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Home My WebLink About2005-04-07 City Administrator Memo to Planning CommissionCity of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 April 7 2005 MEMO TO: Planning Commission tvirem FROM: RE: Fill Permit Request — Xcel Energy Summary Eric Johnson, City Adminis for Xcel Energy has submitted a request to fill a ditch located at the A.S. King Facility. Please see EXHIBIT 1. City Ordinance 308.08 — Land Reclamation and Grading, requires that a Conditional Use Permit be granted that would allow such activities that exceed 25 cubic yards per acre. The area proposed to be filled is a storm water drainage ditch that services the tower pads directly to the north and would exceed this threshold. This ditch ultimately drains to the St. Croix River via a 36" culvert. The proposed fill area does not alter such drainage plan and its ultimate downstream destination. Xcel Energy has provided a Notice of Wetland Conservation Act Decision, see EXHIBIT 2 which states that the wetlands that are to be filled in, are "incidental" and not naturally occurring wetlands; the ditch is a man-made structure that has taken on some wetland characteristics since construction. Upon review of the submitted information, there appears to be not to be any detrimental social, economic or environmental impacts; and that Staff recommends that the Conditional Use Permit be approved and the fill be permitted as requested by the applicant with the following conditions: 1. Final drainage plans shall be subject to the final review and approval of the City Engineer; 2. Xcel Energy shall submit drainage plans to the Middle St. Croix Water Management Organization for final review, once comments are provided Xcel may then potentially proceed. Comments received shall be provided to the City; 3. Xcel Energy shall submit drainage plans to Minnesota DNR, Ms. Molly Shodeen for review, once comments are provided Xcel may then potentially proceed. Comments received shall be provided to the City. n FG t AREA TAO BE L_F Fl URE 2 icRik { ic\ U r Itgli;413;f4:: c•AR0 • Minnesota Wetland Conservation Act Notice of Wetland Conservation Act Decision Name of Applicant: xcel Ener Sl .aron Sara o Project Name: MERP Parking Expansion Application Number: 55 -04 -000 (2005) A.S. King Plant Type of Application (check one): Date of Decision: March 8, 2005 List of Addressees: Landowner: A.S. King Generating Plant Attn: Mr. Darrell Knutson 1103 King Plant Road Bayport, MN 55003 Xcel Energy Attn: Ms. Sharon Sarappo 414 Nicollet Mall, RS 8 Minneapolis, MN 55401 Notice of WCA Decision.doc Name and Address of Local Government 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 g Exemption Decision No Loss Decision Replacement Plan Decision Banking Plan Decision Wetland Type /Boundary Decision Check One: >( Approved r — i Approved with conditions (see note on page 2 regarding use of wetland banking credits) ri Denied Summary of Pr of ect /Decision (indicate exemption number per MN Rule 8420.0122, if applicable): Subp. 5 Incidental Wetlands. Applicant has shown that impact will occur to a ditch area that was constructed in a historic upland location, but that currently exhibits wetland characteristics. The impact area is from the expansion of a gravel parking lot (see attached supporting documents). - Page 1 of 9/16/04 "XN Members of Technical Evaluation Panel: MN Board of Water and Soil Resources Attn: Mr. Les Lemm 520 Lafayette Road North St. Paul, vIN 55155 Washington Conservation District Attn: Ms. Jyneen E. Thatcher 1380 W Frontage Rd, Highway 36 Stillwater, MN 55082 Watershed District or Watershed Manauement 0r anization If A plicable): Middle St. Croix WMO 294 North 3R Street Bayport, MN 55003 Department of Natural Resources Regional Office: DNR. Ecological Services Section Attn: Mr. Wayne Barstad 1200 Warner Road St. Paul, MN 55106 DNR TEP Representative (if different than above) MN DNR. Water Resources Division Attn: Ms. Molly Shodeen 1200 Warner Road St. Paul, MN 55106 Cor of En ineers Pro ect Manacer Department of the Army, Corps of Engineers, St. Paul District ATTN: Mr. Dan Seeman 190 Fifth Street East St. Paul, MN 55101-1638 Individual members of the public who re • uested a co summai onl City Engineer, Oak Park Heights ATTN: Mr. Dennis Postier Bonestroo, Rosene, Anderlik & Assoc. 2335 W. Hwy 36 St. Paul, MN 55113 You are hereby notified that the decision of the Local Government Unit on the above - referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. 