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HomeMy WebLinkAbout1997-05-28 Joint Board PacketTHE BIRTHPLACE OF MINNESOTA Meeting Stillwater City and Town Joint Board City Hall Meeting Room (2nd Floor) 216 North Fourth Street Stillwater MN 55082 7 p.m. May 28, 1997 Agenda 1. Presentation of Draft AUAR for Expansion Area. 2. Discussion of Boutwell Area Parks. 3. Other items. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 1141) THE BIRTHPLACE CIF MINNESOTA DAHLGREN SHARDLOW AND • UBAN I1'COnrOPATLD Bonestroo Rosene Anderlik & Associates Engineers & Architects Northern Environmental Hydrologists • Engineers • Geologists David Breslau Associates APPENDIX B Stillwater AUAR Mitigation Plan 1.0 Introduction This comprehensive environmental protection plan has been prepared as a part of the Alternative Urban Areawide Review (AUAR) process for the City of Stillwater Annexation Area. This plan is intended to satisfy the AUAR rules that require preparation of a "mitigation plan" that specifies measures or procedures that will be used to protect the environment from potential impacts of development of the Annexation Area. The plan also provides management recommendations for maintenance and restoration of important natural areas. Finally, the plan specifies legal and financial measures and institutional arrangements that will assure that the mitigation measures recommended in the plan are implemented. The mitigation plan will be used by the City of Stillwater to guide development of the Annexation Area through the avoidance, minimization, and/or mitigation of environmental impacts. The plan is not intended to modify the regulatory agencies' responsibilities for implementing their respective regulatory programs, or to create additional regulatory requirements. This mitigation plan is not intended to deprive or divest any person of any use of property or right to which they are entitled by law. Finally, the AUAR and this mitigation plan may be silent as to environmental concerns or impacts that may arise later within the context of specific development proposals, and could not be anticipated during the AUAR process. This should not be construed as a bar to requests for and commitments by the City and project proposers to compile new and/or additional environmental impact information and analysis. The AUAR indicated that several important regional natural resources are potentially affected by proposed development in the Annexation Area: Brown's Creek, the Brown's Creek Ravine, Jackson Wildlife Management Area, and the St. Croix River. Other resources of local significance such as Long Lake and McKusick Lake may also be affected by proposed development. The mitigation plan specifically addresses measures for the long-term protection and management of these natural resources in Sections 2.0, 4.0 and 5.0. Protection measures that will avoid or minimize environmental impacts to wetlands, woodlands, and other natural resources in the Annexation Area are provided in Sections 3.0 and 6.0. The protection of historical and archaeological resources is addressed in Section 7.0. Protection measures for other potential development -related impacts, including traffic, air quality and noise issues are discussed in Section 8.0. The plan provides overall goals for each resource, then strategies that describe specific measures to be implemented to achieve each goal. The final section of the plan lists the plans, ordinances, and regulatory tools that the City of Stillwater has in place to Stillwater AUAR Mitigation Plan 5/6/97 2 implement the Mitigation Plan. The City of Stillwater recognizes that the emphasis of the AUAR is to closely examine the environmental impacts of proposed development in the Annexation Area as described in the Stillwater Comprehensive Plan. In addition to environmental impacts, the City must consider other issues as the area develops, including land use, design issues, finances, economics, and transportation concerns. The City must balance all of these concerns along with environmental impacts through specific plan development and design review process. The Mitigation Plan is proposed based on existing conditions and existing information at the time of its writing. If new information, conditions or mitigation methods develop after the approval of this plan, the City may convene representative members from the natural resources agencies and organizations on the Technical Committee to consider the new information and develop new recommendations to meet the goals identified in the Mitigation Plan. Finally, this AUAR specifically identifies and analyzes the environmental impacts of development within the Annexation Area. However, actions outside the 1800-acre area are beyond the control of the City of Stillwater, and may affect the natural resources that the Mitigation Plan protects or mitigates. The City of Stillwater is committed to try to coordinate protection of the natural resources with other agencies and organizations as listed in the Mitigation plan, and others that may impact the natural resources of the Area, particularly Brown's Creek. 1 Stillwater AUAR Mitigation Plan 5/6/97 3 The Goals and Strategies included in this plan were developed with the assistance of a Technical Advisory Committee for the AUAR process. The assistance of these individuals and their organizations is gratefully acknowledged. Participants in the Technical Committee meetings included the following: Jim Almendinger, St. Croix Watershed Research Station, Science Museum of Minnesota Wayne Barstad, Minnesota DNR Ecological Services Kathy Don Carlos, Minnesota DNR Division of Wildlife Mark Doneux, Washington SWCD (currently acting as the Browns Creek WMO) Annette Drewes, Minnesota DNR Trout Stream Coordinator Hannah Dunevitz, Minnesota DNR Natural Heritage Program Klayton Eckles, City of Stillwater, City Engineer Jerry Fontaine, Stillwater Planning Commission Gary. Huber, Trout Unlimited Dwight Jelle, Westwood Development Jim Larson, Metropolitan Council Environmental Services Meg McMonigal, Stillwater Township Lee Miller, Friends of the Long Lake Homeowners James Perry, University of Minnesota Department of Forest Resources Jim Peterson, Trail Head Development Charles Prokop, Minnesota Trout Association Marc Putman, Charles Cudd Companies Steve Russell, City of Stillwater Community Development Director Richard Schubert, Friends of Browns Creek Ravine Molly Shodeen, Minnesota DNR Division of Waters Gene Soderbeck, Minnesota Pollution Control Agency Sheila -Marie Untiedt, Stillwater Township Mary Vogel, University of Minnesota College of Architecture and Landscape Architecture Dave Zappetillo, Minnesota DNR Division of Fisheries Tony DeMars, Bonestroo, & Associates Bob Schunicht, Bonestroo & Associates Sherri Buss, Bonestroo & Associates, Facilitator