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6 PCSR 01-26-1993 ,( / _\,( ITEM 6 Ito� River TO: PLANNING COMMISSlION lk FROM: JANELLE SCHMITZ, ZONING ASSISTANT �j' DATE: JANUARY 20, 1993 C SUBJECT: CONDITIONAL USE PERMIT REQUEST BY STEVEN SHOEMAKER/PUBLIC HEARING, CASE NO. CU 92-025 APPLICANT The applicant, Steven Shoemaker ( 11106-190th Avenue NW) is requesting a conditional use permit to excavate a wetland area to create an open water pond in Royal Oaks Ridge. BACKGROUND The Planning Commission originally reviewed this item at the December 22 , 1992, meeting and it was continued to January 26, 1993, allowing the applicant to address several concerns (including traffic, size of the pond, duration of the project, and comments from the DNR) . For details, I have attached a copy of the memo dated December 16, 1992, and the December 22, 1992 , Planning Commission Minutes . • TRUCK TRAFFIC The applicant has obtained permission from property owners Larry Morrell and George Deschenes to route truck traffic through their property to County Road 13, south of the affected property. The trucks would enter onto County Road 13, approximately 1/4 mile from its intersection with 5th Street. Staff spoke with Harvey Richner, Sherburne County Highway Department, regarding access to the County Road. Mr. Richner stated although no access permit would be required, the County would like to see the area "signed" to inform traffic of trucks entering and exiting in this location. Also, the applicant will need to comply with weight restrictions placed on County roads . It appears that a field road exists in this location, however, the applicant has indicated fill may need to be brought in to support the weight of the trucks . REVISED SITE PLAN I have included a copy of the revised site plan for your review. Although the surface area of the pond would remain approximately 3 acres, Mr. Shoemaker has revised the site plan to reduce the estimated amount of excavated fill from 31,250 cubic yards of fill to 19,000 . This was done by reducing the • slopes and depth of the pond. The north 1/2 of the pond would maintain 5 : 1 slopes and would have an average depth of 4-5 feet. The homeowners would like to keep the area surrounding the front of the pond manicured; natural vegetation would not 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 CUP, Steven Shoemaker Page 2 January 20, 1993 • be planted. The applicant chose to implement the DNR' s recommendation of a 10 : 1 slope on the back portion of the pond. This area would have an average depth of 3-4 feet. An unexcavated island is planned in the middle of the south 1/2 of the pond. Staff has enclosed a brochure from the DNR regarding excavation of ponds for water fowl which gives recommendations on how to properly construct wildlife ponds . DRAINAGE At the December meeting, a few neighbors were present to express their concerns with the proposed project including what affect this excavation would have on drainage in the area, traffic concerns, noise and other disruptions to a residential area. Staff feels this proposed excavation should not have an affect on drainage in the area if certain precautions are taken. City engineer, Terry Maurer, indicated if the City Council approves a general concept for the proposed excavation, the City should require more detailed plans before excavation begins ( i .e. , elevations of lowest floors in the area, and existing and proposed topography) . These details are necessary to ensure the drainage will not be affected and to properly inspect the work in progress . Mr. Maurer can not attend the Planning Commission meeting, however, his comments are available in the attached letter dated January 20, 1993 . Mr. • Shoemaker is considering a clay liner on the east side to ensure the pond retains water. This may be considered fill in a wetland which would not be allowed. NOISE The City ordinance regarding excavation (Section 720) places standards on these types of activities . Hours of operation are limited from 7 a.m. to 7 p.m. , Monday through Saturday. Maximum noise levels shall comply with the limits established by the MPCA and the EPA. Because this excavation is in a residential area, more restrictive standards may be desired. SAFETY The issue of safety should be addressed in an effort to limit liability. The applicant has slightly altered the slope and depth to a safer level . Staff is recommending a maximum depth of 3-4 feet for safety reasons . FUTURE EXCAVATIONS Staff recommends the City take a look at the bigger picture regarding excavation of wetlands . A study of wetlands should be conducted to determine which ones should remain untouched and which ones the City would allow to be altered. For • background information, I have attached an article from the January 3, 1993, Minneapolis Star Tribune regarding wetlands in the Metropolitan area. CUP, Steven Shoemaker Page 3 January 20, 1993 111 RECOMMENDATION Staff is recommending approval of the general concept of this request for a conditional use permit to excavate an estimated 19 , 000 cubic yards of fill in a Type 3 wetland in Royal Oaks Ridge subdivision. Staff feels the concerns raised at the December Planning Commission meeting regarding traffic, safety, and neighborhood disruption have been sufficiently addressed. Should the City Council approve this request, Staff does recommend a detailed grading plan be provided by the applicant for review by Staff so details regarding drainage can be addressed. In recommending approval, Staff would like to emphasize that this is a residential area and particular attention should be given to protecting the residential nature of the area throughout the excavation project. Staff would recommend the following stipulations : 1 . TRUCKS ENTER AND EXIT THE SITE VIA THE MORRELL AND DESCHENES PROPERTY TO THE SOUTH, ONTO COUNTY ROAD 13 . WRITTEN PERMISSION FROM MORRELL AND DESCHENES TO USE THEIR PROPERTY BE PROVIDED TO THE CITY TO ENSURE THAT TRUCKS WILL NOT BE ROUTED THROUGH RESIDENTIAL STREETS . FURTHER, THE APPLICANT COMPLY WITH THE COUNTY REQUEST TO HAVE THE AREA "SIGNED" TO INFORM TRAFFIC OF TRUCKS ENTERING AND EXITING AND COMPLY • WITH THE WEIGHT RESTRICTIONS . 2 . FOR SAFETY AS WELL AS WILDLIFE PURPOSES, SLOPES SHALL NOT EXCEED 5 : 1 AND THE DEPTH SHALL NOT EXCEED 3-4 FEET. THE DNR GUIDELINES OF 10 : 1 SLOPES, 2-3 FOOT AVERAGE DEPTH, NATURAL VEGETATION ALONG THE PERIMETER OF THE POND, AND IRREGULAR SHORELINE SHALL BE MAINTAINED IN THE SOUTH 1/2 OF THE POND. 3 . NO FILL SHALL BE PLACED BACK INTO THE WETLAND BOUNDARY. 4 . SLOPES ARE STABILIZED AND PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. SUCH GROUND COVER SHALL BE TENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING. 5 . THE EXCAVATION SHOULD NOT DISRUPT THE OVERALL DRAINAGE PATTERN FOR THE AREA. 6 . THE APPLICANT PROVIDE THE CITY WITH A DETAILED GRADING PLAN AS OUTLINED IN TERRY MAURER' S LETTER DATED JANUARY 20, 1993 . 7 . THE APPLICANT REIMBURSE THE CITY FOR THE COST OF • REVIEWING AND INSPECTING THE EXCAVATION PROJECT. CUP, Steven Shoemaker Page 4 January 20, 1993 • 8 . THE APPLICANT OBTAIN THE SIGNATURES OF THE PROPERTY OWNERS FOR LOTS 8 AND 9 , BLOCK 4 , ROYAL OAKS RIDGE OR THESE LOTS SHALL BE EXCLUDED FROM THE REQUEST. 9 . THE HOURS OF OPERATION BE RESTRICTED FROM 7 A.M. TO 7 P.M. , MONDAY THROUGH SATURDAY. 10 . EXCAVATION ACTIVITY SHALL BE COMPLETED WITHIN 2 YEARS OF THE DATE OF THE APPROVAL. ( ITEM 7 \,t 41kRiver TO: PLANNING COMMISSION FROM: JANELLE SCHMITZ, ZONING ASSISTANT,_W DATE: DECEMBER 16, 1992 SUBJECT: CONDITIONAL USE PERMIT REQUEST BY STEVEN SHOEMAKER "EXCAVATION OF A WETLAND"/PUBLIC HEARING, CU 92-025 APPLICANT Steven Shoemaker, 11106-190th Avenue NW, Elk River. Property owners : Steven and Susan Shoemaker, 11106-190th Avenue NW (Lot 6, Block 4) ; Jack and Sharon Ellis, 11094-190th Avenue NW (Lot 7, Block 4) ; Dean and Joann Desmith, 11058-190th Avenue NW (Lot 10, Block 4 ) ; Dennis and Barb Mitchell, 11042-190th Avenue NW (Lot 11, Block 4 ) . Lot 8 and 9, Block 4, are vacant, however, they are included with this request. REQUESTED ACTION The applicant is requesting a conditional use permit to excavate roughly 31,250 cubic yards of black dirt from a Type 3 wetland to construct an open water pond for wildlife viewing. • SITE ZONING/LAND USE Ric, single family residential/MR, medium density residential. SURROUNDING ZONING/LAND USE All directions : Ric, single family residential/MR, medium density residential . CITY SERVICES These lots are served by City sewer and water. LEGAL DESCRIPTION Lots 6, 7, 8, 9, 10, and 11, Block 4, Royal Oaks Ridge. A map is attached which shows the location of the affected property. BACKGROUND The applicant is requesting a conditional use permit which would allow him to excavate roughly 31,250 cubic yards of black dirt from an existing wetland located in Royal Oaks Ridge. The black dirt generated would be removed from the premise and sold • by the contractor. It is unclear at this time whether the black dirt would be stock piled on site until it was sold or if it