Loading...
2001-10-22Aeenda Mound City Council Workshop CSAH 15 and Related Project Funding October 22, 2001 7:00 PM Call meeting to order <~ ~:t~$' ~ ~ 16 ~uL~ Review project components and costs 3. Review project sources Se Review gap between cost and identified sources Discuss funding options and impacts Discuss decision time fram Adjourn meeting ~ ~ m~ ~ EHLERS & ASSOCIATES INC TO: From: Subject: Date: Kandis Hanson, City Manager Jim Prosser, Financial Advisor CSAH 15 Funding Options October 15, 2001 Ehlers & Associates has been asked to prepare a summary of the estimated costs associated with CSAH 15 and related downtown improvements. Hoisington-Koegler Group, Inc., MRFA and Kennedy Graven have provided estimates of these costs. The attached spreadsheet reflects our best estimate of City costs related to this project. The left hand columns on the spreadsheet organize the "uses" or estimated expenditures. The right hand columns reflect the potential funding sources to pay project costs. The attached spreadsheet demonstrates that this is a very complex project. It is important that the City develops a clear understanding of project related costs and financing options in order to make decisions regarding this project. For that reason the spreadsheet generally reflects prospective expenses and not previously incurred expenses. As shown, the total project costs are estimated at $12,783,500. Fortunately, most of the project cost will be paid by outside sources as shown below. Funding Source Summary Non designated 3,834,676 30% Federal Grant* 640,000 5% Reserved City Funds 2,266,250 18% County 3,620,000 28% Other agency payments 1,229,000 10% Developer assessed 1,193,924 9% Total 12,783,850 100% * Requires 20% City match The full listing for each of these sources is found on the attached spread sheet. Most of the outside funding sources will need to be secured by agency agreement prior to spending for that particular project. Agreements will be needed for Hennepin County, Metropolitan Council Waste Water, Xcel Energy and Metro Transit. The City reserved funding sources include, primarily, monies set aside for this specific project. Also shown is a summary of expected land sale proceeds in the amount of $580,000. The difference between identified sources and total project cost is shown as "non designated" and is estimated at approximately $3.8 million. It will be necessary to identify a funding source for this amount for the project to proceed. While a variety of options are technically available most are not practi,cal. The recommended financing options is the issuance of General Obligation Improvement Bonds. These LEADERS IN PUBLIC FINANCE ~ 3060 Centre Pointe Drive 651.697.8534 fax 651.697.8555 Roseville, MN 55113-1105 diana@ehlers-inc.com Page 2 October 17, 2001 bonds would be issued as part of the road improvement and would include the amount to be assessed and paid for by the developers (estimated at $1.2 million). The total amount of the issue would be approximately $5 million. Of that amount $1.2 million would be paid by assessments (secured through development agreements). The balance of $3.8 million would be paid from the City's general debt levy assessed against all property within the City. The attached exhibit B shows the annual tax levy required to support this debt issue. This amount could be reduced by up to $110,000 annually by use o£a portion of the Municipal State Aid (MSA) capital funds allocated to the City annually. This represents 50 % of the total allocation for the City. State law permits use of funds for this purpose. The tax impact for these options is shown on the attached Exhibit B. At the time the City sells the various remnant parcels these funds could be used to reduce the tax levy or reimburse the capital fund for prior project expenditures. C:\W1NDOWS\Temporary lntemet Files\Content. IE5\496BCDEF~l 0.15.10 funding memo .wpd City of Mound Mound Visions Redevelopment-Related Public Expenditures October 16, 2001 Uses Sources Amount Amount Lost Lake Greenway Construction 1,100,000 Reserved City Funds ~ 450,000 Design/Engineering/Admin. 65,000 TEA 21 520,000 Non Designated 195,000 subtotal 1,165, 000 subtotal ~, ~ 65, 000 County Road 15 Relocation ROW Acquisition 4,300,000 County 50/50 ROW cost split 2,150,000 Construction _ .~ ~ ~,~m~ ~ ~ 2,100,000 County 70/30 construction split 1,470,000 Watermain Replacement ~ 100,000 Water fund 100,000 Agency Coordination 50,000 MSA fund balance (1/31/02) 900,000 Non Designated 1,930,000 subtotal 6,550,000 subtotal 6, 550, 000 CSAH15 Streetscape (areas not linked to redevelopment projects listed below) and Park & Ride Lot .~~~-"~ Streetscape Construction ~/.,'~'~'Q~-~-~x~b~ ~0,000 TEA 21 ~'~'~ 68,000 Park & Ride Lot Construction J 85,000 Xcel ~ --c/.~ ~ 54,000 Park & Ride Lot Site Amenities 25,000 MetroTransit 120,000 Design/Engineering/Admin. 138,600 Bus Shelter Construction 120,000 Non Designated 766,600 subtotal 1,028, 600 subtotal 1,028, 600 Auditors Road Completion Post Office Demolition 70,000 Street Construction 250,000 Public Contrib to Auditors Storm Pond 25,000 PO Demolition Eng/Admin 9,800 Construction Eng/Admin 62,500 Non designated 417,300 subtotal 417, 300 subtotal 417, 300 Regional Storrnwater Pond Appraisals 10,000 MCWD payment 190,000 Environmental Testing 15,000 Stormwater Bond Proceeds 200,000 Property Acquisition 185,000 Pond Construction 190,000 Agency Coordination 15,000 Contamination Contingency 50,000 Non Designated 75,000 subtotal 465, 000 subtotal 465, 000 Well Closure/Relocation Relocate/Restore Pump House 125,000 Water Fund 125,000 Abandon Existing Well 10,000 Water Bond Proceeds 341,250 Drill New Well 265,000 New Well Dsn/Eng/Admin. 66,250 Non Designated subtotal 466,250 subtotal 466,250 Lift Station Relocation ~ 4{u~.~ J~O ~r~.~L-~c~.~R.~t~ ,t~% -- Appraisals---- ~J 5,000 Metro Waste 250,000 Environmental Testing ~.~- ~ 12,000 Developer Payment - Assessed 212,000 Property Acquisition ~t ~1~10¢~c¢h ~ 115,000 Construction 250,000 Agency Coordination 10,000 Easement Contingency 20,000 Contamination Contingency 50,000 Non Designated subtotal 462, 000 .,, subtotal 462, 000 Apraisals Xcel franchise (ratepayers) 525,000 Environmental Testing 20,000 Land sale proceeds 90,000 Substation Land Acquisition 90,000 Line Relocation 500,000 Agency Coordination 20,000 Contamination Contingency 25,000 Non Designated 50,000 subtotal 665, 000 subtotal 665, 000 Xcel Distribution Line Relocation Agency Coordination 10,000 Non Designated 10,000 subtotal 10, 000 subtotal 10, 000 Prepared by Ehlers & Associates, Inc. Page I of 3 City of Mound Mound Visions Redevelopment. Related Public Expenditures October 16, 2001 Uses Sources Items Related to Langdon District Redev Utility Improvements 40,000 Developer Payment - Assessed ) 230,100 Commerce Boulevard Streetscape 125,000 Commerce Blvd On-Street Parking 30,000 Legal Consult 15,000 Planning Consult 6,000 Redevelopment Consult 10,000 Non Designated 31,000 subtotal 261,1 O0 subtotal 261,100 Items Related to Auditors District Redev Commerce Blvd On-Street Parking 30,000 Design/Engineering/Admin. 72,900 Legal Consult 15,000 Planning Consult 6,000 Redevelopment Consult 10,000 Non Designated 31,000 subtotal 508, 900 subtotal 508, go0 Items Related to MetroPlalns Redev CSAH 15 Streetscape 64,300 Developer Payment - Assessed 214,524 Commerce Boulevard Streetscape 102,500 Turn-lane on CSAH 15 15,000 Design/Engineering/Ad min. 32,724 Legal Consult 6,000 Planning Consult 3,000 Redevelopment Consult 3,000 Non designated 12,000 subtotal 226, 524 subtotal 226, 524 Items Related to True Value District Redev CSAH 15 Streetscape 132,200 TEA 21 32,000 Commerce Boulevard Streetscape 55,000 HRA Fund Balance 150,000 Commerce Blvd On-Street Parking 6,000 Assessed to owners 12,200 Municipal Parking Lot ~- 150,000 Desig n/Engineering/Admin. 61,776 Contamination Contingency 50,000 Legal Consult 6,000 Planning Consult 4,000 Redevelopment Consult 4,000 Non designated 274,776 subtotal 468, 976 subtotal 468, 976 Items Related to Post Office Development CSAH 15 Streetscape 40,000 ~ Assessed to owners 47,200 Design/Engineering/Admin. 7,200 Legal Consult 5,000 Planning Consult 1,000 Redevelopment Consult 1,000 Non designated 7,000 subtotal 54, 200 subtotal 54, 200 Misc Mound Visions Coordination Legal Consult 5,000 Planning Consult 20,000 Redevelopment Consult 10,000 Non designated 35,000 subtotal 35,000 subtotal 35~ 000 Budget Total $ 12,783,850 $ ~2,783,850 Prepared by Ehlem & Associates, Inc. Page 2 of 3 Fundinp fiource fiummary Non designated TEA 21 Reserved City Funds County 50/50 ROW cost split County 70/30 construction split Water fund MSA fund balance (1/31/02) Xcel MetroTransit Xcel franchise (ratepayers) Stormwater Bond Proceeds Water Bond Proceeds Metro Waste MCVVD Land payment Developer Payment - Assessed Land sale proceeds - Xcel HRA Fund Balance Assessed to owners Financing Options for Non Designated Increase HRA Levy - annual TIFAdministrative Bond - MetroPlains MSA Bond Land Sale Proceeds Special Assessment - General Levy Portion TIF Bonds City of Mound Mound Visions Redevelopment-Related Public Expenditures Oc' ober 16, 2001 3,834,67E 640,000 450,000 2,150,000 1,470,000 225,000 900,000 54,OOO 120,000 525,000 200,000 341,250 250,000 190,000 1,134,524 90,000 150,000 59,400 1~78~850 30,000 200,000 2,200,000 580,000 4000000+ To be determined Potential Land ,%re Proceeds Longpro Property Mueller Lansing remnent Post Office Total Notes Pay for onging administrative costs Schedule uncertain Commits 1/2 of future construction funds Sale date uncertain 240,000 120,000 580,000 Requires 20% assessment - Requires 20% tax increment payment Prepared by Ehlers & Associates, Inc. Page 3 of 3 City of Mound, MN Analysis of Tax Impact for Potential Bond Issue October 15, 2001 Bond Issue Size Est. Tax Capacity Rates (debt only)* Net Tax Capacity Annual Levy Increase Increase in Tax Rate 3,905,000.00 6,383,825.00 227,000.00 3.56 Type of Property Residential Homestead Commercial/ Industrial Taxable Market Value $8O,OOO 100,000 125,000 150,000 175,000 200,000 250,000 300,000 350,000 $50,000 100,000 200,000 300,000 500,000 Estimated Increase in Taxes for Debt Service Only* $28 36 44 53 62 71 89 107 124 $27 53 116 187 329 Prepared by Ehlers & Associates, Inc. 10/18/2001 Option One City of Mound, MN Debt Service Schedule G.O. Improvement Bonds, Series 2002 Par Amount of Bonds TOTAL SOURCES Total Underwdter's Discount (1.500%) Costs of Issuance Deposit to Project Construction Fund Rounding Amount TOTAL USES Date Principal Rate Interest 2/1/2002 2/1/2003 125,000 2.95% 2/1/2004 130,000 3.35% 2/1/2005 135,000 3.60% 2/1/2006 140,000 3.85% 2/1/2007 145,000 4.10% 2/1/2008 150,000 4.30% 2/1/2009 160,000 4.45% 2/1/2010 165,000 4.55% 2/1/2011 170,000 4.65% 2/1/2012 180,000 4.80% 2/1/2013 190,000 4.95% 2/1/2014 200,000 5.10% 2/1/2015 210,000 5.20 % 2/1/2016 220,000 5.30% 2/1/2017 230,000 5.40% 2/1/2018 245,000 5.50% 2/1/2019 255,000 5.55% 2/1/2020 270,000 5.60% 2/1/2021 285,000 5.65% 2/1/2022 300,000 5.70% 3,905,000 3,905,000 58,575 45,000 3,800,000 1,425 3,905,000 Total P&I P&I + 5.00% MSA 192 415 188 728 184373 179 513 174 123 168 178 161 728 154608 147 100 139 195 130 555 121 150 110,950 100,030 88,370 75,950 62,475 48,323 33,203 17,100 317,415 318,728 319,373 319,513 319,123 318,178 321,728 319,608 317,100 319,195 320,555 321,150 320,950 320,030 318,370 320,950 317,475 318,323 318,203 317,100 333 286 334 664 335 341 335 488 335 079 334 086 337 814 335 588 332 955 335 155 336 583 337 208 336 998 336 032 334 289 336 998 333 349 334 239 334 113 33; 955 / / 3,905,000 (110,000 (110,000 (110,000 (110,000 (110,000 (110,000 (110,000 (110,000 (110,000 (110,000 (110,000 (110,000 (11O,OO0 (110,000 (110,000 (110,000 (110,000 (110,000 (110,0OO (110,000 .et Debt Service 223 286 224 864 225 341 225 488 225 079 224 086 227 814 225 588 222 955 225 155 226 583 227 208 226 998 226 032 224 289 226 998 223 349 224 239 224 113 222 955 2,478,063 6,383,063 6,702,216 (2,200,000) 4,502,216 Prepared by Ehlers & Associates, Inc. 10/18/2001 Hennepin County Transportation Department 1600 Prairie Drive Medina, MN 55340-5421 October 17, 2001 763-745-7500, Phone 763-478-4000, FAX 763-478-4030, TDD www. co.hennepin.mn.us Mr. Jeffrey J. Roos, P.E. McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North Plymouth MN 55447 RE: CSAHI5 Relocation in Mound Please be advised the county will acquire right of way necessary for relocation of CSAH 15 in downtown Mound under Project No. 9417. The county intends to relocate CSAH 15 in 2003, with work to begin as early as possible in the construction season. As you are aware, the city intends to acquire certain properties for redevelopment purposes. Portions of those properties are also required for the CSAH 15 relocation project. In such instances the county would reimburse the city for its prorata share of the property acquisition costs (i.e. purchase price and appraisal costs). I have asked Brad Moe, Real Estate Division Manager, to contact Kandis Hanson to confirm how such cost splits will occur. Regarding the temporary realignment of CSAH 15 along local streets to accommodate redevelopment activities, the county is willing to work with the city to bring about the necessary changes. Accordingly, I have asked Greg Chock, Operations Division Engineer, to meet with John Cameron to determine the scope of work necessary to prepare the local streets for the increased traffic volumes which normally traverse CSAH 15. Sincerely, James N. Grebe, P.E. Director, Transportation Department JNG/cu CCi Kandis Hanson John Cameron Brad Moe Greg Chock Gary Erickson An Equal Opportunity Employer Recycled Paper 5341 Maywood Road Mound, MN 55364 (952) 472~3190 City Council Workshop Agenda Monday, October 22, 2001, 7:00 PM ge Project Overview A. Conditional Approval of Mound Surface Water Management Plan by MCWD - May 10, 2001 B. 180-day timeline for execution of joint cooperative agreement C. Ordinance amendment(s) and timeframe for adoption Discussion Items - Implementation of Mound Surface Water Management Plan A. Preparation of MCWD Generation III Plan B. Proposed buffer increase C. Proposed MCWD Rule M - implementation of wetland buffer for lakes and streams D. Possible impact(s) on redevelopment activities within the City of Mound E. Status of wetlands functions and values report - Hennepin County Conservation District Benefit and Value of Wetland Buffers - Review of Teclmical Information Application of We0and Buffer(s) - City of Mound Projects Questions and Comments 5341 M~y~ood Road Mound, MN 55364 (952) 472-3190 Memorandum To: From: Date: Re: Honorable Mayor and City Council Sarah Smith, Community Development Director 10/18/2001 Surface Water Management Plan / Cooperative Agreement Background As the City Council is aware, the MCWD approved the Mound Surface Water Management Plan (SWMP) on May 10, 2001 subject to a number of conditions including the execution of a cooperative agreement between the MCWD and the City of Mound within six-months following the Plan's approval. At its June 26, 2001 meeting the City Council considered and subsequently tabled the cooperative agreement due to several concerns expressed by