Stillwater AUAR Mitigation Plan 5/6/97 4 2.0 Brown's Creek and its Tributaries Brown's Creek and its tributaries within the Annexation Area are classified as Trout Waters (MN Rules 7050.0420). Upper portions of Brown's Creek above the Stone Bridge are considered marginal trout habitat. Brown's Creek has been ranked as one of the six highest priority trout streams in the Metro Region. Brown trout are stocked in the stream at catchable size for recreation purposes. Natural reproduction of trout in the stream is limited. Fishing pressure on the creek is heavy, due to its accessibility to Metro Area anglers, including mobility -restricted anglers. The presence of Brown trout in the stream is an indicator of high water and habitat quality, these conditions also help to support a valuable assemblage of rare species and communities that survive in the Brown's Creek Ravine. The City of Stillwater has proposed a set of goals and strategies in this section to maintain the water quality and hydrologic regime of Brown's Creek, to maintain the health of trout habitat and natural communities in the Ravine as development occurs in the Annexation Area. Goal 1: Protect and Maintain the Current Quality of Surface Water Inflows to Brown's Creek. PROTECTION STRATEGIES: 1. Implement the plan to divert discharge from Long Lake and stormwater runoff from the Annexation Area and Grant Township (south of the Minnesota Zephyr railway tracks) to the wetland north of McKusick Lake. Reconfigure the outlet at the north end of Long Lake to maintain the lake at a normal elevation of 889-890, and direct flows north through the existing drainageway to the McKusick wetland. Reconfigure this drainage ditch to a stream channel form, which will be more stable than the ditch. Remove the current dike at the north end of McKusick Lake, and build a new dike at the north end of the wetland, to create a basin to hold the entire runoff from the Long Lake and the Annexation Area up to a 2.5-3.0 inch rainfall event (occurs approximately every 3 years in this area). (Monitoring protocol described in #9 below.) Responsible parties: City of Stillwater, Minnesota DNR Regulatory program: DNR Outlet Permit No. 76-6047, Wetland Conservation Act Implementation time frame: City will complete a feasibility study of this diversion strategy by August, 1997 (the conclusion of the AUAR). The study will include a cost estimate and recommendations for equitable distribution of costs for implementing the diversion strategy. The city will implement the diversion based on results of the study. Stillwater A UAR Mitigation Plan 5/6/97 5 2. Implement the Stormwater Management Study for the Annexation Area developed as a part and sets of the AUAR,.that emphasizes the protection of water quality in Brown's Creep, forth criteria for the design and performance of stormwater detention basins to reduce peak flows into McKusick Lake and Brown's Creek. Identify and implement opportunities for regional stormwater detention basins within the Annexation Area and in surrotuttling communities that drain through the Annexation Area to Brown's Creek. Responsible parties: City of Stillwater, Washington County/Browns Creek \\'MO, Stillwater Township, surrounding cities Regulatory program: Minn. Statutes 103B.235 and Minn. Rules 8410 Implementation time frame: Design and construct detention facilities as deer{„pment is proposed. 3. Developers should work with the City of Stillwater to identify and implement stt;ttcgies to infiltrate and detain stormwater to reduce runoff to surface waters and increase t+tfiltration. A variety of strategies may be implemented to meet stormwater management goals to protect or improve the quality of runoff to Long Lake, McKusick Lake and Brow it's Creek by reducing peak flows from developed areas. Peak discharge rates for 2, 10, att‘l 100-year rainfall occurrence conditions from any development area should be maintained at less than or equal to pre -development conditions. The City of Stillwater may consider modifications from its Subdivision Ordinattcc• through its design review process for the following: a. Reduce street coverage • Reduce residential (local access) street widths and lengths. • Use "T" cul-de-sacs or establish vegetated islands designed to hold stormwi,tcr. b. Design and locate buildings to reduce impervious surfaces and retain infiltratat areas • Use cluster development that maintains open space and minimizes impery it n is surfaces. • Reduce front setbacks to reduce driveway length. • Maintain vegetated swales or detention areas between back lot areas to infiItt;tte and route water. c. Reduce parking areas • Encourage cooperative parking • Use parking standards that reflect average parking needs instead of peak day projections. d. Private developers in the Annexation Area may also chose to implement the following: • Provide infiltration areas • Use rural road sections without curb and gutter treatments, that drain to wet „ H. dry swales. Plant these where possible with native vegetation types. • Identify soils with high infiltration capacities, and cluster development and t t ►tile Stillwater AUAR Mitigation Plan 5/6/97 6 drainage to maintain these as open space areas and infiltrate storm runoff. • Use infiltration basins. • Maintain or create detention basins that release water when it has cooled to less than 65 degrees F • Use permeable pipes to transport and exfiltrate stormwater • Direct downspouts from roofs over yards or other vegetated areas and away from driveways or paved surfaces • Use aerators, sand beds, or other cooling strategies to reduce the temperature of runoff or pooled water before it enters Brown's Creek • Protect or encourage plantings of native vegetation on public and private properties, including woodlands, prairies, and wetlands, to promote stormwater infiltration and provide habitat and aesthetic values. Responsible parties: City of Stillwater, Washington County/Browns Creek WMO, Stillwater Township, Private Developers Regulatory program: Stillwater Comprehensive Plan, Stormwater Management ordinance, Special Area Plans and Development Agreements Implementation time frame: As development is proposed. City will review development proposals for consistency with the AUAR and Mitigation Plan. Provisions of the Stillwater Comprehensive Plan and Special Area Plans allow flexibility from standard subdivision requirements to implement cluster development, narrower street widths, and other practices suggested above. 