Public Notice ISSUED: November 7, 2018 EXPIRES: December 7, 2018

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1 SPONSOR: Jason Hoelz Public Notice ISSUED: November 7, 2018 EXPIRES: December 7, 2018 REFER TO: MHK SECTION: Clean Water Act 1. WETLAND COMPENSATORY MITIGATION BANK PROPOSAL 2. SPECIFIC INFORMATION SPONSOR S ADDRESS: SPONSOR S AGENT Jason Hoelz W292 N983 Churchview Drive Waukesha, Wisconsin Short Elliott Hendrickson Inc. Heidi Kennedy Delafield, Wisconsin PROJECT LOCATION: The project site is located in Section 24, Township 7 North, Range 18 East,, Wisconsin. The approximate coordinates are UTM Zone 16 N , E and Latitude , Longitude BANK SERVICE AREA: The proposed bank service area is the Upper Illinois basin in Wisconsin. DESCRIPTION OF PROJECT: The sponsor is proposing to develop the Snail Lake Wetland Bank. The proposed bank site is approximately acres in size, including upland buffer areas. The bank site is shown on the enclosed drawings labeled MVP MHK s 1 through 7. NEED AND OBJECTIVE OF PROJECT: The bank site is located in the Upper Illinois basin which is described as having intensive agricultural, commercial, and residential development pressures. The overall goal of the bank is to restore and enhance Zion Creek which runs through the property and several wetland communities. Specifically, the sponsor proposes to restore acres of sedge meadow, 8.29 acres of shrub-carr, 6.94 acres of conifer swamp, 4.54 acres of hardwood swamp, and 0.51 acre of fen while also enhancing 4.55 acres of sedge meadow, 0.05 acre of shrub-carr 1.84 acres of conifer swamp, 0.01 acre of hardwood swamp, and 0.03 acre of fen. Activities to restore and enhance the stream could result in 4,130 linear feet of stream restoration, and 6,248 linear feet of stream enhancement, acres of stream buffer, 1.19 acres of open water, and 30.6 acres of stream buffer. According to the bank sponsor, the site would improve aquatic and wildlife habitat, water quality, stormwater attenuation, and flood control in Zion Creek. Zion Creek is on the state s 303(d) impaired water list for low dissolved oxygen, elevated water temperatures and degraded habitat caused by total suspended solids and total phosphorous. ESTABLISHMENT, OPERATION AND MANAGEMENT: There are 10.9 acres of wetlands at the site and 5 open water ponds. The sponsor proposes to restore hydrology by removing drain tile and water control structures and filling existing online ponds. Native plant communities would be restored and enhanced with native wetland seeding and planting, and managing invasive species. Zion Creek would be re-meandered, banks stabilized, and a 100-foot native riparian buffer would be established.

2 Regulatory Branch (File No MHK) The sponsor has proposed the following credit actions which are summarized in the table below: OWNERSHIP AND LONG-TERM MANAGEMENT: The bank sponsor is the existing owner and would own the credits established by the project. The bank sponsor would assume responsibilities associated with the construction of the site and long-term management activities. Additional protections and management limitations would be spelled out in both a conservation easement and in an approved bank plan. TECHNICAL FEASIBILITY AND QUALIFICATIONS: Short Elliott Hendrickson Inc. (SEH) is acting as the sponsor s agent to complete the proposed wetland bank plan. SEH staff includes individuals identified as scientists, civil engineers, and water resources engineers. A SEH wetland scientist completed the wetland delineation and has experience with developing compensatory wetland mitigation plans and conducting floristic habitat assessments. Engineers on staff have experience with hydraulic modeling and stormwater analysis and design. ECOLOGICAL SUITABILITY: The bank site was historically farmed. Historic documents and maps were evaluated which indicated that Zion Creek and wetlands existed pre-settlement. Turf grasses that are currently managed at the golf course are not likely to persist when golf course operations are ceased and hydrology restored. In addition to the change in hydrology, a controlled burn or herbicide application with wetland seeding and planting is expected to result in diverse native plant communities. HYDROLOGY: The bank sponsor currently owns the site. No flooding and drainage easements on adjacent properties have been identified. CURRENT LAND USES: The bank site has been a golf course since The site contains 10.9 acres of wetland (5.64 acres of floodplain forest, 0.53 acre of hardwood swamp, 0.28 acre of sedge meadow, and 4.45 acres of shallow marsh) and 5 ponds, Zion Creek and ditches that were excavated for improved drainage. There are no FEMA-mapped floodplain boundaries but an approximate floodplain boundary was mapped by another consultant which indicates a floodplain exists throughout the majority of the site. Surrounding land use is comprised of residential development, Interstate Highway 94 to the south, and Pewaukee Lake to the north. COORDINATION WITH RESOURCE AGENCIES: This project has been coordinated with the following members of the Interagency Review Team (IRT) and other resource agencies: Environmental Protection Agency and Wisconsin Department of Natural Resources. Page 2 of 4

