HomeMy WebLinkAboutResolution No. 377-13•
RESOLUTION
WHEREAS, the City of Rochester Public Works Department proposed the filing of 0.84
acres of Type 2 wetlands in the right-of-way of Badger Hills Drive N.W. The total acreage of
wetlands on the property is 2.39 acres. The wetlands consist of fresh meadow wetlands located
along drainage channels. Wetlands are proposed to be filled due to the location of new road,
and fill that must be placed in the right-of-way and construction limits. The proposed
development will avoid impacts on 1.03 acres of wetland; and,
WHEREAS, the Technical Evaluation Panel ("TEP") reviewed the alternatives and found
that they meet the minimum standards for sequencing. The TEP agreed that avoidance of the
wetlands was not feasible due to the configuration and location of the wetland, topography,
existing drainage patterns, and design requirements of the new road. The minimum
replacement acreage is 1.74 acres. The applicant proposed replacement as follows:
• 1. An existing wetland bank located in Dodge County (0.52 acres in the Skov
Wetland Bank);
2. Replacement at the City stormwater/wetland facility EP-16 east of RCTC
(0.18 acres); and,
3. On -site direct replacement by removing sediment from an existing
drainageway (1.39 acres); and,
WHEREAS, the wetland replacement is at a 2:1 ratio because the replacement wetland is
in -kind replacement. The applicant received 100% credit for the Dodge County and EP-16 sites,
and 75% credit for the onsite direct replacement. The TEP did not object to the wetland
replacement plan; and,
WHEREAS, the new wetland rules require a financial assurance where the replacement
is not in advance of the impact. The Local Governmental Unit has the option to waive the
financial assurance under 8420.522, subp. 9, if it determines that it. is not necessary. Given that
the application is by the City and that a portion of replacement wetland already exists, the TEP
agreed that a financial assurance would not be necessary; and,
WHEREAS, the TEP reviewed the application and recommended approval subject to the
• below described conditions:
1. The applicant must provide a Declaration of Restrictions and Covenants for
Replacement Wetland document covering the replacement area and record
the document as required by the wetland rules;
The applicant must submit as built surveys to assure compliance with the
proposed grading plan; and
3. Submittal of the Application for Withdrawal of Wetland Credits to the City for
signature and to BWSR, and approval by BWSR of the withdrawal of credits
from the Skov Wetland Bank; and,
4. The applicant must complete the monitoring plan submitted as a part of the
replacement plan for the on -site replacement; and,
WHEREAS, this matter came before the City of Rochester Common Council on August 5,
2013, for a final decision on the replacement plan. The Council considered all information
presented to it including that information found within the Council Agenda packet.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City approve the Wetland Delineation and Replacement Plan presented by
the City of Rochester Public Works Department for the filing of 0.84 acres of Type 2 wetlands in
the right-of-way of Badger Hills Drive N.W., subject to the above four conditions.
BE IT FURTHER RESOLVED that the City waives the financial assurance requirement
found at Minnesota Rules 8420.0522, subp. 9.
• The Mayor and the City Clerk are authorized and directed to approve this plan on behalf
of the City.
•
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 5 DAY OF 414JJ'J , 2013.
PRESIDENT OF SAID COMMON COUNCIL
i
1
PZFUTY
r. ,. ,
APPROVED THIS 16h DAY OF , 2013.
(Seal of the City of
Rochester, Minnesota)
Zone 10\Wetla nd.ApproveM
MAYOR OF SAID CITY