4. Require the use, management and enforcement of Best Management Practices (BMP's) and Wet Stormwater detention basins to control erosion and sedimentation during and after construction of projects in the Annexation Area. Responsible parties: City of Stillwater, Stillwater Township, MPCA Regulatory program: Stormwater Management Ordinance, NPDES Permit Program, Development Agreements Implementation time frame: Immediate 5. Maintain or restore an unmown vegetated buffer at least 100 feet in width upslope from the Ordinary High Water mark (O.H.W.) along the corridors of Brown's Creek and its tributaries in areas developed after adoption of the AUAR. A wider buffer zone may be required where needed to protect floodplains, wetlands, steep slopes or important fish and wildlife habitat areas. Encourage landowners to plant native trees, shrubs, tall grasses, herbaceous and wetland plants in this buffer strip to increase shading of Browns Creek and tributaries to maintain water temperature for trout habitat. Amend Draft Shoreland Management Ordinance (February, 1997) to include Brown's Creek and its Tributaries, including regulations for Vegetation Management, Diseased Vegetation, Stillwater AUAR Mitigation Plan 5/6/97 7 Buffer Zones, Fertilizers, Pesticides, and Oak Tree Management. Adopt and enforce Ordinance,including the Annexation Area. Responsible parties: City of Stillwater, Stillwater Township Regulatory program: Development and Subdivision Ordinance, Shoreland Management Ordinance, Floodplain Ordinance Implementation time frame: The City will amend ordinances as needed to require a minimum 100' vegetated buffer and management regulations along Brown's Creek and its tributaries. Amendments will be completed by December, 1997. 6. Protect and enhance in -stream habitat and riparian trout stream habitat along Brown's Creek and its tributaries in areas of existing development, including vegetated buffer areas, groundwater recharge areas, pools, riffles, and other critical components of trout habitat. A continuous stream habitat corridor should be protected along the Creek downstream of the Stone Bridge. Responsible parties: City of Stillwater, Stillwater Township, DNR, Trout Unlimited Regulatory program: Voluntary program Implementation time frame: As development occurs 7. Develop and conduct annual educational programs for local residents on the value of natural resources in the area, the effects of yard care practices on these resources, and options for homeowners to assist in protecting resource quality. Responsible parties: Washington SWCD, Trout Unlimited, City of Stillwater, Public Interest Groups, University of Minnesota Extension Service Regulatory program: Voluntary program Implementation time frame: Ongoing 8. The City should work with Washington County and the Minnesota Department of Transportation as plans are completed for alteration of State Highway 36 and County Highways 15 and 96, to identify potential water quality and quantity impacts to Brown's Creek and impacts to other natural resources, and develop strategies to avoid or mitigate these impacts. Responsible parties: City of Stillwater, Washington County, Minnesota DOT Regulatory program: Voluntary coordination Implementation time frame: Designs for these roadways are currently being developed and reviewed 9. Implement a water quality monitoring program, including water temperature, dissolved oxygen, water quality and quantity parameters, in accordance with Minnesota Pollution Stillwater A UAR Mitigation Plan 5/6/97 8 Control Agency (MPCA) and Metropolitan Council water quality monitoring guidelines, as specified in Minnesota Lake and Watershed Data Collection Manual (MPCA 1994) and An Evaluation of Lake and Stream Monitoring Programs in the Twin Cities Metropolitan Area (Metropolitan Council 1989). Monitoring stations will be placed in the following locations: 1)lower end of Brown's Creek where it meets the St. Croix; 2)near the Stone Arch Bridge; 3) near Neal Avenue and the railroad tracks; 4) at County Road 15, 5) on the stream tributaries west of McKusick Lake; and 6) at the Long Lake outlet. Beginning in spring, 1997, these stations will be regularly sampled for water temperature and flow data. In addition, macroinvertebrate samples will be gathered and analyzed in for 2 locations, at the upper and lower ends of the Creek. Samples will be taken three times during the summer. Automatic monitoring stations at the Stonebridge and the lower end of Brown's Creek will also collect a variety of water quality data. The Washington Soil and Water Conservation District (acting as the Browns Creek WMO) will collect and analyze the results of monitoring on Brown's Creek, and report the results of monitoring to the City of Stillwater, Metropolitan Council, resource management agencies, and other interested organizations. The Science Museum of Minnesota and other partners are developing a proposal for short and long-term monitoring and data analysis of the Brown's Creek Watershed, including the Annexation Area, to include additional Responsible parties: Washington SWCD, City of Stillwater, Minnesota DNR, Trout Unlimited Metropolitan Council, MPCA, St. Croix Research Station -Science Museum of Minnesota, Stillwater High School Science classes (biological monitoring) Regulatory program: Voluntary program. Funding and resources will be provided by all of the Responsible Parties or Public Interest Groups Implementation time frame: Monitoring will begin by June 1, 1997. Washington SWCD will prepare the water quality monitoring plan with consultation of other responsible parties. Data collection will begin in 1997, and continue annually with results to be published in the annual report of the Browns Creek WMO and entered into the STORET database. 10. Encourage the development of a Comprehensive Watershed Management Plan for the Brown's Creek Watershed that models conditions in the Watershed at full development; identifies issues and problems for water and other natural resources in the Watershed based on this analysis; and identifies goals, strategies and responsibilities for addressing these issues and problems. Responsible parties: Washington County/Browns Creek WMO, Stillwater township, natural resource agencies Regulatory program: Minnesota Statutes 103B. Stillwater AUAR Mitigation Plan 5/6/97 9 Implementation time frame: Goal 2: Maintain or improve the quantity and quality of groundwater discharges to protect the baseflow of Brown's Creek. PROTECTION STRATEGIES: 1. Locate the new municipal well proposed for the Annexation Area outside the Area determined to affect groundwater flows to Brown's Creek. Responsible parties: City of Stillwater, Minnesota DNR Regulatory program: Minnesota DNR Water Appropriations Permit Program Implementation time frame: New well will be sited before development begins 2. Encourage abandonment of private wells in the Annexation Area. Well abandonment will be implemented in accordance with procedures of the Minnesota Department of Health. Responsible parties: City of Stillwater Regulatory program: City of Stillwater Implementation time frame: Will be implemented by the City as development occurs. 