01-0529R
 
REPLACEMENT 2
RESOLUTION GRANTING A WORK PERMIT TO SPIRIT RIDGE LLC FOR CONSTRUCTION OF NINE HOLES OF AN 18 HOLE GOLF COURSE AND A LODGE ON THE SPIRIT MOUNTAIN RECREATION AREA.

BY COUNCILOR STENBERG:

        WHEREAS, Chapter 327, Minnesota Laws, 1973, created the Spirit Mountain recreation area authority and gave that body certain powers with respect to developing that area for recreational purposes; and

        WHEREAS, said Chapter 327 requires that the Duluth City Council approve a work permit for construction on area property prior to any development; and

        WHEREAS, said Chapter 327 requires that the city planning commission and parks and recreation advisory board, or each, hold a public hearing and have the right to make a recommendation to the city council prior to such approval; and

        WHEREAS, on July 10, 2001 the planning commission, and subsequently, on July 11, 2001, the parks and recreation commission, held a public meeting, received input, discussed said project, and made a recommendation to the city council that work permits should be issued.

        NOW, THEREFORE, BE IT RESOLVED, that the Duluth City Council approves the work permit for Spirit Ridge, LLC, to construct nine holes of an 18 hole golf course and a lodge on the Spirit Mountain recreation area within the city of Duluth as indicated on the plans on file as city council Public Document No. __________, subject to the following conditions:
        (a)     All lease agreements be accepted by the Minnesota department of natural resources and United States park service as being in compliance with the land and water conservation grant agreements and related regulations;
        (b)     Assignment of a project and construction manager(s) for either the entire lodge and golf course project or individual project managers for the golf course and the lodge. Weekly project meetings to be held, with notification to all permitting agencies, from prior to commencement of any site work until all post construction approvals are competed, as provided for in the "Protocols for On-site Monitoring of Construction of the Proposed Spirit Ridge Golf Course," dated October 25, 1999, revised March 6, 2000. There will be weekly construction meetings with invitations to stakeholders to attend and learn about the status and plans for the next week's activities and ask questions about concerns;
        (c)     That a bond(s), in a form(s) and amount(s) as required by the Duluth city attorney, be required for the following activities and any potential remediation:
                (1)     Water quality monitoring, prior to, during and post construction, of Stewart Creek and the Stewart Creek Tributary located within the project boundary, to be conducted by an environmental or engineering firm accepted by the state pollution control agency, with results to be reported to the Minnesota pollution control agency for review;
                (2)     Water quality monitoring of the drainage filtration system, to be conducted as provided for in Section 4.0 of the "Drainage-Filtration Treatment System Design Specifications."
                        (Performance bond language for water quality monitoring shall specify who will be responsible for the final evaluation of the data provided to determine compliance. Sampling locations, frequency, temperature, etc., are keys to being able to do this responsibly. It is recommended that the Minnesota pollution control agency staff is qualified to do this and would be willing to provide this type of assistance);
                (3)     Off site, out of watershed, wetland bank mitigation and temporary wetland impact;
        (d)     That the city council grant wetland conservation easements for all existing unaltered as well as all mitigation wetlands within the boundaries of the project, in accordance with Wetland Conservation Act Rule 8420-0530;
        (e)     That the project be limited to, constructed and maintained in accordance with all of the following plans and documents:
