HomeMy WebLinkAbout01/14/2009 - memo re: wetland buffer ord. Oct/167TA
Memorandum' Bonestroo
To: Melanie Curtis Project: 4701 West Branch Road Date: 1/14/2009 2335 Highway 36 W
St.Paul,MN 55113
From: John Smyth Client: City or Orono Tel 651-636-4600
Fax 651-636-1311
Re: Wetland Buffer Ordinance File No: 139GEN Plat www.bonestroo.com
Remarks:
The proposed project involves the removal of a principal structure and reconstruction on the
same property and thus per Section 78-1601 (C)3 of the Orono Wetland Ordinance a wetland
buffer will be required.
There is one wetland located within the property. The wetland is classified as a manage 2 which
requires a 25 foot buffer and 20 foot setback from the buffer.
A wetland delineation has not been completed on this property so the exact location of the
buffer and setback cannot be determined at this time. A review of the aerial combined with the
survey indicates the wetland is at least 55 feet from the proposed structure which will allow the
proposed building to be in compliance with the buffer and setback requirements. More
information is required before this proposed project can be considered to be in compliance with
the City Wetland Ordinance.
Buffer Condition and Requirements
Due to snow covering the vegetation a site evaluation to determine the condition of the buffer
vegetation cannot be completed at this time. This will need to take place during the growing
season. The aerial photograph indicates that there is likely areas of turf grass within the buffer.
There is also a portion of the buffer that appears to be wooded. If the wooded areas of the
buffer include buckthorn,garlic mustard or other invasive species they will be considered to
have undesirable plant species. Per Div.3 Sec.78-1605(2)(a)the undesirable plant species will
need to be removed and replaced with native vegetation. Exact requirements for the buffer
cannot be determined at this time however,It is anticipated that the applicant will likely need
to complete the following:
The applicant will need to provide a Management/Landscaping plan that includes the
following:
1. Method of establishing native vegetation in the buffer that is turf. (MN BWSR Web Site
—Publication: "Restoring&Managing Native Wetland and Upland Vegetation"source
for options).
2. Species proposed to be seeded or planted.According to the ordinance Div.3 Sec.78-
1605(3)the seed mix must contain at least 12 pounds(PLS)per acre of native prairie
grass seed and 5 pounds(PLS)per acre of native wildflower seed. Native prairie grass
and native forb mixes shall contain no fewer than four(4)and five(5)species
respectively(MN BWSR Web Site—Publication: "Restoring&Managing Native
Wetland and Upland Vegetation"source for options).
3. A schedule of activities that are part of the management and maintenance for the
establishment of vegetation in the buffer shall be provided.
Survey Requirements
A wetland delineation will need to be completed on the property,approved by the Minnehaha
Creek Watershed District and then surveyed and placed on the certificate of survey along with a
boundary depicting the upslope edge of the buffer. A legal description for the upslope edge of
the buffer will need to be submitted with the Restrictions and Covenants(see description
below).
Restriction and Covenant for Wetland and Buffer
Per Section 78-1611 of the wetland ordinance the owner shall record Restriction and Covenants
over the wetland and buffer with the property chain of title. A form with the language for the
Restriction and Covenants is available from the City.
Wetland Buffer Markers
Formal buffer markers are not required for the proposed activity under the Ordinance,however
it is recommended that the buffer is marked by the applicant so they can be avoided during
native vegetation development and for review during the vegetation establishment period
(approx.2 years).
Wetland Water Quality Treatment Requirements
The buffer will provide adequate treatment for the proposed use of the property.
Recommendations
It is recommended that this application not be approved until issues presented in this memo
are addressed or approval is conditioned on issues presented in this memo being addressed by
July 1,2009. If approved with conditions it is recommended that an escrow in the amount of
$6,000 be held to insure compliance with the requirements of this memo.
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