HomeMy WebLinkAboutMn Wetland Conserv Act Tech. Eval.findings Minnesota Wetland Conservation Act
Technical Evaluation Panel Findings Report
Date(s)of Site 9/29/2014 LGU: Minnehaha Creek Watershed District
Visit/Meeting:
County: Hennepin LGU Contact: Courtney Hall
Project Name: Nelson Restoration Phone#: 952-473-2855
Location of Project: 520 Tonkawa Rd,Orono Email chall@minnehahacreek.ora
(attach map If possible) Address:
TEP ATTENDEES: OTHER ATTENDEES: OTHER ATTENDEES:
LGU:Courtney Hall Applicant's Representative:
Doug Mensing,AES,Inc.
SWCD:
BWSR:Ben Meyer
DNR:
PROJECT DESCRIPTION AND PURPOSE OF MEETING:
See"Introduction"In attached Technical Memo
TYPE OF MEETING:Check oiloppllcoble
❑ Office ® On-Site ❑ 6one Conference ❑ E-mail ❑ Other:
TEP FINDINGS AND RECOMMENDATIONS';
Members of the Technical Evaluation Panel(Ben Meyer from BWSR and Courtney Hall from MCWD)met on site to
dicuss the technical merits of the restoration and to assess the public value of the wetland.The TEP said that It order for
the project to qualify for No-Loss,the project would have to result in an Increase of wetland function.The TEP discussed
the technical merits,public value,and assurances of the project with the applicant and summarized the findings in the
attached technical memo.
The TEP recommended approving the proposed restoration project as a No-Loss as the activities do not fulfill the
criteria of the definition of an"impact"as defined In the WCA and will result in an increase in function and value of the
wetland.
SIGNATURES
SWCD Representative Date BWSR Represen a v Date
Do not concur ❑ Do not concur ❑
10/6/2014 .
L Representative Date DNR Representative Date
Do not concur ❑ Do not concur ❑
1 TEP Findings should be a meaningful concise summary detailing.the project conditions, technical data, and what rules
apply. The TEP recommendation should be clear,based on rule and best professional judgement.
Rev.12117n013
MINNEHAHA CREEK WATERSHED DISTRICT
QUALITY OF WATER QUALITY OF LIFE
Memo
To: Ben Meyer, BWSR
Stacey Lijewski, Hennepin County
From: Courtney Hall, MCWD
CC:
Date: September 23,2014
Re: Wetland Conservation Act No-Loss Application W14-37 Nelson Restoration
I. Introduction
Dr.Glen Nelson has applied for a No-Loss determination for the proposed restoration of a 2.98 acre wetland in
the City of Orono(PIDs 0511723320005 and 0511723330018).The wetland is a Shallow Marsh that is
dominated by hybrid cattail,purple loosestrife,and reed canary grass.The wetland has low vegetative
diversity and low wildlife habitat value.
Dr. Nelson has hired Applied Ecological Services, Inc to design and implement a wetland restoration at the
above-mentioned site. Dr. Nelson is not required to restore the wetland for replacement credits nor is he
looking to sell wetland banking credits. He is interested in improving the biological diversity of the wetland
and surrounding upland.This is a privately funded,good-will effort to improve the quality of the wetland.
The Minnehaha Creek Watershed District is the local government unit that administers the Wetland
Conservation Act in the City of Orono at this site and is responsible for making decisions on applications.The
MCWD has called upon the TEP to analyze the technical merits of the restoration,assess public value of the
wetland,and interpret the intent of the Wetland Conservation Act.
II. Background
Based upon historical aerial review(attached),the wetland appears to have been drier with the northern
portion of the wetland likely supporting hay production.The southern portion of the wetland was wooded,
and was likely made up of lowland forest or wet forest communities.Currently,there are still small pockets of
wet meadow species,which also suggests that this wetland was historically a wet meadow community.These
wetland communities that existed historically were sensitive to stormwater input and urban development.
The historic hydrology of the wetland has been altered by construction of Tonkawa Road, nearby urban
development,and installation of culverts.The road acts as a berm and prevents water from dissipating from
the wetland,which has resulted in a wetland that is inundated for longer periods of time. Prolonged periods of
i
Inundation would have resulted in a conversion of wetland communities adapted to saturated soils(i.e.wet
meadow communities and lowland wet forest communities)to the shallow marsh community that exists
today.The culverts probably have had less of an impact over time.However,they are impounded and reduce
flow out of the wetland and result in fluctuating hydroperiods of inundation that stress native wetland plant
communities.
