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OCT-06-1999 08:23 CITY OF BLOOMINGTON LARKIN, HOFFMAN, DALY & LINDGREN, LID. 6129488949 P.04/07 Mr. Clark Arneson, Manager November 5, 1997 Page 17 successful by the WCA technical evaluation panel on October 22, 1997. A delineation report and banking deposit fonn for the restored wetland are being prepared and bank credits win be deposited into the state wetland bank in November 1997. Formal transfer of wetland banking credits from the current owner to the Applicant will occur before the on-site wetland is impacted by Phase IV. The MinRAM: Analysis in the Peterson WCA Report demonstrates that wetland replacement at the proposed wetland bank site will maximize important wetland functions and public values consistent with the purposes and goals of the WCA. Upon completion of the restoration work, the wetland on the bank site is projected to have medium to high functions and values, whereas the impacted Wetland on the Phase IV Site currently has low functions and values. Wetland functions compatible with urban development, including flood storage, sediment and nutrient re~oval. groundwater augmentation, and low flow augmentation, will be replaced on the Phase IV Site through development of the two-pond stormwater management system. As described in the Peterson WCA Report, the Lower Pond is eligible for public value credit under the WCA rules, although the Applicant will be purchasing wetland banking credits to compensate for the total amount of wetland impact at the applicable 2:1 ratio without deducting for the eligible on-site public value credits. Floral diversity and wildlife habitat functions -will be replaced off~site at the a.pproved wetland bank site. Upon completion of Phase IV on the Phase IV Site and fonnal approval of the wetland restoration work at the wetland bank site, the proposed project will result in a substantial net gain in wetland functions and values. x. APPLICANT'S REQUEST FOR A DETERL\1INATION BY THE CITY AS RESPONSIBLE GOVERNMENTAL UNIT THAT THE PROPOSED PHASE IV DEVELOPMENT DOES NOT REQUIRE A NEW EA W As described in Section LB. of this letter-memorandum, in 1982, the City issued a negative declaration for the Normandale Lake EA W. The Normandale Lake EA W assessed the environmental impacts of the originally proposed PUD Preliminary Development Plan for the entire 32-acre property. The EA W assumed a 12-story, 275 to 300-room hotel with a multi-level parking structure on the Phase IV Site. The Phase IV Site is currently undeveloped, and a PUD Final Development Plan was never approved for the originally proposed hotel. This application requests City approval of a modification to the approved planned development to allow a change of land use from hotel to office on the Phase IV Site. Under EQB Rules, the City continues to be the responsible governmental unit ("RGU'') for enviromnental review of industrial, commercial and institutional facilities. Minn. Rules, Pt. 4410.1000, subp. 5 establishes the standard for RGUs to use in determining whether a change in a proposed project requires a new EA W. It states: If after' a negative declaration has been issued but before the proposed project has received all approvals or been implemented., the RGU determines that a substantial change has been made in the proposed project ...", ("',~; !j ~~~~ iJ. Q"7