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HomeMy WebLinkAbout2024-08-05 I01G_12 Little Walnut Creek Headwaters Wetland_Raccoon Valley Mitigation Bank PA. AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 5, 2024 AGENDA ITEM:Consideration of approval of a resolution approving Purchase Agreement with Raccoon Valley Mitigation Bank [Little Walnut Creek Regional Stormwater Wetland] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Raccoon Valley Mitigation Bank offers wetland mitigation credits to a primary service area for the Upper Des Moines River Basin. The City of Waukee is required to purchase mitigation credits for 1.51 acres of emergent wetlands to satisfy unavoidable impacts as part of the Little Walnut Creek Regional Stormwater Wetland project. The mitigation impacts are described in Section 404 of the permit received from the U.S. Army Corps. of Engineers. Upon the signing of the Purchase Agreement and the payment of $98,150.00 for the purchase of the required 1.51 emergent wetland credits to Raccoon Valley Acres, Raccoon Valley Acres will debit 1.51 emergent wetland credits from the Raccoon Valley Mitigation Bank’s credit ledger to the City’s project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $98,150.00. This mitigation cost is included in the total project budget ($2.52M) for the Little Walnut Creek Regional Stormwater Wetland project shown in the approved FY 2025-2029 CIP. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution and Agreement. ATTACHMENTS: I. Resolution II. Purchase Agreement with Raccoon Valley Mitigation Bank PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1G12 THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVING PURCHASE AGREEMENT BETWEEN RACCOON VALLEY MITIGATION BANK AND THE CITY OF WAUKEE [LITTLE WALNUT CREEK REGIONAL STORMWATER WETLAND] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City has been in discussions with specific property owners regarding the conveyance of certain property interests necessary for mitigation credits for Little Walnut Creek Regional Stormwater Wetland; AND WHEREAS, Waukee is required to purchase mitigation credits for 1.51 acres of emergent wetlands to satisfy unavoidable impacts as part of the Little Walnut Creek Regional Stormwater Wetland project; AND, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the Purchase Agreement between Raccoon Valley Mitigation Bank and City of Waukee [Little Walnut Creek Regional Stormwater Wetland] are hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved on the 5th day of August, 2024. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair Raccoon Valley Mitigation Bank 222 West Pleasant Ridge Road Carroll, Iowa 51401 PURCHASE AGREEMENT July 25, 2024 Courtney Clarke City of Waukee 230 W. Hickman Road Waukee, Iowa 50263 Re: CEMVR-RD-2023-1094 Raccoon Valley Acres, owns and operates the Raccoon Valley Mitigation Bank legally described as shown in Exhibit A. The Raccoon Valley Mitigation Bank is operating in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks; Notice published in the Tuesday, November 28, 1995 Federal Register, Volume 60, No. 228. The Raccoon Valley Mitigation Bank offers wetland credits to a primary service area for the Upper Des Moines River Basin as defined within the Iowa Mitigation Banking document (Last revised: July 2019). As of the date of this agreement, Raccoon Valley Mitigation Bank is compliant with the performance criteria detailed in the banking instrument. This includes: •The required Conservation Easement, (Racoon Valley Acres, Grantor; Shelby County Conservation Board, Grantee) is filed with the Sac County Recorder. •The required long-term maintenance account has been created. •Construction will begin in Fall 2024. •Credits are within sufficient quantities and qualities for debit to meet the permit requirements for the City of Waukee. It is our understanding City of Waukee will require 1.51 emergent wetland credits to satisfy unavoidable impacts described in the above-referenced Section 404 Application. Upon the USACE permit approval and the signing of the Purchase Agreement and the payment of $98,150.00 for the purchase of the require 1.51 emergent wetland credits to Raccoon Valley Acres, Raccoon Valley Acres will debit 1.51 emergent wetland credits from the Raccoon Valley Mitigation Bank's credit ledger to the appropriate project. General Provisions: PRICE: The Purchase Price $98,150.00 for 1.51 emergent wetland credits is payable to Raccoon Valley Acres upon approval of permit CEMVR-RD-202 3-1094. TIME FOR ACCEPTANCE: This Agreement shall become a binding contract. If payment in full is not received by August 9, 2024, this Purchase Agreement shall become Null and Void. Immediately upon receiving payment and two signed originals, Raccoon Valley Acres will execute the documents, return a signed electronic copy to you, and provide proof of payment to: Abigail Steele Regulatory Project Manager Rock Island District Corps of Engineers Clock Tower Building -PO Box 2004 Rock Island, IL 51204-2004 Credits are not reserved until this document is fully executed and returned. Date: July 25, 2024 Raccoon Valley Mitigation Bank 222 West Pleasant Ridge Road Carroll, Iowa 51401 For Raccoon Valley Acres: JJ£/h Danny Sturm Date: _________ _ Courtney Clarke City of Waukee 230 W. Hickman Road Waukee, Iowa 50263 For City of Waukee: Courtney Clarke ©2 0 2 0 F o t h I n f r a s t r u c t u r e & E n v i r o n m e n t , L L C MITIGATION BANK CONCEPTRACCOON VALLEY ACRES PROJECT ID. #:22R013.00 DATE: PREPARED BY: CHECKED BY: 3/6/2024 HIM MJH EXHIBIT A Do c u m e n t P a t h : Q : \ R a c c o o n V a l l e y A c r e s \ 2 2 R 0 1 3 . 0 0 \ G I S \ m x d \ M B I \ f i n a l \ A p p e n d i x A \ 2 2 R 0 1 3 F i g u r e 1 M i t i g a t i o n C o n c e p t . m x d Do c u m e n t N a m e : 2 2 R 0 1 3 F i g u r e 1 M i t i g a t i o n C o n c e p t 0 150 30075 FEET IMAGERY COURTESY OF THE IOWA STATE UNIVERSITY GIS FACILITY - http://ortho.gis.iastate.edu/ SSURGO MAPPING COURTESY OF USDA-NRCS WEB SOIL SURVEY - http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm MITIGATION BANKNEAR 2734 SIERRA AVENUESAC CITY, IOWA LEGEND Berm Restored Emergent Wetlands (24.874 acres) Enhanced Emergent Wetlands (0.781 acres) Emergent Wetland Buffer (42.019 acres) Restored Forested Wetlands (3.267 acres) Forested Wetland Buffer (6.632 acres) Project Boundary (77.57 acres) BASIN 1 BASIN 2 BASIN 3