5.5. SR 09-07-2004Item ~ 5.5.
Memorandum
TO:
Mayor and City Council
FROM:
Rebecca Haug, Environmental Tech.
DATE:
September 7, 2004
SUBJECT: Wetland Conservation Act Decision- J &
B Mining - WCA 04-08
Proposal - J & B Mining to impact 85,294 square feet of Type 2 wetland all in one
locations to accommodate the excavation of peat and 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. That proposal also has wetland impacts. The wetland restoration for the
project ties into the mitigation for the J & B Mining project. 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 dated, May
17, 2004.
Combined notification of the proposed wetland impact and replacement plan was mailed
out to the appropriate governmental agencies on July 1, 2004.
The Technical Evaluation Panel (TEP) reviewed the delineation and replacement plan
July 8, 2004. The minutes of that meeting are attached.
The comment period on this issue ended on July 21, 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.
o
Monitoring of the wetland mitigation will commence as soon as restoration is
completed on both this site and the Schuer, 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.
4. Proof of purchasing wetland credits from Schuer, lnc shall be provided to the
City.
TEP Minutes - July 8, 2004
Attending: Brad Wozney, BWSR; Paul Diedrich, DNR-Fisheries; Terry Mauer,
City Engineer; Roger Schmidt & Glen Johnson, Schmidt Gravel Mine; Warren
Tuel, Liesch Assoc, Inc; Wayne Jacobson, Applied Environmental Services;
Rebecca Haug, City of Elk River
J & B Mining
The setbacks for the site were reduced which allowed for less wetland impacts
bringing the total to below 2 acres. This is important when it comes to getting a
permit from the Corp. The project does not need to go through the banking
process since the mitigation will be on-site. Excess credits will be on the Schuer
site however, the applicant is not proposing to bank them, only use them as
enhancement. The upland buffer will be at least 25 ft. The proposed type 2
wetland replacement for credit on the east side of the property will not be used.
More credits will be bought from the Schuer property for this. Along the western
upland buffer area, an opportunity is available for more buffer following the edge
of the transformed type 2 wetland.
It was discussed that reed canary grass should not be wasted back into the pond
since the seeds will remain and the wetland could become inundated with reed
canary grass and also if the pond is to be used for fish habitat, the spoils would
cause the water to be cloudy and not desirable to fish.
The topic of using phosphorus for fertilizer was discussed since the city has
ordinance restricting phosphorus in fertilizer unless it is used for establishment
on new lawn or if soil tests state that it is needed. Since natives will be planted in
the area, phosphorus should not be needed. The method of seeding was also
discussed and it was determined that harrowing is not required since the seed
will be packed.
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