members of the Council regarding the adoption of wetland buffer and the types of activities that trigger the implementation of a buffer strip. Project Update City stuff has met on several occasions to discuss the status of the Plan and cooperative agreement and has also met with Glenda Spiotta of the MCWD regarding Mound's Plan as well as the status of the wetlands functions and values report from the Hennepin County Conservation District which is pending completion. Members of the City Council are advised that there are a number of substantial issues associated with the SWMP which merit immediate discussion including, but not limited to, the following items: It is City staff's understanding that the MCWD has begun preparation of its Generation III Plan which may include stricter rules than its current Plan. There are significant benefits for the City of Mound to take over responsibility for surface water management including, but not limited to, permitting issues associated with the pending County Road 15 project as well as downtown redevelopment activities. Due to the existing MCWD role regarding wetland buffers, members of the City Council are advised that Mound's Plan and/or ordinance amendments will not be approved withoUt the inclusion of a wetland buffer requirement City staff has learned that the proposal from the MCWD to increase the wetland buffer standards has once again resurfaced and may be moving forward within the next few month(s). In the event the cooperative agreement between the City of Mound and the MCWD is not approved prior to the six-month deadline, the possibility exists that Mound's Plan could be subject to the proposed new rules effective immediately in the event they are approved. Conversely, if Mound's Plan is already formally approved via execution of the joint cooperative agreement, it is likely we would be "grandfathered in" until such time as the Generation III Plan would be approved by the MCWD. The MCWD has also proposed new buffering rules 0q~le M) that would be applied to lakes and streams in addition to designated wetlands. Wetland Buffers - Technical Information For your review and information, a number of technical documents have been included as attachments to help explain the value and benefit of establishing a wetland buffer. Specifically, please refer to the memorandum and materials that have been provided by City Planner Loren Gordon. · Memorandum from City Planner Loren Gordon dated October 15, 2001 February 12, 2001 draft letter from Peterson Environmental - City of Minnesota Wetland Ordinance · Summary of Wetland Buffer Zone Research and Buffer Recommendations - HKGI for the City of Minnetonka dated January 15, 2001 · City of Wayzata Stormwater Management Plan dated July 2000 - pages 4-13 (wetland buffer benefits) The Role of Natural Buffer Strips in Controlling Phosphorous and Sediment Runoff- Chet Rock Application of the Wetland Buffer - City of Mound Project A number of maps of recent projects have been included to help demonstrate how the wetland buffer would apply in the City of Mound. Staff Participation City stuff, including Dan Parks, Loren Gordon, John Dean and myself will be present at the workshop to review the status of the Mound Surface Water Management Plan and cooperative agreement with members of the City Council. · Parle 2 Supplemental Information · Letter to MCWD dated October 16, 2001 to Ms. Glenda Spiotta · Letter to City of Mound dated October 9, 2001 to Ms. Kandis Hanson · Resolution # 06-2001 from MCWD Board of Managers · Cooperative Agreement- draft · MCWD Handout - Information about MCWD Rules and Permit Applicability · Proposed Rule M - Lake Stream and Wetland Buffer (draft) · Page 3 MEMORANDUM Hoisington Koegler Group Inc. mfl To: From: Date: Subject: Sarah Smith, Community Development Director Loren Gordon, City Planner October 15, 2001 Background Information on Wetland Buffers I have assembled some background information on wetland buffers for the City Council and Staff to assist with discussion involving the application of wetland buffers in development projects. The purpose of this information is to provide a level of technical information on the effectiveness of wetland buffers. Included is information regarding wetland buffers our firm recently completed a similar project for the City of Minnetonka. As a part of our project team, Peterson Environmental Consulting, performed a literature review on the effectiveness of wetland buffers in reducing phosphorous levels on wetlands and water bodies. The letter from Peterson Environmental dated February 12th, provides their observations and recommendations on a draft wetland ordinance. Also in the information from Peterson is a draft report titled, "Summary of Wetland Buffer Zone Research and Buffer Recommendations," prepared for the City of Minnetonka dated January 15, 2001 which was used as a basis for their wetland ordinance. You will also find graphics that show development projects in Mound and are intended to illustrate how Staff would apply wetland buffers per our proposed ordinance language. That language is as follows: Wetland Buffers. When a site is proposed to develop or redevelop in a manner that requires a Major Subdivision, a natural wetland buffer shall be provided. The minimum buffer width along a wetland or replacement wetland within each lot may range fi.om 50 to 150 percent of the requirement in order to provide flexibility and encourage a natural appearance. Still at issue with the MCWD is the idea of buffer averaging. Although most research on buffers suggests averaging is a widely embraced practice, the MCWD is requesting the language we have proposed be removed. Staff believes this is an important element that should be included in our ordinance. A second note with the proposed language above is the use of the term "Major Subdivision" might be modified to reflect the current MCWD language which is "Development" in order to provide flexibility. Staff interpretation of development would be a major subdivision proposal. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax(612) 338-6838 Wetland Buffers -Technical Information February 12, 2001 Mr. Loren Gordon Hoisington Koegler Group 123 North Third Street, Suite 100 Minneapolis, Minnesota 55401 Mr. Tom Goodmm City of Minnetonka 14600 Minnetonka Boulevard Mirmetonka, Minnesota 55345 Subject: Observations & Recommendations Draft Minnetonka Wetland Ordinance PEC Project No. 2000-013 Dear Loren and Tom: With this letter, we are providing our observations and recommendations regarding the draft Minnetonka Wetland Ordinance Amendment dated August 30, 1999. In our comments we will refer primarily to the draft ordinance amendment and to some degree the accompanying staff repo.rt of the same date. We are also providing as supporting material an updated review of scientific literature on wetland buffer zone effectiveness. Our comments are as follows: Ordinance' Subdivision 2 (a): Type 1 wetlands We fully concur that Type 1 wetlands be included in the City's ordinance. By being consistent with state and federal agencies on what is being regulated, the City is streamlining the regulatory process. While some might argue that many Type 1 wetlands are degraded and of poor quality, this issue is best dealt with by varying buffer requirements according to the actual character of the individual wetland. Ordinance Subdivision 2 (a): Lakes and Streams Versus Wetlands There has been some question whether lakes and streams should be distinguished from wetlands or whether they should be covered by the City's wetland ordinance. Under the classification system set forth in "Classification of Wetlands and Deepwater Habitats of the United States" (Cowardin et al.; FWS/OBS Publication 79/31), lakes (lacustrine systems) are distinguished from · · 'Comments/Recommendations on Draft Mirmetonka Wetland Ordinance , ,February 12, 2001 Page 2 PEC Project No. 2000-013 wetlands. Lakes are waterbodies that are more than two meters (6.56 feet) deep while wetland have hydrologic regimes ranging from surface saturation up to two meters of inundation. Similarly, the beds of rivers and streams are classified as riparian systems under the Cowardin system, while adjacent floodplain wetlands are considered palustrine systems. Since lakes and major watercourses are already subject to their own protections under the City's shoreland Ordinance, it probably would minimize confusion to continue distinguishing these waterbodies from wetlands regulable under the wetland ordinance. We believe that waterbodies having shoreland designations should be excluded from the wetland ordinance and protected via the shoreland ordinance. Wetlands that are adjacent to lakes and streams should, however, still be covered by the wetland ordinance. The city seems to have akeady included sufficient flexibility in its draft wetland ordinance to allow the waiver of buffer reqirements in such areas if there is a good reason to do so. We anticipate that in the portion of Minnetonka falling within the HCD's wetland inventory of the MCWD, wetlands adjacent to lakes and streams will be mapped separately from lake basins and streambeds. If the City also wishes to extend to non-wetland lakeshore areas some of the protections afforded to wetlands, there could be some cross-referencing between the two ordinances. However, In a relatively fully developed city like Minnetonka, we would expect significant logistic problems in extending wetland buffer requirements to non-wetland lakeshores across the board. In most cases, riparian lot owners will already have such lakeshore areas in some type of use that they will want to continue. Also, the ability to use those areas as part of the rear yard or for recreation is likely to be a significant factor in the value of the lakeshore property. Ordinance Subdivision 3: Common Jurisdictional Boundaries As with item 1, making the City of Minnetonka's jurisdictional wetland boundaries consistent with state and federal agencies will greatly streamline the regulatory process for both City staff and applicants. In our practice, we have encountered problems in trying to reconcile the City's elevation-based boundaries With wetland delineations done according to the 1987 Corps of Engineers Wetlands Delineation Manual (hereafter referred to as the 1987 Manual). In one case, the elevation of the City wetland boundary actually went through the middle of a resident's garage on the other end of the wetland complex. The elevations of wetland boundaries often vary due to varying hydrologic characteristics across a wetland or wetland complex. Strict use of a specific contour will almost always result in errors on one side of the line or the other. The proposed change is consistent with what is occurring at the state level. Elimination of multiple jurisdictional standards and boundaries was an objective of both the 1996 amendments to the Wetland Conservation Act (WCA) and Senate File 83, which the legislature passed last session. Before 1996, the WCA required the use of the 1989 Federal Manual for Identifying and Delineation Jurisdictional Wetlands, while the Corps of Engineers had gone back to its 1987 Manual. With the 1996 amendments, the WCA requires the same manual as the Corps of Engineers, including any ongoing amendments. Senate File 83 brings the Minnesota DNR into the fold as well. With the passage of Senate File 83, the DNR will no longer be using ordinary ' Comments/Recommendations on Draft Mirmetonka Wetland Ordinance February 12, 2001 Page 3 PEC Project No. 2000-013 high water levels to define their jurisdictional limits on Public Waters Wetlands (i.e. wetlands with a "W" suffix on the Public Waters Inventory). The 1987 Corps of Engineers Wetlands Delineation Manual will now be used by all state and federal agencies in Minnesota to define wetland boundaries. With the proposed ordinance changes, the City of Minnetonka will be consistent with all of these agencies as well. The staff report suggests that the current City delineations continue to be relied upon for minor projects if the applicant hasn't provided one. We would recommend against this. If the use of the City's elevation-based boundary resulted in unintended impacts to wetlands regulated under state and federal programs, it could expose the applicant to potential enforcement action. It would be less problematic to avoid the potential for confusion altogether and to use one common boundary for all programs. · Ordinance Subdivision 3: Wetland Contours Versus Wetland Maps Given that the City's jurisdiction would no longer be def'med by contours, we suggest the existing wetland inventory maps be revised to show the approximate 1987 Manual boundaries of all wetlands regardless of type or elevation. This is What has been done., on other successful inventories we are aware of. The ordinance could then state that the boundaries shown on the maps are only approximate. Actual jurisdictional status determinations and wetland delineations would then be required on any site to which the ordinance would potentially apply. If the contour-based maps are retained, they will generate ongoing confusion for applicants. Also, if WCA/Corps wetlands are potentially involved, a delineation using the 1987 Manual will be required anyway. It is our understanding that the Hennepin Conservation District is currently working on an inventory of all wetlands within the Minnehaha Creek Watershed District. Since much of Minnetonka will be encompassed by this inventory, it may be to the city's advantage to participate in it. It is our understanding that the existing wetland overlay district requires the rezoning of wetland areas impacted by development and any mitigation areas that are created~ Given the substantial advances that have been made in wetland regulation since the current ordinance was adopted, we suggest that a wetland overlay district may no longer be necessary for several reasons: (1) All wetlands in Minnetonka are protected by the Wetland Conservation Act (WCA) for which the City of Minnetonka serves as the responsible Local Government Unit (LGU). Except for activities covered by WCA exemptions, no wetland in Minnetonka can be drained or filled without approval of a WCA Wetland Replacement Plan. Wetlands that are created/restored as mitigation under the WCA must be protected by permanent conservation easements or the equivalent to ensure their long-term viability. The amended ordinance would extend this protection to buffers as well. By providing strict "sequencing" procedures and affording perpetual protection of mitigation and buffer areas, the combination of the WCA and the amended ordinance would obviate the ongoing need for the Minnetonka wetland overlay district. "Comments/Recommendations on Draft Minnetonka Wetland Ordinance February 12, 2001 l~age 4 PEC Project No. 2000-013 (2) Requiring wetland impact and mitigation areas to be rezoned imposes a substantial burden on both applicants and City staff without a concomitant wetland protection benefit. (3) Retaining the overlay district requires the perpetuation of the existing wetland contour maps. Wetland boundaries based on the 1987 Wetlands