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HomeMy WebLinkAbout2004-10-01 DNR Ltr to OPHWETLAND CONSERVATION ACT LOCAL GOVERNMENTAL UNIT City of Oak Park Heights Attn: Mr. Eric Johnson 14168 Oak Park Boulevard North, P.O. Box 2007 Oak Park Heights, MN 55082-2007 WCA Agent Bonestroo, Rosene, Anderlik & Assoc. Attn: Mr. Ben Meyer 2335 West Highway 36 St. Paul, MN 55113 Application Number: NOTICE OF WETLAND CONSERVATION ACT DECISION Name of Applicant: Xcel Energy, Sharon Sarappo 55-04-000 — A.S. King Plant Type of Application (check one): X Exemption Decision El No Loss Decision Replacement Plan Decision LI Banking Plan Decision Date of Decision: August 6, 2004 Check One: X Approved Ei Approved with conditions Conclusion: Applicant has provided proof of incidental wetland exemption. Proposed expansion will not impact WCA jurisdictional wetlands and therefore the City ordinance regulating wetlands is not applicable for this project. List of Addressees: Xcel Energy Attn: Mr. Jim Bodensteiner 414 Nicol let Mali, RS 8 Minneapolis, MN 55401 MN Board of Water and Soil Resources Attn: Mr. Les Len= One West Water Street, Suite 200 St Paul, MN 55107 Xcel Energy Attn: Ms. Sharon Sarappo 414 Nicol let Mali, RS 8 Minneapolis, MN 55401 Washington Conservation District Attn: Ms. Jyneen E. Thatcher 1380 W Frontage Rd, Highway 36 Stillwater, MN 55082 0 Denied Middle St. Croix WMO 294 North 3 Street Bayport, MN 55003 Department of Army CO -R Attn: Dan Seemon St. Paul District Corps of Engineers 190 East 5 Street St. Paul, MN 55101 MN DNR Water Resources Division Attn: Ms. Molly Shodeen 1200 Warner Road St. Paul, MN 55106 Utility Engineering Attn: Mr. Michael J. Peterson 901 Marquette Ave., Suite 2900 Minneapolis, MN 55402 DNR Ecological Services Section Attn: Mr. Wayne Barstad 1200 Warner Road St. Paul, MN 55106 DNR Ecological Services Section Attn: Mr. Doug Norris 500 Lafayette Road, Box 25 St. Paul, MN 55155 A.S. King Generating Plant Attn: Mr. Darrell Knutson 1103 King Plant Road Bayport, MN 55003 You are hereby notified that the decision of the Local Government Unit on the above - referenced application was made on the date stated above. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. Date of mailing of this Notice: LGU: City of Oak Park Heights August 6 , 2004 By: Ben Meyer Title: WCA Agent, City of Oak Park Heights Date: August 6 , 2004 WETLAND CONSERVATION ACT LOCAL GOVERNMENTAL UNIT City of Oak Park Heights Attn: Mr. Eric Johnson 14168 Oak Park Boulevard Oak Park Heights, MN 55082 -2007 WCA Agent Bonestroo, Rosene, Anderlik & Assoc. Attn: Mr. Ben Meyer 2335 west Highway 36 St. Paul, MN 55113 CERTIFICATE OF MAILING OF NOTICE OF WETLAND CONSERVATION ACT DECISION The undersigned certifies on August 6 , 2004 , he/she - nailed copies of the attached Notice of Wetland Conservation Act Decision to the addressees listed thereon by depositing the same in the United States Mail in the City of Roseville County of Ramsey and State of Minnesota, properly enveloped with prepaid first class postage. Benjamin L. Meyer € 8/06/04 FRI 12:44 FAX 6123"q357 Xcel Energy Name(s) of Applicant 414 Nicolltt Mall, RS - 8 Street Address City, State, Zip Code (attach additional pages if needed) Timetable: •ro will be The wetland activity at the Description of Exemption Clamed: (Signature of Applicant) wetlandexemptionform. doc ICEL ENERGY ENV SVCS irnes`ota Wetland Conservation Act AppHcation Certifite of No Loss or Exemption* APPLICANT AND PROJECT LOCATION INFORMATION LGUOak Park Heights. Project Location: 1/4, S w 1 /4 jj T2 UTM Coordinates: County NameiNurnber. ' n t o n Minneapolis, MN 55401 Minor watershedName/Number_ Ste Cron. Size of entire wetland: 0 .5 acres Wetland type: Circular 39 ; NWT_ E r x ( 612 ) 33 0 — 6 7 4 Check one: [l < 50 %, LI 50% - 80 %, or > 80% Tele hone may) � venin) Check one: [� A 'cultural land Non-u . la Id — PROPOSED PROJECT DESCRIPTION Describe the nature and purpose of the proposed project: Site preparation and stormwater control in support of construction of air qua lty system upgrade at the A.S . King Plant. C — (Date) D ubw t o f 1 Ri 002 in on 0 8 /0 2 /2 0 0 4 (moLda l and will be co feted b Q l 5 12) 0 4 above site qualifies for the following under the Wetland Conservation Act (WCI L) (checl: one): 1: No Loss Determination (attach plans) ® Exemption # 5 . (per MN Rule Chapter 8420.0122) (Note: Applicant is responsible r .�.� p for subi Tilting t) te proof necessary to show qualification for the exemption claimed.) Incidental wetland. Wetland areas wer constructed on upland and were constructed for the purpose of runoff controlfor stormwater. APPLICANT SIGNATURE The information provided for this deterni.nation is truthful and accurate to the best of my knowledge. I ensure that, in draining, excavating, or filling the subject wetland under an exemption noted above; appropriate erosion control measure ; will be taken to prevent sedimentation of the water; the drain, excavation, or fill will not block fish passage; and the drain, cavatioit, or fill activity will be conducted in compliance with all other applicable federal, state, and local requirements includi g best management practices and water resource protection requirements established under Minnesota Statutes, Ch ipter 10:3H. (ApriI2003) Note: This approval is not effective until the signatures below are cotnplete. No work should begin until the 30 -day appeal window has lapsed, or, in the event of an appeal, until the appeal has been finalized. FOR LGU USE ONLY A.) LGU has received adequate documentation for claim of No -Loss or Exemption, and approves this certificate as outlined above. (County where recorded) (LGU Offici gna - r'(Date) If this certificate applies to 8420.0122, Subp. 1 or Subp. 2B, then Item B below shall be completed and signed by the LGU. ➢ If not, the LGU shall write "Not Applicable" in signature block below and the certificate is complete. B.) LGU has received evidence of recording of Declaration of Restrictions and Covenants for Impacted Wetland Under Agricultural Exemption (BWSR Form B): (LGU Official Signature) (Date) sp This certificate expires F/6 /O 6 (Date) (Date recorded) (Document # assigned by recorder) *APPROVAL OF THIS CERTIFICATE ONLY APPLIES TO THE WCA. Permits from local, state, and federctl agencies may be required. Check with the appropriate authorities before commencing work in or near wetlands. The Combined Project Application form can be used for this purpose. Notice of the above decision must be mailed to the following parties within 10 working days of the decision: 1. Landowner /Applicant 2. Members of the Technical Evaluation Panel 3. Watershed District or Watershed Management Organization (If Applicable) 4. Department of Natural Resources Regional Office 5. DNR Wetlands Coordinator @a Ecological Services Section 500 Lafayette Road, Box 25 St. Paul, MN 55155 6. Corps of Engineers Project Manager @a Department of the Army, Corps of Engineers, St. Paul District ATTN: CO -R, 190 Fifth Street East St. Paul, MN 55101-1638 7. Members of the public who have requested to receive notice. Page 2 of 2 wetlandexemptionform.doe (April 2003) Xcel Energy =M August 2, 2004 Mr. Benjamin Meyer Bonestroo, Rosene, Anderlik & Associates 2335 West Highway 36 St. Paul, MN 55113 Dear Mr. Meyer, 414 Nicollet Mall Minneapolis, Minnesota 55401 -1993 Three areas that were identified earlier by the LGU (oak Park Heights) for further review were inspected during an on -site visit to the A.S. King Plant construction area on July 30, 