruction conditions (grades) and will be reseeded with
native seed mix 34 -181.
Channel Realignment
The drainage channel or the narrow portion of Wetland D will be relocated and reconstructed to the east
to maintain the drainage through the site. The design of this channel is an open (not piped) channel with
a vegetated bottom that has a width of approximately 5 feet and a 3:1 slope on either side of the
channel. The channel will be constructed with numerous rock check dams to help reduce the velocity of
the water and protect the channel from erosion. The channel bottom will be seeded with wetland seed
mix 34 -181 for a native flora. Placement of erosion control blanket, diversion berms and swales, and silt
fence along with vegetation establishment will be completed prior to water diversion into the new
channel. A sediment forebay will be constructed at the end of the new channel alignment to collect any
sediment prior to flowing into the wetland in Outlot A. A level spreader will be constructed on the
northern edge of the sediment forebay to disperse the flow from the channel into the adjacent wetland.
None of the site generated runoff from impervious surfaces will be directed to this channel.
Storm Pond Expansion
To meet regional stormwater quality requirements, Walmart is proposing to expand the existing regional
stormwater pond located in Outlot A. This pond is currently 0.70 acres and is used for the storage and
treatment of run -off from the adjacent properties within the Lakeville Commerce Center Development.
This regional stormwater pond will be expanded by an additional 0.16 surface acres (7,000 surface s.f.)
to accommodate the additional run -off from the development of Outlot B. This expansion will impact
0.07 acres of delineated wetland area which is located along the east edge of the existing stormwater
pond (Figure 5). Even though this sliver of wetland was likely created in association with the storm pond,
the 0.07 acres has been included in the total (0.97 acres) wetland impacts for the site. The storm pond
will also be excavated to increase the storage volume. The additional storage will increase the pond
depth to 8 feet instead of the existing depth of 3 feet. The expansion of the regional storm pond in 2005
increased depth of the northern section of the pond to 8 feet; thus the proposed expansion will be
equivalent to the expansion in 2005. The surface expansion will just increase the surface area of the
pond to the east with an average depth of 1 foot. This increased area will be seeded with seed mix 33-
361.
3
6. Project Alternatives:
Two avoidance options are required to be evaluated for projects with wetland impacts. Walmart has
evaluated the no -build alternative as well as a reduced store size to avoid the proposed wetland impacts.
In addition, other sites were evaluated in the project vicinity to determine if there was a better
opportunity to minimize wetland impacts. To further evaluate minimizing wetland impacts, alternate
building layouts were evaluated on the proposed site to reduce wetland impacts. Each of these scenarios
is described below:
No -Build Alternative:
The no -build alternative would avoid wetland impacts. Walmart looked for other sites on the Interstate
35 corridor in the City of Lakeville to develop if this particular site was not chosen. The other sites were
evaluated based on the same criteria as Outlot B, and it was determined that the other sites were either
already developed or would have more wetland impact than the development of Outlot B. More
discussion on site alternatives is included in the Site Location Alternatives Section.
Reduced Building Size:
A building approximately half the size of the proposed development would avoid all wetland impacts.
However, the Walmart business model does not provide for a facility of this size in order to achieve no
wetland impact on the Outlot B site. The much smaller retail building footprint would be missing key
features such as the additional grocery, retail, and pharmacy capabilities which are crucial for Walmart's
business model to serve the community and region.
Site Location Alternatives:
Walmart identified the area surrounding the interchange of I -35 and CSAH 70 as a desirable location for a
number of factors, some of which include: the existing transportation and utility infrastructure to support
the Store is already in place, the City of Lakeville has the area zoned appropriately for a Walmart, and the
area has good access and visibility to I -35.
After identifying the general area of I -35 and CSAH 70, Walmart then focused on specific sites
surrounding the interchange. Walmart reviewed a number of factors prior to deciding on the preferred
Site (Site A) and the existing wetlands and natural resources were a major factor in the Site selection.
The attached Alternative Site exhibit (Figure 7) illustrates the areas that were reviewed by Walmart
during their Site selection process including a comparison of potential wetland impacts for each site.
Four sites are shown in Figure 7.
Each site has the same or greater wetland impact than Site A. Additionally, the other sites were
eliminated as they either did not allow for adequate parking (as required by City), did not provide the
desired circulation or building layout, or had other site constraints like topography, access, or size that
made them Tess desirable for Walmart's needs. The other sites would also impact higher quality wetlands
than what is found on Outlot B. Wetland quality ratings are found in the City of Lakeville's 2003 Wetland
Management Plan.