Delineation Manual cannot be as readily used to define an overlay'district since they cannot be described either by a comour or by metes and bounds. Ordinance Subdivision 7(a)(5): Wetland Buffer Monumentation We strongly support the use of buffer monumentation. We have seen problems a number of times where monuments were not installed before lots were sold or developed. Even when the buffer is within an easement recorded on a deed, we have seen lot purchasers claim ignorance and pursue litigation over their inability to make a buffer part of their lawn..It might be advantageous to the city to standardize the design and content of buffer monument signage. We believe the'City of Chanhassen requires the use of city-designed monument signs that the city sells at a nominal fee to developers. These signs would be a good template for use in the City of Minnetonka. Ordinance Subdivision 7(b): Wetland Buffer Widths & Treatments As described in our updated literature review, wetland buffers do provide .significant benefits in removing nutrients and sediment from surface runoff entering a wetland. The need for buffers is greatest in newly developing areas or on farmland, where sediment and nutrients are liberated by grading activity or cultivation. Where established buffer vegetation is akead¥ in place, substantially less buffer width is required to provide adequate protection. Woodard and Rock (1991) found that, with established turf already in place, total phosphorus and TSS levels were returned to background levels within about the first 25 feet of a vegetated buffer. Given Minnetonka's relatively developed status, the city probably can successfully utilize buffer standards that are less strict than in more actively developing communities. The buffer widths proposed in the draft ordinance appear appropriate given the level of existing development and the available scientific literature on buffers. We have provided more detailed discussion and recommendations regarding buffer 'widths in the accompanying summary of buffer zone research. We haven't found evidence in the literature that non-native turf grass is any less effective in removing nutrients and sediment than native grass. Current literature stresses that surface roughness, slope gradient and density of standing vegetation and organic litter play key roles in slowing and filtering water. Generally, if an existing buffer of non-native tuff grass is already in place, we do not feel it is necessary to replace it with native vegetation. When lawns are used as a buffer it does appear that mowing is a factor in buffer effectiveness. Pearce et al. (1997) found that the effectiveness of increased buffer zone length as a sediment filter was enhanced by increased vegetation height. Increased vegetation height would most likely produce larger plant ' Comments/Recommendations on Draft Mirmetonka Wetland Ordinance 0 February 12, 2001 Page 5 PEC Project No. 2000-013 stems and ultimately result in more leaf litter on the ground. If existing turf grass is left mowed, it will provide a more effective buffer than if it 'is not. There are a number of reasons that it may be desirable to replace an existing buffer of non-native grasses to native vegetation. Typically, this is done because the area encompassed by the buffer is thinly vegetated or is dominated by undesirable species. In most cases, native vegetation also produces greater visual interest throughout the year and typically will have more habitat value for wildlife. However, unless there is a specific reason to convert a non-native buffer to a native one, we would generally recommend against conversion to avOid the increased risk of erosion. Both the Plymouth and Eden Prairie wetland ordinances contain performance standard language that defines when existing buffer vegetation must be re-planted. The City of Minnetonka may wish to consider including this language in its ordinance as well. The most common method of eliminating existing vegetation without tillage involves the application of herbicides. Only those formulated for use near waterbodies should be used on buffers (e.g. Rodeo, C-2,4-D and Accord). Herbicide can be applied any time of year while vegetation is active. It is common to bum dead vegetation after herbicide application but this may seldom be feasible in Minnetonka. One problem with eliminating existing vegetation is that the buffer will not be as effective while vegetation is being replaced. As a result, it is desirable to establish new vegetation as quickly as possible. The most efficient method of establishing native vegetation is to plant containerized plants about one week after herbicide is applied (one week is necessary to ensure that residual herbicide does not damage the new plants). Native plant seed can also be raked into a buffer where existing vegetation has been eliminated but it can take two or three years for prairie species to become established. A combination of containerized plants and seeding is probably the best option because the containerized plants will become established quickly and the seed will eventually help fill in the buffer and ensure a dense stand of vegetation. Seeding of uplands should be conducted between May 1 and June 15 or between October 15 and freeze up. Generally, native grass seed that is over-seeded on a buffer or lawn that is currently growing will not become established due to low light levels and competition fi'om existing plants. See the "Native Wetland & Buffer Area Seeding Specifications" in Appendix A for information about planting seed. If buffers will be planted where there is exposed soil (especially on steeper slopes) we recommend the use of fiber blankets. There are a variety of fiber blankets that are currently available on the market that are useful for the establishment of vegetation. Most fiber blankets are designed strictly to prevent erosion, however, there are new products on the market that have vegetation planted directly into the blanket. The benefit of these products is that they can be directly staked into the ground and no additional seeding or planting of containerized plants is necessary. These products can also be contract grown to fit the vegetation to specific site conditions. A local vendor of vegetation-impregnated blankets is Hild and Associates in River Falls Wisconsin. · Comments,rRecommendations on Draft Minnetonka Wetland Or ~dinmnce .February 12, 2001 Page 6 PEG Project No. 2000-013 We recommend that trees be left in buffers as long as they are not shading out understory species and allow for dense standing vegetation and leaf litter in the understory. Research on forested buffers has demonstrated that they can be as effective as grass buffers (Osb°me & Kavacic 1993). Tree reots help add structure to soils as well as increase water filtration. Baffers under trees that provide a significant mount of shade (e.g. silver maple and boxelder) may be problematic in that they may shade out or out-compete understory species. Thinning these trees may be beneficial in some cases. However their mots should not be disturbed due to possible erosion. There aresome understory species that are adapted to dense forest conditions that could be planted in areas of dense shade. Examples would be Virginia wild rye, cardinal flower, obedient plant, Jack in the Pulpit, Virginia Creeper and Pennsylvania sedge. Common and Glossy buckthorn (Rhamnus cathartica and Rhamnus frangula) are significant problems in buffers because they produce dense shade and are believed to have an allelopathic effect by which they inhibit growth of other plants. As a result, buckthorn commonly has no plants growing beneath them, potentially leading to erosion. We recommend that buckthorn be eliminated from existing buffers. Stumps should be cut and treated with a herbicide that can be used near wetlands. Multiple treatments are typically necessary due to buckthorn's tendency to aggressively re-sprout. As stated in the accompanying "Summary of Wetland Buffer Zone Research & Buffer Recommendations", phosphorus is typically the limiting nutrient in Minnesota waterbodies and as a result, efforts to control nutrient loading such as buffers are typically oriented toward phosphorus removal. Although buffers play an important role in reducing nutrient impacts, it is also important to control nutrient loads at the source. Recent research by Barren and Jahnke (1997) indicates that the application of phosphorus fertilizer to lawns with very high pre- application fertility levels (estimated to be approximately 70% of suburban Twin Cities metropolitan area homes) significantly increases the amount of phosphorus transported into the storm water system by rainfall runoff. The University of Minnesota Soils Testing Laboratory in fact recommends that phosphorus not be applied to these lawns. Based on this research, the City of Minnetonka may wish to include in its wetland ordinance a prohibition on the application of phosphorus-containing fertilizers. The city probably should not, however, prohibit the sale of such fertilizers to avoid potential interstate commerce issues. We note that the buffer widths in the draft ordinance may sometimes differ from those contained in the Minnehaha Creek Watershed District's (MCWD's) ordinance. The City of Mirmetonka may wish to request that projects regulated under the city ordinance be exempt from MCWD buffer standards so as to avoid conflicts. Also, the city should consider what, if any, mitigation it might require if encroachment into a buffer zone is unavoidable. Ordinance Subdivision 9: Public Hearing Requirement For administrative efficiency, the city may wish to consider some type of de minimis area so that very minor wetland impacts do not require a public hearing. The WCA uses 10,000 square feet as the minimum threshold for notice purposes. The city may wish to consider using either this · "Comments/Recommendations on Draft Minnetonka Wetland Ordinance . February 12, 2001 Page 7 PEC Project No. 2000-013 figure or the applicable WCA de minimis acreage (400 and 2,000 square feet in shorelands and non-shorelands, respectively). Issues and Questions Raised by the Planning Commission '(Pages 11-12 of the Staff Report) Generally we concur with all the comments provided by city staff in response to the questions and comments from the Planning Commission. We offer the following supplemental comments on two of the issues that were brought up. Retroactive application of buffer requirements to developed lots We believe that applying buffer requirements to developed lots or even undeveloped lots of record may adversely affect the reception that the amended ordinance receives fi:om the citizens of Minnetonka. It also could create some liability. The Planning Commission also correctly notes the difficulty of enforcing this type of requirement. On lots of record, landowner education is probably a better option than requiring residents to give up the use of property they are accustomed to utilizing. Permanent versus temporary monumentation We concur that, once installed, buffer monuments should be permanent. If they are only placed temporarily, buffers edges will be subject to progressive encroachment. Also, buffer requirements will not be adhered over the long term when if affected properties change hands. We hope the foregoing comments are of assistance in the development of amendments to the Minnetonka Wetland Ordinance. Please feel free to contact our office with any questions. Best regards, Peterson Environmental Consulting, Inc. Daniel B. Shaw Restoration Ecologist Ronald P. Peterson President Prof. Wetland Scientist No. 1118 Enclosures Literature Cited Barten, J.M., Jahnke, E. (1997) Suburban Lawn Runoff Water Quality in the Twin Cities Metropolitan Area, 1996 and 1997, Suburban Hennepin Regional Park District, pp. 16. · ' Comments/Recommendations on Draft Minnetonka Wetland Ordinance ,February 12, 2001 Page 8 PEC Project No. 2000-013 Daniels, R.B. and J.W. Gilliam (1996) Sediment and chemical load reduction by grass and riparian filters. Soil Sci. Soc. Amer. J. 60:246-251. Pearce, R.A., Trlica, M.J., Leininger, W.C., Smith, J.L., Frasier, G.W. (1997) Efficiency of Grass Buffer Strips and Vegetation Height on Sediment Filtration in Laboratory Rainfall Simulations. Journal of Environmental Quality. 26:139-144. Phillips, J.D. (1996) Wetland Buffers and Runoff Hydrology. In: Wetlands: environmental gradients, boundaries, and buffers: proceeding of an international symposium, April .22-23, 1994/sponsored by the Wetlands Research Center, University of Waterloo, Ontario Canada. pp. 207-220. Osborne, L.L, Kovacic, D.A. (1993) Riparian vegetated buffer strips in water-quality restoration and stream management. Freshwater Biology 29, 243-258. Schmitt, T.J., M.G. Doskey and K.D. Hoagland (1999) Filter strip performance and processes for different vegetation, widths and contaminants. J. Envron. Qua128:1479-1489. DRAFT SUMMARY OF WETLAND BUFFER ZONE RESEARCH & BUFFER RECOMMENDATIONS PREPARED FOR ~ CITY OF 1VIINNETONKA JANUARY 15, 2001 INTRODUCTION The following narrative summarizes literature research done by Peterson Environmental Consulting, Inc. (PEC) regarding the' effectiveness of wetland buffers and provides buffer zone recommendations based on that infOrmation. This work was done to assist the City of Minnetonka in developing the buffer zone component of a wetland ordinance currently being contemplated by the city. The review and recommendations contained in this report represents an update of earlier work done for the City of Plymouth during the development of their wetland ordinance in 1994-95. As with Plymouth, it is our understanding that the focus of any wetland buffer requirements adopted by the City of Minnetonka will be based on the buffer performance in protecting down-gradient water quality. EFFECTS OF NUTRIENT LOADING AND SOURCES OF NUTRIENTS Nutrient pollution is widely recognized as having an adverse effect upon water bodies due to the resultant acceleration of eutrophication beyond rates found in nature. Accelerated eutrophication in mm accelerates the rate with which open water areas become vegetated, thus reducing interspersion between open water and vegetation. As wetlands become overloaded with nutrients, the ability of such wetlands to remove nutrients from inflowing water is reduced; thus, any downstream waterbodies become more likely to receive inflowing nutrients that might otherwise be "stripped" by upstream wetlands. Accelerated eutrophication of lakes increases the frequency and severity of algae blooms resulting in reduced water quality and clarity with attendant odor problems and aesthetic degradation. Eutrophication in lakes and deep water wetlands can also lead to oxygen depletion that results in winter kills of fish species. Phosphorus is typically the limiting nutrient in Minnesota waterbodies (Smith and Shapiro, 1981). Consequently, measures for controlling nutrient loading are typically oriented toward phosphorus removal. However, this does not mean that other nutrients are not being treated; generally the measures that are implemented to remove phosphorus are also effective at reducing the loading