would be removed immediately and sold elsewhere. The proposed pond would measure approximately 450 ' x 390 ' , 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 approximately 3 acres, and would maintain an average depth of 5 ' . The plans show that the project would be completed in two phases and would take approximately 2 years to complete. In September of 1992 , the Elk River City Council adopted an • ordinance amendment which regulates excavation activity. According to this ordinance, excavation or the removal of fill from a site is subject to a conditional use permit, mineral excavation license, and zone change. If the project is completed in under 2 years, it is only subject to the conditional use permit. Mr. Shoemaker's request meets this exception. Excavation, grading, or filling in a wetland area which encompasses more than one parcel also requires a conditional use permit. This is done to give adjoining property owners input regarding changes in the composition of a wetland that abuts their property. Wetland Conservation Act In addition to being subject to City ordinances, this request is also subject to the 1991 Wetland Conservation Act, adopted by the State legislature. This act regulates activities in wetlands by requiring multiple agencies to review requests . Staff has notified the DNR, the Army Corps of Engineers, the Soil and Water Conservation District (SWCD) , and the Board of Water and Soil Resources (BWSR) in regards to this request. Attached is a letter from Dale Homuth, area hydrologist for the DNR, dated December 8, 1992 . Although this wetland is not • protected by the DNR, Mr. Homuth has some interesting comments in regards to altering a wetland in the manner proposed. Mr. Homuth states that he does not feel the proposed alteration should be considered a wildlife habitat improvement. Mr. Homuth also suggests several alterations to the plan if the City does approve the project. Also attached is a letter from Ben Wopat of the Army Corps of Engineers, regarding this request. Because this is not a navigable water and no fill will be placed within the wetland area, a permit from the Department of the Army is not required. Staff is still waiting for responses from the SWCD and the BWSR. The proposed permanent rules which will take affect in July 1993, will regulate changing the type or value of a wetland, therefore, response from BWSR is of particular importance. We hope to have their comments available for Tuesday's meeting. Terry Maurer, City engineer, has reviewed this request regarding issues such as traffic, street disruption, and drainage which need to be addressed. Mr. Maurer' s comments are found in the attached letter dated December 3, 1992 . TRAFFIC • The proposed project involves the removal of 31,250 cubic yards of black dirt in a residential area. Considering that a regular tandem truck can carry approximately 10 cubic yards of fill, this proposed project would involve 3, 125 trucks entering and leaving Royal Oaks Ridge subdivision through residential • streets . The applicant has reviewed alternative routes such as the Morrell property (to the south) , however, these may not be viable options . Staff firmly believes that in addition to the normal construction activity in Royal Oaks Ridge subdivision, 3, 125 trucks in a residential area would place an undue hardship on neighboring residential properties and would ultimately affect the use and enjoyment of their property. The planning commission should also consider some of the affects of additional truck traffic on residential streets . Mr. Maurer states that the City should inspect the streets prior to the excavation project and require a cash surety in the event that the roads need repair after the project is completed. Mr. Maurer also recommended the applicant should be responsible for regular cleaning of the streets to avoid sediment entering the storm water system. Staff believes the traffic issue and related road condition issue are the primary concerns with this request. This project is not considered an ongoing mining operation according to the City ordinance, however, it is intended to last about two years . Staff feels that subjecting residents of Royal Oaks Ridge to two years of heavy truck traffic would not be appropriate. • DRAINAGE Terry Maurer has reviewed drainage with this request. It is his opinion that although the project will not improve drainage in the area, it should not have a detrimental affect on it either. SAFETY Dale Homuth, DNR, addressed several changes which he would like to see implemented if this request is approved. One of those changes involved reducing the slope to 10 : 1. This would make the pond safer for children playing around the pond as well as fulfill the needs of wildlife in the area. Mr. Homuth also recommended that the depth be decreased to 2-3 feet. WILDLIFE The applicant has indicated he wishes to construct an open water pond for wildlife viewing. Mr. Homuth's letter states that this type of excavation should not be considered an enhancement for wildlife purposes as many of the features of this pond are contrary to the needs of wildlife, particularly the depth and slope. Mr. Homuth states that an irregular shoreline, variable contours along the bottom of the pond, and • natural vegetation along the edges of the pond should be maintained in order to make the pond useful to wildlife. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan for the City of Elk River is to develop, preserve, and protect environmental resources within the City. These resources include wetlands, open space, water and air quality, and natural ecosystems . • Policies outlined in the Comprehensive Plan include restricting development of wetlands, the removal of natural vegetation, and alteration of contours and soils . These policies can be found on page VII-2 of the Growth Management Plan. CONSISTENCY Recently, Jerry Smith removed 39,000 cubic yards of dirt from the Deerfield III Subdivision. This caused much concern to the residents of the area due to erosion and increased traffic . The Shoemaker request involves nearly the same amount of material in a residential area. The ordinance regarding mineral excavation has been amended since Mr. Smith's activity and certain types of excavation are now allowed in residential zones through the conditional use permit process . However, staff feels this amount of fill being removed and transported through a residential area along with the traffic, noise, and other affects of the operation are too great for a City sewered residential area. Staff has received many requests to alter wetlands . A policy or position should be established as to whether the City supports this concept or if certain wetlands should be protected from alteration. CONDITIONAL USE PERMIT STANDARDS • Conditional use permit requests should be measured against the seven standards as outlined in Section 900 .42 of the Elk River City Code. Subparagraph 1 : Staff believes the use will detrimentally affect the use and enjoyment of other property in the immediate vicinity. Staff bases this finding on the increase in traffic, noise, and the inconvenience of having 3, 125 additional large trucks driving through an already busy residential subdivision. Subparagraph 2 : Based on the goals and policies outlined in the Comprehensive Plan under Section VII which seeks to preserve and protect environmental resources, staff does not feel this request is consistent with the Comprehensive Plan. Subparagraph 3 : Staff feels the request basically meets Standard 3 regarding the normal and orderly development of surrounding vacant properties . Once completed, the proposed pond should not negatively affect surrounding development. Subparagraph 4 : Staff believes the use will adversely • affect public facilities (such as streets) due to the amount of truck traffic created by the use. This use will create traffic beyond what should be expected in a residential area. • Subparagraph 5 : Staff feels the use will be detrimental to people because of excess traffic and noise, and possibly smoke, fumes, and dust. It would be unfair to subject people in a residential area to this type of use for a period of two years . Subparagraph 6 : If the request were approved, a natural feature (the wetland) would be altered but not destroyed. Staff is not aware of other scenic or historic features in this area. Subparagraph 7 : If approved, the use would be subject to other codes including hours of operation for construction activities, soil erosion standards, slopes, etc. A mineral excavation license would not be required as the use is proposed to be completed within a 2 year time frame. RECOMMENDATION Staff is recommending denial of the request for a conditional use permit to excavate 31,250 cubic yards of black dirt in a Type 3 wetland in the Royal Oaks Ridge subdivision. Staff feels this request does not meet the seven standards for a conditional use permit. Staff is particularly concerned with the traffic generated by the proposed use and the affect that • the use would have on the residential area due to the magnitude and duration of the project. If the applicant were to find an alternative route for trucks to use and if the plan were altered to comply with the DNR recommendations which would downsize the pond and thus reduce the length of time it would take to complete the project, staff would be more supportive of the request. These changes would alleviate the concerns regarding traffic and other disruption to the residential area. Further, staff would recommend the following stipulations : 1 . THE TRUCKS ENTER AND EXIT THE SITE FROM AN ALTERNATIVE ROUTE, NOT THROUGH THE RESIDENTIAL STREETS. 