Site Layout Alternatives:
Preferred Alternative:
The proposed site design (Figure 4) avoids wetland impacts to the maximum extent possible. Of the
approximately 1.36 acres of onsite wetland, 0.39 acres are either considered temporary impacts or are
avoided. The 0.97 acres of impacts that cannot be avoided are a result of meeting the City's parking
requirements for a retail building of this size and the location of the existing wetland /channel. The
proposed design re- routes the wetland around the perimeter of the site to maintain the hydraulics of the
waterway. The new channel will be stabilized with native vegetation prior to being placed into operation.
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Replacement page 02/09/2011
avoided. The 0.97 acres of impacts that cannot be avoided are a result of meeting the City's parking
requirements for a retail building of this size and the location of the existing wetland /channel. The
proposed design re- routes the wetland around the perimeter of the site to maintain the hydraulics of the
waterway. The new channel will be stabilized with native vegetation prior to being placed into operation.
The City of Lakeville requires 5.0 parking stalls per 1,000 SF of retail building. The City allows a 10%
reduction in gross leasable area to accommodate for storage and mechanical areas. Based on code, 681
parking stalls are required for this site, and 681 stalls are provided in the current design. A one -way
drive aisle configuration has also been utilized to decrease the width of the parking field and reduce
wetland impacts. A one -way aisle is only 18.5' per Lakeville code, while a two -way aisle must be 24'.
This more efficient layout allows for the site to have sufficient parking per code with less wetland
impacts.
The stormwater detention, infiltration, and treatment areas have been proposed outside of the wetland
area to avoid wetland impact. In addition, the project proposes expanding the adjacent regional
stormwater pond to provide the remaining detention capacity required for the site. Modular block
retaining walls are proposed in all fill areas adjacent to the wetland, which results in a reduction in
wetland impacts of approximately 1,800 square feet. All stormwater runoff from the impervious surface
onsite will be collected in pipes and transported to either the onsite infiltration basin or regional
stormwater pond.
Other on -site configurations were initially considered but rejected due to additional wetland impact:
Alternative Al:
Walmart's preferred business model would include a Garden Center and Drive -thru pharmacy. Site
dimensions restrict the possibility of providing a drive -thru, but a Garden Center could be provided if
wetlands were not considered. This reconfiguration of the site resulted in approximately 1.33 acres of
wetlands would be impacted onsite (Figure 8a).
Alternative A2:
Alternative A2 is provided to illustrate an alternate site configuration. The building is rotated 90 degrees
and moved to the center of the site. This layout is not as efficient, and while it does not result in
additional wetland impacts, the city parking requirements cannot be satisfied, nor does it meet Walmart's
new site specifications (Figure 8b).
Based on these factors, the on -site alternatives were dropped from further consideration.
9. Other permits and approvals:
The application is being submitted for City of Lakeville and US Army Corps of Engineers approval.
Other:
An NPDES permit and SWPPP will also be required for this project. Erosion control measures will include
diversion berms and swales, erosion control blanket, check dams and silt fence /barrier protection at
appropriate locations (wetland perimeter, inlet and outlet culverts, to minimize erosion within the
channel. Any areas disturbed by heavy equipment during construction will be restored to preconstruction
conditions as needed. The NPDES permit and SWPPP will address any secondary impacts resulting from
the proposed construction.
City Approvals:
Site Plan, Preliminary and Final Plat approvals are needed from the City of Lakeville.
/"' _ rt
N- MR 3'3 5
Activity
Acres of Wetland
Permanent Impact
0.97
Channel Realignment
0.90
Stormwater Pond Expansion
0.07
Temporary Impact
0.16
Temporary Grading
0.16
11. Description of Wetland Impacts:
Wetland Impacts are listed below by activity.
The channel realignment will permanently impact 0.34 acres of Type 2 — fresh (wet) meadow and 0.63
acres of Type 6 — shrub -carr wetland. The stormwater pond expansion will impact 0.07 acres of Type 2 —
fresh (wet) meadow. The temporary grading will temporarily impact 0.16 acres of Type 6 — shrub -carr
wetland.
14. Wetland Replacement:
Due to the County and City's restore rating (poor vegetation and habitat) for the impacted wetland,
onsite replacement was not encouraged due to the small size of the replacement needed (less than five
acres), adjacent invasive species (reed canary grass), maintenance requirements, and low probability of
long -term success. Banked replacement credits, approved by BWSR and the Corps are available within
BSA 8, which is the BSA this project is located. Account # 1144 Bachmann, is the only site within the
BSA and Dakota County and the same watershed as the project. As such, the Bachmann site is the
preferred bank site for this project as indicated by the Corps, BWSR, City and SWCD. Because the bank
site is within the same BSA, the replacement ratio required for the project is 2:1.
A 2:1 ratio was agreed upon during the TEP meeting on January 18 Wetland credits are available from
account number #1144 which is located within the Army Corps Wetland Bank Service Area (8), the major
watershed (38), and the Vermillion River watershed district. A draft wetland banking credit withdrawal
form is attached.