of other nutrients. The most frequently reported phosphorus value is total phosphorus (TP) which consists of dissolved inorganic and organic phosphoms compounds and phosphorus adsorbed to soil particles and in organic matter. Sediment loads are typically expressed in terms of total suspended solids (TSS) which are generally represented as g/kg or g/l. Phosphorus binds to fine particles that are .suspended in runoff and can ultimately be washed into wetlands and downstream waterbodies. Because phosphorus binds to soil particles, sediment loads can also be a measure of water-borne nutrients. In addition to carrying nutrients, sediment deposits can ultimately impair the water quality treatment function of wetlands through the burial of wetland vegetation. Sediment can also seal pond beds, resulting in decreased infiltration. Consequently, sediment trapping is also an important function of buffer zones around wetlands. Phosphorus generation varies by land use. Land uses with high proportions of impervious surface typically generate the highest loads of water-borne phosphorus. Phosphorous laden dust lands on impervious surfaces where it has no soil to adhere to and vegetation to be taken up by. Phosphorus accumulates over time until a storm event generates sufficient runoff to "flush" the accumulated phosphorus downslope and/or downstream. Consequently, phosphorus generation from impervious surfaces tends to occur in "slugs'' with large volumes of phosphorus being discharged over relatively short periods of time. Conversely, land uses with high proportions of pervious surface, particularly if densely vegetated, typically have lower phosphorus generation rates due to lower mnoff volumes/rates and the capacity of the soil and plant life for binding phosphorus. A study of phosphorus generation in Maine indicated that a low density residential subdivision (less than 2 units per acre) generated approximately 5 to 10 times the phosphorus that is exported from forested land (Dennis, 1985). Phosphorus enters the atmosphere due to erosion (both water and wind related), deposition and re-suspension of road dust (to which phosphorus adheres), release by live plants, release through the decomposition of dead plants, and artificial release of phosphorus by humans in the form of fertilizers. In a four-year study in Wisconsin, Bannerman (1992) found the following sources of phosphorus in residential/institutional, commercial and industrial areas: Residential/Institutional Areas: lawns account for 34.4% of P driveways account for 20.2% of P streets account for 44.4% of P roofs account for 0.7% of P Commercial Areas: streets account for 72.3% of P parking lots account for 18.9% of P roofs account for 5.9% of P 2 sidewalks account for 3.0% of P Indusu'ial Areas: lawns account for 19.4% of P streets account for 29.9% of P parking lots account for 44.2% of P roofs account for 6.5% of P It is clear from Bannerman's (1992) results that impervious surfaces generate the most phosphorus even with residential land uses, which typically have the lowest proportion of impervious surface among the various types of development. However, residential lawns still represent an important source of phosphorus. In residential areas, lawns account for 66% of the total land use and generate runoff with the highest concentrations of phosphorus (due largely to the relatively small volume of runoff carrying the phosphorus) (Bannerman, 1992). Recent research by Hennepin Parks on the fertility of 181 lawns in Maple Grove, Plymouth, Eden Prairie and Minnetonka, Minnesota indicated that 70 percent of the lawns studied had high levels of fertility. Lawn nmoff data collected in 1996 and 1997 indicated that the application of phosphorus fertilizer to lawns that already have high phosphorus levels significantly increases the amount of phosphoms transported into the storm water system by rainfall runoff (Barten & Jahnke 1997). Measures to remove phosphorus from stormwater vary depending on whether discharges are coming from impervious versus pervious surfaces. Runoff from roadways and parking lots is typically channeled into the storm sewer system and treatment must be done through detention of surface water to allow settlement of phosphorus-bearing sediment. Reduction of initial phosphorus generation fi.om such surfaces would be done through the increased frequency of street cleaning activities. Runoff from pervious surfaces typically runs downslope overland, rather than via storm sewers. Thus, treatment measures to remove phosphorus from such runoff must be "non-point". Vegetated upland buffers around wetlands represent such a measure. Buffers slow runoff, thus increasing percolation, adsorption of phosphorus to soil particles and the uptake of phosphorus by plants. Reduction of initial phosphorus generation from pervious surfaces must also be done by non-point methods such as erosion control measures and fertilizer restrictions. It is desirable to minimize phosphorus loads to wetlands both to avoid accelerating the eutrophication process within the wetland and also to protect the ability of wetlands to protect downstream waterbodies. Treatment of runoff from impervious surfaces is best dealt with through proper stormwater engineering and management practices; thus, we have not discussed such measures for potential inclusion in a wetland ordinance. However, a wetland ordinance is an appropriate vehicle for adopting measures to protect wetlands fi.om water-borne nutrients carried by runoff from pervious surfaces. Vegetated buffer zones are the most widely recognized measure for accomplishing this objective. EFFECTIVENESS OF VEGETATED BUFFER ZONES IN REDUCING PHOSPHORUS AND TSS LOADS TO WETLANDS In 1994-95, PEC carried out an extensive literature review regarding wetland buffer performance for the City of Plymouth. This review was done to provide a sound scientific basis for the adoption of wetland buffer provisions as a component of a city wetland ordinance. The focus of this review was to identify and analyze scientific research papers that quantitatively analyzed the performance of vegetated buffer strips in removing phosphorus and sediment from runoff emanating from developing residential areas. The results of this review were heavily scrutinized and a number of additional research papers were brought to our addition by consultants for the Plymouth Developers Council. Ultimately, only one study was found to be truly "on point" and represented the primary basis for buffer recommendations that were made to the City of Plymouth at that time. Woodard and Rock (1991) Woodard and Rock (1991) analyzed the phosphorus and sediment removal efficiencies of vegetated upland buffers in developing residential areas in Maine. A full copy of this paper is attached to this report as Appendix A. This research was found the most useful for developing buffer recommendations because it entailed: nutrient and sediment removal data collected in sim on developed and developing residential sites, as opposed to simulations conducted under laboratory conditions, comparison of treatment sites to undeveloped control sites, comparison of buffer performance on steep versus gentle slopes, · comparison of buffer performance down-gradient from established turf versus freshly graded land, and · analysis of progressive removal efficiency over the entire width of the buffer. The analysis done by Woodard and Rock (1991) allows for the identification of the points of diminishing benefit with regard to buffer width under a variety of conditions. While this study was found to be the most useful, it has a number of inherent weaknesses. The study lumps monitoring data from an unspecified number of precipitation events without weighting or giving consideration to other event parameters such as storm intensity/duration, antecedent climatic conditions and the intervals between precipitation events. The variation in pollutant concentrations in runoff.was not provided for either treatment sites or control sites. The authors of the study expressly stated that actual pollutant concentrations varied considerably between storms and cited some examples. This approach would tend to overestimate pollutant removal efficiency during significant storm events following extended dry periods while underestimating efficiency during less intense and more evenly timed storm events. However, for purposes of evaluating overall buffer performance, evaluating average conditions seems appropriate. Also, Woodard and Rock (1991) do not spell out how storm events were selected for sampling. It is most likely that small storms with negligible runoff may not have been sampled. By excluding such storms, the authors actually reduce the average pollutant removal efficiency ascribed to a buffer of a given width. This suggests that Woodard and Rock (1991) may be akin to a "worst case" analysis and that buffer widths based on their results might actually be somewhat conservative. Salient results of the Woodard and Rock (1991) study are as follows: · Buffer strips on gentle sloping sites were effective at removing phosphorus and total suspended solids (TSS) for all storms sampled. A fifty-foot buffer strip downslope of a new condominium development and a two-story house reduced the phosphorus concentration by approximately 60 percent, bringing it to within background levels. Background levels were determined by monitoring a control site without any nearby development. A buffer zone downsiope of a new housing development built on 12 percent slopes reduced phosphorus concentration by 88 percent in the first fifty feet and 94 percent in the first 75 feet while the phosphorus concentration downslope of the existing home declined by 50 percent after 75 feet, and by 65 percent within 100 feet. The lower removal efficiency at the existing home was attributed to the fact that the phosphorus removed comprised a lower percentage of the incoming phosphorus load because that load was so small. In all cases a 50-foot buffer was effective in reducing phosphorus and TSS to approximately background levels. · In all cases a 75-foot buffer was effective in reducing TSS to background levels. As a result of their study, Woodard and Rock also concluded that a 75-foot buffer zone was adequate to reduce both inflowing phosphorus and total suspended solids concentrations to background levels under essentially "worst case" conditions (i.e. 12 percent slopes, freshly graded land and no erosion control). If erosion control had been in place and effective at the construction sites studied, less buffer strip width than described above would have been needed to adequately protect water quality. Since our 1994-95 literature review, much additional research has been performed on buffer effectiveness. In updating our prior review, we have focused on identifying and analyzing applicable newer research to determine whether it might suggest a need for changes to the earlier recommendations based on Woodard and Rock (1991). Only quantitative research was sought. We did not consider "gray" literature that repozted only anecdotal information, summarized prior quantitative research or provided unsupported buffer recommendations. Appendix .B provides a listing of papers we reviewed and found to be inapplicable. Newer studies that were found to be relevant are supplied in their entirety in Appendix C and are summarized below. It should be noted, however, that the most relevant newer studies were oriented toward agricultural land uses and did not appear to be as well designed as Woodard and Rock (1991). These studies are as follows: Recent Buffer Studies Schmitt, Dosskey and Hoagland (1999) Schmitt, Dosskey and H°agland (1999) conducted a study comparing the effectiveness of different buffer widths on four sample plots with established vegetation of different ages and compositions. The plots consisted of; (1) a 2-year old switchgrass and tall fescue plot, (2) a 2-year old grass-shrub-tree plot consisting of bush honeysuckle, golden currant, eastern cottonwood and silver maple, (3) a contour sorghum plot planted with grain sorghum and (4) a 25-year old grass plot with an unspecified plant composition. Each of the four plots was divided into 7.5 and 15 meter (24.6 and 49.2 feet), respectively. The researcher's utilized a simulated rainfall representing a 1-yr return frequency. Water stored in a polyethylene tank was applied to each plot via an overhead sprinkler system. After nmning through the buffers, runoff was collected at the bottom of each plot in 2700-1iter steel tank. The researchers found that doubling the filter strip width from 7.5 to 15 meters (24.6 to 49.2 feet) did not significantly increase the removal of total suspended solids (TSS). TSS decreased an average of 77 percent for the 7.5-meter strip and 83 percent for the 15-meter strip, regardless of the vegetation compositions tested. These removal rates were comparable to the TSS removal rates observed by Woodard and Rock (1991) for approximately the same buffer widths on a steep slope with an established lawn. (Woodard and Rock, 1991 observed higher TSS removal rates downgradient of disturbed soils, apparently due to a higher TSS concentration in runoff entering the buffer). In the 2-year old grass and grass-shrub-tree plots, total phosphorus decreased 57 and 72 percent in the 7.5- and 15-meter strips, respectively. In the 25-year-old grass plot total phosphorus decreased 71- and 79 percent in the 7.5- and 15-meter strips, 'respectively. In the contour sorghum plot, total phosphorus decreased 48 and 51 percent in the 7.5- and 15-meter buffer strips, respectively. It seems apparent from these result that higher total 6 phosphorus removal rates were achieved with longer-established grouncleovers having progressively greater amounts of thatch. Schmitt, Dosskey and Hoagland (1999) demonstrated that a variety of vegetation types could produce similar sediment and nutrient pollutant removal rates. The most effective buffer in the study was the 25-year old grass plot which would be similar to a well- established, mowed grass buffer strip around an existing wetland in Minnetonka. The TSS and TP removal rates observed in this study were very similar to those observed in Woodard and Rock (1991). Both studies suggested that about half to two-thirds of the phosphorus entering the grassed buffers was removed within about the first 25 feet and that about three-fourths was removed by about 50 feet. Schmitt, Dosskey and Hoagland (1999) did not include an undisturbed control site in their study, so it is not possible to determine what buffer width was necessary to return sediment and nutrient pollutant concentrations to background conditions. Also, by simulating rainfall from more frequent, low intensity storms, this study did not. assess the buffer performance across a variety of storm intensities. Patty, Real & Gril (1996) In another study, Patty, Real & Gril (1996) compared the effectiveness of buffer strips of 6, 12 and 18 meters (19.68, 39.36 and 59.04 feet) at three individual agricultural sites. The three sites differed as to; (1) the type of crop that water flowed through before entering the