3. Promote a "no -net -loss" of groundwater recharge capabilities for the recharge area of aquifers discharging to Brown's Creek and its tributaries. Implement the strategies listed in Section 2.0, Goal I, Strategy #3, to decrease the proportion of impervious surface area, add buffer zones and retention basins, and use other strategies to increase rainfall infiltration in the Annexation Area to maintain groundwater flows to Brown's Creek. Responsible parties: City of Stillwater, Washington SWCD, Developers Regulatory program: City Subdivision Ordinance, Special Area Plans, Stormwater Management Ordinance, and Development Agreements Implementation time frame: Implement as developments are proposed. i i i i i i i i i i i i i i i Stillwater AUAR Mitigation Plan 5/6/97 10 4. Complete field surveys to identify shallow groundwater areas before utilities are constructed near Brown's Creek or its tributaries. Avoid construction of utilities in close proximity to the creek, its tributaries, and wetlands in the Annexation Area when feasible. Responsible parties: City of Stillwater, Washington SWCD Regulatory program: Best Management Practice Implementation time frame: Complete as part of feasibility study for utilities in the Annexation Area, to be completed by September, 1997. 5. When utility construction near streams and wetlands is necessary, require use of trench dams or other barriers, and backfilling of utility trenches with native material near Brown's Creek and its tributaries to prevent drainage of shallow groundwater in the area. Responsible parties: City of Stillwater Regulatory program: Best Management Practice Implementation time frame: Implement as utilities are constructed in the Annexation Area. 6. Encourage owners of the Oak Glen golf course to discontinue using ground water wells for irrigation, and explore the feasibility of replacing this source with water from the McKusick wetland. This may protect groundwater sources as well as increase the storage potential of McKusick Lake. Responsible parties: City of Stillwater to contact Oak Glen owners Regulatory program: Voluntary program Implementation time frame: Spring, 1997 7. Implement a groundwater monitoring program within the Annexation Area. Responsible parties: City of Stillwater, Washington County/Browns Creek WMO, Minnesota DNR Regulatory program: Voluntary program Implementation time frame: Implement as early as possible in 1997 i Stillwater AUAR Mitigation Plan 5/6/97 11 3.0 Natural Areas in the Annexation Area The majority of high -quality natural areas that may be affected by urban development in the Annexation Area are located within the Brown's Creek Ravine. The lower one mile of Brown's Creek in the N V2 Sections 20 and 21, T3ON, R2OW, is a biologically significant ravine/creek system, based on information collected by the Minnesota County Biological Survey. The Survey noted that less than 6 percent of the land area of Washington County remained in high quality natural communities in 1991. Three natural communities occur within this system —a high - quality maple -basswood forest, mixed hardwood swamp, and moderate quality bluff prairie. Breeding and foraging habitat of the Louisiana water thrush (Seiurus motacilla), a special concern species, is also documented in this area. While all of these rare feature elements occur outside the Annexation Area, potential impacts from stormwater discharges to Brown's Creek and other development -related impacts could affect the quality of natural communities and habitat areas in the Ravine. The Louisiana water thrush is particularly sensitive to increased flows from stormwater because the bird nests and feeds along the stream bank near the stream's normal water level. Increased flows may inundate nesting and/or critical feeding areas. Changes in surface and groundwater quality and quantity with increased development may also affect the viability and quality of hardwood seepage swamp communities. An additional natural community of concern is an oak forest located along the west shore of Long Lake, in the West lh of Section 31, T3ON, R 20W. This oak forest community was also identified by the Minnesota County Biological Survey in 1990. In 1995, this area was surveyed more intensively. This survey suggested that the highest quality forest remains in the eastern areas of the woodland near Long Lake, while western areas have been severely degraded by invasion of exotic species. Development of sewers, roads and residential subdivisions may affect the quality of this natural community. The City of Stillwater has proposed goals and strategies in this section to protect and restore natural communities in the Brown's Creek Ravine, while developing opportunities for passive recreation that are compatible with the long-term health of these communities. The section also includes goals for managing oak forest communities, and mitigating for losses that may occur with development of the Annexation Area. Goal 3: Maintain or restore the quality of Brown's Creek and the Ravine Area, including sustaining the health of the Louisiana water thrush habitat and trout habitat, and maintain or restore native plant communities. Stillwater AUAR Mitigation Plan 5/6/97 12 PROTECTION STRATEGIES: 1. Implement the stormwater diversion to McKusick Lake, Stormwater Management Plan, infiltration strategies, other BMP's, and monitoring strategies described under Goal #1, strategies 1-8, to maintain the current quality and quantity of stormwater flowing to the Ravine from the Annexation Area, to maintain the Louisiana water thrush habitat and hardwood seepage swamp communities. Responsible parties: City of Stillwater and others listed under Goal 1 Regulatory program: Listed under Goal 1 Implementation time frame: Identified for each strategy listed under Goal 1. 2. Implement Stillwater's Shoreland/Bluffland Management Ordinance and Restrictive Soils Ordinance to protect the Ravine, and encourage vegetated buffer strips with required 40' setbacks from the bluff line to protect the natural slopes in the Ravine. Responsible parties: City of Stillwater Regulatory program: Development and subdivision ordinances, Shoreland/Bluffland Management Ordinance (No. 784), Restictive Soils Ordinance (778) Implementation time frame: Ordinances are currently in effect. 