                (1)     Protocols for On-site Monitoring of Construction of the Proposed Spirit Ridge Golf Course," October 25, 1999, Revised March 6, 2000, submitted to Mr. Kent Oliver and Mr. George Hovland, III, Spirit Ridge, LLC, 215 North Central Avenue, Duluth, MN 55807 and the City of Duluth Planning Office, 409 City Hall, Duluth, MN 55802, prepared by Spectrum Research, Inc., project manager and principal author, James E. Balogh, Ph.D., PSS, Report No. 99-12011101-5, signed by James C. Balogh, dated March 6, 2000, License No. 30001, with the following addition: That a forester be added to the monitoring team;
                (2)     Forest Cover, Forest Ecology and Forest Habitat at the Proposed Spirit Lodge and Golf Course Project: Integration of Design, Management, and Monitoring to Protection the Forest Environment; prepared for Spirit Ridge, LLC, City of Duluth Planning & Development Office by Spectrum Research, Inc. April 2, 2001, with the further condition that "best forest management practices" be followed;
                (3)     Water Use and Water Quality Evaluation for The Protection of Water, Soil and Vegetation in the Vicinity of the Proposed Spirit Ridge Golf Course: prepared for; Spirit Ridge, LLC, city of Duluth planning & development office by Spectrum Research, Inc. Revised: May 3, 2001;
                (4)     Turfgrass Management System Plan for The Protection of Water, Soil and Vegetation in the Vicinity of the Proposed Spirit Ridge Golf Course: prepared for; Spirit Ridge, LLC, city of Duluth planning & development office by Spectrum Research, Inc. May 4, 2001;
                (5)     Spirit Ridge Golf Course, Drainage-Filtration Treatment System Design Specifications prepared for: Spectrum Research, Inc. Duluth, MN prepared by Walker & Associates, Inc., Sacramento, CA;
                (6)     Stormwater Management and Erosion Control Practices for Spirit Lodge and Golf Course Project; Integration of Design, Management, and Monitoring of Stormwater & Erosion Control Practices prepared for Spirit Ridge, LLC, city of Duluth planning & development office by Salo Engineering Inc, May 10, 2001, with additional information dated July 5, 2001;
                (7)     Summary of the Cross-Country Ski Trail Assessment for the Proposed Spirit Ridge Lodge and Golf Course Site, May 10, 2001, dated May 10, 2001, by Spectrum Research, Inc, Report No 01-12011101-15;
                (8)     Construction Plans for: Spirit Ridge, LLC, Construction Plans For Golf Course (57 Sheets): 1-18, C-1 to C-14, WA -0 to WA-16 (amended to remove treatment cells from wetland areas), W-1 to W-6 and TG-1-4, signed by David P. Salo 5-10-01, Ronald G. Peery 05-08-01, Dawn Tracy 05-10-01 and James C. Balogh 05/11/2001;
                (9)     Construction Plans for Spirit Ridge, LLC, Construction Plans For Spirit Ridge Ski and Golf Lodge, (15 Sheets): A-1, L-1 to L-4, C-1 to C-10, signed by David P. Salo 5/9/01 and Robert Prestige 5/9/01;
              (10)     Minnesota Local/State/Federal Application Forms for Water/Wetland Projects for Spirit Ridge, LLC, dated 05/11/01 and supplemented on July 5, 2001;
                        (A)     Spirit Ridge Golf Course and Hotel, Wetland Permit Application Amendment, Mitigation Area Planting: Species List and Schedule;
                        (B)     Spirit Ridge Golf Course and Hotel, Wetland Permit Application Amendment, Public Value Credit (PVC);
                        (C)     Spirit Ridge Golf Course and Hotel, Wetland Permit Application Amendment, Temporary Wetland Impacts;
              (11)     Phase I Archaeological Survey for the Spirit Ridge Golf Course and Lodge Development Project, St. Louis County, Minnesota, SHPO Number, 98-3879, OSA License No. 01-019, 106 Group Project No. 01-10, submitted to Spirit Ridge, LLC, and Spectrum Research, June 2001;
        (f)     That the following applicable permits be obtained and the terms and conditions of such permits be met and maintained in perpetual compliance:
 