buffers, (2) the amount of precipitation falling during the study period, (3) soil type, (4) slope and (5) age of buffer vegetation. Because the sites differed in so many ways, it is difficult to ascribe differences in relative buffer performance to specific variables. Also, no control site was included in the study, so it is impossible to compare any of the treatment sites to undisturbed, fully vegetated land. At one site rain water flowed through corn planted parallel to the slope before entering the buffers. This site had a total rainfall for the year of 25.59 inches and silt loam soil with 2 percent organic matter and a mean slope of 7 percent, The second site had a total rainfall of 36.22 inches that flowed through corn planted parallel and perpendicular to the slope, there was silt loam soil with 7 percent organic matter and a 10 percent slope. The third site had a total rainfall of 27.56 inches that flowed through a plot of winter wheat, there was a silt loam soil w/th 3 percent organic matter and a 15 percent slope. Buffer strips for all sites were planted to of rye-grass, sown perpendicularly to the slope. Runoff was collected in a tank after it had flowed through each buffer. The rye grass was unmowed, and was 3.5 years old in the first site, 2.5 in the second and 1.5 in the third. It was found that 87, 98.9 and 91 percent of the runoff-borne sediment was trapped in the 6 meter buffer strips on the first, second and third sites, respectively. Between 97 and 100 percent of the runoff-borne sediment was trapped in the 12- and 18-meter buffer strips, on all three sites. Although treatment conditions varied significantly between the three sites, they all had high uptakes of sediment (87-98.9%) within the first 6 meters (19.68 feet) of buffer. However, because no control site was analyzed, it is not possible 7 to derive points of diminishing benefit for the buffer widths analyzed. Patty, Real & Gril (1996) did not analyze changes in total phosphorus concentrations across the buffers they studied. Daniels and Gilliam (1996) Daniels and Gilllam (1996) determined the mount of nutrients and sediment removed by buffer strips that received nmoff from cultivated fields after natural rainfall. The buffer areas consisted, primarily of unmowed fescue (Festuca arundinacea) but also consisted of combinations of weeds, shrubs, trees and unspecified groundcover. Runoff was collected using a V-shaped passive collector, which directed flow into a buried bottle that was sealed with a floating plastic ball. Collectors were located at field edges and at various locations in vegetated buffers. They found that at around six or seven meters (19.68 to 22.96 feet) into grass buffers, 60 to 70 percent of incoming total phosphorus was removed. Results were poorer in buffers listed as a combination of grass and riparian area, with 30 to 45 percent of total phosphorus removed within the first 7 meters of the buffer. These results also appear consistent with Woodard and Rock (1991), in that over half of the runoff-borne total phosphorus is removed within the first 6 to 7 meters of the vegetated buffers. The low phosphorus removal of 3045 percent by the grass-riparian buffer is inconsistent with other study results and probably results from the buffer having insufficient ground cover. Again, as with other recent studies, Daniels and Gilliam (1996) did not compare their treatment sites.with undisturbed, natural conditions. Thus, it is not possible to derive points of diminishing benefit for the buffer widths analyzed. None of the newer studies in our updated literature review on buffer performance contradicted the conclusions we reached in our 1994-95 review, nor did these studies suggest any refinements that might be made. Accordingly, the conclusions we drew earlier based on Woodard and Rock (1991) appear to remain valid. BUFFER ZONE RECOMMENDATIONS Wetlands vary in their susceptibility to damage from nutrient loading. For purposes of developing buffer zone recommendations, we have assumed that substantially degraded wetlands are less susceptible to additional nutrient-related damage than relatively undisturbed basins. From a public benefit standpoint, we believe that it is most appropriate to utilize degraded wetlands to remove phosphorus and sediment from runoff rather than pursue extraordinary measures to protect them from it. Conversely, relatively undisturbed wetlands warrant a higher degree of protection from nutrient loading so as to preserve the characteristics that make them of high or exceptional quality. In determining the quality of wetlands for purposes of setting required buffer widths, we recommend that the floristic diversity and ecological integrity of each wetland be the primary determinant. This is the approach taken by the Cities of Chanhassen and Eden Pr~drle. The methodology we used ~u P~ymouth encomp~sed the ~ul~ su~e of we~nd functions and values. We feel this approach may have resulted in some wetlands being assigned a higher quality classification due to their flood storage or water quality value; thus, some wetlands may be receiving more protection than their ecological status might warrant. The four wetland classifications discussed in the 1999 Minnetonka Water Resources Management Plan (i. e. Preserve, Manage 1, Manage 2 and Utilize) appear to fall somewhere in between approaches taken by Plymouth versus Eden Prairie and Chanhassen. Preserve wetlands include: (1) "special resources", (2) wetlands having high management potential due to their intrinsic non-stormwater functions and local values (fish and wildlife habitat, floral diversity, groundwater recharge or aesthetics/recreation) and (3) wetlands found to be highly susceptible to stormwater impacts based on guidance from the Minnesota Stormwater Advisory Group (1997). Manage 1, Manage 2 and Utilize wetlands do not meet any of the criteria for Preserve wetlands and have moderate, slight and least susceptibility to stormwater impacts, respectively. We have summarized the management objectives for each of these wetland classifications and our associated buffer strip recommendations below. It should be noted that all buffer recommendations assume that sound erosion control measures will be in place and rigorously maintained until turf is well established upgradient from each wetland. Preserve Wetlands As the designation suggests, Preserve wetlands are to be preserved with all adverse impacts to be avoided if possible. The hydrology of and nutrient load to these wetlands is to remain unchanged. Under "worst case" conditions (i.e. steep slopes, active construction and no erosion control), the point of diminishing benefits for removal of total phosphoms and total suspended solids would be about 50 and 75 feet, respectively. If sound erosion control measures are in place and rigorously maintained until turf is well-established upgradient, the 50-foot buffer width called for in the draft Minnetonka wetland ordinance should be adequate to serve both functions. To ensure that buffers around Preserve wetlands are not compromised where steep slopes are present, the City may wish to consider requiring dual silt fences in such locations~. In such places, one row of silt fence would be placed at the wetland boundary and the other at the upper limit of the buffer. ~ Dual silt fences with intensive maintenance have been found suitable for providing the special erosion/sedimentation control measures needed to allow the use of narrower buffers. If silt fences with an AOS filter size of 70 microns are used and are properly maintained, they are capable of removing approximately 90 percent of the sediment-borne phosphorus in water passing through them (Lou Flynn, MPCA, pers. comm.) Properly maintained dual silt fences should increase this removal rate to nearly 99 percent. It should be noted, however, these very high efficiencies are easily (and frequently) lost when silt fences are undercut, overtopped, ripped or pushed over by sediment. Frequent maintenance is critical. Dual silt fences should be considered properly maintained if inspected and repaired/maintained as needed following each significant rain event (more than 0.5 inch) until the project site is fully re-vegetated. Manage 1 Wetlands Adverse impacts to Manage 1 wetlands are to be minimized, changes to their hydrology are to be controlled, incoming sediment is to be removed and water "pre-treated" to remove nutrient pollutants. For relatively flat sites and sites with established tuff, a 25- foot buffer appears adequate for removal of suspended solids and total phosphorus. However, on steep slopes without erosion control, at least 50 feet is necessary to remm total suspended phosphorus levels to roughly background levels (see the lower right-hand graph in Figure 2 from Woodard and Rock (1991)). With proper erosion control, the 25 foot buffer width proposed by the City of Mianetonka appears adequate. Again, as with Preserve wetlands, the City may wish to consider dual silt fences where steep slopes exist around Manage 1 wetlands to ensure that the buffer is not compromised. Manage 2 Wetlands Manage 2 wetlands are to be managed in a fashion similar to Manage 1 wetlands, but less emphasis is placed on pre-treatment of incoming water for nutrient removal. Accordingly, we recommend a buffer width that will remove a reasonable percentage of the incoming suspended solids. The City has proposed a buffer width of 16.5 feet (5 meters) around Manage 2 wetlands. Patty, Real & Gril (1996) found very good removal percentages for runoff-borne sediment in 6 meter buffer strips (i.e. 87 to 98.9 percent removal) on slopes up to 15 percent. While Woodard and Rock (1991) did not analyze buffer widths under 25 feet, their data suggest that, except for steep slopes on active construction sites, concentrations of total suspended solids were approaching background levels within that initial 25 feet. While the 16.5-foot width proposed by the city will not provide quite the level of sediment removal afforded by a 25 foot buffer, it is probably adequate for Manage 2 wetlands given their intended protection level. Utilize Wetlands Utilize wetlands are to be used for flood storage and pre-treatment of water prior to its discharge to other wetlands or waterbodies. Given the degraded nature of these wetlands and their intended use, little or no buffering is warranted. We concur with the language in the draft ordinance, which provides no buffers for Utilize wetlands. BUFFER AVERAGING The buffer widths cited above are very similar to the alternative buffer standards provided in the City of Plymouth's wetland ordinance. Use of the alternative standards required the application of extraordinary measures to control erosion and sedimentation for two years after construction. The dual silt fences mentioned above would represent one such form of extraordinary management measure. In order to afford more flexibility in site design, Plymouth utilizes average, minimum and maximum buffer widths in its 10 0rdinance2. We believe this is a sound approach in that it gives the designer some flexibility to work around constraints and sensitive resources on any given site. Usually it prevents the creation of regulatory taking situations in constrained areas (e.g. on peninsulas). The City of Mirmetonka may wish to consider the use of buffer averaging as an element of its ordinance. LITERATURE CITED Literature Cited Bannerman, R.T., Dodds, R., Owens, D. and P. Hughes. 1992. Sources of Pollutants in Wisconsin Stormwater. Wisconsin Department of Natural Resources. 25 pp. Barten, J.M., Jahnke, E. 1997. Suburban lawn runoff water quality in the twin cities metropolitan area, 1996 and 1997. Suburban Hennepin Regional Park District. 16 pp. Daniels, R.B. and J.W. Gilliam (1996) Sediment and chemical load reduction by grass and riparian filters. Soil Sci. Soc. Amer. J. 60:246-251. Dennis, J. 1985. Phosphorus Export From a Low Density Residential Watershed and an Adjacent Forested Watershed. In Lake Proceedings of 5th Annual Conference, North Amer. Lake Mgt. Soc., Lake Geneva Wisconsin, pp. 401-407. Dillaha, T.A., R.B. Reneau, S. Mostaghimi, and D. Lee. 1989. Vegetative filter strips for agricultural nonpoint source pollution control. Trans. ASAE 32:513-519. · Doyle, R.C., G.C. Stanton and D.C. Wolf. 1977. Effectiveness of Forest and Grass Buffer Strips in Improving the Water Quality of Manure Polluted Runoff. American Society of Agricultural Engineers, Paper NO. 77-2501. Interagency Task Force on Wetland Delineation. 1989. Federal Manual for Identifying and Delineating Jurisdictional Wetlands. 76 pp. Patty, L., B. Real and J.J. Gril (1997) The use of grassed buffer strips to remove pesticides, nitrate and soluble phosphorus compounds from runoff water. Pesticide Sci. 49:243-251. City of Plymouth Alternative Buffer Standards with Extraordinary Management Measures Wetland Quality Exceptional High Medium Low Avg. Buffer Width 30 ft 25 ft 15 ft 10 ft Min. Buffer Width 25 ft 20 ft 10 ft 5 ft Max. Buffer Width 50 ft 30 ft 20 ft 15 ft 11 Sartor, J.D. and G.B. Boyd. 1972. Water Pollution Aspects of Street Surface Contaminants. U.S. Environmental Protection Agency Report No. EPA-R2-72-081. Schmitt, T.J., M.G. Doskey and K.D. Hoagland (1999) Filter strip performance and processes for different vegetation, widths, and contaminants. J. Environ. Qual. 28:1479- 1489. Smith, V.H. and J. Shapiro. 1981. Chlorophyll-Phosphorus Relations in Individual Lakes; Their Importance to Lake Restoration Strategies. Env. Sci. and Technology. 15:444-451. Westerman, P.W., M.R. Overcash, and S.C. Bingham. 1983. Reducing Runoff Pollution Using Vegetated Borderland for Manure Application Sites. U.S. Environmental Protection Agency Report No. EPA-600/S2-83-022. Woodard, S.E. and C.A. Rock. 1991. The Role of Natural Buffer Strips in Controlling Phosphorus and Sediment Runoff. In Proceedings of the 64th Annual Conference and Exposition of the Water Pollution Control Federation, Report No. AC91-044-004. 12 vegetation to increase habitat diversity. A schematic illustrating these design criteria is presented in Figure 4.3. 