3 Regulatory Branch (File No MHK) 3. FEDERALLY-LISTED THREATENED OR ENDANGERED WILDLIFE OR PLANTS OR THEIR CRITICAL HABITAT None were identified by the bank sponsor or are known to exist in the action area. However, is within the known historic range for the following threatened (T) and endangered (E) Federally-listed species: Northern long-eared bat (T) Poweshiek skipperling (E) Eastern prairie-fringed orchid (T) Hibernates in caves and mines swarming in surrounding wooded areas in autumn. Roosts and forages in upland forests during spring and summer. Lives in high quality tallgrass prairie in both upland and low, moist areas. The project does not occur in critical habitat. Occurs in a wide variety of habitats from wet to mesic prairie and wetland communities including sedge meadow, fen, and marshes. Requires full sun for optimal growth. This notice is being coordinated with the U.S. Fish and Wildlife Service. Any comments it may have concerning Federally-listed threatened or endangered wildlife or plants or their critical habitat will be considered in our final assessment of the described work. 4. JURISDICTION This proposal is being reviewed in accordance with the practices for documenting Corps jurisdiction under Sections 9 & 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act identified in Regulatory Guidance Letter HISTORICAL/ARCHAEOLOGICAL The Corps will review information on known cultural resources and/or historic properties within and adjacent to the project area. The Corps will also consider the potential effects of the project on any properties that have yet to be identified. The results of this review and the Corps determination of effect will be coordinated with the State Historic Preservation Officer independent of this public notice. Any adverse effects on historic properties will be resolved prior to the Corps authorization of the work in connection with this project. 6. PUBLIC HEARING REQUESTS Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, in detail, the reasons for holding a public hearing. A request may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served. 7. REPLIES/COMMENTS Interested parties are invited to submit to this office written facts, arguments, or objections within 30 days of the date of this notice. These statements should bear upon the suitability of the location and the adequacy of the project and should, if appropriate, suggest any changes believed to be desirable. Comments received may be forwarded to the applicant. A copy of the full prospectus submitted by the Sponsor is available to the public for review upon request. Page 3 of 4

4 Regulatory Branch (File No MHK) Replies may be addressed to: Regulatory Branch St. Paul District Corps of Engineers 250 N. Sunnyslope Road, Suite 296 Brookfield, Wisconsin Or, IF YOU HAVE QUESTIONS ABOUT THE PROJECT, call Marie Kopka at the Brookfield office of the Corps, telephone number (651) To receive Public Notices by , go to: and add your information in the New Registration Box. Enclosure(s) Page 4 of 4

5 MVP MHK 1 1 Bank Service Areas - - Primary Service Area Project Location

6 MVP MHK 2 LEGEND CULVERTS RW BOUNDARY PROPERTY LINES PROJECT BOUNDARY WETLAND BOUNDARY WATERBODIES Feet OAKTON RD CULVERT GOLF RD N DAM DITCH W/ BASE DITCH W/ BASE CONTROL STRUCTURE BOARDS IN FRONT OF CULVERT GOLF VIEW DR ELMHURST RD GOLF RD S CULVERT W/ END SEC ABOVE STREAM BOTTOM MINOR BASE SPRING Path: Z:\GIS Projects\Erica Pergande\Western Lakes\MXD\ 12 - Stream Hydrology.mxd CULVERT INVERT CONTROLS POND MINOR BASE SILVERNAIL RD Print Date: 9/17/2018 SNAIL LAKE MITIGATION BANK - STREAM HYDROLOGY TOWN OF DELAFIELD, WI 12

