07A - Dwight Wetland Application

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STAFF REPORT Item: Wetland Fill Application Applicant: Valerie Dwight I Background: The Dwight property has been on the violation list for the City for filling in wetlands without a permit. The Dwights have chosen to resolve the violation by submitting an application form for wetland projects. A Technical Evaluation Panel was formed, consisting of representatives from the Board of Water & Soil Resources, the Crow Wing Soil and Water Conservation District,the Department of Natural Resources Ecological Services, and the City of Pequot Lakes. Representatives from the Corps of Engineers and the Minnesota Pollution Control Agency were also in attendance at the meetings held to review the Dwights application. The Technical Evaluation Panel is responsible for making a recommendation to the City of Pequot Lakes on Wetland Replacement Applications. The City has the final authority on the status of the application,and the City has the ability to be more restrictive than the Panel. The Panel recommends that the Dwight application be approved based on the following findings of fact: i. The fill can be justified as a safety issue. It will reduce parking on the public road which reduces the possibility of an accident. The fill cannot be avoided since the entire lot is wetland. 2. The fill has been minimized to the amount necessary.The application could have applied for more fill than they did for access to the lake or other items. 3. The wetland impacts will be replaced at a 2:1 ration or greater. The TEP is recommending that the replacement ration be increased from 2:1 to 4:1 with the first 2:1 to occur through the Morrison County Wetland Bank and the remaining 2:1 through the Crow Wing County Water Quality Fund that is held by the Crow Wing Soil and Water Conservation District(SWCD)or a fund that the City may establish.The Water Quality Fund is based on a $io,000 per acre rate and will be used for water quality projects within the County. The required payment comes to$480.The Panel would review any projects that this fund would be used for. The recommended increased ration was determined based on the Cass County Wetland Management Plan.This method was chose because Sibley Lake is partly located in Cass County and the method would more accurately address the functions and values of the lost area. The method rates eight wetland values and uses a total score to determine the replacement ration. The following is list of the factors that were rated and their corresponding scores: 1. Uniqueness—1 2. Wildlife—2 3. Fisheries—3 4. Water Quality—3 5. Rare,Threatened,and Endangered Species—2 6. Cultural Resources—3 7. Flood Attenuation—3 8. Groundwater Sensitivity—3 The total score for this property is 20, falling in the score range that requires the replacement ratio of 4:1. City of Pequot Lakes Staff Report 5-1 November 17,2005