In addition to the required replacement, Walmart will also relocate the open channel connection through
the site. This will be done by realigning the channel to the east of the proposed parking area and
building and by constructing 1,950 feet of retaining wall. Erosion control blanket, check dams, silt fence,
and diversion swales will be used to protect the channel from erosion and sedimentation during
construction of the site (Figure 9). Sequencing of the construction of the site is as follows. The new
channel alignment will be constructed and vegetation will be established prior to the diversion of water
from the existing channel to the new alignment. Retaining walls will be constructed along the western
edge of the new channel alignment prior to construction of the rest of the site.
Attachments:
Figure 1.
Figure 2.
Figure 3.
Figure 4.
Figure 5.
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Project Location
Wetland Boundary
1988 Storm Water Pond Design
Wetland Impacts /Grading Plan
Wetland Type Impacts
Figure 6a -i. Historic Aerial Photos
Figure 7. Site Alternatives
Figure 8a -b. Site Plan Alternatives
Figure 9. Erosion Control Plan
Attachment A: Draft Wetland Banking Credit Withdrawal
Form
6
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CREATED REGIONAL STORMWATER POND
205TH STREE
210TH:STREET
215TH STREET
pr- Kimley-Horn
M. Mir 1 and Associates, Inc.
64
PROJECT SITE
NORTH
0 500 1,000
mi■==i Feet
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205TH;STREE
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215TH STREET
210TH-STREET
Keokuk Avenue and 205th Street
Wetland Permit Application
Figure 1. Project Location
DELINEATECtBY
KIMLEY -HORIC (2010)
LEGEND
DELINEATED BY WESTWOOD (2008)
DELINEATED BY KIMLEY -HORN (2010)
- CREATED REGIONAL STORMWATER POND
Kimley -Horn NORTH
C Mr and Associates, Inc. 0 75 150
Feet
Keokuk Avenue and 205th Street
Wetland Permit Application
Figure 2. Delineated Wetland Boundaries
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Walmart* LAKEVILLE, MN
KEOKUK AVE AND CSAH 70
STORE # 5992 -00
DAKOTA COUNTY MINNESOTA
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KEOKUK AVE AND CSAH 70
STORE # 5992 -00
DAKOTA COUNTY MINNESOTA
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REPORT WAS PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION AND THAT I AM A DULY UCENSED
P80E0590041 ENGINEER UNDER THE LAWS OF THE STATE
OF MINNESOTA.
WILUAM D. MATZEK, P.E.
DATE: 02/07/11 MN UC. N0. 45790
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Print Preview
2009 Aerial
Page 1 of 1
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Map Scale
1 inch = 308 feet
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2005 Aerial
Legend
❑ Tax Parcels
Streets
Interstate
U.S. Highway
State Highway
CSAHIThrough Route
County State Aid Highway
County Road
Other
Municipality
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Page 1 of 1
Map Scale
1 inch = 393 feet
http: / /gis.co. dakota. mn. us / website / dakotanetgis /printPreview.aspx ?PrintOptData =2005 Ae... 1/27/2011
Print Preview
1991 Aerial
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Page 1 of 1
Legend
Tax Parcels
Streets
Interstate
U.S. Highway
State Highway
CSAHIThrough Route
County State Aid Highway
County Road
Other
Municipality
Map Scale
1 inch = 393 feet
http: / /gis.co. dakota. mn. us / website/ dakotanetgis /printPreview.aspx ?PrintOptData =1991 Ae... 1/27/2011
19,
Dakota
Co.
SWCD
1988
Dakota Co. SWCL
- II 1 51 1 CAL
1 Nt 1)H MA 11t
GATIIIII.ERS
Phase I Environmental Site
Assessment
Lakeville, MN
1984
HIG Project Number. MBB -1057
Client Project Number. SP -10 -08339
Approximate Scale 1:6000 (1"=500')
��f
Phase I Environmental Site
Assessment
Lakeville, MN
1979
HIG Project Number. MB8 -1057
Client Project Number. SP -10 -08339
Approximate Scale 1:6000 (1"=500')
U
11 1ST 0 11 I c A I
I N F 1) N M A 1 ION
GATIICR.CRS INC
Print Preview
1974 Aerial
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Page 1 of 1
Legend
Tax Parcels
Streets
Interstate
U.S. Highway
er r State Highway
CSAHRhrough Route
County State Ald Highway
County Road
Other
Municipality
Map Scale
1 inch = 393 feet
http: / /gis.co. dakota. mn. us / website / dakotanetgis /printPreview.aspx ?PrintOptData =1974 Ae... 1/27/2011
Phase Environmerital Site
Assessment
Lakeville, MN
1970
HIG Project Number MBB-1057
Client Project Number: SP'1O-0833B
Approximate Scale 1:6003 (1"--500)
Print Preview
1964 Aerial
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Page 1 of 1
Legend
Tax Parcels
Streets
Interstate
U.S. Highway
State Highway
CSAH/Through Route
County State Ald Highway
County Road
Other
Municipality
Map Scale
1 inch = 393 feet
http: / /gis.co. dakota. mn. us / website / dakotanetgis /printPreview.aspx ?PrintOptData =1964 Ae... 1/27/2011
Print Preview
Figure 6. Historic Aerials
1951 Aerial
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Page 1 of 1
Map Scale
1 inch = 308 feet
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LEGEND
7 WETLAND IMPACTS (TEMPORARY AND PERMANENT)
PROPOSED CONSTRUCTION LIMITS
l in TYPE 1 - FLOODPLAIN FOREST
II TYPE 2 - FRESH (WET) MEADOW
CREATED REGIONAL STORMWATER POND
TYPE 6 - SHRUB -CARR
NE „ Kimley -Hom
lob and Associates, Inc.