4.2.3.2 Buffer Strip Classification A buffer of undisturbed vegetation around a wetland can provide a variety of benefits (Figure 4,4). The buffer can consist of trees, shrubs, grasses, wildflowers, or a combination of plant forms. Buffers reduce the impacts of surrounding land uses on wetland functions by stabilizing soil to prevent erosion and filtering solids, nutrients, and other harmful substances. Buffers also provide"essential habitat for feeding, roosting, breeding and rearing of young birds and animals; and cover for safety, movement and thermal protection for many species of birds and animals. Buffers can reduce problems related to human activities by blocking noise and glare from lights, and reducing disturbance. Even a 10-20 foot buffer of tall vegetation can provide some water filtering benefits, but wider buffers will provide additional water quality and habitat benefits. Buffers can be planned to tie important upland habitats to wetlands, or connect wetlands and other waters. Since many animal species require both wetland and upland habitats as part of their life cycles, and also require opportunities to move to escape predators or find food and cover, buffers should be planned to maximize these connections. Buffers will be most effective if the landowners around a wetland cooperate to make a continuous buffer, and connect desirable wetland and upland habitats. Landowners should avoid cutting vegetation, dumping grass clippings or other debris, and trampling in buffer strip areas. If a path is desired through the buffer, it should be mown only as wide as necessary for walking, and gently meandered so that it does not encourage erosion or carry sediments and nutrients from surrounding areas to the wetland. ];t is recommended that the City adopt buffer strip width standards for each wetland based on the function and values assessment for that wetland. The recommended buffer strip standards and management goals for wetlands in Wayzata are presented in Table 4.3. Q'ty of Wayzata 4-13 Storm Water Management Plan IJp~ate THE ROLE OF NATURAL. BUFFER STRIPS IN CONTROLLING PHOSPHORUS AND :~iMP. J4T RUNOFF Graduate R~ ~t Depamnent of Civil Engineering 'Purdue University, lafayette, IN-47906 Chet A. Rock Professor and Chair Department of Civil Engineering University of Maine, Orono, ME While most point sources o! pollutants have been controlled, no~=oint sources continue to be s major problem. Even lov~ density residential subc~visions (less'th~n 2 units/acre), which are the most common development in Maine watersheds, can have a significant phosphorus export from these developments ~n companson to ~orestec~ Since it is dh'ficult to collect and concentrate diffuse and scattered sources of pollutants, effective controls must also be 'nonpoint'. The use 6f 'buffer strips is on.e 'nonpoint' control that is'widely practiced in Maine, yet design remains an intuitive pm~ and effectiveness has dot been quanl~e~ As more development pressure is placed upon our relatively pristine lakes, buffer strips will be increasingly relied upon to protect water quality. Given the irnpo~ls~e of buffer saips, information on the co. rrect sizing is needed. The objectives of this project, were threefold: (1) Given that the phosphorus load ,~r~ be increased 5 to 10 fold above baclccjmund, determine how effective a buffer strip is in minimizing this impact; (2) Evaluate the ph~osphorus retention as a funclton of the slope and length of buffer strips, and (3) Using suspended solids as a measurement, quant~ the reduction in sediment. MethodoloeY This field study was c=nducted on six specific sites, selected for uniformity of vegetation and soil type, with slope being he prime variable. In add'trion, a control site without any nearby development was monitored The sites =all had vegetation typical of Maine iakeshom (mixed growth, uneven age stand, predomina~Uy .h~..dwood, mo.dera~., ground cover of shrubs, ferns, etc.). In con'junction with the similar'vegetation, a common type, glacial till, was also selected to give the broadest application to the data. The slopes considered were classified as either gentle- or steep-sloped. The sites were all at least 150 feet in length so that the influence o! increasing the length of the buffer a'trlps ~uld be tested. Width w~ arbltm,*i ~ ~ 50 leal .~.e dram re~ved mlmv~ted.lnput~ of suspended solids anl~~Slf~J~~_ .~ ~sion, e cor~..m~nium .'nobile home park. At each samp~ng site, a mimmum of 3S uniquety oesignect couecuon. cups anti sleeves were pin, ecl into the ground ~gure 1). The sarnpnng grids con.~stecl of seven to eight rows with five cups in each row. The tirst row of collection cups was placed at the beginning of the buffer strip, where runoff t~rst entered the undisturbed, vegetated area_ This row of cups provided an indication of the P axld T,5~ concentrations in each pa~cular devaloprnenrs runoff. The remaining rows of cui~ extended back into the buffer s'~fp. The cups were set a~; a spacing of appmx[mamly lZ feet apaxt, reAulting in 4&-foot rows, with one row every 25 feet. By putting five cups in each row, expeflme~ error was reduced by taking the geometric mean of values obtained in e~ch row. One of the goats of this study was to examine the influence of slope, in order to allow better design of buffer strips in the ad=re. Current state orcEnances do not take slope into corlsidetation, Th~s, ~s~~ re~_ide _filial ~ ,.. i. S fee, no matter how steep the prope are mom easily transpo, ned over steep slopes, neglecting slope...m~ be inappropriate. To .study the slope factor, it was necessary t~ keep vegeta~on and sod type as constant as poss~me, so as to limit the influence of these variables, it was also advantageous for the slope t6 ~e as uniform as possible, with no outstaying high or low spots. In addition to determining the effect of slope, the influence of seasonal crflferences was also targeted for examination. Because Maine has seasonally differing storms that may imp~[ct receiving waters, the sites were monitored from the disappearance of snow cover (April) until the first major snow (November). Although six sites were sampled during this projecL'the scope of this paper is 5mited to four sites. The four sites provide a comparigon of two slopes, construction activity, and influence of ground cover. R.esidential.builcEng~ot[ was undetway~.three..ef the sites (A, B, E), while dwellings were already in.place at the other site (F). The control site (G~' -' was located in the University Experimental Forest. There, only natural background sources of nutrients are present and the slope is gentle and evee (5.7 %). Sites A and El were the gently sloping.s~tes (3.3 %~ 2.3 %, respectively) with mixed stands of hardwoods and pines. Condominium constrdcaon was underway at Site A when the sampling cups were in=ri,ed in the fall The sample sites were left undistut'oed until the following April when the first storm was sampled. During.the summer, the l~m was seeded and .re .rtilized. This provided an excellent opportunity to study the effect of constru~c~-'and landscaping on phosphorus and susp&nded solids levels. Site B provided a similar situa~on. Construction of a two-story house was underway during sample cup installation, and the lawn was seeded during the summer. Steep sites E and F (both 12 %) are located on the shores of Kezar Pond, a ~utriept sensitive lake in Winthrop, Maine. These sites am particularly interesting because they received special--attention from the Maine Depaxtment of Environmental Protection' (DEP). Before constn~clJon, it was con. c. luded by the DEP that a ~ff_..~,er, s~1~.~,~ le .a.a.a.a~ ~ema[n in place due to the sertsitive nature of the pond. Both sites were located in the. same su .... d of hardwoods and sottwoods. At the t/me et sample cup installation, a house on Site E was under construc~.'on. Construction continued throughout the monitoring peflod and the lawn was not yet seeded at the end of s~npling. Site F', on the other hand, was a two-year old house with an established lawn. 0.6 in ~ {3round surfa~;e . -6in · SAMPLE COLLECTION CUP (Removable) 1.85 in .~-Collar 6in 0.25 in PLASTIC SLEEVE (Permanent) Figure 1. Desert of sample c=ilection cup and p~. rmanent in-ground border. ' ' were m~, ~pper~ ~mn, ~a, ~ re~ ~ am . _ ~ll~on, the ~ps ~ to m~ve ~e deb~, su~ ~ ~ves or ~gs. Ine vo~me o~ ~u~g ~m~ 3 analyzed for total phosphorus (sulfur-nitric acid d/gestJan method) and total suspended ,dids in acmrdance w th 3 daU UeCh0ds (American Pubic HeaJth Association 1989). I'he da~a were used to calcutate the phosphorus and suspended solids inputs to the buffer strip and the subsequent changes every twenty-five..f, eet along the length of the buffer strip. The data were a~aly'zed with respect to buffer strip length, 'siope, construc~on activity, and · b'tO, ~'~ ergot.. . Results The d~n are depicted in graphical form, showing average row means for ail storms ~t each site (F~um 2). Sites A and B, the gently sloping sites, are shown together as am Sites E and F, the steeper sites. Included in each gra~oh is the average of all concentz~ons sampled at the control site, ShOWa 'with a band of plus or minus one steaded deviation. Site A was Ioca,ted directly downslope of a condominium development, which was under c~nstruction throughout the saznp~ng period. Site B was located ~rectJy downs[ope of a two- story house, which was also under construction. Buffer strips on gentle sloping sites were effective a~ removing .P for all storms sampled. Fifty_ t_eat of buffer strip reduced the P concenlzation by _ao~_a~ely 60 perc~: bringing it to within the ~ltr0'C~and (1.5'/~.6~mg/L). The' remaining 100 feet of buffe~:~ri{3 reduced the P conce__ntmlJo? by aaother 10 perc.~, nL A close look at F~gure 2 reve~_ls that the eff'~ency of ~ buffer strip, declines .a~ t.he ?_.noff travels farther onto the strip., Un fact, the TSS concentration actuaJly mcrea.s, ed in the ~ three rows of monitorihg cup~'~ Both sites (A and B) had a visible b. ct¢ of underbrush in .,~is region to anchor the soil, whiEi may explain the sudden ~ irt this situate, the buffet'. strip itself caz~contz~ute indigenous P and TS$ to the runoff.~l, the initial 25 ~et reduced the TSS level by..~50[percent and the bad<ground range (127'J:62 rog/L) was reached within 75 feet for Site A~ Because of the loose, erodible nature of the soil at Site concentrations never dropped to average control vaJu~ The steeper sites were located in a new housing development with Site F located two house lots (appmxirrately 300 feet) away from Site E. The house on Site F, however, was two years old and i~rf a well e. sta~shed lawn. The difference in activity was sharply reflected in the concentr'aZ~ons entering the buffer strips. The removals ~t Site E were t.he most..,.%ubstantiai of any site, largely due to the thick, porous ma, t of organic duff covering tt~e soil. ~:]~e P_.,concen_~_~on ~ reduced by 88. percent in .the first f[fty_fee~._ _a~d_..94_.p. erce~.n~e~ first 75 feet~ In contrast to the ra~oid decline ? Site E, the P concentration ~t Site t' aec. J~_nea~ anly-'sligh~. After 75 teat, the concentration was reduced by about 50 pement and 65 percent within 100 feet. The co..mpamtively iow removal.at .Sim F~wa~..dF.e.p.n.'marily.to..th_e- f_a~. tl~t the entering P was ve.ry Iow and in f,3ct was dose to the bad<ground, level (F'~cjure 2). r'-The buffer strip at Site E~was even more effective st TSS removaJ, reducing the TSS by 9713'A_rcent in.the Jirst_75Jeet_/.The additional, lOB feet of buffer had virtually no T'$S__c.,b~'c~e~r~tions. The suspend~dsol~ds concentr~on at- Site F dec3-easect sligi~tly wit oVeralt buffer strip d[Lm~nce, except far a rise at 75 feel Here, again, m~s.s conditions persist in this particular region of the buffer due to a lack of ground cover, resulted irt "nly a one perceat decrease in TSS c~ncentrafion in the the tirol 75 f~.~ 'l'he remaining 100 _-,~% 9f buffer remoYad mi a~;Icrrtion~ 5~ percent of T~. -- ...... - - " ('Virtu) uo.r,,~uaouoo d Pollutant reductions per unit length of.buffer demonstrated in this project are not as impressive a~ some ot tt~e buffer and filter strips stu..di, ed by others. For example, Dayie and Stanton (1977) showed th~ a forest buffer strip length of only 12.5 feet was required to reduce soluble P concentra~ons by 99 percent on a 30 pertain, slope. Altt~ough the slope was substantial at their experimental buffer strip, there was also a thick, con.siaer¢ grouncl cover o! decomposing organic matter. Much of the reason that they showect su~ m.a~d' removals was due to the highly elevated nutrient and sec~ent level of the manure.applied. On the average, soluble P concentra~ons ented~ their buffer strip were 7.5 times greater than total P concentrations entering the buifer sajps in this project, x Only Site E. which generated the highest P and TSS vel_ ues for this project, ~ed removals approaching those ob~ned by _Doyle a~. Stanton.: I.n just_ 75_f _e~_~_t_h~e_.?n and TSS concentrations'were reduced by 94 and 97 percent, respect~vety. I ne r' reaucao at Site E atso matched well with resee, rch by Diilaha, et aL (1985), who found that 30 'feet of grass filter strip removed 69 percent of the incoming P, cmnpared to 68 percent for the first 25 feet of Site E in this project. However, they reported a removal of 91 percent of the TSS, while Site E showed only a 47 percent reduction in 25 feel Still. it seems that for all four sites that 75 teet was =adequate to reduce entering P concentrations to the level found.at.the c.o. ntro! site. (Figure 2). For TSS, only two sites (B and E) produced concentrations s~mitar to the control site after 75 feet..The other two sites (A and F) remained a?. o. ve _the.co..ntroL. sites saw a rise ~n TSS after 75 feet due to exposed so~l un the miner stop. I nus, me condilJon of the buffer strip seemed to be ju~ as important as the length. ' These results also suggest a correlalion between incoming pollutam load and buffer strip effectiveness. I, fact, despite the grea?.po~ co. nce.n. _tr~__r? gene~_ ?_ _at~;~_e~e~. with construction, e=tJng vaJues were ray...amaar, x_or co,n~s~u_caon..an.a no.n ~-?o~__n~_. ~n_.~_ The effect of co~ction activity on genera=on oz t' aha 1:5:5 aha me suosequen[ effectiveness were demonstrated at Sites E ~,nd F (Figure :~). Site E with ongoin, g construction generated 3.8 times the P and 4.6 times the amount of TSS produced from the existing house at Site F. Average exiting P concentra~ans were almost identicN, az both sites (0.57 vs. 0.58 mg/L)'while the exiting TSS concentration was slightly higher from the buffer. strip at Site E (237 vs. 175 lng,q-). This resulted in Site E having a 94 percent remavaJ efficiency for both P and TSS, whereas.. Site F had only a 76 and 7.9, percent removal of P...ancl. TSS, respectively. This provided a good test of buffer strip effecUveness during the cr~cat buL'lding construction phase, when erosion potential is highest. The data showed that although canstmcaon practices increased the P and TSS load to the buffer strips, the buffers were able to absorb the increased pollutants effectively. However, if erosion control were practiced effectively at construction sites, the burden on the buffer strips would be minimized and less buffer strip may be nec~l_ ed to p.mt.e.ct watec For example, at a buffer strip distance o! 25 feet, the average times greater at Site E than at Site F. The influence o~ grass ~ver was monitored at Site A and 8, ale both sites were se?ecl to lawn in ~k t~mely la~hlon- Rgum 4 shaw= the P and T~$ levels during four storms priori= the lawns becoming established and three storms after the lawns were in place. The difference in P was made even more diam;~tic by the heavy use of fertilizer by the ho eo e ta ab sh their lawns. Die,ce (feet) ~~ (feet) l='~jum 3. The effect of active constru~on upon P a~d'l'SS concentrations through buffer.. Distance (feet) .L Befom ---~,--, After 0 :~S 5o, 75 ~0o 12S150 175 200 Figure 4. The. influence of pla~t~ng grass upon P and 'I'SS concentration. A~ interesting characteristic was exhibited by Site E due to the lack of eros[on control on the construct/on site. As t~me elapsed, a~t in~eas/ng amount of buffer was needed, to b~ing P amd TSS concentra~ons down to the control range. The 'sediment Iront' advanced slightly with each storm. For example, Storm 1 required only 25 feet to reach control w~es. However, 75 feet were requ~'ed for Storm 8. The lawn still had not been seeded by the end of the project. The impact of Slope on .butler strip effe~_e.._ss._to.