2004. The areas inspected were as follows: Area 1 which is located by the northeast corner of the substation encompassing part of the temporary slag storage bermed containment area; Area 2 which is located by the northwest corner of the substation; and Area 3 which is located just northwest of Area 2 next to the warehouse. Review with Erik Johnson (City Administrator, Oak Park Heights) and the City's wetland consultant Benjamin Meyer ( Bonestroo Rosene Anderlik and Associates) of Area 3 found that area as an upland area that drains via a culvert to Area 2 and therefore is not included in the wetland assessment. None of these areas are located in an area that was originally wetland as shown in Figure 1. Also, none are identified as DNR Protected Waters (Figure 2) or NWI (Figure 3) maps. inspection of Area 2 and review of drawings for the existing plant and substation found the area to be stormwater runoff conveyances/ditching for the site substation and yard areas connected by culverts eventually draining to Anderson wetland. Wetland -type vegetation (cattails) has grown up in the ditches since initial construction in 1965. The rehabilitation work entails expanding the ditching of Area 2 into a surge capacity /storage area for runoff drainage and installing outlet protection (from oil and high flow debris) in the area, an improvement in terms of water quality protection over the existing culvert conveyance. The expansion of this area may entail retention of an area of runoff water. Area 1 is also an area of substation as well as rail spur stormwater runoff conveyances. As we discussed during the site visit, several projects have affected drainage from Area 1 over the years, resulting in additional water retention allowing the growth of wetland -type vegetation. Years ago a lined wastewater treatment pond was constructed off of the southeast corner of the substation, and as a result of this project, the ditching was re-graded/re-directed along the east edge of the substation from draining to the south (ultimately to Anderson wetland) to draining to the north. The King Plant originally received coal deliveries via barge in the St Croix River. These barges can be seen in the upper left -hand corner of Figure 5. However, during the mid- 1980's, the rail spur and associated berm and buildings were installed to allow rail delivery of western coals. The east end of the rail spur changed the alignment off the coal yard berming that ran northeast from the northeast corner of the substation. This also changed the drainage pattern within the coal yard and its ponds near the berm as well as outside of the berm along the substation in the area of temporary slag storage. The outside of the rail spur was a new area of runoff contributing to the same conveyances directing stormwater drainage to the north, then to the river. After installation of the rail spur for water quality protection purposes, a small earthen berm was installed along the temporary slag storage area. That berm, which is still in place, retains runoff water. After the rehabilitation project, Area 1 will be roadway and yard areas. Please refer to Figures 5, an aerial photo dated July 16, 1979 and Figure 6, an aerial photo dated August 31, 1993. These two photos show a before and after view of the changes in the rail spur and bermed area. Note that coal slag has been temporarily stored in the area that is now a wetland (Area 1). Review of the enclosed photographs and drawings, particularly the topography just prior to construction, indicate that Areas 1 and 2 were not wetland areas. Swamps, ponds, and wetland vegetation are indicated elsewhere closer to the river, on the drawings and original elevations do not suggest ponding areas. Also, changes in drainage from