2 . FOR SAFETY, AS WELL AS WILDLIFE PURPOSES, THE POND MEET THE DNR RECOMMENDATIONS OF 10 TO 1 SLOPES, 2-3 ' AVERAGE DEPTH, MAINTAIN NATURAL VEGETATION ALONG THE EDGE, AND IRREGULAR SHORELINE. 3 . NO FILL BE PLACED WITHIN THE WETLAND BOUNDARY. 4 . APPROVAL IS CONTINGENT ON BWSR AND SWDC COMMENTS. • 5 . THE PROJECT BE DOWNSIZED IN DURATION AND SIZE TO MINIMIZE THE AFFECT OF THE OPERATION ON THE RESIDENTIAL AREA. 6 . SLOPES ARE STABILIZED AND PLANTED WITH GROUND COVER SUFFICIENT TO CONTAIN THE SOIL. SUCH GROUND COVER SHALL BE TENDED AS NECESSARY UNTIL IT IS SELF SUSTAINING. • 7 . THE EXCAVATION SHOULD NOT DISRUPT THE OVERALL DRAINAGE PATTERN FOR THE AREA. 8 . THE APPLICANT PROVIDE STAFF WITH A NEW SITE PLAN SHOWING THE RECOMMENDED CHANGES. *CORRECTION NOTICE: Lot 9, Block 4 is no longer vacant as indicated on page 1 of this memo. It is owned and occupied by Michael and Karen Wiest of 11072-190th Avenue NW. The Wiest's and the owners of Lot 8, Block 4, have not signed the application as of yet. January 21, 1993 • • -... .... - ts...... . - • a'',.. , 1 • I ' . r. , ----7---, SOIS:Ci. .•''s . —, - — ; .,. • . MIR 1 11:1 1(''---''.'''-'--•,..__.,_........:b....„, ------- 3 ' 4.• . — 3 .... ;;;--1-• Isv . .....\.„..., 1 •.°. 3 f;- - •. 2 . i ' i ; •' A.' T 0 L __ , -1 ------- . - __AI' •. --, Wil IIIIII . .' 4' 'i . 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E i.,..._,.mu= -- - ""A! 91:d14 • • _ - 5•AI d It ni,FiliC 2# • rw- sr • ' • ie •g., ...7 • pros's 1 •_. . _ ____ .t.. 411%Z{N • .r. sr . ------ --itit T,,F•• _.a...1 :____ _1'.° o• sat) ST ... 1,, -•'5- a r• I `41o,oi• 8 sr go " ,. ...,Nit ,..„.... 1 , In, 1 • ... a _,.._.,:ur pa:, ,,„„„,-; ,=, . ;. a. \III . ANN\ • .. ... ,.. ,v .,..1 5,7 • • 2 . i . I • .--.... I C 0 AO NO [2 _______ illisSTel*. Ave. _mx , 4 • ‘ ' - I 0 ' •, \ A ' t a • • % e• : _' _, f ...L.. \ /—_______.______ , - - . 24,1•4 ' 1 SHERBURNE COUNTY AB PAT RASMUSSON ABSTRACT TITLE CO. PR •CATHYY BAILEY SEC./TREAS. 11/3/92 BONI CULLEN MANAGER Based on the examination Property owners of real within n estate records Lots 6, feet radius of the I find the Minnesta, land describedfollowing are 7, 8, 9, 10, and 11as Block follows; Forest Oaks 4, Royal Oaks Ridge Sherburne Thomas Cruz Condos, Inc. , 11413 County T. Lee , 11145 190th Ave NW Hanson Blvd, Robert Deve, Corp. , 7038 � Coon � UnderwooBrooklyn EBlv ,River, MN 55330 Rapids, 55433 Michael Twaddle, ' 11134 190th Ave NW ' Brooklyn Center,553 Steven Newry, 1, 1 994 Zane St NW, Elk Rivlk er, MN 5530 55429 Ziegler Const 190th Ave River, Lloyd Hil ruction � Elk River, � 55330 Kennethgart, 11067 Co. , Inc. P.O.Box 55330 Jordan, 190thAve NW87, Elk River, Donaldn19013 Yale Circle Elk Elk River, MN 55330 FrancisMorrison, 19029 Yale , Elk River, r5�5330 O'Keefe, 19033 Circle NW 55330 Ink Edward O'K efe, Yale Circle ' Elk River Kevin Frinzi, g, 19032 Yale Circle' Elk River, MN 55330 David Baer, 11113 2192 Yale Circle NW, E1 ' Elk River, 55330 14, River 55330 Harvey Carpenter, 11139 190th Elk River, �' � 55330 pert To Patrick, 18993 Ave NW, Elk River, Erin �`'nc;-19005 Zane St St NW, Elk River 55330 Worthley, 19005 Elk MN 55330 t. David Dunham, 19017 Zane St NW, Elk River, MN 55330 Larry Morrell, Zavier St NW Rive , MN 55330 Stephen 841 Line Ave NW , Elk River, MN Hartman, 19075 , Elk River, 55330 R & S Builders, avier St 55330 Michaelif hSettergrInc. ,In9002 19087 180th Ave,Elk River, MN 55330 Kne, ren, 1 Zane St NW Elk River, MN 55330 GreDouglas Kne, 1902th Ave NW, W , Elk River, MN 553 David a'°, 1108/1094 1902th Ave NW, k River, , 5533030 Donald Spotts, Ave NW , Elk River, MN Patrick potts, 19044 Xavier NW, Elk River, 55330 DanielKOrte, 19031 �, Elk River, MN Nickols, Zane St NW, Elk River MN 55330 Larry Morrell 11178 190th Ave MN 55330 MN 55 330 Ervin Morrell, 841 Line Ave NW , Elk River, Thoma"arse,Claassen, 189 0 Twin Lakes Rd River, River,55330MN 5 oma CU �•� Twin Lakes �a, Elk �,.<`` e fdF�,e�, i3o/3 , Elk River, MN 55330 ,'�� \- mese �,� U/�GiA , NeSvc MN 55330 vs, `– ��P% RACZ , '''9,s,t'esessstttt t 317 KING AVENUE• ELK — • RIVER, MINNESOTA 55330• (612) 441-3280 Meso:a %� ?A Affiliated with American Land Title Association ' , , , , Ji. t • ..„. ` fr Excavated Ponds P ;iK1,:t' t � I t , for ,r,-,,,,,, t ��j\f ���� 5 �t Ir \Wàterfowl ,ii,,,, ,,04,....:x 5tF r'..,?:,9;',.`4f* , r„ ,,,,,,,, ,, ,,, :\..tii, ,..: l'i` 11`4'7,\ 6 ,} , x F 7.)_--- i, , .-- ` _•.4‘..1.44.„._4 r; r'a9 -'r 4A - r 1 -5- `3 4a ( f `. 1 :Z”. .. 1 S:�1 k lid' `i s, , _,. . ____...,.._ . :,--) ___*-„,„ , _,..___ y ., _, ,___. _;,.., , ,, — __, _ x"1.11, -i .vt _ . , ...v.,...),.,!,:f..-- _ __ —4.„=„..„,____ _ _-,,.4-..,,,,,,,,T,r- ir:: _,,.....,_._,,,..„,, • - qc ID Landowners frequently ask natural resource agencies Waterfowl use dugouts primarily for courtship and how they can improve their land for waterfowl. Specifi- territorial sites, and must have other wetlands to cally,many people wonder if excavating ponds will help. fulfill feeding and brood-rearing needs. Small dug- This brochure will outline when and where dug ponds, outs (less than one-half acre) are used mostly in or"dugouts", can be beneficial, and provides construc- spring or fall migration, less so in summer. Larger tion guidelines for optimum waterfowl benefit. Refer to dugouts will get more summer use, if they're the our"Ecology of Wetlands" brochure for more informa- right depth (1.5 - 3 feet). tion. You should not excavate a dugout in an existing SHOULD YOU CONSIDER A DUGOUT FOR wetland,especially one with open water. This can YOUR PROPERTY? destroy the existing wetland by draining surface water off. Excavations should be outside the edge of Dugouts should be considered only where other wetland the wetland,where the water table is still adequately management options are not possible. Before you high. Cattail-choked wetlands are an exception to decide to excavate a pond,you should survey the site to this rule,where vegetation covers the entire surface determine if other options, such as ditch plugs, tile of the wetland,and surface water is rarely present. In breaks, or dikes would work. Wetlands restored by these cases,it may be acceptable to dig in the wetland • reducing drainage are always preferable to dugouts. basin,but you should still stay close to the edge. For these projects, you will need to observe permit In general, dugouts should only be constructed if there requirements described below and should talk to the are other open-water wetlands within one-half mile. local DNR Wildlife Manager. CONSTRUCTION GUIDELINES ,,I,, .,11/, .�11/. .11/. .11,,. ,11,,, .11/, ..1,, ,11,. ,11/, ., `I/ ,, .,I,, .0/,. ,,„ .JI/,, 1, i,,. ,1,... .,r,, .,1/. ,111. .. 1.PERMITS. Wetlands are protected by several laws, 5 ,", .1,/ , 11 " and a permit may be required for your project. Four ot,, .5,w. government agencies regulate wetlands,and should be .i1 ,,,,, %if. contacted if you will be working in an existing wet- "'"' land. These agencies are: U.S. Army Corps of Engi- s„, neers, USDA-Agricultural Stabilization and Conser- 1 inch=20 feet vation Service (ASCS), the DNR Division of Waters, and your city or county zoning office or local water- shed district. Phone numbers for the first 3 agencies •,, ;,I,, 1/, are given at the end of this brochure; check your local "' 11' directory for the number of your local office. stli ,I,. .1,,, ,11(I,, 0111, 2. DEPTH AND SLOPES. Waterfowl need shallow ,1,, water. When filled with water,your dugout should be ,,,,"1'5. ..U,, 111, no more than 5 feet deep. In mid-summer, much of ,I,, I(..,, 011 X your dugout should be less than 3 feet in depth. Your 1 '"', pond should generally have the following depths i when it is full (as in spring): 1• ,,, ,,, s`` ,1 .11,, ,I,, Olt, 51/, ,. 