5.2. SR 09-07-2004Item ~ 5.2.
Memorandum
TO:
Mayor and City Council
FROM:
Rebecca Haug, Environmental Tech.
DATE:
September 7, 2004
SUBJECT: Wetland Conservation Act Decision -
Schuer, Inc. - WCA 04-07
Proposal- Schuer, Inc. is proposing to impact 8,280 square feet of Type 2 wetland, all in
one location, to accommodate the excavation of gravel. A map showing the proposed
wetland impact and replacement is attached. The Elk River City Council is the Local
Unit of Government charged with decision-making authority for the Wetland
Conservation Act (WCA).
Schuer, Inc. is proposing to expand a gravel mining operation adjacent to the J & B
Mining site, which also has wetland impacts. The wetland restoration for the two projects
ties together. Wetland restoration can't be deemed complete for either project until both
are finished. Further, J & B Mining is purchasing some of the excess wetland credits
from the Schuer site.
FINDINGS
Liesch Companies prepared a Wetland Delineation Report for the property.
Combined notification of the proposed wetland impact and replacement plan was mailed
out to the appropriate governmental agencies on June 2, 2004.
The Technical Evaluation Panel (TEP) reviewed the delineation and replacement plan on
May 5, 2004 and June 8, 2004. The minutes of these meetings are attached.
The comment period on this issue ended on June 23, 2004. The appeal period for this
issue is 15 working days after the Council's decision.
RECOMMENDATION
Staff recommends approval of the filling and mitigation plan for this project with
the following stipulations:
1. A restrictive covenant and drainage and utility easement be recorded over the
mitigation and buffer areas.
2. The petitioner secures letter of credit in favor of the City of Elk River, which
covers the cost of the mitigation work.
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Monitoring of the wetland mitigation will commence as soon as restoration is
completed on both this site and the Sehuer, Inc. site and continue for a period of
3 to 5 years, as needed, as determined by city staff. The petitioner shall submit a
written monitoring report on the replacement wetlands to the city after the first
year of monitoring. Upon approval of this report by city staff the letter of
wetland credit may be released.
TEP Minutes -June 8, 2004
Attending: Brad Wozney, BWSR; Paul Diedrich, DNR-Fisheries; Yvonne
Berner, ACOE; Terry Mauer, City Engineer; Roger Schmidt & Glen Johnson,
Schmidt Gravel Mine; Jon Blaha and Warren Tuel, Liesch Assoc, Inc; Wayne
Jacobson, Applied Environmental Services; Jason Bebeau & Michelle
Christensen, J & B Mining; Donald Wester, Bill Saaranen, Duane Betker, Dean
Mealhouse, Trout Brook Farms; Rebecca Haug and Steve Rohlf, City of Elk
River
Schuer Gravel Mine
Leisch Assoc, Inc installed three monitoring wells and took soil borings. The
information collected supports their earlier opinion that the wetlands at the site
are supported by a shallow water table and not due to perched conditions.
However, Bill Bronder is unsure if they have enough information to make that
determination. It was discussed that the letter of credit guarantees that the
wetland is supported by a shallow water table and not perched. If the plan
doesn't work, the City will require them to fix it. Some of the additional wetland
credits that this mine will have will be given to J & B Mining. Yvonne Berner
explained that the ACOE may not accept these credits since they do not approve
deep water habitats. It was discussed that there would be no dewatering at the
site. The CUP for will need to be written in such a way to make sure the water
levels are working. Monthly data for the monitoring wells will need to be provided
to the City for the first year and quarterly data for the monitoring wells will need to
be provided to the City for the second year. There may be a potential for
bounce. Benchmarks will need to be established so a person can take
elevations. GRO and DRO will need to be addressed.