III. Restoration
Restoration In the WCA(8420.011 Subp 62)refers to the reestablishment of historic wetlands or wetlands that
are degraded.The subject wetland has been degraded due to disturbance of its natural condition by human
activities.This has resulted in low to moderate wetland functions and values under the existing condition.The
wetland has moderate water quality and storm water retention functionality.However,it is nearly a
monotypic stand of hybrid cattail and supports little wildlife.
To truly restore the historic hydrology of the wetland that would have supported saturated soils and wet
meadow communities,the culverts under Tonkawa Road would have to be expanded or lowered.Expanding
or lowering the culverts would draw down water levels to promote saturated soils and the establishment of
wetland vegetation communities adapted to these soil conditions.Drawing down water would be prohibited
by the WCA.It would be considered an impact because it is an activity that drains a wetland and would likely
reduce the overall size of the wetland.The applicant has proposed an alternative restoration technique that
still achieves hydrologic and vegetative restoration,but will not result in loss of wetland quantity.
The applicant has proposed restoring the historic wet meadow community by excavating approximately 2,588
cubic years of wetland soil from a 0.5 acre portion of the wetland and thin-spreading the material over lower
portions of the wetland to a maximum elevation of 964.5 feet in order to maintain wetland conditions.A wet
meadow seed mix will be broadcast over the thin-spread area to restore a wet meadow community.Plugs of
marsh plant species will be installed in the excavated area.This will improve biodiversity of the wetland by
creating two additional wetland community types.In addition to a lowland wetland forest community that
exists now and will remain,the wetland will have a wet meadow component that will have greater floristic
diversity and will attract birds and pollinators,as well as a deep marsh habitat that will promote amphibian
and waterfowl habitat.The restoration will also Increase beta diversity at the landscape level by creating a
diverse wet meadow wetland. High quality wet meadow wetlands are lacking within the Minnehaha Creek
Watershed District because they have been degraded and are dominated by invasive species.The TEP
recommended including a fallen log in the proposed deep marsh portion of the wetland to provide an area for
heron and turtle perching,and to have an area for tadpoles to hide.The applicant agreed to include this.
Aside from Improvements to the wetland itself,the proposed project includes restoration of the wetland
buffer plant community through removal of invasive species and planting of native forest species.The
proposal also includes improvements to water quality.The applicant plans to install two rain gardens that will
treat an area of approximately 1.42 acres of runoff prior to entering the wetland.Therefore,the proposed
restoration will increase the public value(MN Rules 8420.0522 Subpart 1)of the wetland by improving water
quality,native plant habitat,and wildlife habitat.It will also promote advancement in wetland restoration
science as an innovative and replicable wetland restoration technique.
IV. Restoration Technique
The success of the restoration depends on the ability to limit the growth of cattail in the wetland.Other cattail
management techniques were researched and are outlined below.However,most are ineffective if not paired
with the direct manipulation of water levels.The thin spreading of material is a technique that will manage
cattails as well as provide an area for native wetland plant re-establishment.
Cut and Flood
The most effective cattail management technique is to cut the cattail stems and leaves and subsequently flood
the wetland area for a prolonged period of time.This method works well because it precludes germination by
reducing light to cattail seeds and it disrupts the function of the aerenchyma.Aerenchymha are channels in
plant tissue that allow oxygen to be transported to the rhizomes,which is an essential adaptation In plants for
survival in wetlands.Cutting the cattails and raising water levels above the cut stems and leaves drowns the
cattails.This greatly reduces cattail density and prevents future germination.This technique was explored by
the applicant.It would require flooding the basin and roadway embankment for an extended period of time.
Hennepin County Transportation Department advises against raising water levels In the wetland.If cut leaves
and stems are not submerged,however,this method becomes ineffective.
Herbicide
Another cattail management method is to apply herbicide.After herbicide application,the resultant exposed
soil can be seeded with a native wetland seed mix.Where seeding wetland plants in exposed soil is a good
technique for establishing native vegetation,it has not been shown that seeding alone will out-compete
invading cattails.This may be because cattails have a competitive advantage when there is an abundance of
cattail leaf litter.Therefore,if the cattail seedbed and litter has not been removed,it is likely that the area will
remain dominated by cattails.Removing the cattail seedbed would require excavation.