NORTH
0 100 200
woo Feet
Keokuk Avenue and 205th Street
Wetland Permit Application
Figure 5. Wetland Type Impacts
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Technical Evaluation Panel Findings of Fact
Date/Time: January 18, 2011 at 9 a.m. LGU: City of Lakeville
County: Dakota Contact: Mac Cafferty or Ann Messerschmidt
Project: Keokuk Ave and 205 St. Outlot A&B Phone: (952) 985 -4528
Location: Sect. 25, T114N, R21W City: Lakeville
TEP Members in Attendance
Mac Cafferty City of Lakeville
Zach Johnson City of Lakeville
Brian Watson DCSWCD
Others in Attendance
Luke Payne Kimley -Horn
Beth Kunkel Kimley -Horn
Ann Messerschmidt
Sarah Wingert
Ken Powell
Ashley Payne
Sue Steinwall
City of Lakeville
ACOE
BWSR
Kimley -Horn
Fredrikson & Byron
A TEP meeting was called for this site January 18, 2011 at 9 a.m. The City of Lakeville has
recently received a wetland delineation report from Kimley -Horn for the above mentioned site
and has sent out a Notice of Application on January 12, 2011 (decision to be sent out February 3
pending no comments). The purpose for the meeting was to discuss potential layouts for the site
and provide draft information about sequencing.
The meeting started with a general overview of the site, explanation of the different wetland
types and information on how the delineation was conducted. Mr. Powell inquired about the
history of the site and if there were any wetland impacts during the original grading of the site in
the 1980's. It was requested that the future wetland mitigation plan should include information
on the history of the site and to verify that WCA permitting was followed if it existed at the time
of construction for the stormwater pond.
The options for site layout and site locations were explained and maps were provided to help
demonstrate sequencing. The different layouts and locations were discussed. The owner's
original desired layout included a drive -thru pharmacy as well as a garden center resulting in
additional wetland impacts and involved piping the current open water channel. After review of
the various site location options and site layouts, the preferred layout relocated the open water
channel to the east and established and reduced impacts by eliminations of the drive -thru
pharmacy as well as a outside garden center.
The site layout involves retaining walls along the perimeter of the site to reduce impacts to the
wetland and a newly created channel. With this layout, the surface flow would be maintained in
a stabilized channel. Mr. Powell indicated that he would also like to see information in the
report that pertained to avoiding as many secondary impacts to the wetland as possible. TEP
members agreed that keeping the water in an open channel is preferable to piping the water to the
wetland. Additional information and design is needed to show how the new channel would be
stabilized and reduce erosion and sediment loads to the downstream wetland. There was
discussion that possibly adding a forebay at the end of the channel to reduce velocity and
decrease the amount of sediments to the receiving wetland.
Mr. Watson commented that after reviewing all the site location options, that the site location
chosen was the preferred site due to the quality of the wetlands on the alternative sites. The TEP
felt that additional temporary wetland impacts, during the construction of the channel would be
acceptable if it would allow for the channel to be restored in away that would improve both
water and vegetation quality and reduce erosion to the downstream wetland.
KimJcy -Horn staff indicated that the plan for the mitiption of the impacted wetland is to
purchase credits from a wetland Bank that is in the same watershed at the requited 2:1 ratio.
T ) I P members agreed t h a t this is t h e bat o p t i o n d u e t o the site cadmium and z tog wetland
cl Y•
!EP members suggested that the mitigation report include very detailed information on bow the
final site location and layout was determined, how the channel will be restored and improved,
what the stomata plan for the site is, that eno- build" alternative is battled in the plan, and
detailed plans on how the channel will be constructed to reduce the amount of potential erosion
dam
For further q"it1 ms regarding this meeting, please contact Ann Masaachmidt, Bnvirootdal
at )98S-4.528
(12Y
�► ® � (Dam) WSRRepresentative )
d ... A1/44/2*/11 ' /161
Representafive (Date) AIR Repro
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(Date)