3.17. SR 06-16-1997**ITEM 3.17. a-d**
~sty of
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
MAYOR AND CITY COUNCIL
STEPHEN ROHLF,BUILDING AND
ZONING ADMINSTRATOR
JUNE 16, 1997 ~',
WETLAND DECISIONS
Attached are requests to fill wetlands to accommodate four projects:
The realignment of County Road #12
Cass Property to develop athletic fields and sludge land
Oakwood Hills, a residential subdivision
Morrell Property to relocate a truck terminal
The Technical Evaluation Panel (TEP) has reviewed and are
recommending approval of the wetland filling and replacement plan
proposals for all four of these projects. The TEP is made up of the City
Engineer, City Building and Zoning Administrator, a representative of the
Minnesota Board of Water and Soil Resources and a member of the
Sherburne Soil and Water Conservation District).
The City of Elk River is the Local Governmental Unit (LGU) charged with
enforcing the Wetland Conservation Act (WCA) within the city limits. As the
decision making body for the city, the Council needs to formally approve
these requests with the following stipulations:
1. That a restrictive covenant is recorded against the replacement
wetlands.
2. That the cost of creating the wetlands on the Morrell Property
and in Oakwood Hills is covered by a letter of credit for one year.
3. That the monitoring plans for the created wetlands are adhered
t__0_o.
There are a number of exemptions to the WCA and "No Loss" determinations
(i.e. someone is deepening a pond and no wetland is being eliminated) that
have to be routinely decided on. Staff is recommending these issues be
approved on the staff level.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
If the Council does not feel comfortable with deciding any of these issues or
wants more information, table them and staff will come to the next available
meeting to address the Councils concerns.
REALIGNMENT OF COUNTY ROAD # 12
S.P. 71-612-06
WETLAND DECISION
Sherburne county has made application to fill 68,007 square feet of types 3 &
6 wetlands and a portion of Trott Brook to accommodate the realignment of
County Road # 12 that lies in the Southeast ¼ of Section 36, Township 33,
Range 26, Sherburne County, Minnesota (see attached map).
FINDINGS:
Sherburne Soil and Water Conservation District delineated the
wetlands on the subject property in June of 1997.
o
The Technical Evaluation Panel reviewed the proposal on June 11,
1997 and found:
The applicant made prudent attempts to avoid impacts to the
wetlands, but the "no build" due to safety considerations.
Impacts to wetlands have been minimized by using guardrails so
slopes can be greater, etc.
o
In August of 1996 combined notification of the proposed filling were
sent to the necessary agencies.
A redesign of the Trott Brook crossing has been found acceptable to the
DNR and they have issued a permit (#97-3069)
5. The replacement for the filling will be done by the Board of Water and
Soil Resources so the city does not review the mitigation plan.
RECOMMENDATION:
Staff recommends approval of both the proposed filling and
mitigation plan for this project.
192ND
1.91 ST
CO. RD. # 12 REALIGNMENT
190TH
189TH
187'~
186TH
1
184~-f
t 85RD
182ND
HILLSIDE
CITY PARK
17gTH
178'~1
177TH
176TH
175'~1
17 ~.TH
17~RD
172ND
171ST
170TH
160TH
168'nt
CASS PROPERTY
WETLAND DECISION
The city of Elk River has made application to fill 155,359 square feet of types
1,2,3, and 4 wetlands to accommodate youth athletic fields and sludge
spreading on property legally described as: the Northeast ¼ of Section 13,
Township 32, Range 26, Sherburne County, Minnesota, except the Southwest
¼ of the Northeast ¼ of said Section 13 (see attached map).
FINDINGS:
· MSA, Consulting Engineers delineated the wetlands on the subject
property in September of 1996.
· The Technical Evaluation Panel reviewed the city's proposal on January
14, 1997 and found:
1. The city made a good faith effort to explored alternative sites for youth
athletic fields, spending nearly four year searching for property.
2. Several alternative options for the configuration of the proposed
project, including "no build" were explored.
3. The city made a prudent effort to reduce the impacts to wetlands
through the design of the project and mitigation plan.
On May 14, 1997 the city sent out combined notification of the proposed
filling and replacement plan to the necessary agencies and did not receive
any comments negative to the project.
RECOMMENDATION:
Due to the need for property for both sludge spreading and youth athletic
fields and the improvement of wetlands use of buffer areas, staff
recommends approval of both the proposed filling and mitigation
plan for this project.
182ND
172N0 t i
171ST
16531~
16431'1
163RD .......
l~O'm
- - 1791~
178'~1
17611.1
175TH
1743H
172ND
........... 171ST
170TH
..... 16911'~
CASS PROPERTY
168TH
.... 187'i'H
165'n.{
1641H
183R0
162,N0
161ST
160'~
15gTH
157TH ~
OAKWOOD HILLS
WETLAND DECISION
Mr. John Peterson of Good Value Homes has made application to fill 4,251
square feet of type 3 wetland to accommodate a road in the proposed plat of
Oakwood Hills. The property is legally described as: the Southeast ¼ of the
Southeast ¼ of Section 19, Township 33, Range 26, Sherburne County,
Minnesota (see attached map).
FINDINGS:
o
Arlig Environmental, Inc. delineated the wetlands on the subject
property in September and October of 1996.
The Technical Evaluation Panel reviewed the proposal on May 15,
1997 and found:
The applicant made prudent attempts to avoid impacts to the
wetlands, but the "no build" option was not economically feasible.
One alternative would have required purchasing property from an
adjacent landowner who was not receptive to selling any land.
Impacts to wetlands have been minimized as far as feasible and
still meet the road alignment necessary for access to the property.
o
On May 20, 1997 the city sent out combined notification of the
proposed filling and replacement plan to the necessary agencies and
did not receive any comments negative to the project.
RECOMMENDATION:
Staff recommends approval of both the proposed filling and
mitigation plan for this project.
212'114
211'n4
210TH
2OgTH
208'114
207TH
206'111
204TH
205RD
202ND
201 ST
200'lN
199TH
lgSTH
197'11't
196'1~
19511.l
194TH
lgSRD
lg2ND
191ST
1gOTH
189TH
OAKWOOD HILLS
~'OODL4
LA~E
MORRELL PROPERTY
WETLAND DECISION
Mr. Larry Morrell has made application to fill 2.54 acres of types 2 &6
wetlands to accommodate a truck terminal. The property is legally described
as: That part of the Southwest ¼ of the Northeast ¼ of Section 11, Township
32, Range 26, Sherburne County, Minnesota (see attached map).
FINDINGS:
Summit Envirosolutions delineated the wetlands on the subject
property in April of 1997.
o
The Technical Evaluation Panel reviewed the proposal on April 22,
1997 and found:
The apphcant made prudent attempts to avoid impacts to the
wetlands, but the "no build" option was not economically feasible.
A project improving the road adjacent to this site to a nine ton
design to handle industrial traffic recently took place.
One alternative would have lessened the impacts on wetlands, but
would have eliminated a woods that also has public value and will
be used as wetland buffer.
Impacts to wetlands have been minimized as far as feasible.
On May 6, 1997 the city sent out combined notification of the proposed
filling and replacement plan to the necessary agencies and did not
receive any comments negative to the project.
RECOMMENDATION:
Staff recommends approval of both the proposed filling and
mitigation plan for this project.
78'13-1
176TH ~;
17
174,TH
173RD
172N0
171ST ~'~
170TH
189TH
16831-1
167TH
i 1663'H
1
164.TH
[ r
HILLSIDE
CITY PARK
MORRELL PROPERTY