~re~.m~ve ~P ~a~:l~T~S~,~m, ~v,~e~n~d~ (E ~d ~ ~ 1.4 t,m~ me ~un: g~ r .,.~ .. - . 5). The data showed that steeper slopes have increased P and TSS being transported levels at Sile I:, one ot me two steep s~tes m~,a~u,=~- . ,~.~- .- Using the d~ta oblameo Im P '~ . -----, ,-- ---.-,-.~--- -,~:,~,- '-r was _ ,~..--. .........~. ,,. sh-. ef..ener SlOpeS yms generazex] uy .~.~.u,~.,,. --. ......... ,-- -. ...... ;,~ rir~nerlous cOrlCertl]-'dtlons7, rleii~uv~l., stmply ittnezem [o mu am=V=- ~,,-"' ~, poautants, however, was not adversely affected by the steeper slope.s. In fact, the steep sites had the lowest exiting concentra~ons- A closer examm~on o! the sites revealed that grotmd cover was k'kely more important than site gradient. Despite being only 300 feet away from Site F, ~e forest floor ~ Site E was .~fferent in ~ it.~ coy?red. decomposing forest litter. This act.ed.?.'= .POtOu~.l~.e_r_L,. i_n._~_.e~,__n..g._t_~m~m-~ ~.~°n..,~t~.~e~' ground c~ver in buffer strip ,ff. octwenes.s, just~ sou? oe_.nera~._Ot_,P ~-~--- · ..... :.---*-,~.,;on of flow clechanne]ization measures, eros _ devices, grass filter strips, crushed gravel dxiveways to tmprove permeabdity, buffenng ..o local streams and ditches, and runoff storage devices. lo. oo ~ 7.00, ~ Steep Slope ~ 2SOO~ ;5 Steep Slope IL / g / .' o.oo o 2s so ?s ,oo,~ ~so ~s zo ~~ (f~t) Di~e (fe~t) Ftgure 5. The influence of slope upon P and TSS concentration the P concentration ep. tefing me buffer strip in an ~arly starrrl was 24 t~mes greater ttmn the concentration entering during the last storm monitored. This could be clue to severaJ factors. First, the lawn had been planted and ferti~zed approximately one weeX prior to the ea~ storm, which was El<ely respons~le for much of !tEe elevated phosphorus. Also, the bare, nutrient-rich topsoit was susceptible to erosion At this time. In cordmst, the lawn was weft established by the end of the studY, thus sharply reducing P concentratian by retarding erosion and acting as a natural'filter for the runoff, in tact, the last storm monitored had the lowest entering T~ and P v~lues of any storm. The highest entering P ,and 'I'SS · concentra~ons 'at all sites were for Storm 3, which occurred in late spring. Spring rain conditions after ground thaw combined with constmcl~on activities to contn'hu~ substangal amounts of secfa~ent and P to the residential runoff. In COntra.% entering P and TSS vaJues were 17 times lower just one month eadier, during Storm 1. The ground, including most of the sec~ment, was ~ frozen, al this time, thus inhibilJng sediment transport. Summary ~ Results showed that the system of in-ground sampling cups provided an. excellent comparative measure of pollutant reduction as a function of distance and between sites. However, cat,on must be used in comparing data to other stucFms due to the use o! cr~eting experimental design and sampling methods. Buffer stxips cmn be an effective 9lethod of redu~ P and TSS concentrations in runoff from residential developments..LFor most of-the cases studied, 50-75 .feet of bn~sturbed buffer strip brought concentra~ons within or close to average control valu..~ Ideally. it is recommended that buffer strips be sized by a site inspec~an, ~lue to the high variability between sites. Even buffer strips in similar locations can have venj cfafferent P and TSS removal capab[T~lJes, due ta va~bles such as ground cover and soil sfn_ hiFdy. Individual site visits can lead toa properly designed buffer strip for the site specific conditions. Potential adverse factors, such as erodible so~ and steepn, ess, could be mitigated by increasLr~ buffer strip length ar engineering mecli[ications. ~. seecl'tng lawns early in the construction phase would reduce sediment loads onto/be buffer st~. These practices can all contribute to increased buffer strip effectiveness. A combination of engineering alternates together with' r= _hJral buffer sl:~ps may be the best solution. References American Public Health .Rs=od=t. ion (lgSg) Standard Methods for ~he E. zaminatfon of Water and Wastewa~r. 17th Edition, .aPl-lA. . Dennis, Jeffrey (1985) Phosphorus Export Imm .a Low-Dens~y Residential Watershe.d and an Adjacent Fore, ed Watershed, p. 410-407, I_.n. Lake and Reservoir Management: vol 11. Proc. North American ILaha Management Society Annual Conf.,.Washington, D.C. Dillaha, T.A., J.H. Sherrard, and D. Lee (1986) Long-Term Effectiveness and Maintenance o! . Vegetative Rlter Stzips. VPI-VWRRC-BULL 153. t3oyle, R_C. 'az~c[ G.C. Staman (1 g7"~ Effect~e,ess of Forest and Grass Buffer S~ps ~ Improving the Water Qua[~ 0f M~ure Polluted'Runoff. Paper No. 77-2501. Presented at the 1977 Winter Meeting, ASAE. December 13-16, ~o. IL. Moor~, ~L (1 git/) NA/J~S ./~.~em~! ~fl~. ~orth .Lmeric~-~ [~ Ya~gemem Society, Washington,.D,C. Acknowledaements · Th~ activities on ~icfl ~is publicaion is based ~ere ~nance~ in .part by the Depatment of Civil Engineering, University o! Maine, Maine Department of Enviro~ Protection. and the Department of the Interior, U. S. Geelog~a=al Sunm¥, through the University of Maine Water Resources [nsE[~e Program. The contents of this pub~n do not necessarily reflect the -views and policies of fha'Department Of ~he' Interior, nor does menl~3n of trade names oz' comrne~ products cortstit~e their endorseme~ by the United ' States Government. The authors wish ta tha.~ Jeff Dennis. Maine DEP. for his advice and support of this proj&ct and W~aiam Haltema~, UM Department of M,3therna~cs, for his assistance in the st~tisticaJ anaJy~s of the data. The laboraZory assistance of Donna Wzmp~, Mike Wil~ms, James Wagner, and DaSd Henderson is also greatJy appreciated. Application of Wetland Buffers - City of Mound Projects ,il B0 \ 80 ', 80 L- 80__~ ._.,,,.-,_,,,_80__ / L ~ 80 I 80.. - --- ~ ~( .... O ;" ~ --.~ ~.-I ~N , ~ ~ ~ -. ~ jo~,s 8~_~ L__8~.~8o ! ',~ . '"' i N0~16'E L ~ ~;~. 15.17 '~~ XS~o ' . [/~ / ~ , ~ ~t'~ '~.- - ~! = - · ' ~ 47.47 ....... ~, ~ ~ L~'o .............. ~ _ t~l~ w ~ , .. ~ ...... og Supplemental Information CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MN 55364-1687 PH: (952) 472-0600 FAX.: (952) 472-0620 WEB: www. cityofmound,com October 16, 2001 Ms. Glenda Spiotta Minnehaha Creek Watershed District 2500 Shadywood Road Navarre, MN 55331 RE: Cooperative Agreement - City of Mound Surface Water Management Plan Dear Ms. Spiotta: The City is in receipt of a letter from Ms. Lisa Tillman dated October 9, 2001 requesting an update regarding the status of the cooperative agreement between the City of Mound and the Minnehaha Creek Watershed District for the Mound Surface Water Management Plan. Please be advised that the draft agreement is being forwarded to the City Council for action at its October 23, 2001 meeting. Additionally, it is also being reviewed as a discussion item at the City Council workshop scheduled for October 22, 2001. As you are aware, the cooperative agreement was reviewed by the City Council at its June 26, 2001 meeting and was subsequently tabled pending additional review and discussion by City staff. On behalf of the City of Mound, I would ask that you share this information with the MCWD Board of Managers. If you have any questions regarding this letter or would like any additional information, please feel free to contact me at 952-472-3190. Again, I appreciate the assistance we have received from the MCWD regarding this project. Community Development Director pnntod on recycled paper Minnehaha Creek Watershed District Improving Quality of Water, Quality of Life Gray Freshwater Center Hwys. 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (952) 471-0590 Fax: (952) 471-0682 Email: admin @ minnehahacreek.org Web Site: www. minnehahacreek.org Board of Managers Pamela G. Blixt James Calkins Lance Fisher Monica Gross Scott Thomas Malcolm Reid Robert Schroeder {Printed o~ recycled paper containing al Beast 30% post consumer waste, October 9, 2001 Kandis Hanson City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Dear Ms. Hanson: We are completing final assessment of your City's local water management plan. According to our records, the City of Mound Plan was conditionally approved at the May 10, 2001 meeting of the MCWD Board of Managers. The City was requesting authority over District Rules B - Erosion Control, C - Floodplain Management, D - Wetland Protection, and N - Stormwater Management. Until the conditions of approval are met, the Plan is not formally approved and transfer of authority cannot occur. The conditions for approval were as listed in the attached resolution. If you could provide us with a written statement on City progress toward meeting these conditions by October 16, 2001, we would appreciate it. We plan on discussing the status of conditionally approved local water management plans at the October 25, 2001 meeting of the Board of Managers. If you have any questions please contact Glenda Spiotta at (952) 471-0590. Sincerely, Lisa Tilman Cc: Sarah Smith, City of Mound RECEIVEP 0CT 1 2 2001 MOUNU PLAt JNIN6 & INSP. T:\0185\04X267\WMP Status letter Mound.doc LOCAL WATER RESOURCES MANAGEMENT PLAN 0I WHEREAS on June 12, 1997, the MCWD adopted amendments to its comprehensive watershed management plan under Minnesota Statutes § 103B.231, which, as amended, details the existing physical environment, land use and development in the watemhed and established a plan to manage water resources and regulate water resource use to improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 103B and 103D; and WHEREAS the MCWD's comprehensive watershed management plan, as amended incorporates the Rules adopted by the MCWD to protect water resources, improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 103B and 103D; and WHEREAS the City of Mound submitted a local Water Resources Management Plan to the MCWD for review and comment on May 2, 2000 that continued under an extended time frame by agreement of the City and the MCWD; and WHEREAS the MCWD reviewed the Plan in accordance with Minnesota Statutes § 103B.235, subd.3, prepared comments and met with City representatives; and WHEREAS the Metropolitan Council received the local Water Resources Management Plan and provided its comments to the MCWD on September 1,2000; and WHEREAS the City of Mound subsequently prepared revisions and submitted final revisions to MCWD which incorporated MCWD review comments; and WHEREAS the MCWD determined that the revised Plan is consistent with the MCWD Water Resource Management Plan; and WHEREAS the MCWD determined that the Plan meets the requirements for local planapproval set forth in the MCWD's Water Resource Management Plan, including that the City has demonstrated that draft official controls described in the Plan will protect the MCWD's water resources at least as well as the MCWD's rules; and WHEREAS the City does intend to assume regulatory authority for erosion control, floodplain, preservation, wetland protection and stormwater management. Resolution No. 06-2001 Approving City of Mound's Water Resources Management Plan THEREFORE, BE IT RESOLVED that the MCWD Board of Managers hereby approves the Plan on the occurrence of the following conditions: 1. Both local governments shall execute a cooperative agreement establishing implementation responsibilities between the City and MCWD. 2. The City shall revise the Wetland Management Plan to state that the City will amend the Plan and submit it to the MCWD for approval within four months or 120 days after the MCWD provides the Wetlands Functions and Values Inventory and Assessment results for wetlands within the City of Richfield. 3. City Ordinances: a. City ordinances shall be adopted addressing the use of phosphorus fertilizer, erosion control, parking lot/street sweeping, pet waste disposal, floodplain alteration, wetland protection and stormwater management within 180 days of plan approval. b. Adopted city ordinances shall be in the final substantive form as submitted to MCWD as included in the Mound Water Resource Management Plan with the following provisions: 1. Activities will result in no net decrease in the 100 year flood storage capacity. 2. BMPs will be consistent with Rule N, specifications of the MPCA Manual (Protecting Water Quality in Urban Areas) and its future revisions. 3. Water quantity control requirements will be consistent with Rule N, #4 (rate control) 4. Water quality requirements will be consistent with Rule N. #5. 5. Wetland buffers will be required for all wetlands impacted by filling or excavation and for wetlands on sites with new development or changes in development and floodplain alteration sites. - 6. Activities including but not limited to mowing, yard waste, disposal, and fertilizer application shall not occur within the wetland buffer zone. 7. Wetland replacement where permitted shall occur within the same subwatershed as the associated wetland impact: 8. Wdtten notification will be in accordance with Rule A, #5. The City shall not otherwise amend the Plan before adoption. ~INALLY 1~1~ IT R~:9OLVI::D ~hat MCWD stab~ and consultants are directed to develop a cooperative agreement with the City of Mound to be executed upon mutual agreement and MCWD Board approval within six months of this date. offered the following resolution and moved its adoption, seconded by The motion to adopt Resolution No. 6 -2001 received yeas and ~ Yea Nay Abstain Absent Yea Nay BLIXT SCHROEDER CALKINS REID FISHER THOMAS GROSS nays as follows: Abstain Absent Upon vote, the President of the Board of Managers declared the Resolution No. 6-2001 adopted on this the 10", day of May, 2001. I, Lance Fisher, Secretary of the Minnehaha Creek Watershed District Board of Managers hereby certify that this is a true and accurate copy of the odginal Resolution No. 6-2001approved on the 10"' day of May, 2001, by the Minnehaha Creek Watershed District Board of Managers during an official Board of Managers meeting on that date. IN TESTIMONY WHEREOF, ! have hereunto set my hand of said Watershed District this the 10th day of May, 2001. Lance Fisher, Secretary COOPERATIVE AGREEMENT Between the Minnehaha Creek Watershed District and the City of Mound for Local Water Planning and Regulation This Cooperative Agreement is made this __ day of ,200 l'by and between the Minn6haha Creek Watershed District, a watershed district with purposes and powers as set forth at Minnesota Statutes Chapters 103B and 103D ("MCWD"), and the City of Mound, a body corporate and politic and a [home rule charter/statutory] city in the State of Minnesota ("City"). Recitals and Statement of Purpose WHEREAS in 1997, the MCWD revised its comprehensive watershed management plan under Minnesota Statues § 103B.231, which details the existing physical environment, land use and development in the watershed and establishes a plan to regulate water resource use and management to protect water resources, improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 