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5.1. PCSR 11-08-2011REQUEST FOR ACTION TO ITEM NUMBER Plannin Commission 5.1 AGENDA SECTION MEETING DATE PREPARED BY Planning Items November 8, 2011 Rebecca Haug, Environmental Administrator ITEM DESCRIPTION REVIEWED By Request by Todd Plaisted for wetland/pond on Heinen property Public Hearing -Case No. CU 11-18 REVIEWED BY ACTION REQUESTED Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit (CUP) request to extract soil from the northern wetland on the Heinen property to create a wildlife pond with the following conditions: 1. All work is completed within two years of project and slopes are a minimum of 4:1 2. All spoils removed from the wetland are deposited on upland areas 3. Hours of operation will be limited to 7:00 a.m. - 7:00 p.m., Monday -Saturday 4. Applicant must install truck hauling signs on Brook Road BACKGROUND/DISCUSSION The City Code Chapter 42, Natural Resources, Sec. 42-51 (c) allows mineral extraction activities to exceed 100 cubic yards which will be completed within two years to receive a conditional use permit only. A license and zone change is not required. The applicant initially planned to do this project over a 3-5 year time frame but has decided to complete the project within two years. Todd Plaisted and Paul Heinen are requesting a permit to excavate organic soils from approximately 10.5 acres of Type 2 wetland to a maximum depth of 6 ft. (average depth of 4') over a 2 year time frame to create an open water pond and create wildlife habitat. The slope of the wetland will have a minimum of 4:1 or shallower. on all sides. The shape of the pond will be irregular and the basin will have an undulating bottom with an island roughly located in the center of the open water area. The wetland has been drained through a private drainage ditch which will supply water for the pond but maintain connection to the ditch system to the east with no changes to the inlet or outlet of the ditch. Excavation and slope shaping will occur during the winter months by using a backhoe excavator. Spoils will be placed on an upland site fox dewatering if necessary, although it is expected that the organic soils may be hauled directly to the Plaisted Company site (located 3 - 4 miles away) as weather and road conditions allow. Approximately 64,500 cubic yards of material would be removed over two years with approximately 1300 -1500 truckloads total (260 - 300 per year).. This request has been reviewed and approved by the Technical Evaluation Panel (TEP) who is responsible for making determinations on wetland activities. During the public notice of the wetland application, one comment was received. The letter is attached. The main concern was safety on Brook P R N E R E R R r N:\Departments\Commiuuty Development\Planning\Case Files\CUP\CU 11-18 Plaisted-Heinen Prop\CU 11-18_PC.doc ~~~~~ Road and a suggestion was made to limit the hours of hauling to 9 a.m. to 2 p.m. to allow for school traffic to be over. ATTACHMENTS ^ Location Map ^ Applicants Narrative ^ Wetland Conservation Act Notice of Decision ^ Comment Letter from Kelly & Colette Brown ^ Site Plan (Exhibit A) Action Motion by Second by Vote Follow Up N:\Departments\Community Development\Plaznvng\Case Files\CUP\CU 11-18 Plaisted-Heinen Prop\CU 11-18_PC.doc WV £0~84:Oi iiOZ/8Z/OT '6mp'deW uoile~o~\dad uauiaH-palsield 8i-iL N\dN\sa~ld ase~\6uiuueld\luawdo~ana4 ~liunwwoJ\sluawUedap\:N Type of Project Paul Heinen owns and fives on a 40 acre parcel at 21850 Brook Road in Elk River. The land consists of both high ground and wetland. Paul has partnered with Plaisted Companies to extract the soil in his wetland area to create a more aesthetically pleasing water feature. The 3- 5year project would create about a 10 acre pond at a depth of up to four feet. The feature would have varied depths, shoreline fingers, and a large island in the center in hopes to attract various waterfowl and wildlife. Project Description The pond would be created by the use of excavators digging the material and placing directly into dump trucks hauling to a stockpile area on the property or directly off the site. Eventually alf excavated material will be removed from the property. The area would be mined during the winter months and may need to be dewatered during the mining process. Project Alternatives 1. Do nothing. 