3. Work with the Minnesota DNR's Natural Heritage Program and Fisheries Division to develop a restoration and management plan for the Brown's Creek Ravine, including Louisiana water thrush and trout habitat and native plant communities that are part of the Ravine complex. Adopt the plan as a part of the City's Parks and Open Space Plans. Responsible parties: City of Stillwater, Minnesota DNR Regulatory program: City Comprehensive Plan and Natural and Cultural Resource Protection Regulations Implementation time frame: Adopt management plan by Spring, 1998 Goal 4: Provide passive recreation opportunities that are compatible with the high quality natural resources in the Brown's Creek Ravine Area. PROTECTION STRATEGIES: 1. Implement Stillwater's Trails and Pathways Corridors Plan, including development of a pedestrian path on one side of Brown's Creek within the Ravine. Work with the Minnesota DNR Natural Heritage Program to locate and design the trail to avoid fragmentation, disturbance and degradation of the native plant communities and Louisiana water thrush habitat in the ravine. Work with the Minnesota DNR Division of Fisheries to design a trail that is compatible with trout fishing activities and Angler Easements in the corridor. Restrict Stillwater AUAR Mitigation Plan 5/6/97 13 foot traffic in the Ravine to the designated trail, to discourage erosion occurring on slopes near the Stone Bridge and elsewhere in the Ravine. Responsible parties: Stillwater Township, City of Stillwater, Minnesota DNR Regulatory program: Stillwater Comprehensive Plan, Minnesota Statutes 84.0895. Implementation time frame: Trail is mapped in current comprehensive plan. Final design and implementation will occur as resources are available and the area is developed. Goal 5: Implement Stillwater's Forest Protection Ordinance and encourage management, protection, and restoration of woodland resources in the Annexation Area to provide functions such as stormwater infiltration, wildlife habitat, and climatic amelioration. PROTECTION STRATEGIES: 1. Implement Stillwater's Forest Protection Ordinance in the Annexation Area, requiring protection or mitigation of forest resources affected by development activities. Add standard Oak Wilt Protection Provisions to this Ordinance. (These provisions should require that existing oak wilt be controlled before construction begins. Oak trees [including exposed roots in trenches] should not be cut, pruned or injured between April 15 and July 1 of each year. If injury occurs during these months, wounds must be treated with a tree wound dressing within 15 minutes or less to reduce infection potential. A vibratory plow should be used to sever roots along the edge of any construction area prior to beginning work. Tree protection zones should be fenced during construction to prevent all entry.) Responsible parties: City of Stillwater, with consultation from Minnesota DNR Division of Forestry as needed Regulatory program: Stillwater Forest Protection Ordinance (No. 769) Implementation time frame: Ordinance is currently in effect. Additional provisions to be applied immediately with any development on the Annexation Area, and adopted into ordinance during 1997. 2. Enforce Stillwater's Restrictive Soils Ordinance and Draft Shoreland Management Ordinance to protect Oak Woodland areas adjacent to Long Lake and on steep slopes within the proposed development area. Responsible parties: City of Stillwater Regulatory program: Restrictive Soils and Shoreland Management Ordinances Implementation time frame: Soils Ordinance is currently ineffect. Draft Shoreland Ordinance will be adopted by end of 1997. Stillwater AUAR Mitigation Plan 5/6/97 14 3. Require developers in the woodland area to complete Forest Management Plans that indicate areas where development will occur, and identify management strategies to protect the health and function of oak woodlands and mitigate for losses that occur due to development. The Minnesota DNR Forestry Division or certified private foresters may be consulted for assistance in developing management plans. Responsible parties: City of Stillwater, Developers Regulatory program: Forest Protection Ordinance Implementation time frame: Complete Forest Management Plans before development occurs 4. Encourage use of native or "naturalized" landscaping by homeowners in the Annexation Area, to provide greater stormwater infiltration and more diverse wildlife habitat, and replace some of the functions provided by the pre -development oak woodland. Encourage developers to use native plants and naturalized plantings around stormwater ponds in developed areas. Responsible parties: Homeowners, Developers Regulatory program: Voluntary program. Developers, Long Lake Homeowners Association, Trout Unlimited and others may provide information demonstrate ideas to residents in the Annexation Area. Implementation time frame: Ongoing Goal 6: Identify potential wildlife and recreation corridors, parks and open space areas, and adopt plans and development strategies for these areas. Include significant natural community areas in these corridors and open space areas, and use corridors to create connections between these areas. Protection strategies: 1. Implement goals and policies of the Stillwater Comprehensive Plan, Subdivision Ordinance No. 837, and provisions of Resolution 96-242; including goals to complete development of parks and trails plans for the city, and implementation of these plans through application of these ordinances as the Annexation Area is developed. This plan should identify remaining native plant communities, important habitat areas, other natural areas, and corridor linkages among these, and propose management plans for these areas, including trails and recreation areas where these are appropriate without compromising the quality of significant native communities and habitats. The City should work with the DNR Division of Wildlife and others as appropriate to design and implement an effective corridor system. Stillwater AUAR Mitigation Plan 5/6/97 15 Responsible parties: City of Stillwater Regulatory program: Stillwater Comprehensive Plan, Special Area Plans, Subdivision Ordinance, and Resolution 96-242, Development Agreements, Washington County Scenic Road Overlay District Ordinance and Comprehensive Plan. Implementation time frame: Ordinances are currently in effect. Parks and trails are identified and mapped in the Comprehensive Plan. Detailed design plans and implementation will occur with development of the Annexation Area. 2. Coordinate activities to identify natural areas, wildlife corridors and recreation corridors with greenway corridor planning at the Minnesota DNR, Land Stewardship Project, and Washington County. Responsible parties: City of Stillwater, Minnesota DNR, Land Stewardship Project, and Washington County Regulatory program: Voluntary coordination activities Implementation time frame: Corridor planning activities are ongoing 3. Map significant natural areas, woodland communities, corridor areas, etc. in the City's Geographic Information System. Use development reviews to provide information and direction to developers to use clustering, open space dedication, development design, and other methods to protect these areas. Responsible parties: City of Stillwater