103B and 103D; WHEREAS the MCWD's comprehensive watershed management plan incorporates the Rules adopted by the MCWD to protect water resources, improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 103B and 103D; WHEREAS the City has developed a local water management plan under Minnesota Statutes § 103B.235 that describes the existing and proposed physical environment and land use within the City and sets forth an implementation plan for .bringing local water management into conformance with the MCWD's comprehensive watershed management plan; WHEREAS on May 1, 2001, the MCWD Board of Managers conditionally aPProved the City's local water management plan by adoption of Resolution 06-2001, which resolution is ~hed and incoq~orated herein; WHEREAS the May 1, 2001 local plan approval was condition on fulfillment of the terms set forth in Resolution 06-2001; ~~AS the City within 120 days of execution of this Cooperative Agreement will adopt and implement its local water management plan and within 180 days will adopt all ordinances identified in. Resolution 06-2001 as necessary for the Board of Managers' finding that the City's official comrols a~¢ as prot~-'~ive of the water resource as the MCWD's; Wt-IE~, the MCWD and City desire to memorialize their respective roles in impleme~ng water resource protection and management within the City; NOW THEREFORE it is mutually agreed by and between the parties that they enter into .this Cooper~ive Agreement in order to document the understanding of the parties as to the roles and r~ponsibilities of each party. CLL-I~3~2 MU2204 1.2 1.3 The City may exercise all present and future authority it otherwise may possess to issue permits for and regulate activities affecting; water resources within the City. The City is solely responsible for erosion control, flOod plain alteration, wetland protection and stormwater management for land development within the City. The City will regulate these activities in accordance with the City's approved local water management Plan and the terms of this Agreement. The MCWD will continue to exercise its regulatory authority with respect to all other subjects of regulation under its Rules. On written confirmation to the MCWD that the City has adopted erosion conii'ol, flood plain alteration, wetland protection and stormwater management for land development ordinances as required by Resolution 06-2001 and said ordinances are in force, the City shall become solely responsible for erosion control, flood plain alteration, wetland protection and stormwater management for land development within the City. The City will implement the ordinances in accordance with the City's approved local water management plan and the terms of this Agreement. 1.4 Within 120 days of its receipt of the MCWD's wetland inventory and function & value assessment for the City, the City shall review its local water management plan, submit to the MCWD such revisions as the City believes warranted by the new information. 1.5 The City will not issue a variance for an activity that does not comply with an above- referenced ordinance until the MCWD has approved the variance and proposed conditions. On receipt of a request for a variance, the City promptly will transmit a copy of the variance request, and supporting documentation to the MCWD for review. 1.6 The City will maintain a log of permits it grants pursuant to this Agreement, will provide the log to the MCWD annually and will meet at least annually with the MCWD to review the implementation of the City's local water management plan. 2.0 Responsibilities of the MCWD 2.1 The MCWD will continue to apply and enforce MCWD Rules E, F, and G "dredging, shoreland and streambank improvements, and stream and lake crossings," within the City, as applicable. 2.2. The MCWD will continue to apply and enforce MCWD Rules B, C, D and N, "erosion coatrol, flood plain alteration, wetland protection and stormwater management for land development," within the City until the conditions in Paragraph 1.3 have been met. 2.3 The MCWI) will continue to apply and enforce Rule I, "Variances," when considering a varian~ fi.om an above,referenced City ordinance. The MCWD will act on a variance request pursuant to Paragraph 1.5 within 30 days of its receipt of the request. 2.4 The MCWD will perform a wetland inventory and a function & value assessment for the City and .will provide the results to the City. CLL-199360v2 MU220...4 2.5 2.6 2.7 2.8 The MCWD will exercise good £aith in its review and approval o£any revision submitted by the City in accordance with paragraph 1.4, above. The MCWD will meet with the City at least annually to review the implementation of the City's local water management plan. . · The MCWD retains the right to enforce any and all of its rules in the event that the City is unable or unwilling to carry out its obligations listed in Section 1.0 of this Agreement. The MCWD retains all authority that it may possess under Minnesota Statutes Chapters 103B and 103D or any other provision of law, except as explicitly reposed in the City under this Agreement, including but not limited to authority set forth in.Minne~ta Statutes §§ 103B,211, subd. l(a); 103D.335 and 103D.341. 3.0 Conditions The City's local water management plan shall be deemed finally approved by the MCWD on the City's fulfillment of paragraph 1.3 above. 4.0 Amendment This Agreement may be amended only by a writing signed by both of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement. CITY OF M]NNEHAHA CREEK WATERSHED DISTRICT By: Mayor By:. President, Board of Managers By: City Manager APPROVED AS TO FORM AND EXECUTION APPROVED AS TO FORM AND EXECUTION By: By: Its Attorney Its Attomey CLL- 199360v2 MU220-4 Improving Quality of Water, Quality of Life Gray Freshwater Center Hwys. 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (952) 471-0590 Fax: (952) 471-0682 Email: admin @ minnehahacreek.org Web Site: www. minnehahacreek.org Board of Managers Pamela G. Blixt James Calkins Lance Fisher Monica Gross Scott Thomas Malcolm Reid Robert Schroeder Pdntad ca recycled paper containing at least 30% pest consumer waste. INFORMATION ABOUT MCWD RULES & PERMIT APPLICABILITY DATE: August, 2001 Projects requiring a permit from municiPalities and townships may also require a permit from the Minnehaha Creek Watershed District (MCWD). Some projects that do not require a city permit may still require an MCWD permit. Please consult the following list to see if the subject project requires a MCWD permit. Be aware that the list below encompasses the most important Rules based on the major types of projects for which the public has been obtaining permits. However, it is not intended to serve as a complete list of our Rules. Please refer to our web site at · www. minnehahacreek.org for the complete description of all of our Rules, and to find application forms. Also, feel free to call the MCWD office if you have any questions. Rule B · · · Erosion Control: Grading of 5,000 square feet or more Stockpiling or excavation of more than 50 cubic yards of material As of January 1, 2000 MCWD requires that all silt fence installed be orange in color. Rule C Floodplain Alteration: · Any activity that proposes to place fill of any type in a floodplain associated with a lake, river, stream, wetland, or any other water basin. Rule D Wetland Protection: All projects associated with the draining, filling, or excavation of a wetland Rule E Dredging: All dredging in the beds, banks, or shores of any protected water or wetland Rule F Shoreline and Streambank Improvement: · All shoreline and streambank improvements, including but not limited to rip rap, retaining walls, sheet piling, and boat ramps · All sandblanket projects Rule G · Stream and Lake Crossings: Placement of roads, highways, or.utilities in the bed of a protected water or wetland \\SHARONS\PROJ ECTS\gen memos\Contractors.doc Minnehttha Creek Watershed District Improving Qualiey of Water, Qualiey of Life Gray Freshwater Center Hwys. 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (952) 471-0590 Fax: (952) 471-0682 Email: admin @ minnehahacreek.org Web Site: www. minnehahacreek.org Board of Managers Pamela G. Blixt James Calkins Lance Fisher Monica Gross Scott Thomas Malcolm Reid Robert Schroeder Printed on recycled paper containing at least 30% pest consumer waste. · Construction of a bridge or related crossing of a water, waterway or wetland. · Placement of a culvert or similar structure in the bed or channel of a protected water or wetland Rule N · Stormwater Management: All residential, commercial, institutional, industrial, or public land development projects that will increase the area of impervious surface or change land contours to alter the drainage ways, increase peak runoff rates, or affect the quality of stormwater flows. Single family homes, additions of garages, decks, etc. are exempt from this rule but may require a permit under one of the other rules. Grading and excavating must not begin until a permit has been issued and required erosion control measures are in place. Working without a permit where required is in violation of MCWD Rules and is a misdemeanor subject to penalty by law. If there is any question whether your project requires a MCWD Permit please contact District Staff. For further information regarding rules and permitting, please call the MCWD office, (612) 471-0590 or go to the MCWD Internet web page (www. minnehahacreek.org). \~SHARONS\PROJECTS\gen memos\Contractors.doc next-previous Rules Definitions General Rules Policy Rules in PDF Format Best Mgmt. Practices Best Mgmt. Checklist Urban Small Site BMP's Statement of Need & Reasonableness of Proposed Rules Revisions MCWD Relationships with Municipalities proposed Rule Revisions Rule B, D, G, & N Rule E Dredging Rule M Proposed Lake, Stream, and Wetland Buffers MCWD Rules Rule A Procedural Requirements Rule B Erosion Control Rule C Floodplain Alteration Rule D Wetland Protection Rule E Dredging Rule F Shoreline & Streambank Improvements Page 1 of 7 PROPOSED RULE M Lake, Stream and Wetland Buffers viou$ ~' PROPOSED RULE M PURSUANT TO MINNESOTA STATUTES §103D.341 (Redlined from 3-14-01 proposed rule) View Background Information DEFINITIONS The following terms are added or amended, as indicated: "Impervious" means unable to effectively absorb or infiltrate rainfall and snowmelt so as to impede the entry of water into the underlying soil and refers to surfaces such as, but not limited to, asphalt, concrete, shingle, wood and compacted gravel. "Land-disturbing activity" or "land disturbance" means any disturbance to the ground surface that, through the action of wind or water, may result in soil erosion or the movement of sediment into waters, wetlands or storm sewers or onto adjacent property. Land-disturbing activity includes but is not limited to the demolition of a structure or surface, soil stripping, clearing, grubbing, grading, excavating, surface disturbance related to tunneling, filling and the c. tc:c~c, stockpiling of soil or cc,'th other erodible materials. "Native plant community" means a community so listed at the time of Board permit action by the Minnesota Department of Natural Resources, Natural Heritage and Nongame Research Program. "Pervious" means able to effectively absorb or infiltrate rainfall and snowmelt. RULE B: EROSION CONTROL A new paragraph 5(b)(8) is added as follows: (8) Documentation that no vegetation or soils will be disturbed, and no excavated, fill or construction material will be stockpiled, closer to any identified public water or wetland than the following: Stream ~ 513 feet Lake Natural Environment 100 feet All Other 50 feet Wetland Up to 1.0 Acres 25 feet 1.0 Acre or Larger 50 feet http://www.minnehahacreek.org/Permit_Rules/MCWD%20Rule%20M.htm 10/8/2001 next-previous Rule G Stream & Lake Crossings Rule H I:nforcement Rule I Vadances Rule J Fees Charged in Certain Cases Rule K Performance Bond or Letter of Credit Rule M Proposed Lake, Stream, and Wetland Buffers Rule N Stormwater Management for Land Development Projects Page 2 of 7 Notwithstanding, if an applicant developing a sing/e-family residential lot of one acre or smaller demonstrates that the aDolicable buffer width would cause the proposed activity to become infeasible or substan'dally more costly, the District will reduce the required buffer width. The buffer shall be as wide as site conditions allow and the permit may include additional conditions to offset any reduced protection. A new paragraph 5(c)(7) is added as follows: (7) Soil stabilization measures shall provide for prompt and effective stabilization under prevailing site conditions and seasonal factors. Section 9 is amended to read as follows: 9. MAINTENANCE. The permittee shall be responsible at all times for the maintenance and proper operation of all erosion and sediment control facilities. On any property on which land-disturbing activity has occurred pursuant to a permit issued under this rule, the permittee shall, at a minimum, inspect, maintain and repair all disturbed surfaces and all erosion and sediment control facilities and soil stabilization measures every day work is performed on the site, and at least weekly, until land-disturbing activity has ceased. Thereafter, the permittee shall perform these responsibilities at least weekly until vegetative cover is established. Fencing of sufficient height and visibility to prevent land-disturbing activity from intruding on temporary buffer shall be maintained between the buffer and land-disturbing activity until that activity has ceased. The permittee shall maintain a log of activities under this section for inspection by the District on request. RULE M: LAKE, STREAM, AND WETLAND BUFFERS 1. POLICY. Natural vegetation bordering the bed and banks of waterbodies serves a critical role in maintaining the ecological function of and societal benefits deriving from those water resources. Purposes served by vegetative buffers include bank and shoreline stabilization; erosion prevention; filtration of nutrients, sediments and other pollutants from storm flows; protection of stream beds and banks and mitigation of downstream flooding through moderation of peak flows both into and within the resource; regulation of in-stream temperatures; preservation of aquatic and terrestrial habitat; protection of scenic resources; and maintenance of property values. The purpose of this Rule is to afford the greatest possible protection to the water quality, flow regime and habitat of the surface waters within the District, consistent with the interest in avoiding undue disturbance to established public and private activities in littoral and riparian zones. 2. APPLICABILITY. The Rule applies as stated in this section. (a) A buffer permit is required before undertaking activity that requires a permit under Rule C, D, G or N of the District Rules, except as stated below. (1) This Rule applies only to land adjacent to a public water as defined at Minn. Stat. §103G.005, subd. 15, as amended; or a wetland as defined at Minn. Stat. §103G.005, subd. 19, as amended. http://www.minnehahacreek, org/Permit_Rules/MCWD%20Rule%20M.htm 10/8/2001