2. Reconfigure the s"rze of the project. Haug, Rebecca From: Todd Plaisted <Todd@plaistedcompanies.com> Sent: Thursday, November 03, 2011 10:04 AM To: Haug, Rebecca Subject: RE: Heinen Mining Project Hi Rebecca, Yes. We plan on completing the mining of the black dirt within 2 years. And no we have not heard from the county regarding any concerns about access... Thanks, 7oc(c} Pl~istec# Pl~istec{ Companies, Inc. P.O. Box 332 Elk River, MN 55330 Direct :763.633.6560 Office ; 763.~4T.1100 Cel I :612.868.7699 e-mail : toddCaplaistedcompanies.com From: Haug, Rebecca [mailto:RHaug@ci.elk-river.mn.us] Sent: Wednesday, September 21, 2011 2:54 PM To: Todd Plaisted Subject: Heinen Mining Project Hi Todd Any chance you can complete this project within in two years? If you can, then you won't have to go through the rezoning process for the property and need to obtain the yearly permits. You would only be required to get a Conditional Use Permit. Please let me know. Thanks. Rebecca Haug ~ City of Elk River ~ 13065 Orono Parkway ~ Elk River, MN 55330 ~ 763.635.1000 Office ~ 763.635.1090 Fax ~ www.ci.elk-river.mn.us ~Q~i~tM1t EIS Q~ Minnesota Wetland Conservation Act Notice of Decision Local Government Unit (LGt~ Address City of Elk River 13065 Orono Parkway Elk River, MN 55330 1. PROTECT INFORMATION Applicant Name Project Name Date of Application Todd Plaisted/Plaisted Companies Paul Heinen Property Mining Application Number Organic Soils, 21850 Brook Rd, 8/19/2011 11-03 Eik River MN 55330 ® Attach site locator map. Type of Decision• ® Wetland Boundary or Type ®No-Loss ^ Exemption ^ Sequencing ^ Replacement Plan ^ Banking Plan Technical Evaluation Panel Findings and Kecommendation ® Approve ^ Approve with conditions ^ Deny Excavation less than 6' in depth. with an undulating bottom, irregular shape, and slope of 4:1 or shallower throughout is approved by the TEP. The Board of Water and Soil Resources recommends retention of approximately 6" of peat across the wetland basin to prevent creation. of a sterile environment. 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: ^ Approved ®Approved with. conditions (include below) ^ Denied LGU Findings and Conclusions (attach additional sheets as necessary): The wetland is a drained wetland retaining Type Z, degraded fi~esh meadow characteristics. Excavation of approximately 10.5 acres of Type 2 wetland to a maximum depth of 6' (average depth of 4') over a 3 - 5 year period is permitted with the following conditions: • A conditional use permit for mining organic soils is approved by the Elk River City Council; • All other local, state, or federal. permits are obtained, as necessary; • Excavation and creation of the pond and slopes is completed with use of backhoe/trackhoe equipment (not bulldozers), with the final pond. having. an irregular shape and undulating bottom; • A finished minimum slope of 4:1 or shallower is created throughout; • All spoils are placed. outside the wetland boundary for dewatering, if necessary; • The existing inlet and outlet elevations of the drainage ditch are maintained and unaltered;. and • The application,. as reviewed by the TEP, is followed as submitted. with any changes to the permitted plan to be brought back to the TEP for review and approval. For Re lacement Plans usin .credits from the State Wetland Bank: Bank Account # Bank Service Area County Credits Approved for Withdrawal (sq. ft. or nearest .0l acre) BWSRForms 11-25-09 Page 1 of 3 Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ^ Financial Assurance: For project-specific replacement that is not in-advance, a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ^ Deed Recording: For project-specific replacement, evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ^ Credit Withdrawal: For replacement consisting of wetland batnk credits; confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met'. LGU Authorized Si