Regulatory program: City Comprehensive Plan, Special Area Plans, and Subdivision Ordinance Implementation time frame: As development occurs Stillwater AUAR Mitigation Plan 5/6/97 16 4.0 Long Lake, McKusick Lake, South Twin Lake, and St. Croix River These lakes are all located within, or receive direct drainage from, the annexation area. The DNR classifies South Twin and Long Lake as winter kill lakes, while McKusick Lake is classified as a waterfowl lake, and is too shallow to support game fish populations. South Twin Lake is located in the Silver Creek Watershed. Long Lake outlets to Brown's Creek, and is currently experiencing water quantity and quality problems related to runoff from its drainage area. Most of these problems are generated outside the Annexation Area. The outlet at the north end of the lake is governed by a DNR permit that restricts flow from May to September, to prevent the flow of warm water to Brown's Creek. However, the outlet currently flows year-round, in violation of the permit, to prevent flooding of homes near the lake. Analysis of impacts of development in the Annexation Area indicates that this development will have little noticeable impact on the water quality and quantity status of Long Lake. The City of Stillwater has proposed goals and strategies in this section to alleviate current flooding problems on Long Lake, while maintaining or improving the water quality of Long Lake, McKusick Lake and the St. Croix River as the Annexation Area develops. The section also proposes adoption of stormwater management strategies for the area draining to South Twin Lake. Goal 7: Prevent future flooding and protect or improve the water quality of Long Lake. PROTECTION STRATEGIES: 1. Replace the current outlet structure on Long Lake with a new structure that maintains a normal lake level of 890.0 feet, and diverts flows above this level through the current tributary channel to McKusick Lake. Responsible parties: City of Stillwater Regulatory program: DNR Waters Permit No. 76-6047 Implementation time frame: Preliminary study of outlet replacement and diversion completed during AUAR. Construction feasibility to be completed as the AUAR is completed (August, 1997). 2. Evaluate methods for improving water quality in Long Lake, including outlet improvements, removal of sediments collected at the south end of the Long Lake, planting native aquatic vegetation, and others. Use native vegetation when possible to aid in cleaning sediments and nutrients from lake water, and to improve fish and wildlife habitat. Consider remedial plans for developed areas draining to Long Lake to improve water quality, that address modifications to the current system. Stillwater A UAR Mitigation Plan 5/6/97 17 Responsible parties: City of Stillwater, Washington County/WMO Regulatory program: Browns Creek WMO Plan, Stillwater Subdivision and Environmental Ordinances, Special Area Plans and Voluntary Actions Implementation time frame: Ongoing 3. Work with neighboring jurisdictions upstream from Long Lake and the Annexation Area, to ensure that proper safeguard are implemented to protect the quality of Long Lake and other surface waters. Responsible parties: Washington County/Browns Creek WMO Regulatory program: Browns Creek WMO Plan Implementation time frame: Ongoing 4. Complete integrated water quality management plans for lakes in the Annexation Area. Responsible parties: Washington County/Browns Creek WMO Regulatory program: Voluntary program Implementation time frame: Implement when permanent management has been determined for WMO, or as resources for plans become available. 5. Consider establishment of adequate public access to Long Lake, as this make increase eligibility for funding sources to improve water quality. Responsible parties: City of Stillwater Regulatory program: Voluntary determination Implementation time frame: Consider in 1997 along with regulations for surface water use of Long Lake. Goal 8: Assure that solutions to Long Lake high water problems do not degrade the water quality of McKusick Lake, Brown's Creek or the St. Croix River. PROTECTION STRATEGIES: 1. Implement the diversion strategy from Long Lake to McKusick Lake described in 2.0, Goal 1, No. 1. Allow sediment from Long Lake and the Annexation Area to settle along the stream channel and in the wetlands north of McKusick Lake. Regulatory parties: City of Stillwater Regulatory program: DNR Outlet Permit, Wetland Conservation Act Implementation time frame: City will complete construction feasibility study by August, 1997, and implement the diversion based on results of the study. Stillwater AUAR Mitigation Plan 5/6/97 18 2. Require the use, management, and enforcement of Best Management Practices (BMP's) and wet stormwater detention basins to control erosion and sedimentation during and after construction of projects in the Annexation Area, to prevent sedimentation to Brown's Creek, the St. Croix River, and other resources. Responsible parties: City of Stillwater, MPCA Regulatory program: Stormwater Management Ordinance, NPDES Permit Program, Development Agreements Implementation time frame: Immediate 3. Implement City water surface use policies to minimize recreational impacts to water quality and habitat in the Long Lake area. Responsible parties: City of Stillwater, Recreationists Regulatory program: Shoreland Management Ordinance, Planning Commission and Parks Board Policies Implementation time frame: Policies for surface water use on Long Lake are currently being considered by Stillwater's Planning Commission and Parks Board. Recommendations will be completed by June, 1997. 4. Encourage lakeshore residents to maintain or restore a buffer of native vegetation to reduce erosion and provide wildlife habitat. Responsible parties: City of Stillwater, Lakeshore landowners Regulatory program: Draft Shoreland Management Ordinance (Feb., 1997) and voluntary actions of current landowners Implementation time frame: May be implemented immediately 5. Consider a City ordinance limiting the use of lawn fertilizers containing phosphorus, and educate residents about yard care practices to protect surface water quality. Responsible parties: City of Stillwater, Long Lake Homeowners Association Regulatory program: Voluntary program Implementation time frame: Ongoing Stillwater A UAR Mitigation Plan 5/6/97 19 Goal 9: Protect the water quality of South Twin Lake. PROTECTION STRATEGIES: 1. Implement the Stormwater Management Study for the Annexation Area developed as a part of the AUAR, including recommendations for the area north of the Minnesota Zephyr railroad tracks that drains to South Twin Lake. This study sets forth recommendations for the design and performance of stormwater detention basins to reduce peak flows and protect water quality in South Twin Lake. Responsible parties: City of Stillwater Regulatory program: City Stormwater Management Ordinance, Minn. Statutes 103B.235 and Minn. Rules 8410 Implementation time frame: 2. Require developers in the Annexation Area that flows to South Twin Lake to infiltrate and detain stormwater runoff using the methods described in Section 2.0, Goal 1, Strategy 3. Responsible parties: City of Stillwater, Washington County/Browns Creek WMO, Developers Regulatory program: Stillwater Comprehensive Plan, Stormwater Management Ordinance, Special Area Plans, and Development Agreements Implementation time frame: As development is proposed 3. Adopt the City's proposed Shoreland Management Ordinance, including provisions for vegetative buffers, fertilizer and lawn care management, and other provisions that protect lake water quality. Responsible parties: City of Stillwater Regulatory program: Shoreland Management Ordinance (Draft 2/3/97) Implementation time frame: Adopt Shoreland Management Ordinance by December, 1997 Stillwater AUAR Mitigation Plan 5/6/97 20 5.0 Infrastructure Goal 10: Complete development of infrastructure for the Annexation Area (including sanitary sewer, water supply, and street systems) that is efficient, economical, and minimizes or mitigates impacts to the environment. PROTECTION STRATEGIES: 1. Complete the feasibility study for sanitary sewer service to be constructed in the Annexation Area. Identify alternatives that avoid and/or mitigate for impacts to groundwater, wetlands, native plant communities, and surface water resources. Responsible parties: City of Stillwater, Minnesota Pollution Control Agency, Minnesota DNR Regulatory program: Wetland Conservation Act, Implementation time frame: Feasibility study to be completed by September, 1997. 2. Complete field survey to identify shallow groundwater areas and implement Strategies to avoid these areas or prevent drainage of groundwater near Brown's Creek and its tributaries, as specified in Goal 2, Strategies 5 &6. Responsible parties: City of Stillwater Regulatory program: Voluntary program Implementation time frame: Implement as feasibility study and construction of utilities are completed in the Annexation Area. 3. Encourage development of streets and roadways to minimize impervious surfaces and route stormwater flows to pervious areas and detention basins, minimize stormwater runoff to wetlands, creeks and lakes, and provide for recreation and natural corridors that connect resources and open spaces in the Annexation Area. Responsible parties: City of Stillwater, Washington County, Minnesota Department of Transportation Regulatory program: City Comprehensive Plan, Special Area Plans, Park and Trailway Plans, Washington County Scenic Road Overlay District Ordinance and Comprehensive Plan Implementation time frame: Implement as streets and roads are designed and constructed. Stillwater AUAR Mitigation Plan 5/6/97 21 6.0 Wetlands Wetlands in the annexation area are significant for local hydrology and wildlife habitat. The National Wetlands Inventory identified 82 wetlands (approximately 287 acres) in the study area. Wetlands in the Jackson Wildlife Management Area (WMA) north of Long Lake, and north of McKusick Lake, will be impacted by stormwater management strategies suggested in this AUAR. Existing, restored or created wetlands may offer opportunities to mitigate the impacts of urbanization in the Annexation Area, but their function and quality may also be compromised by development activities. Construction of infrastructure proposed for the Annexation Area may also impact wetland resources. The City of Stillwater administers the Wetland Conservation Act, and is required by law to regulate wetlands in the City. The City will require strict adherence to the rules of the Wetland Conservation Act, and require that a sequencing process be followed during the design and construction of all projects. This process requires that wetland impacts be avoided if possible, and that unavoidable impacts be compensated through replacement with wetlands that provide equal functions and values. The City has also proposed completion of a Comprehensive Wetland Management Plan, including a functions and values assessment of wetlands in the community, and development of policies and management strategies to better manage wetlands based on the functions they perform and value to the community. Goal 11: Promote a policy of "no -net -loss" of wetland functions and values in the Annexation Area by avoiding and minimizing wetland impacts when feasible, and mitigating for unavoidable impacts. Wetland management should be integrated with local water planning, be based on an assessment of functions and values of wetlands in the area, and prioritized based on wetland quality. PROTECTION STRATEGIES: 1. Implement existing wetland protection regulations contained in City ordinances, Watershed Plans, and State and Federal rules. Responsible parties: City of Stillwater, Washington SWCD, U.S. Army Corps of Engineers, Minnesota DNR, MPCA, U.S. EPA Regulatory program: Stillwater Subdivision Code, Bluffland/Shorel and, Floodplain, Shoreland Management, and Wetland Conservation Ordinances, Wetland Conservation Act, Sections 401 and 404 of the Clean Water Act, Minnesota DNR Protected Waters Program Implementation time frame: Ordinances and regulations are currently in effect Stillwater AUAR Mitigation Plan 5/6/97 22 2. Complete a Comprehensive Wetland Management Plan for the Annexation Area and the City of Stillwater that meets the requirements of the Board of Water and Soil Resources (BWSR) for such plans, including completion of a functions and values assessment for all wetlands in the community, development of a wetlands classification system, policies, and management recommendations based on this assessment. Responsible parties: City of Stillwater Regulatory program: Minn. Statutes 103G.2242 Implementation time frame: The City will apply for BWSR grant to complete a Comprehensive Wetlands Management Plan in 1998. 