Proposed Thin-Spread
Because manipulating the hydrology of the wetland Is not feasible and herbicide treatments alone will likely
fail in the long-term,the applicant has proposed an innovative cattail management technique.This method
involves the thin-spreading of excavated wetland soil over an area that is currently dominated by cattails.
Existing cattail propagules will be removed from the excavated soil prior to spreading the material over an
area of herbicide-killed and burned cattails.Thin-spreading this soil will bury the existing cattail seedbank and
will reduce germination by eliminating light availability to cattail seeds.It will also create a large,level planting
area to seed with a native wetland mix.When native wetland plants are allowed to establish without
competition from invaders,they are good at outcompeting invasive species in the long term.Therefore,it is
likely that this technique will result in long-term delivery of public benefits.
V. Assurances
To assure that the project is achieving intended restoration goals and improved public value,the applicant has
outlined projected outcomes and proposed monitoring,maintenance and reporting.The applicant has
collected two rounds of baseline wildlife data for birds,amphibians,and Odonata(dragonflies and
damselflies).The applicant will be collecting another round of data this fall.Post-construction data will also be
collected.These data have been compiled in order to document the response of birds,amphibians,and other
biotic quality indicators to the restoration.This type of data collection will help to inform and educate wetland
professionals on expectations for wildlife response following restoration.
In addition to wildlife data,the applicant has committed to three years of post-construction wetland
monitoring and reporting,and will follow the MN Board of Water and Soil Resources Replacement Wetland
Annual Monitoring Report format.The applicant will perform short term management activities to meet
performance standards and has set high performance standards for the restoration activities,which include
less than 20%cover of invasive species and greater than 80%vegetation cover in the restored wet meadow
community.The applicant will be required to submit the monitoring reports to the MCWD on or before
January 11 of each year for 3 years.
The applicant will be required by the Minnehaha Creek Watershed District to have financial assurance for the
proposed wetland restoration.The District will have the option to draw upon this if warranted to do so.The
financial assurance will be released to the applicant only when performance standards have been met at the
end of the final year of monitoring.
VI. Summary of Benefits
The purpose of the Wetland Conservation Act is to achieve no net loss in Minnesota's wetlands and to
increase the quantity,quality,and biological diversity of diminished wetlands by restoring or enhancing them.
The proposed project will result in a more diverse,higher quality wetland that is composed of three wetland
plant communities.The project will improve and create habitat for birds,amphibians,and pollinators
(attachment Memorandum 9/15/2014).The proposed restoration technique is based upon information
advanced from other successful cattail management studies and is an opportunity to inform future wetland
restoration.
After reviewing meeting on site with the applicant to review the benefits of the project,the restoration
activities do not meet the definition of impact(MN Rules 8420.0111 subp 33).According to the rule,in order
for an activity to constitute an "impact",the proposed activity must fulfill both criteria described in the
definition:a)it must be draining or filling(or excavating in a type 3,4,or 5)and b)the draining,filling or
excavating must result in a loss in the quantity,quality,or biological diversity of the wetland.The proposed
activities,therefore,would not be an"impact"as they do not result in the loss of quantity of wetland and are
restoration techniques used to increase the quality and biodiversity of the wetland.The proposed restoration
will result in a functional improvement of the wetland.
VII. Recommendation
The Minnehaha Creek Watershed District is the local government unit that administers the Wetland
Conservation Act and is responsible for making decisions on applications.The MCWD has called upon the TEP
to analyze the technical merits of the restoration and assess public value of the wetland.The District and the
Technical Evaluation Panel recognize that the restoration project will provide multiple benefits.The proposed
project will restore a degraded 2.98-acre wetland,improve water quality entering the wetland,and restore
upland plant communities in the buffer adjacent to the wetland.The applicant has committed to financial
assurances and has outlined post-construction monitoring and maintenance.
The TEP is recommending approval of the proposed restoration as applied for under"No-Loss"as the activity
does not fulfill the two criteria of the definition of an"impact"as defined in the WCA and will result in an
increase in function and value of the wetland.
'/vA, 2v
Courtney Hall, MC D Wetland Specialist Date