11, . i; "1/, ..11 •11,,. Pct. of Pond Water Depth at this Depth Likely Result Figure 1. Topographic diagram of a good basin design; this design emphasizes shallow slopes and depths(each line • 0 to 1 foot 5 to 15 Cattails/emergent represents one foot of depth), and good shoreline features. vegetation, usually Adjacent uplands are seeded to native grasses. dry by July. 1 to 3 feet 40 to 70 Mixed emergent A pond bottom with variable depths (i.e.,an undulat- vegetation and ing bottom)is very desirable. This allows an intersper- open water, dry in sion of vegetation and open water which is very drought. attractive to waterfowl. Some biologists prefer to construct dugouts with one deep side to ensure water 3 to 5 feet 25 to 40 Mostly open availability and allow for viewing of waterfowl. Figure water, dry in 1 shows an example of a good basin design from the severe drought. perspective of slopes and depths. If you are constructing a dugout in cattail-choked 3. SIZE. Waterfowl use all sizes of wetland, but wetlands, you will not be able to achieve the above usually, bigger is better. In building your pond for depths. In these cases, the slopes of your dugout will waterfowl you should consider a minimum size of have to be fairly steep. This is okay as these dugouts 2500 square feet (equal to a square with 50 foot long will function mostly as territorial sites,and may not be sides). Larger, irregularly shaped ponds are preferred, heavily used for feeding. Maximum depth still should however costs get quite high. not exceed 5 feet.In mineral soils,steep slopes prohibit growth of desirable vegetation,encourage erosion,and 4. SHORELINE FEATURES. A pond with a shore- reduce waterfowl use. As much as possible, grade the line which is irregular,and has many points and bays, a slopes of your basin at a 3:1 (steep) to 10:1 (flat) ratio. is more attractive to waterfowl than a dugout with a Flatter slopes are better,which is not the same as a flat straight shoreline. Plan your dugout to have as much bottom. shoreline as possible, as in figure 1. 5.NUMBER AND DISTRIBUTION. As explained from the wetland basin and not piled adjacent the above,your dugout should be near an existing shallow dugout. The edge of the dugout should not have a marsh for brood-rearing purposes. If you have ad- discernible"rim";that is,the slope should be continu- equate space and funding, you can consider digging ous below and above the water surface,as shown in the more than one dugout. In general,two closely-spaced cross-section in figure 2. small dugouts will receive more use than one larger dugout. If you construct more than one pond, space Finally, all disturbed uplands and spread spoil should them about 100 to 300 feet apart. Ponds can be closer be seeded to native grasses for a minimum of 150 feet if tall vegetation screens the ponds from each other around the dugout. This will provide waterfowl cover, (breeding ducks are territorial and won't tolerate oth- minimize weed growth, and prevent sedimentation ers of the same species if they can see them). within the basin. Providing 4 acres of upland nesting cover for each acre of wetland is best for duck produc- 6. ISLANDS. Dugouts less than two acres are too tion. Do not plant trees near your dugout; these serve small to include an island. As an alternative you can as predator perches and dens, and will reduce water- use nest baskets, boxes or floating rafts for nesting. A fowl use. Use nest boxes to attract wood ducks. floating log, anchored in place, provides an excellent Remember to get any necessary permits before you site for waterfowl and turtle loafing. See our brochure start digging! entitled "Artificial Structures for Waterfowl." 8.FINAL TREATMENT. The clay and sand under- 7. SPOIL. Excavating a pond means you end up with lying most mineral soils are very sterile and won't a lot of soil removed from the dugout; this is called support plant growth. In order to establish a food "spoil."Spoil must be carefully dealt with to optimize chain in your dugout, you must provide an organic waterfowl use. In peat soils and cattail-choked wet- base. This can be accomplished by spreading 4"-6"of . lands, you should remove the spoil from the wetland black topsoil over the entire excavated area. This can if at all possible. Again, check with the appropriate be the topsoil you originally removed(and stockpiled) agencies (see list at end) to determine if you need a from the site when you started digging. Another permit. technique is to spread 2"-6" of clean upland hay over the excavated surface (wild hay can spread noxious In mineral soils,the top 6"-12"will probably be black weeds). Both can be used simultaneously. Once topsoil, high in organic matter. This should be saved covered with water, either of these bases will quickly separately for later spreading over the excavated bot- allow vegetation and insects to grow, providing the torn. The underlying nonorganic soils (clays, sands, building blocks for a desirable marsh. Don't worry etc.) should be moved to an upland site and spread about planting aquatic plants in your basin-they will evenly. It is important that this material be removed establish themselves naturally in time,given a suitable site. ' I Feet ti � i I I I0 o0o.Q° O . O . � . ro.QOOon�Qaa�dO00Qo :' 6'' ' ••. b'a Qn.0bop:o 00p; oO0o2 O�O O 0.. Q�d00�p .6 6. � qQ• —?aQott ;o 00 O : p 0 _ oz00 .:, ri O. O 10 20 30 40 50 Feet Figure 2. Cross-section of pond bottom showing smooth, shallow grade at waterline,and undulating bottom contours. SOME OTHER CONSIDERATIONS ADDITIONAL ASSISTANCE . In general, a bulldozer or scraper is best capable of Most resource agencies discourage the use of dug ponds constructing ponds as they can be fairly precise in for waterfowl because of their high cost. However,you "sculpting" the landscape. A backhoe (power may be able to get some further technical or financial shovel) or excavator can do a good job, and a assistance. Some county ASCS offices will cost-share dragline can produce fair results. The nature ofyour construction costs through the Agricultural Conserva- project will likely determine to a large degree exactly tion Practices (ACP) program. Local SCS or Soil and which equipment is used. If you have a dry site, use Water Conservation District offices may be able to a dozer, scraper, or backhoe. If it's a wet site, a provide further technical advice. The DNR Section of backhoe or dragline must be used. Minimize the Wildlife can give general advice for your area,and should disturbance to existing vegetation around your dug- be checked for permit requirements. In forested areas of out or you will encourage undesirable weed the state,your DNR forester may be able to provide cost- growth. Blasting with dynamite or ammonium sharing through the Forest Stewardship Program. Fi- nitrate gives unsatisfactory results, is dangerous, nally, local and statewide clubs may offer cost-share and should not be used. assistance; check with them for specifics. AGENCIES WHICH REGULATE WETLANDS OR PROVIDE TECHNICAL OR FINANCIAL ASSISTANCE FOR WETLAND PROJECTS AGENCY FUNCTION PHONE NUMBER • Agricultural Stabilization Regulatory& (612) 290-3651 and Conservation Service financial assistance Army Corps of Engineers Regulatory (612) 220-0375 DNR- Forestry Technical & (612) 296-4491 financial assistance DNR-Wildlife Technical assistance (612) 296-3344 DNR-Waters Regulatory (612) 296-4800 Soil Conservation Service Technical assistance (612) 290-3675 Itnesote ©1992,State of Minnesota,Department of Natural Resources. Printed on recycled paper. e • • ��SnnTATE OF ��nn �J U�J U E Z D T3Q • DEPARTMENT OF NATURAL RESOURCES PHONE No. DIVISION OF WATERS , P.O. BOX 370, ST. CLOUD, MN 56302 FILE No. (612) 255-4278 December 8, 1992 , actria DEC 9 1992 City of Elk River Janelle Szklarski,Zoning Assist. 720 Dodge Ave. NW Elk River, MN 55330 Dear Janelle; COMMENTS ON STEVEN SHOEMAKER WETLAND EXCAVATION PROPOSAL Thank you for sending me the plan and hearing notice for the proposed 31,000 cubic yard wetland excavation located in Royal Oaks Ridge and proposed by Steven Shoemaker. If excavated, the resulting pond would be roughly 3 acres in area and averaging five feet in depth. This proposal will not affect any public water wetlands. Therefore, approval of the DNR is not required for this project. However, as I have noted in previous discussions with city officials, the DNR is not always in favor of this type of project. The U.S. Fish&Wildlife Service's National Wetland Inventory indicates that a type 3 wetland already exists at this location. Excavation of this wetland may not benefit wildlife in the area. A heavily vegetated wetland often • provides more habitat for various species of wildlife than does open water. Also,the vegetated wetland often provides for better filtration of run-off than does an open water pond. While I do not necessarily oppose this particular project, I feel that it should not be considered a wildlife habitat improvement. The real purpose of the project appears to be to either provide black dirt for the contractor or to create an open water view for several home owners. If the City decides to approve this project, I would suggest some modifications to the proposal. The shoreline slope should be made more gradual. A 10 to 1 slope is recommended by wildlife managers because it allows for a wider band of emergent aquatic vegetation and it is considered safer for children playing around the pond. The proposed 5 foot depth is excessive for wildlife habitat and much too shallow for fish habitat. More than 12 foot depths are required to have a chance of supporting fish through a Minnesota winter: Even then,aeration will probably still be required. Depths more than 2 to 3 feet are considered unnecessary