Unit of government Type of application Status
Federal
U.S. army corps of engineers Section 404 (wetland alteration) applied for
U.S. fish and wildlife service threatened and endangered species part of Section 404
Department of the interior/U.S. park service approval of lease agreements pending
State of Minnesota
Minnesota office state archaeologist/Minnesota Indian affairs council archaeological and burial site investigation complete
MN board water and soil resources Wetland Conservation Act permits in process
MN department of agriculture pesticide applicators license to be applied for
MN pollution control agency national pollution discharge elimination system - construction/stormwater issued
MN pollution control agency and Western Lake Superior Sanitary District sanitary sewer extension permit to be applied for
Minnesota pollution control agency Section 401 water quality permit applied for
Minnesota pollution control agency storage tank registration to be applied for
Minnesota historic preservation office cultural resources review complete
Minnesota department of health watermain extension permit to be applied for
Minnesota department of health plan review to be applied for
Minnesota department of health well drilling permit to be applied for
Minnesota department of natural resources threatened and endangered species review search complete
Minnesota department of natural resources work in protected waters not applicable
Minnesota department of natural resources water appropriation permit to be applied for
Minnesota department of natural resources lease agreement approvals applied for
City of Duluth
City of Duluth/Spirit Mountain recreation area authority approval of lease agreements pending
City of Duluth/Spirit Mountain recreation area authority work permits in process
City of Duluth grading permit to be applied for
City of Duluth building permits to be applied for
City of Duluth water resources management permits approved
City of Duluth utility permits and service agreement to be applied for
City of Duluth environmental assessment worksheet completed
City of Duluth fire marshal blasting permit to be applied for
City of Proctor
City of Proctor construction and conditional use permits approved and extended
Midway Township
Midway Township construction and conditional use permits approved
Western Lake Superior Sanitary District
Western Lake Superior Sanitary District sanitary sewer extension permit to be applied for

        (g)     That the appropriate management practices in accordance with state statutes and rules be followed related to any threatened and endangered species within the project boundaries.



STATEMENT OF PURPOSE:  This resolution conditionally grants a work permit to Spirit Ridge LLC to construct nine holes of the 18 hole Spirit Ridge Golf Course and the Spirit Ridge Ski and Golf Lodge, on the Spirit Mountain recreation area property in the city of Duluth.

At its regular meeting on July 10, 2001, the planning commission voted 8 to 2 to recommend approval of the work permit. The several conditions are detailed in the body of the resolution.

In making their recommendation, the commission considered that:
        (a)     Water drainage from the impacted wetlands will have no net increase in runoff from the site. Reference the plan with the associated application;
        (b)     Placement of fill in wetlands is limited to impacts on no more than 6% (6.39 acres of 106.3 acres) of the total wetlands within the total project boundaries. Of 6.39 acres of impacts, mitigation will total 8.32 acres, 3.73 acres of mitigation within the project boundaries and the purchase of 4.59 acres of wetland bank credits off site;
        (c)     For the lodge site, buildings and parking uses impact 1.81 acres of wetlands. Filling of wetlands for the golf course within Spirit Mountain recreation area is limited to 1 acre. These impacts are to be mitigated with the project;
        (d)     The total tree cut on Spirit Mountain property is 19.1% of the total project in the city of Duluth. Total thinned area is 2.5% of the total area in the city of Duluth. This is 21.6% of the total area in the city of Duluth. Total cut area in Midway Township is 29.5% of the total area in Midway. Total thinned area is 5.7% of total area in Midway. This is 30.2% of the total area in Midway. For the combined project area, at total (cut and thinned) of 26.6% of the area is affected;
        (e)     The proposal is consistent with the Spirit Mountain master plan approved by the planning commission on December 11, 1973, and adopted January 21, 1974, as City Council Public Document 61453, as amended; October 7, 1974, as City Council Public Document No. 62545; October 6, 1975, Resolution No.75-604, City Council Public Document No. 61453; December 17, 1984, the City Council Resolution 84-0889 (3888410); and November 24, 1997, Resolution 97-0871;
        (f)     The proposal is consistent with the state legislation for the creation of the Spirit Mountain recreation area authority. Laws of Minnesota for 1973 Chapter 327- H.F. No. 1969.

At its regular meeting on August 14, 2001, the planning commission received documentation and held a one hour discussion with two members of the Environmental Advisory committee relating to potential impacts of the Spirit Ridge Golf Course and Lodge project. The commission also considered its previous recommendation related to the work permit resolution for this project.

Following this discussion the commission resolved, by a vote of 6 to 1, to reaffirm its recommendation of July 10, 2001, and amend the resolution as presented here.