3. Wetland mitigation or replacement that results from development activity in the Annexation Area should be implemented within the Brown's Creek Watershed (avoid use of Mitigation Banks outside the Watershed). Responsible parties: City of Stillwater, Washington County/Browns Creek WMO Regulatory program: Wetland Mitigation Act Implementation time frame: As development occurs Goal 12: Protect and maintain the quality of surface water flows to wetlands. PROTECTION STRATEGIES: 1. Require the use, management, and enforcement of Best Management Practices (BMP's) and wet stormwater detention basins to control erosion and sedimentation by providing pretreatment of water discharged to wetlands during and after construction. Responsible parties: City of Stillwater, Washington SWCD, MPCA Regulatory program: Stillwater Stormwater Management Ordinance, NPDES Stormwater Management Program Implementation time frame: Ordinance is currently in effect 2. Promote the maintenance of natural buffer zones of at least 50 feet in width along the boundary of wetlands to protect water quality and wildlife habitat as an interim measure until a Comprehensive Wetland Management Plan for the City is completed. Develop and adopt permanent buffer zone recommendations as a part of the Comprehensive Wetland Management Plan. Responsible parties: City of Stillwater Regulatory program: Stillwater Subdivision and Shoreland Ordinance Implementation time frame: Existing ordinance Stillwater A UAR Mitigation Plan 5/6/97 23 7.0 Historical and Archaeological Resources Cultural resources inventory information provided by the Minnesota Historical Society indicated the presence of areas of high and moderate archaeological potential in the Annexation Area. These areas include the Stone Bridge site on Brown's Creek. The City of Stillwater will work with developers to identify historical, archaeological, and architectural resources in areas with high and moderate archaeological potential, and to preserve these resources to the extent practicable. Goal 13: Identify and preserve historical and archaeological resources in the Annexation Area. PROTECTION STRATEGIES: 1. Stormwater management strategies described in Section 1.0 Browns Creek and its Tributaries will aid in protecting the Stone Bridge from additional stormwater runoff generated by new development that could degrade the bridge or affect its structure. These strategies include diversion of runoff from most storm events away from Brown's Creek, and reduction of storm flows in other events through ponding and infiltration in upstream areas. Responsible parties: City of Stillwater and others as listed in Section 1.0 Regulatory program: Listed in Section 1.0 Implementation time frame: Described in Section 1.0 2. Require developers or the City of Stillwater to conduct Phase I archaeological surveys in areas that will be disturbed in the development process, and that have high or moderate archaeological potential, as identified by the Minnesota Historical Society. • Responsible parties: Developers, City of Stillwater, and State Historic Preservation Office Regulatory program: Minnesota Environmental Policy Act; Stillwater Subdivision Ordinances and Comprehensive Plan, SHPO Regulations Implementation time frame: Before development in areas identified. Stillwater AUAR Mitigation Plan 5/6/97 24 8.0 Other Development Related Issues Urban development in the Annexation Area will impact a variety of other concerns, such as traffic, noise, and air quality. The City of Stillwater will seek to minimize impacts in these areas as appropriate to protect the health, welfare and safety of the public. Goal 14: Manage Automobile Traffic to Safely Accommodate Development Planned for the Annexation Area PROTECTION STRATEGIES: 1. Design and construct local roads to mitigate traffic impacts while meeting natural resource protection goals and strategies included in this Plan. Responsible parties: City of Stillwater, Washington County, Minnesota DOT Regulatory program: Regulatory and construction programs of these agencies Implementation time frame: Review and design projects as development occurs in the Annexation Area. 2. Implement Washington County's Scenic Road Overlay District and Linear Park System Plan, and Stillwater's Parks and Trails Plans as roads are developed in the Annexation Area. Responsible parties: Washington County, City of Stillwater Regulatory program: Washington County Comprehensive Plan and City of Stillwater Comprehensive Plan Implementation time frame: Implement as development occurs in the Annexation Area Goal 15: Maintain Air Quality in the Annexation Area as Development Occurs PROTECTION STRATEGIES: 1. Enforce State Air Quality Standards to regulate air emissions in the Annexation Area. Responsible parties: Minnesota Pollution Control Agency Regulatory program: Indirect Source Permit Program Implementation time frame: Regulations are currently in effect Stillwater AUAR Mitigation Plan 5/6/97 25 2. Implement Best Management Practices to minimize dust during and after construction of developments and infrastructure in the Annexation Area. Responsible parties: City of Stillwater, Washington County, Minnesota DOT Regulatory program: Stillwater Subdivision Code and Contractor Oversight Implementation time frame: Regulations are currently in effect Goal 16: Minimize Noise Generated by Construction and Traffic in the Annexation Area PROTECTION STRATEGIES: 1. Regulate hours when construction may occur to control construction noise. Responsible parties: City of Stillwater Regulatory program: City Ordinance Implementation time frame: Ordinance is currently in effect 2. Construct noise berms where needed to control noise associated with road construction and traffic. Responsible parties: City of Stillwater, Washington County, Minnesota DOT Regulatory program: Part of road design and construction activities Implementation time frame: Ongoing 3. Locate less noise -sensitive land uses adjacent to major roads. Responsible parties: City of Stillwater Regulatory program: City Comprehensive Plan Implementation time frame: Plan is currently in effect Stillwater AUAR Mitigation Plan 5/6/97 26 ADOPTED ENVIRONMENTAL PROTECTION PLANS AND REGULATIONS The City of Stillwater has a variety of plans, ordinances, and regulations in place that address environmental issues in the Annexation Area. These mechanisms will be enforced and amended as indicated in the Mitigation Plan to provide a comprehensive framework and set of tools to protect the natural resources of the Annexation Area as development occurs: City of Stillwater Comprehensive Plan (1995) Stillwater Subdivision Code (1997) Special Area Plans (Chapter 13. Comprehensive Plan — 1995) Grading Permits Ordinance (1988) Stormwater Management Ordinance #776 (1993) Restrictive Soils Ordinance #778 (1993) Floodway Ordinance #747 (1993) Forest Protection Ordinance #769 (1993) Current Shoreland Management Ordinance #784 Draft Shoreland Management Ordinance (1997) Subdivision Ordinance #837 Park and Trailway Resolution 96-242 Stormwater Utility Wetland Conservation Act Development Process — Enforcement of Regulations and Best Management Practices I heater. THE BIRTHPLACE OF MINNESOTA NOTICE OF MEETING The Stillwater City/Town Joint Board will meet at May 28, 1997, 7 p.m., at City Hall 2nd Floor Meeting Room, 216 North Fourth Street. Items to be discussed are listed below: 1. AUAR for City Expansion Area. 2. Parks in Boutwell Road Area. 3. Other items. If you have questions regarding this meeting, contact Steve Russell, Community Development Director at 430-8820. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121