for most waterfowl species. It is recommended that the pond have variable depths(see attached brochure). Finally,irregularly shaped ponds provide more attractive wildlife habitat. The shape proposed for"phase 1"is preferred. Adding the"phase 2"area will not enhance the quality of this wetland. Thank you for your consideration of these comments. Please feel free to contact me if you have any questions. Sincerely; L/ AX- Dale E. Homuth Area Hydrologist ENCLOSURE • cc: Dave Hills, Regional Hydrologist Dale Ebel, Area Conservation Officer AN EQUAL OPPORTUNITY EMPLOYER DEPARTMENT OF THE ARMY lik C l I V t U JUN 1 9 1992 41"/ ST.PAUL DISTRICT,CORPS OF ENGINEERS wl `: 4 0", y 180 E.KELLOGG BLVD.,ROOM 1421 I�\ lie INTI ST.PAUL,MINNESOTA 55101-1479 June 18, 1992 4110 REPLY TO ATTENTION OF Construction-Operations Regulatory (92-05217-NP-YSB) Ms. Janelle Szklarski City of Elk River 720 Dodge Avenue Elk River, Minnesota 55330 Dear Szklarski: We have reviewed the information provided us about a project of Steve M. Shoemaker to construct a wildlife pond measuring 500 feet long by 350 feet wide in an unnamed wetland area. The project site is located in Sec. 26, T. 33N. , R. 26W. , Sherburne County, Minnesota. The work proposed at the location stated is not within the regulatory jurisdiction of the Corps of Engineers. No work will be done in a navigable water of the United States, and no dredged or fill material will be placed in any water of the United States, including wetlands. Therefore, a Department of the Army permit is not required to do this work. • This letter is valid only for the project referenced above. If any change in design, location, or purpose is contemplated, contact this office to avoid doing work that may be in violation of Federal law. PLEASE NOTE THAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL, OR OTHER AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL RESOURCES OR COUNTY. If you have any questions, contact Yvonne S. Berner in our St. Paul office at (612) 220-0365. Sincerely, pn Wopat Chief, Regulatory Branch Construction-Operations Division 410 t v „.;4 DEC 1ft • CONSULTING ENGINEERS Maier Stewart & Associates Inc. December 3, 1992 File: 230-000-00 Ms. Janelle Szklarski Zoning Assistant City of Elk River 720 Dodge Avenue NW Elk River, MN 55330 RE: STEVEN SHOEMAKE WETLAND EXCAVATION Dear Ms. Szklarski: As requested, we have reviewed the information you provided relative to the Steven Shoemake request to excavate a wetland in the Royal Oaks Ridge subdivision. Based on our review, we • offer the following comments: 1. The area in question appears on the National Wetlands Inventory; therefore, it is likely a permit from the Corps of Engineers is necessary. 2. The proposal indicates approximately 31,000 cubic yards of excavated material is to be removed from the site. Assuming the typical load would be 10 cubic yards, this means there would be 3,100 truck trips in and out of a residential neighborhood. 3 The anrliention in!dic tes the excavated material would be sold as black dirt and would be removed over a two year period. This leads to the question of whether it will be removed and stockpiled then sold, or only removed once it is sold. If the material is planned to be sold prior to removal, the question is where is the market for 31,000 cubic yards of black dirt the next two years. 4. If this operation is allowed, we would recommend the City inspect the roads prior to it beginning, then require a cash surety be placed to cover any damage to the roads in the area. Also, operations should not be allowed during the spring when roads are more susceptible to damage from heavy loads. Hours and days of operation should also be limited. • 1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-774-6021 9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS,MINNESOTA 55441 612-546-0432 • Equal Opportunity Employer Ms. Janelle Szklarski December 3, 1992 • Page Two We also recommend a schedule be established for cleaning the neighborhood streets. Depending on how the operation is run, this could be as often as daily cleaning with a pick-up sweeper. Certainly no less often than weekly. Again, a cash surety should be required to ensure this is adequately addressed. If you have any questions or need additional information, please call. Sincerely, MAIER STEWART & ASSOCIATES, INC. ,f) TenY J.`Maurer, P.E. TJM:tp 000-0304.dec • 110 t Elk River Planning Commission Page 5 December 22, 1992 • 6. Consider Conditional Use Permit Request by Larry Leitschuh/Public Hearing Janelle Schmitz, Zoning Assistant, explained the applicant, Larry Leitschuh, 9110-83rd Avenue N, Brooklyn Park, MN, is requesting a conditional use permit to operate a health facility (aerobic studio) in the Elk River Mall. The owner of the proposed facility is Janelle Swanson of Monticello. Ms. Schmitz continued: Janelle Swanson is interested in locating a health facility in the Elk River Mall at 692 Freeport Avenue. The facility would primarily be used for aerobic exercise classes. According to the Elk River Plaza PUD agreement, commercial recreational uses such as this are considered a conditional use, therefore, a conditional use permit is required. The site plan shows a new sound wall will be placed along the perimeter of the site. The proposed hours of operation are 8 a.m. to 8 p.m. Because the facility is located within a shopping center, the parking requirement does not need to be addressed with this request. Staff is recommending approval of the conditional use permit request to operate a health facility in the Elk River Mall and recommends the following stipulation be added to this approval: The space be sound proofed. • Chairman Nadeau opened the public hearing. There being no comments from the public, Chairman Nadeau closed the public hearing. Commissioner Spotts questioned why the planning commission had to review this request if staff could make the appropriate decision. Janelle Schmitz informed the planning commission that due to the conditional use status in this PUD, planning commission action is required. Further, staff plans to work with the City attorney and the developer regarding this PUD in an effort to make it more flexible. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO OPERATE A HEALTH FACILITY (AEROBIC STUDIO) IN THE ELK RIVER MALL, CASE NO. 92-026, CITING STAFF'S MEMO DATED DECEMBER 15, 1992, SUBJECT TO THE FOLLOWING STIPULATION: 1. THE SPACE BE SOUND PROOFED. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Consider A Conditional Use Permit Request by Steven Shoemaker/Public Hearing • Commissioner Spotts stated he is a property owner within the affected area and would abstain from discussion and voting on this item due to the perception of conflict of interest. Elk River Planning Commission Page 6 December 22, 1992 • Janelle Schmitz, Zoning Assistant, explained the applicant, Steven Shoemaker, 11106-190th Avenue NW, is requesting a conditional use permit to excavate roughly 31,250 cubic yards of black dirt from a Type 3 wetland to construct an open water pond for wildlife viewing. The Soil and Water Conservation District, the Board of Water and Soil Resources, and the Army Corps of Engineers reviewed this request and reported no problems with the request. Although the proposal will not affect any public water wetlands and approval of the DNR is not required, Dale Homuth, DNR Area Hydrologist, commented that the proposed alteration should not be viewed as a wildlife habitat improvement and suggested modifications. Ms. Schmitz expressed staff's concerns with the amount of traffic generated with this proposal. Considering the amount of fill being removed, the truck traffic in a residential neighborhood would be extensive. The applicant is researching alternative routes. Ms. Schmitz reminded the planning commission of Terry Maurer's letter suggesting the streets be inspected before beginning the proposed project. Staff believes the traffic issue and related road condition issues are the primary concerns with this request. Ed Stoutenburg, 19032 Yale Circle NW, asked if the pond would alter current drainage patterns. Ms. Schmitz responded as per the City engineer, it will not improve drainage in the area however, it should • not have a detrimental affect either. Ms. Schmitz indicated staff is recommending denial of the request for a conditional use permit to excavate 31,250 cubic yards of black dirt in a Type 3 wetland. Further, staff feels this request does not meet the seven standards for a conditional use permit. Ms. Schmitz stated staff is particularly concerned with the traffic generated by the proposed use and the affect the use would have on the residential area. If the applicant were to find an alternative route for trucks to use and the plan was altered to comply with the DNR recommendations, staff would be more supportive of the request. Chairman Nadeau opened the public hearing. Stephen Hartman, 19075 Xavier Street NW, asked if this pond would affect the normal drainage flow in the area when it is constructed and several