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. Notice of WCA Decision.doc - Page 2 of 3 9/16/04 NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking credits is conditional upon withdrawal of the appropriate credits from the state wetland bank. No wetland impacts may commence until the applicant receives a copy of the fully signed and executed "Application for Withdrawal of Wetland Credits," signed by the BWSR wetland bank administrator certifying that the wetland bank credits have been debited. THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. LOCAL GOVERNMENT UNIT City of Oak Park Heights Signature a ._ March 8, 2005 Date Benjamin L. Meyer, WCA Agent — City of Oak Park Heights Name and Title Notice of WCA Decision.doc Page 3 of 3 9116/04 Minnesota Wetland Co ervation Act Certificate of Mailing of Notice of Wetland Conservation Act Decision Name and address of local government unit: City of oak Park Heights Attn: Mr. Eric Johnson 14168 Oak Park Boulevard Oak Park Heights, MN 55082 -2007 WCA Agent Bonestroo, Roselle, Anderlik c Assoc. Attn: Mr. Ben Meyer 2335 West Highway 36 St. Paul, MN 55113 The undersigned certifies on March 8 , 2005 , he/she mailed copies of the attached Notice of Wetland Conservation Act Decision to the addressees listed thereon by depositing the sane in the United States Mail in the City of Roseville , County of Ramsey, and State of Minnesota, properly enveloped with prepaid first class postage. Signature WCA A er�t �- Cit of oak Park Heights Title March 8, 2005 Date Page 1 of 1 Certificate of Mailing Decision.doc (April 2003) M innesota Wetland Cons Act Application for Certificate of No Loss or Exemption* Xcel Energy Name(s) of Applicant 414 Nicollet Mall, RS -8 Street Address ±I_inneapo l is , MN 55401 City, State, Zip Code (612 ) 334- 674.`1 ( Telephone (Day) (Evening) x Description of Exemption Claimed: APPLICANT AND PROJECT LOCATION INFORMATION LGU:Oak Park Heights Project Location: 1/4 S W 1/4N W S 2 T 2 9 R. 2 0 UTM Coordinates: X ¥ County Name/Number: washing t on Minor Watershed Name/Number:S Cr o ix Size of entire wetland: 1 / 4 acres Wetland type: Circular 39 ; Nwi P E M E r x Check one: < 50 %, 1 1 50% - 80%, or LJ > 80% Check one: Agricultural land Non -ag. land PROPOSED PROJECT DESCRIPTION Describe the nature and purpose of the proposed project: Parking area for staff during at the A o S e King Plant (attach additional pages if needed) Timetable:.roject will be in on construction of air quality system upgrade o /day /yr) and will be com feted by i ' 7 00 .E • 1 r. The wetland activity at the above site qualifies for the following under the Wetland Conservation. Act (WCA) (check one): No Loss Determination (attach plans) (per Exemption # 5 er MN Rule Chapter 8420.0122) ('dote.. Applicant is responsible for submitting the proof p necessary to show qualification for the exemption claimed.) Incidental wetland. Wetland area was constructed on upland and was con- structed for the purpose of runoff control for stormwater. a APPLICANT SIGNATURE The information p rovided for this determination is truthful and accurate to the best of my knowledge. 1 ensure that, in draining, excavating, or filling the subject wetland under an exemption noted above; appropriate erosion control measures will be taken to prevent sedimentation of the water; the drain, excavation, or fill will not block fish passage; and the drain, excavation, or fill activity will be conducted in compliance with all other applicable federal, state, and local requirements; including best � r Minnesota Statutes, Chapter practices and water resource protection requirements established under M g ter 1 03H. p (Signature of Applicant) (Date) Agra 1 o f '7 BWSR_ Form _WCA_Exemption_2(App_for_Certif No_Loss).doc (April 2003) Note: This approval is not effective until the signatures below are complete. 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 (LGU Official Signature (County where recorded) f (LGU Official Signature) 3/8 / Rs (Date) (Date recorded) (Date) A.) LGU has received adequate documentation for claim of No -Loss or Exemption, and approves this certificate as outlined above. This certificate expires 3 76 /6 6 (Date) If this certificate applies to 5420.0122, 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): (Document # assigned by recorder) *APPROVAL OF THIS CERTIFICATE ONLY APPLIES TO THE WCA. Permits from local, state, and federal 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: I. 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 c Ecological Services Section 500 Lafayette Road, Box 25 St. Paul, MN 55155 6. Corps of Engineers Project Manager @ 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 Application for Certificate of No Loss or Exemption.doc (April 2003)