Area 1 or affecting drainage from Area 1 can be observed in the photographs. An aerial photograph dated 1938 also indicates that Areas 1 and 2 were upland (Figure 7). Areas 1 and 2 should be exempt as Incidental Wetlands per MN Rules 8420.0122 Subp 50 and the City of Oak Park Heights Wetland Ordinance 406. These areas were not located in historical wetlands nor were they created for the purpose of mitigation or establishing a wetland. They were created for the purpose of pollution control as control of stormwater runoff for protection of the St. Croix River. Please refer to Figure 4, Construction Facilities Plan. This figure was drawn in July of 1905, prior to construction of the King Plant and shows existing contour lines and wetland areas at that time. An Application for Certification of No Loss or Exemption is included with this letter. All BMPs will be implemented and maintained during construction in and around Areas 1 and 2. If you have any questions please call either Jim Bodensteiner at (612) 330 -6625 or Sharon Sarappo at (612) 330 -6743. A quick approval of this project would be greatly appreciated. Please send the Notice of Decision to Sharon Sarappo. Sincerely, ArtilA Sharon Sarappo Senior Environmental Analyst J Bodensteiner Senior Environmental Analyst Cc: Dan Seeman M-- COE St Paul Molly Showdeen - DNR Darrell Knutson — King Mike Peterson - King Byron Nordell King Dan Watts - King Terry Coss Environmental Services Records Center Attachments 1- Figure 1. Historical Topographical Map, 1 965 2- Figure 2. DNR Protected Water Map 3- Figure 3. MWI Map 4- Figure 4. Topographic Map of Wetland Areas 5- Figure 5. Aerial Photo of King Plant, July 16, 1979 6- Figure 6. Aerial Photo of King Plant, August 31, 1993 7- Figure 7. Aerial Photo of King Plant property, 1938 8- Figure 8. Soil Survey Map 9- Application for Certificate of No Loss or Exemption FIGURE 1. HISTORICAL TOPO MAP, 1965 Figure 2. DNR Protected Water Map AS King Plant 44, 3 0 Ai) • 51 5 v Ns nne, h . kik 'Spill 41* i tilt u .14 ,\ ill -- , ...., 4.46 , , Ntft. ow w .. (_‘ - - z..... ... ..,... -,..„.. 1 ,,,, .,140. claw, wf .„ w ‘‘ 4.....1.„,d 1 , 5 1 6 47'30" 5 17 0 00m.E. 11 280 000 FE LAKELAND 3.5 41. FIGURE 3. NWI MAP Oxus j '—'7 i 3O fl / --- X \\-v \ I ) ; •1 INTEFUOR-GEOLOOICAL SU VEY. RESTO4 VIFIGINiAi I HUDSON 1.5 MI. RIVER FALLS 13 MI. ' STILLWATER, MINN. WS. 54, • Alt is so • k ZY) c\i 0) cD z c\! co • 0 g CI .4 0 a 0 i O czt. LU cr 0 LL 4- 6 o) 4 - 0 cn co a) 0 2 0 • c E co 0 Z O Q D avt FIGURE 5. AERIAL PHOTO OF KING PLANT, JULY 16, 1979 FIGURE 6. AERIAL PHOTO OF KING PLANT, AUGUST 31, 1993 FIGURE 7. AERIAL PHOTO OF KING PLANT PROPERTY, 1938 • AS King Generating Plant Bayport, Minnesota 1938 1.110 Project Number MAEF1937 Approximate Scale 1.6000 (1" -544') FIGURE 8. SOIL SURVEY MAP Minnesota Wetland Co ervation Act Affidavit /Exemption Evidence for Local Government Units I do hereby certify that the following statement of evidence or activity is true and may be used as evidence to support qualification for WCA exemptions. The LGU may require additional affidavits or verification evidence before making an exemption determination. Project Location: Gov. Lot(s) Quarter Section(s) Section(s) Township No. Range No. (County /City/Lot/ Block/Subdivision) Exern tion: DESCRIPTION OF EVIDENCE FOR EXEMPTION: On penalty of perjury, I hereby swear under oath that the information above, made for the a ose of documenting p � �, qualification for an exemption from the WCA, is true to the best of my knowledge. Signature Date Social Sec. No. ACKNOWLEDGEMENT The foregoing instrument was subscribed and sworn to before me on: (day), _ L (month) 9 (year), by (Notary Stamp or Seal) Page 1 of 1 BWSR_Form_WCA_ Exemption _4(Exemption_Affidavit).doc (April 2003)