years from now. Further, can a drainage study be done to eliminate concerns of this nature. Stephen Rohlf explained the current drainage pattern of the area and replied the City engineer and the Soil and Water Conservation District did not have any particular concerns regarding drainage patterns. Ms. Schmitz recommended the planning commission and the City require soil boring tests prior to the proposed excavation. In conclusion, Mr. Hartman stated his concern regarding the traffic in his neighborhood and that he is against the proposed wetland excavation. • After extensive discussion and given the complexity of the proposed excavation, the planning commission recommended continuing this item until questions can be resolved and presented more clearly. Ms. Elk River Planning Commission Page 7 December 22, 1992 • Schmitz recommended Steven Shoemaker return to the commission with a new site plan with several issues resolved (truck access/alternative routes, design, and amount of fill being removed) . Ms. Schmitz also requested the applicant show the gas lines on the revised site plan. COMMISSIONER JOHNSON MOVED TO CONTINUE THE PUBLIC HEARING FOR A CONDITIONAL USE PERMIT REQUEST BY STEVEN SHOEMAKER, CASE NO. CU 92-025, TO THE JANUARY 26, 1993, PLANNING COMMISSION MEETING TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Farmers Market/Bill Kennedy (Informational Item) Janelle Schmitz, Zoning Assistant, briefed the planning commission regarding a proposed Farmers Market by Bill Kennedy. The Farmers Market has been approved as a non-profit organization. The Kennedy's hope to begin operating on May 1, 1993 and remain open through the end of October. Two sites have been tentatively chosen from which to operate the Farmers Market: the downtown parking lot behind Johnson's Department Store and the Cenex location on Highway 10 and Hudson Street. The Cenex site is zoned C3 and allows produce markets, however, the downtown site is zoned Cl and does not. Also, signage issues need to be resolved: the Kennedy's indicated they wish to have a permanent sign as well as a banner at each location which would remain throughout the • entire season. The Kennedy's also indicated they would like to have several off-premise directional signs. Issues related to parking should be addressed prior to the Farmers Market opening. More information regarding the layout of the proposed Farmers Market is needed. It was the consensus of the planning commission that a Farmers Market would be an appropriate use in the downtown area, and they would be supportive of an ordinance amendment to allow such a use. 9. OTHER BUSINESS Commissioner Spotts reported the City Council requested a joint City Council and Planning Commission meeting, possibly in February, 1993. Commissioner Johnson requested staff review City liability regarding wetlands and ponds in residential areas and report back to the commission. Commissioner Spotts indicated he would not be attending the Annual Meeting in January, 1993. Stephen Rohlf informed the planning commission of a recent letter from Elk River Associates regarding a meeting January 7, 1993. The meeting will be a public meeting presenting the project to the public and receiving input from concerned parties. 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O 2 •.-- .,b'.�ti ti : I4 - I (Al I I t0--� V____ _ 1, • I -yrs �' >E ' NATURAL 492.00(DEED!-- N GAS ,yam `0Gi •� 'H%, 14". \\ OD -� �\,NORTHERN-.S 2_43•48•E �'+ n •O RA ! N A G E E AI9 E M E N T•• - - N CENTERLINE '-501.44(MEAS.!414;________,,,____N...,41,-- ti \` 5 \�! 0 lti W \a W •.N- u '� --- (b \\yetiaN\ \\ h , IV 1‘) N II; PI s. • 1 1( "- '` "'O �'h�r�•�h:._ CO. EASEMENT-•S 0.21'I2•W PER IDOC.B 1. I 471.38 �'r •#y /• �` \4b 263.83 N 95.00 115.00 1-- • S O°21'12"W• �\ 1325.81 EAST LINE OF THE SW 1/4 OF THE SW 1/4 OF SEC.26 H 39 '9'9241 J•0 1..I. '. o (7y 11 rA 5•�' ,0 a J•a w. a D. ,•O y .. c N s , 9 S 0'1 1.. 01 •..w. J I.. k 0 C a `a I+ CO C w.6 C a • G T b h mo LWV z. N a Iti b • • I b. w N6b I-. 0 • C • h•1 h r•••..c • oh 0•• ts 4 n n b 6 a h IC 6 rt 9 6 J J•tr y T J• 9(0q ?.C o ti h 0'•1 n'c6 C C b ID ',I a I--'c M b b ••1 a, , n 0 1 3 •• tr a h'40 m 0 J m 1:1 0 t� o o J• o o 0 0 A. .• w.•. D,,2 C C 0 I.,, P. \ h •Zi E - J •.2 trJ J ."01 M 5 a' 0n Co.0 CC 6 c;or ID aakh ^ a'O p w. 6 tr '< 4 'n -, Z 0 C '. I. tr i A. 'Q 0NI • b t s , 90 a , Itt0 • ID J o`C b 0 0 9 ••• ••• 01t a1• h I+ �.` h h 0 '1 21• •,6 ID C C.J a 01 1'. S 0 . 4 6 9• W N O ' 'bi b Ch h 5 •~•. 0 .• U 4 h C n a h•,1 1 0 'O n l• 6 3 0 h C I 1.... .\ f\ -. ^ O • CONSULTING ENGINEERS Maier Stewart & Associates Inc. January 20, 1993 File: 230-000-00 Ms. Janelle Schmitz City of Elk River 720 Dodge Avenue NW Elk River, MN 55330 RE: STEVEN SHOEMAKER WETLAND EXCAVATION Dear Ms. Schmitz: As requested, we have prepared this memo detailing issues we believe need to be addressed if the proposed wetland excavation is approved. We understand Mr. Shoemaker proposes to not use the City streets to remove the excavated material; therefore, the issue of damage to ID local streets is no longer relative. We also understand Mr. Shoemaker proposes to line a portion of the excavated pond with clay to ensure it retains water. If the proposal is approved, we would recommend the following items be required to be submitted, reviewed, and approved by staff prior to work commencing: 1. A detailed grading plan with one foot contours based on actual mean sea level datum, which details the proposed limits of excavation and grading work and also meets the requirements set in the approval process. 2. A calculation, based on the grading plan, of the total amount of material to be excavated which is within reasonable range of the requested 19,000 cubic yard amount. 3. Survey information, based on the same datum as the grading plan, which details the lowest floor elevations of all homes adjacent to the proposed pond and the elevation at the limits of the drainage easement. 4. Details of an adequate overflow structure to the pond which is a minimum of two feet below the lowest house elevation or one foot below the lowest elevation at the limits of the drainage easement, whichever is lower. • 1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-774-6021 9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612-546-0432 • Equal Opportunity Employer Ms. Janelle Schmitz • January 20, 1993 Page Two 5. Written proof of the ability to access the excavation site without the use of local streets. If you have any questions regarding these issues, please call. Sincerely, MAIER STEWART & ASSOCIATES, INC. Ce----€4742ate(9 Terry J. Maurer, P.E. TJM:tp 000-2102 jan S S , 1f3{;1:.t. ..i^, {!4h, '44 V; 'i-,i rZY ., i •7.... 1tr! ,.1.k•-,•.. •, )ti'1., At r .�� t;1- 'L Sr �•,���� `li, •€'Yf4•.:. L,{ •, wt t r-. ` -. • •1 I t �b p�1ky •y'f '� ti4tt•. "(:. �'+I t fir.,• '� �' ii ! 1+. t ) • • t '4rol;�?f l�SR{. cr air'' :iqi i tslt , l }ti. `r`,, 7 t: !1 •,+•, ,� , iAetrig �tf i r j, iia -s%• a xr i .14,. �s, tir. � 1 '� i 12.,41,‘,...„,. /.^i�" ':r,`;. f�, ,y it 1t'-t 44', `•r• t .t. .i J. �,,I't "'4. ,.'f '1,:'t. SUNDAY/January3/1993 NEWSPAPER OF THE TWIN CITIES 1 l i i fr. 4w ,. D . Ryi ! ()\V (im '.+-, t 11 - ` •�/` ,)1 ill x.7:5i..Yr,... I f, t 1 it o ,ate 1 i r t I ,t}1l�►' . * 1 t A -, 1''.. r • t>i ;' lif,l',rr:c�t: • -11 I ,t►iAS" - - - t f .'•:k74y, .; it ".k :14L1i>.. , , . . 11•'•` ,r ' aye M * u.. = j er_ 1 1, )1 '1) �� .,,��I c, t '!, f h Is' ' " 1r y)t 1 iltil !11 As suburbs in the Twin Cities area --i:4° l`''7. ° �Y continue to expand, vital wetlands ,t,,; •to• !� t,<, '- �- ,T .-"4.1. eN iii • .�t� .Ya ••.......i., • are being whittled away; no one is <<.4 f�. •, r'j'1','•.. !,t; sure exactly how many wetland - - - acres have been lost, and even state t ^.t , : 4. and federal preservation policies - • ' : �,: 4,, a• , ' ,. , � designed to save them have proved -= ,i a•..''_ '('Y '" ..