7 MVP MHK 3 LEGEND PROJECT BOUNDARY RW BOUNDARY PRPOERTY LINES EXISTING DRAIN TILE Feet OAKTON RD GOLF RD N GOLF RD S GOLF VIEW DR Path: Z:\GIS Projects\Erica Pergande\Western Lakes\MXD\ 3 - Drain Tile.mxd ELMHURST RD SILVERNAIL RD Print Date: 8/29/2018 SNAIL LAKE MITIGATION BANK - DRAIN TILE EXHIBIT TOWN OF DELAFIELD, WI 3

8 MVP MHK 4 Legend Project Location Water Features 5' Elevation Contours 1' Elevation Contours Feet Path: Z:\GIS Projects\Erica Pergande\Western Lakes\MXD\ 8 - Topography.mxd Print Date: 9/17/2018 Snail Lake Mitigation Bank - Topographic Map City of Delafield,, Wisconsin 8

9 MVP MHK 5 Legend Soils Project Location Hydric Category WI Hydric WI Predominantly Hydric WI Nonhydric ,000 Feet Path: Z:\GIS Projects\Erica Pergande\Western Lakes\MXD\ 9 - NRCS Soils.mxd Map Unit Symbol Map Unit Name Hydric Percent of Map Unit Hydric Category BsA Brookston silt loam, 0 to 2 percent slopes 95 WI Predominantly Hydric HmB Hochheim loam, 2 to 6 percent slopes 0WI Nonhydric HmC2 Hochheim loam, 6 to 12 percent slopes, eroded 0WI Nonhydric HtA Houghton muck, 0 to 2 percent slopes 100 WI Hydric KlA Kendall silt loam, 1 to 3 percent slopes 0WI Nonhydric KwB Knowles silt loam, 2 to 6 percent slopes 0WI Nonhydric Pa Palms muck, 0 to 2 percent slopes 100 WI Hydric RkB Ritchey silt loam, 1 to 6 percent slopes 0WI Nonhydric RkE Ritchey silt loam, 12 to 30 percent slopes 0WI Nonhydric W Water 0WI Nonhydric Print Date: 8/20/2018 NRCS Soils City of Delafield,, Wisconsin 9

10 MVP MHK 6 LEGEND EXISTING WETLAND EXISTING STREAM PROPOSED STREAM PROJECT BOUNDARY STREAM BUFFER 100' MITIGATION BUFFER STREAM ENHANCEMENT OAKTON RD STREAM RESTORATION WETLAND ENHANCEMENT WETLAND RESTORATION CULVERT TO REMAIN GOLF RD N CULVERT TO BE REMOVED Feet GOLF RD S GOLF VIEW DR Path: \\sehmadison\gis\gis Projects\Erica Pergande\Western Lakes\MXD\ 13 - Wetland Mitigation.mxd ELMHURST RD SILVERNAIL RD Print Date: 8/28/2018 SNAIL LAKE MITIGATION BANK - PROPOSED WETLAND MITIGATION TOWN OF DELAFIELD, WI 13

11 OAKTON RD GOLF VIEW DR 925 SILVERNAIL RD GOLF RD N GOLF RD S ELMHURST RD LEGEND PROJECT BOUNDARY EXISTING STREAM PROPOSED STREAM SEDGE MEADOW FEN SHRUB CARR CONIFER SWAMP HARDWOOD SWAMP OPEN WATER STREAM BUFFER 100' MITIGATION BUFFER Feet Print Date: 8/16/2018 MVP MHK 7 SNAIL LAKE MITIGATION BANK - PROPOSED WETLAND COMMUNITIES TOWN OF DELAFIELD, WI 14 Path: Z:\GIS Projects\Erica Pergande\Western Lakes\MXD\Proposed Wetland_updated.mxd