The wetland mitigation will be accomplished by removing the gravel deposits to a
depth of 15 to 16 feet. Then fill will be brought back in up to grade in the Type 5
area, and 1 ft below the grade in the Type 3 area. Muck will be used to line the
Type 3 area in preparation for planting. The second mitigation will be completed
by removing the top 0.5 ft of existing reed canary grass and then replanting with
natives. The slopes will be no greater than 5:1. A buffer area will be created
averaging 25 ft in width. The Type 2 replacement is the only area that credit is
wanted for. BWSR and ACOE are unsure they will be able to accept the credits
because it is connected to deep water habitat.
The TEP is satisfied with the wetland application for this project.
J & B Mining
Yvonne Berner emphasized to the applicant the importance of keeping their
impacts under 2 acres. Also, the setbacks on the north, east and south sides for
the mine will need to be changed. The setback adjoining the Schmidt mine may
be already but the others will have to be 50 ft back. The setback changes will
affect the wetland impacts so this will be looked at again at the next TEP
meeting. There is still the issue of transportation for this project.
Trott Brook Farms Homeowner's Association
The Trott Brook Farms Homeowner's Association was in to discuss what can be
done about the vegetation in and around their sedimentation ponds. It was
discussed that barley straw can be added to the ponds in April to control the
algae growth. It was also discussed that some of the cattails can be removed but
the majority should remain because they absorb the nutrients that cause the
algae bloom in the pond. It was also discussed that the association should talk
to the lawn mowers about mowing the grass clippings away from the ponds. At
this time, there are no rules restricting vegetation removal from sedimentation
basis only recommendations, Bill Bronder gave them his card so they could
further discuss options for vegetation.
TEP Minutes- May ,5, 2004
Attending:. Paul Wozney, BWSR; Paul Diedrich, DNR-Fisheries; John Norgren,
Sherburne County Ditch Inspector; Yvonne Berner & Marge Thompson, ACOE;
Terry Mauer, City Engineer; Paul Cherne, Pioneer Engineering; Bill Blackwen,
Pioneer Engineering; Roger Schmidt, Schmidt Gravel Mine; Jori Blaha and
Warren Tuel, Liesch Assoc, Inc; Wayne Jacobson, Applied Environmental
Services; Rebecca Haug and Steve Rohlf, City of Elk River
Schuer Gravel Mine
The applicant is proposing to mine gravel adjacent to an existing Type 2 wetland,
which may or may not be a perched wetland. Liesch Assoc., Inc has been hired
by the applicant to make this determination. They will be installing three
monitoring wells. The applicant is proposing to restore the wetland and get credit
for wetland banking. It was discussed as to whether or not the ACOE would
approve a wetland bank for this type of project.
Trout Brook Estates
At the previous TEP meeting several changes were requested. The proposed
trail at the end of Becker Trail has been relocated. Street has been shortened
but the Park and Recreation Commission would like to see the trail to connect to
Street E causing wetland impacts. Terry Mauer commented on the lack of
accessibility to the sedimentation ponds by Outlot G. This will cause a change in
Street E and the trail. Yvonne Berner stated that the ACOE is developing new
criteria for trails. She also commented that if the project exceeds 10,000 sq. ft.
(over 2 acres) of wetland impacts, the approval process will require a public
notice and will be more difficult to receive approval. Lots 8 & 9, Block 20 were
looked at since the City doesn't allow wetland fill for building sites. The road may
be redesigned or the house made smaller to fit the sites. The same concerns
were discussed for Lots 4 & 5, Block 15. A narrower house and retaining wall
were discussed for Lot 9, Block 15. A new plan will be submitted; however, the
TEP will not be discussing this project again.
Robert Droen
This homeowner is requesting a permit to dig out a wetland on his property and
place the spoils on an upland area of his yard. ACOE does not regulate this
activity. It was discussed that the slopes would be 4:1 and no deeper than 4 - 5'.
(Bill Bronder and Rebecca Haug inspected the site on May 7, 2004. During the
inspection it was determined that the wetland is a Type 2, 6 and he is exempt
under WCA for his project.)
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CROSS-SECTION LOCATION MAP
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