•w.;•` l Staff Photo by Charles Bjorgen . questionable in their effectiveness. DNR's Cathy Brehm at a housing development site in Ramsey that was a wetlands area. By Mike Kaszuba to golf courses and shopping cen- land acres has created a classic con- ects continue to whittle away siz- and N9rman Draper ters.And while state and federal (list of growth vs. preservation. able chunks of wetlands. Staff Writers wetlands policy is aimed at"no net About 270,000 acres in the seven- loss"of wetlands, that goal clearly county Twin Cities area,one in Projects such as Interstate Hwy. Hundreds of acres of wetlands in has yet to be achieved. In fact, every seven acres,are defined as 394,the Mystic Lake Casino in Pri- the Twin Cities area have been lost regulators don't even know how wetlands. or Lake and the National Sports to suburban development since the much wetland has been lost. Center in Blaine have been built,at late 1980s,despite increasingly A review by the Star Tribune of least in part,on filled wetlands. tough state and federal measures Much of the loss is attributable to more than 600 wetland permits is- . meant to protect them. the expanding suburban sprawl of sued in the Twin Cities area since Wetlands are often lost on more the Twin Cities, in which rapid 1988,along with scores of inter- dubious projects.A federal wetland • :'Wetlands have been filled for ev- growth across a landscape speckled views with developers and regula- erything from homes and highways with hundreds of thousands of wet- tors,show that development proj- Wetlands continued on page 12A .I; 410 411 • Even projects deemed a success can 12A'. Sunday/January 3/1993/Star Tribune have serious side effects.Wal-Mart, A%; the giant Arkansas-based retailer,is DRYING In 1989,the U.S.Fish and Wildlife ' building a new store in Fridley,where it filled 2.4 acres of wetlands - IdV Service estimated that more than half 1 and agreed to create 5.7 acres of new of the wetlands in the Twin Cities wetlands.City officials were elated. • &W/ area had been lost to development But Wal-Mart's new wetlands,along since the area was settled.Since then with storm water runoff from its UP hundreds of permits allowing wet- parking lot,will flow into the nearby Wetlands lands to be filled have been issued. Spring Brook Nature Center.adding to those losses.Beth Kunkel, Wal- Mart is the latest of four new major Continued from page lA }wetlands consultant who frequently developments that,within the past works for Twin Cities developers, year,have surrounded the city- „permit was issued so Anoka could S;id,"The'no-net-loss'policy isn't a owned nature center and its wetland no-fill policy....We can't reason- ;,build a gazebo. In Plymouth,the Sil- ably believe that we can stop filling network.Siah St.Clair,director of ver Buckle Saddle Club destroyed wetlands." the nature center,said storm water wetlands to create a horse pasture runoff already causes a 3-to 4-foot and track. The loss is compounded by other rise in the wetlands'water levels and floods nesting areas for waterfowl. problems,from developers who try Today,wetlands are no longer to cut corners to suburbs and town- viewed as swamps and marshes to be IMuch wetland fill,such as the Wal- ships now charged with protecting I ,.,bulldozed wholesale. Most projects wetlands while seeking development Mart project,is driven by growth and 1 "that involve filling wetlands are lim- ventures that could endanger them. economics. In 1987,Mills Fleet Farm ited to a few acres or less. Gradually, wanted to build in Oakdale and fill wetlands have become recognized as5.3 acres of wetlands. The store Another wild card is"mitigation,"a ' important ecosystems that contribute federal requirement designed to re- promised to replace the loss through to wildlife,water purity and floodwa- place wetlands lost to development mitigation,and the city's community ter storage. with new,man-made wetlands. But service director urged federal officials such a requirement,which usually to grant the permit because of"the Some suburbs have enacted strict applies only to projects that fill more financial benefits that would accrue controls on development and corn- than an acre of wetland,doesn't guar- to the city."The permit eventually piled their own inventory of wet- antee good results. Duplicating na- was issued,the mitigation was corn- lands.And a tough new state law is lure is an imperfect science,followup pleted and the store was built. designed to force even the most re- checks are spotty and enforcement l calcitrant suburb to ensure that wet- Still other projects lands taken by development are penalties are rarely meted out.Often, compound dam- mitigation has resulted in the scoop- age caused by earlier wetlands loss. replaced. ing of a hole out of the ground— In a subdivision in Washington wetland in name only. County,the Corps of Engineers is- Totaling the loss of wetlands is all sued a permit to fill wetland for two �t impossible because federal and Some city officials and developers driveways.The Fish and Wildlife ate wetland regulators haven'tcharge that wetlands are overregulat- Service,trying unsuccessfully to stop tracked it. Only in the past few ed,and that too many marginal,un- the permit,said the wetland was"es- months has the U.S.Army Corps of sightly wetlands are being preserved sential to maintaining the water qual- Engineers. which regulates wetlands ity of Clear Lake. .. [which has] at the expense of development.They under federal jurisdiction,kept accu- argue that some net loss is inevitable already been impacted by residential rate records of what's been lost. Indevelopment." and generally favor a policy that fact,the federal count that puts the would save only larger wetlands. Monitoring compliance number of wetland acres in the Twin Cities area at 270,000,released in Meanwhile,the debate that pits wet- Wetlands protection in Minnesota November, is based on data collected lands against growth rages on,from involves a dizzying maze of overlap- in the early 1980s. the White House and Congress to ping jurisdictions and evolving regu- Furthermore.wetland draining isn't Anoka County and the Rice Creek lations.Although a host of watershed Watershed District. districts and cities regulate the filling even regulated by federal law,and only since eariv 1992 has it been of wetlands,two agencies—the onlycoven ba new Minnesotab law.nWetlands under pressure Corps of Engineers and the DNR— And there still isn't a federal report- A just-completed federal mapping of wield the most power. ing requirement for most wetland the seven-county metropolitan area projects filling less than an acre. shows that 14 percent of its total The DNR oversees large waterlogged acreage is wetlands. In rapidly grow- marshes and open-water wetlands. Some attempts have been made to ing Anoka County,28 percent.The The Corps of Engineers regulates all quantify the loss. One study by the pressure to develop wetlands in the metro-area wetlands,but generally state Department of Natural Re- Twin Cities area is so intense that the acts only on those that fall outside sources(DNR),which examined a Corps of Engineers spends one-third the DNR's purview.Because most of selected number of proposed devel- of its time regulating metro projects, 1 the small wetlands targeted for devel- even though the Twin Cities ac- i opment fall outside the state's juris- j opment projects,shows a projected net loss of 581 wetland acres from counts for only 4 percent of the diction,the Corps of Engineers issues mid-1988 to early last fall in the state's total land acreage. the bulk of wetland fill permits. seven metro counties of Anoka,Car- Some projects that fill wetlands are Corps officials concede that there has ver, Dakota, Hennepin, Ramsey, Scott and Washington.The losses driven by public purpose:A highway been a net loss of wetland acreage from 27 acres in Ramsey Øged by-pass in Shakopee,a new middle despite the no-net-loss policy.In inty to 410 acres in Anoka Coun- school'in Farmington,a hospital op- awarding permits,the Corps consid- Only Dakota County did not crating room in St.Louis Park.0th- ers more than just the environment; show a projected loss. ers are more questionable.Wetlands it also takes into account the need for were filled to create a ballfield in roads,houses,utility lines and the Maple Grove,which by the city's economic benefits that come from count already had 39 ballfields. • development.Corps officials also say that they lack the resources to regu- 1 late the smallest wetlands. I Many developers have found the ar- rangement confusing."You don't nent,not a temporary,permit.Al-' ' know if it's going to be the Corps of though things were finally resolved, . When the Corps of Engineers stallo4 Engineers,the DNR,ford the water- the process left Utecht angry about on the permit,the city went ahead shed district,"said James Schilling,a what he says is government incompe- with the work anyway.The Corps of Forest Lake developer who's often tence."We went to pull a building Engineers then issued a cease and clashed with the agencies over permit and this was dropped on us." • desist order.No decision has been ' wetlands. j made yet on whether to issue the Another complaint is that many . ; permit after the fact,or take punitive What's created even more controver- farmed-over wetlands are of such action against the city. sy is a federal procedure that grants poor quality that they don't deserve blanket approval to most projects protection.There are two classifica- Many developers complain that the.. that fill less than an acre of wetlands, tion systems for wetlands in Minne- stricter wetland laws have drastically and requires no mitigation for de- soca identifying at least eight wet- undercut property values.Ed Engler, stroyed wetlands.The streamlined lands types.Some often lack standing of Towle Real Estate is trying to sell a ' procedure is designed to remove red water.Many already have been de- 2.2-acre parcel in Crystal in which tape that might entangle small devel- graded by farming and road-building. half the land is wetlands. Engler said opments.But critics have dubbed it observing he hopes he can lure a fast-food res- the"1-acre-giveaway."Ted Rock- "What I'mg in