7.2. SR 11-21-2011'~ J/
Elk REQUEST FOR ACTION
River
TO ITEM NUMBER
Ma or and Ci Council 7.2.
AGENDA SECTION MEETING DATE PREPARED BY
Community Development November 21, 2011 Rebecca Haug, Environmental
Administrator
ITEM DESCRIPTION REVIEWED By
Request by Todd Plaisted for Conditional Use Permit for Cal Portner, Ci Administrator
Wetland/Pond on Heinen Property, Case No. CU 11-18 - REVIEWED BY
Public Hearing
ACTION REQUESTED
Staff and the Planning Commission recommend that the Ciry Council approve 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 Ciry 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 three to
five 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 six feet (average depth of four feet) over a two year time
frame to create an open water pond and 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 for dewatering if necessary, although it is expected that the organic soils may be hauled
directly to the Plaisted Company site (located three to four 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
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.
P I ~ E R E D 1 1
N:\Public Bodies\Ciry Council\Counal RCA\Agenda Packet\l 1-21-2011 \CU 11-18.docx ~~~~~~
There were no comments by the Planning Commission or the public at the November 8, 2011 Planning
Commission meeting.
ATTACHMENTS
^ Planning Commission Staff Report Dated November 8, 2011
^ 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:\Public Bodies\City Council\Council RCA\Agenda Packet\11-21-2011\CU 11-18.docx
REQUEST FOR ACTION '-- -
"rp ITEM NUMBER
Plannin Commission 5• ~
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 Plaluiing Commission recommend approval of the Conditional Use Permit
(CLIP) 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
for 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 (I'EP) 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 B 1
N:\Departrnents\Community 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\Planning\Case Files\CUP\CU 11-18 Plaisted-Heinen Prop\CU 11-18_PC.doc
N:\Departments\COmmunity Development\Planning\Case Files\CUP\CU 11-18 Plaisted-Heinen Prop\LOCdtIOn Map.dwg, 10/~8R01110:48:03 AM
Type of Project
Paul Heinen owns and lives 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
all 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 size 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,
Todd Plaisted
Plaisted Companies, (nc
P.O. Box 332
Elk River, MN 55330
Direct : 763.b33.b560
Office :763.441.1100
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
.. ~ , fo3lc~t u~ ~n ~~```-~~~~
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit (LGL>) Address
City of Elk River 13065 Orono Parkway
Elk River, MN 55330
1. PROJECT 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
Elk River, MN 55330
® Attach site locator map.
Type of llecision:
® Wetland Boundary or Type ®No-Loss ^ Exemption ^ Sequencing
^ Replacement Plan ^ Banking Plan
l~echnica! >/valuation Yanel
® Approve
and. Kecommendation
^ 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 2, 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 anal 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 .01
acre)
BWSRForms 11-25-09
Page I of 3
Replacement Plan Approval Conditions. 1n 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" anal. "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 bank 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 Signature:
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
9/22/11 763-635-1Q73
'~~ ~ 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 authoi7zed 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
TEF 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 Du•ector
Minnesota Board of Water and. Soil Resources
520 Lafayette Road North
St. Paul, NIN 55155
4. LIST QF ADDRESSEES
BWSR Forms 11-25-09 Page 2 of 3
SWCD TEP member: Bill Bronder
® 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 only)
5. MAILING INFORMATION
-For a list of BWSR TEP representatives, see:
www.bwsr.state.mn.us/aboutbwsr/workareas/W CA~areas.~df
-For a list of DNR TEP representatives, see: ww~~.bwsr.state.mn.us/wetlands/wcalDNR TEP~contacts.pdf
-Department of Natural. Resources Regional Offices:
NW Re_~ion: NE Region: Central Region: Southern Re_,ion:
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: 1~://files.dnr.state.mn.us/aboutdnr/dm®re~ions.pdf
-For a list of Corps of Project Managers, see:
cvww.mvp.usace.armv.mil/regulatory/default.asp?~ageid=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 Bank Coordinator
520 Lafayette Road North
St. Paul, MN 55155
6. ATTACHMENTS
In addition to the site locator map, list any other attachments:
o ~~,.~.,..~ ~.- fir,. ~~ ~. ~~~~~-~~,
,.
BWSR Forms 1.1-25-09
Page 3 of 3
fir -.. ; ~ -
Kelly and Colette Brown
1.0790 Brook Road
Elk River, MN 55330
763.441.7397
September 13, 2011
City of Elk River
Nicola Blake-Bradley
Environmental Technician
13U65 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 limit 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,
ell and ole a Brown
~s
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Proposed Pand Area:
Approximately 10.5 acres
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Legend
Proposed Ponds
Approximate Wetland
Ditch Flow Direction
Drainage Ditch
2010 Aerial Photograph (Source: LMIC)
200 100 0 200
Feet
Path l ~[S-~ON~ h„d~Frgine 2-P719~Mr~1 PprvYS m.A
CITY OF ELK RIVER
Westgaard Property Investigation
.~rencr< ~.e,aodates Ins ISJp c~~~rveer Creek Center
[~~~nonmental Engineers Maine Pl:un MN 553536429 Figure 2
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