ature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland' Conservation Act as specified above. If additional details on the decision exist, they have been provided to the landowner and are available from the LGU u on re nest. Name Title Nicola Blake-Bradley Environmental Technician S' ature Date Phone Number and E-mail `~~ « ~~ 6 9/22/11 763-635-1073 Nblake-bradley@ci.elk- river.mn.us Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ^ Appear of an LGU staff decision. Send ~ Appeal of LGU governing body decision. Send petition and $ fee (if applicable} to: petition and. $500 filing fee to: Executive Director Minnesota Board of Water and. Soil Resources 520 Lafayette Road North St. Paul, MN 55155 4. LIST OF ADDRESSEES BWSR Forms 11-25-09 Paae 2 of 3 SWCD TEP member: BiII Brooder ® BWSR TEP member: Keith Grow ® LGU TEP member (if different than LGU Contact): Rebecca Haug; Justin Femrite ® DNR TEP member: Paul Diedrich ® DNR Regional Office (if different than DNR TEP member) ^ WD or WMO (if applicable): ® Applicant and Landowner (if different) Members of the public who requested notice: Adjoining landowner list as submitted by the applicant and verified by City Staff ® Corps of Engineers Project Manager: Ben Orne ^ BWSR Wetland Bank Coordinator (wetland bank plan decisions onl ) 5. MAILING INFORMATION -For a list of BWSR TEP representatives, see: www.bwsr.state.mn.us/aboutbwsr/workareaslVJCA areas.pdf -For a list of DNR TEP representatives, see: ~w~~v.bwsr.state.mn.us/wetlands/wca~DNR TEP contacts.pdf -Depar[ment of Natural Resources Regional Offices: NW Rea_,ion: NE Region: Central Region: Southern Region: Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess: Ecol. Reg. Env. Assess. Ecol. Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources Div. Ecol. Resources 2115 Birchmont Beach Rd. 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South NE Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073 Bemid'i, MN 56601 For a map of DNR Administrative Regions; see: http://files.dnr.state.mn.us/aboutdnr/dnr re i~ ons.pdf -For a list of Corps of Project Managers, see: ~~~l.mvp.usace.army.milire- Iatory/default.as~?pageid=687 or send to: Dept. of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 -For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland BankCoordinator 520 Lafayette Road North St. Paul, MN 55155 6. ATTACHIVVILNTS In addition to the site locator map, Iist any other attachments: ~. BWSR Forms 11-25-09 Page 3 of 3 Kelly and Colette Brown 10790 Brook Road Elk River, MN 55330 763.441.7397 September 13, 2011 City of Elk River Nicola Blake-Bradley Environmental Technician 13065 Orono Parkway Elk River, MN 55330 Dear Ms. Blake-Bradley, I am writing you this letter regarding the notice we received for the Paul Heinen Property Mining located at 21850 Brook Road. I understand that the mining would be done during the winter months for the next 3 -5 years.. A few years past, there was gravel being mined out of the Solor's property on Brook Road. The large trucks on the road caused problems and concerns with the school buses. Brook Road is a very curvy road and the entrance they would be using for Heinen's is on a curve. My suggestion would be to Iimit the hauling during the hours of 9 am to 2 pm, to allow the school traffic to be over. I feel this would be the safest for all drivers, so that there would be less need for a sudden stop on a curve with a fully loaded truck. I would appreciate you sharing our concerns with the planning committee (or whomever is in charge of approving the project). ank you so much, Kell and C le a Brown +.~.. -. Proposed Pond Area: Approximately 10.5 acres _, ,~ ~ ,. ~~ ~ < ~`~ },~ ~~ - . ~ } .*~ 9:... .. - +5 _ ' OR w~, a~ ?° ~ ~ a ~ tag' ~ a ~r •:,~ ~~-~C'"` ~' ~ q ~ , ...:~ Legend ~' Proposed Ponds Approximate Wetland °~- Ditch Flow Direction Drainage Ditch ~ 20'10 Aerial Photograph (Source: LMIC1 200 100 0 200 Feet Pain L~S'r~S4n.!11FgiRe .'-POt9ntial Prmds mrA CITY OF ELK RIVER Westgaard Property Investigation ~. ~:, .~. - .~. ,~ ~ ~p' ks ~. " , ~~ =ti ~:~:' ~ , ~_.; w ~~~ .~~? I k ~ , ~., r° ~ ~ .. ,., _ .,,~ ~ x F ~ ~ _ ... ~ :.