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HomeMy WebLinkAbout2013-11-14 Washington Conservation District Memorandum Re AS King Plant Rail Expansion 3 t .AD ► I' � E RYAT N , � '"411 S-T C "N- MEMORANDUM TO (via email): Ben Meyer,Stantec—on behalf of the City of Oak Park Heights CC(via email): Dennis Rodacker,BWSR Melissa Doperalski,DNR Mike Isensee,MSCWMO Nathan Campbell,USACE Eric Johnson,City of Oak Park Heights FROM: Jed Chesnut,Wetland Specialist DATE: November 14,2013 RE: Allen S. King Plant Rail Yard Expansion—Boundary/Type and Replacement Plan Application The Washington Conservation District(WCD)has received and reviewed the above referenced application for consistency and compliance with the Minnesota Wetland Conservation Act(WCA). The following comments are provided,separated into sections pertaining to each application type: Boundary/Type Application 1. The wetlands and adjacent uplands are described sufficiently; 2. The delineation memo does not provide the Circular 39 and/or the Eggers and Reed wetland types (although this information is in the Replacement Plan Application); 3. The soil datasheet for wetland 1 appears to be missing from the PDF report that was received by the WCD; 4. The delineation memo does not include a DNR Public Waters Map. 5. The delineation memo states that the wetlands were delineated in accordance with the Midwest Regional Supplement of the Wetland Delineation Manual.The project area is in the Northcentral/Northeast Region and that supplement should be referenced.The correct regional datasheets were used. Replacement Plan Application 1. The application does not include"Part II of the Minnesota Local/State/Federal Application Form for Water/Wetland Projects."Therefore the application is not complete.Part II must be included; 2. The applicant provides sufficient detail for the need and purpose of the project and related wetland impacts; 3. The application states that a portion of each track cannot be used during the St.Croix Bridge construction due to safety reasons and therefore requiring the need for additional ladder tracks.Once the St. Croix Bridge construction is complete,will the existing rail bed be usable and meet the needs of the facility?If this is the case,then it could be possible to consider these impacts temporary,albeit Supervisors: Louise Smallidge ° Bob Rosenquist ° George Weyer John Rheinberger Jim Levitt longer than the six months generally applied under Mn Rule 8420.0415.Mn Rule 8420.0415,item 1-1(2) allows for longer periods of temporary impact through LGU approval with consultation with the technical evaluation panel.This could possibly be applicable in this instance and may eliminate the need for replacement; 4. The applicant provides at least two reasonable alternatives to the impacts; 5. The application does not provide detail on the minimization efforts for the proposed impacts.A general statement of"a gentle slope between the rail bed and the surface elevation of wetland"is mentioned,but what is the slope?Has the slope been maximized to reduce wetland impacts while maintaining support for the rail bed?Additional detail on impact minimization should be included; 6. The application references"grading activities"but does not contain a grading plan for review; 7. The applicant proposes 0.3122 acres of permanent wetland impact requiring 0.6244 acres of replacement at a 2:1 ratio.This is consistent with the requirements of the WCA; 8. The applicant proposes to utilize 0.02 credits (from a previous project) from Wetland Bank Account #1104 in Chisago County.These credits are not eligible for this project's required replacement,as per.Mn Rule 8420.0522,Subp. 7 Siting of Replacement: "impacts in a less than 50%area (Washington County) must be replaced in a less than 50%area."Chisago County is in a 50%-80% area and therefore credits in that County cannot be used for impacts in Washington County(See also Mn Statute 103G.222,Subd.3,as enacted in May,2011); 9. The applicant proposes to purchase wetland credits for the other 0.6044 acres of required replacement from a wetland bank in Bank Service Area 6,however does not provide the required information as per Mn Rule 8420.0330 Subp.3C (i.e.bank account number,completed application for withdrawal,etc).This information is required for the application to be complete; 10. Table 2 of Attachment 1 of the application contains wetland type information including Eggers and Reed and Circular 39 typing.For each wetland,the two types do not correlate.For example,for wetland 2 the Eggers and Reed wetland type of"fresh(wet)meadow"does not correlate with a Circular 39 Type 1 wetland.The wetland types as marked on page 1,Section 2 of the Part I application also do not match.The wetland types should be revised. This concludes the WCD's review of the Alan S.King Plant Rail Yard Expansion WCA Replacement Plan and Wetland Boundary/Type Application.Thank you for the opportunity to review and comment.Please call me at 651-275-1136 x25 or email at jchesnut ramnwcd.or,if you have any questions. Julie Hultman From: Eric Johnson Sent: Thursday, November 14, 2013 3:17 PM To: Julie Hultman Subject: FW: Oak Park Heights WCA Notice of Application Attachments: Memo - OakParkHgts - King Rail Yard_WCA comment 111413.pdf For the file.... Xcel rail expansion From: Jed Chesnut [mailto:jchesnut @mnwcd.orq] Sent: Thursday, November 14, 2013 12:12 PM To: Meyer, Ben; dennis.rodacker @state.mn.us; melissa.doperalski @state.mn.us; Mike Isensee Cc: Nathan.J.Campbell @usace.army.mil; Eric Johnson Subject: RE: Oak Park Heights WCA Notice of Application Ben, Please find attached the WCD's comments on the Allen S. King Plant Rail Yard Expansion wetland application. Thanks, Jed Chesnut 651-275-1136 x25-jchesnut Omnwcd.org From: Meyer, Ben [mailto:Ben.Meyer @stantec.com] Sent: Wednesday, October 30, 2013 3:50 PM To: Jed Chesnut; dennis.rodacker @state.mn.us; melissa.doperalski @state.mn.us; Mike Isensee Cc: Nathan J. Campbell (Nathan.J.Campbell@usace.army.mil); Long, Chris; Eric Johnson (eajohnson @cityofoakparkheights.com); Schubbe, Jonathan (Jonathan.Schubbe @hdrinc.com); james.zyduck @xcelenergy.com Subject: Oak Park Heights WCA Notice of Application On behalf of the City of Oak Park Heights, please accept the attached Xcel Energy King Plant rail yard expansion wetland replacement plan application for review and the WCA Notice of Application. Please direct your questions or comments to me. Thank you, WCA LGU Agent—City of Oak Park Heights Ben Meyer: , -,S., PWS, VIDC !'<'.:: i g s StctrItec 2335 Highway'S,, West M. Patti MN 55113 CE(11: ,F 51) 253-6648 n1e'. r r rn 1