the hundreds taurant to the site. well,director of Minnesota opera- of wetlands I've seen over the years is tions for the U.S.Environmental that the quality has deteriorated sub- But the property.despite being zoned Protection Agency,said,"I don't un- stantially,"said Franklin Svoboda,a neighborhood commercial,may only derstand how you can have a goal of wetlands consultant and wildlife biol- fetch 51.10 a square foot,far less `no net loss'and at the same time ogist in the Twin Cities area. than the 53 to 54 it would bring ,, have this hole in the program." without wetlands,said Engler. Ironi- Indeed,many wetlands simply don't cally,the first call Engler said he The DNR and the Minnesota Pollu- look the part,which can add to the received about the property was from I tion Control Agency(MPCA),in a confusion for developers who don't a man who wanted to get rid of some letter to the Corps of Engineers last know how to spot them. In Blaine, fill by dumping it on the wetland. year,charged that the procedure"un- for example,three different experts all looked at the same wetland and Suburbs get involved federalerriidirectivesnes our stato directiveompland the came away with three different esti- As a new sesitivity toward wetlands no-net-loss policy." comply withha mates of how bigit was. emerges. many Twin Cities suburbs, Recently,the Corps of Engineers has tentatively have begun to pay more attention to, agreed to decrease the maximum The only wetlands that are universal- them.A few have adopted specific . acreage it covers from 1 acre to one- ly recognized are what Ben Wopat, wetland ordinances,even if it means half acre. regulatory chief of the Corps of Engi- bucking developers. • neers'St. Paul District,called"Joe- Further complicating matters is the Six-Pack"wetlands:water-logged and Wetland protection has been forced state's Wetland Conservation Act of crowded with geese and cattails. on cities such as Maple Grove,which 991. Its purpose is to fill in the gap is laden with wetlands and is now • Problems with developers n the federal law by ensuring that no While some developers are s o histi- • gtWhen H remaining vacantland Hill,to wetland,no matter how small,can be p developers. g Po filled without mitigation. cated in approaching wetlands,oth- subdivision with 70 single-family • ers have less experience.An industri- homes,was proposed.citizens corn Loopholes in the laws al park that was being developed by plained it would destroy too many . But the law allows plenty of excep- Curt Leibel and Lenny Dupree near wetlands.That led the city to form a tions. For instance,projects ap- White Bear Lake was temporarily wetlands task force. • proved during the five years up to the halted by the Corps of Engineers be law's effective date of Jan. 1, 1992, cause"somebody reported us,"corn • - are exempt.Other exemptions are plained Leibel.Bill Short,a White A few suburbs,such as 1\en mo edi marred by loo holes,said Barbara Bear Township official,said the proj- and Chanhassen,have been more ag; p ect drained into Bald Ea a Lake and gressive. Mahtomedi adopted awet-, Ohman of the state Board of Water land ordinance last January and John and Soil Resources,the law's overall the two men had little experience Olinger.the city administrator,said administrator.She said some devel- either as developers or with wetlands. he personally went out and counted opers are already taking advantage of Schilling,the Forest Lake developer, the city's wetlands.The total: 125. poorly worded agricultural land ex- was given an after-the-fact permit in varying from one-quarter acre to 17 , emptions to avoid the mitigation 1988 when regulators found he had acres.The new ordinance requires • requirements. already filled wetland.Now,he's „ both a 75-foot setback from the edge, Another concern is that the new state back again at a new location.This of a wetland for new construction law is being administered by cities, time,said the Army Corps of Engi- and a permit for any building within# putting them in the position of regu- neers,he'd filled 5 acres of wetland. that area. lating the very development they're without a permit as part of a new ... trying to attract.Not surprisingly, industrial park in Chisago County. Despite these efforts.the debate over, rY g . what takes precedence.wetlands or.„ with as many as nine different agen- I cies weighing in on a single wetland, Earlier this year,Savage city officials development,is expected to continue, things have often gone awry. approved the filling of more than ?a as suburbs develop farther out,and acre of wetland in the northwest part the demand grows for housing,road; Dan Utecht was in a hurry to build a of the city without having a Corps•gf shopping centers and parks. split-level home in Linwood Town- Engineers permit.Savage city admin- ,•"n ship in Anoka County on 7.7 acres of istrator Mark McNeill argued that "There's really no land a developer,;N rid.More than half was wetland. the city,which had applied for a ..,-1can buy on which you don't have to.,..d the township that Utecht could e Anoka Conservation District ' permit,had to proceed with the fi11,., deal with wetlands in one way or -„I,Ibecause streets in the adjoining con- another,"Svoboda said."It's tough have a temporary permit,even struction area were already torn up.r to miss them all,and if you do miss.~t., though details on how Utecht would Also,there were still new roads and„ i them all,you've got fewer houses.';;,,, utility lines to put in before winter ., mitigate weren't complete.The prob- shut down the construction season,l lems multiplied,the district said, when Utecht was issued a perma- N • DRYING Star Tribune/Sunday/January 3/1993 1 r Y. v — — .13A Nie. • ,., UP __ ' etlands-ri • Vch Anoka Cin the ..4,;.._ _ thick of constant clashes By Mike Kaszuba vehicles. In Coon Rapids.one of the most "Staff Writer controversial cases before the U.S. The conflict is likely to escalate as Army Corps of Engineers involves a The bulldozers came rumbling cities in the county simultaneously permit request by developer William through the wetlands in the city of try to attract economic development Cooley to put a 100-room hotel, res- 'Ramsey one morning last August, and enforce new wetlands laws. taurant and stores on a 26-acre plot, and developers Gilbert Menkveld "Have you ever driven around Ano- 24 of which are wetlands.Cooley. -and his son.Jack, had embarked on ka County?"asked Pat McGuire of who once co-owned the Mall of two idyllic-sounding subdivisions the DNR."Nothing but wetlands.. . . America land in Bloomington.is known as Ramsey Meadows and We're going to have real problems mum on what he'll do if the Corps of Sunny Ponds. j there as development happens." Engineers denies a permit. Even though Minnesota's new wet- Much of the county's land is flat and "I think they really struggle with it," elands conservation act was in place, sandy,so few wetlands have distinc- Tim Fell of the Corps of Engineers %1 both projects had gone through the tive boundaries or lie in more tradi- said of Anoka County's overall ap- 'City Council without raising an eye- tional bowl-shaped low spots.That, proach to wetlands protection."They 'brow.And the city's engineer,Steve however.does not make them any want to attract development.... It's -'Jankowski,hadn't gone to any of the less worthy to preservationists. close to downtown Minneapolis and training sessions on how cities were St.Paul... [but]it's got a lot of naikforce the new law. "It's time we put our limited natural wetlands." resources before the monetary gains is isn't a great tragedy,"Jan- of land dcyeloprrs."said Carol Del- The county consistently ranked third kowski said of the 1.3 acres of wet- monico.one of 27 letter writers lands tilled in the Menkvelds'two against a recent proposal to fill wet- in building permits, behind Dakota and Hennepin counties,from 1987 projects. lands in Coon Rapids for through 1990 before being nudged development. into fourth by Washington County Throughout Anoka County, old hab- last year.Since 1989.Coon Rapids its,development pressures and a The skirmishing over the county's has ranked either first or second wariness toward wetlands protection wetlands has at times overwhelmed among 132 municipalities in the met- 'are clashing daily with the move to regulators.Cathy Brehm.a state con- ro area in the number of housing preserve wetlands. Of the seven servation official working in the units built. counties in the metropolitan area, county,wrote at least seven cease- Anoka has not only the most wet- and-desist orders against developers Filling wetlands has been an issue in lands acreage but also the highest building in wetlands in a four-month percentage of wetlands—27.5 per- period ending in November. "Thank projects, of Anoka Che NationalaSports cent of its total land. God.everything's freezing up."she Crojecrs,such as the Sports said as cold weather heralded the permit in Blaine, t which acre obtained wet- Sometimesa the attitude toward wet- annual slowdown in construction. land in to18fill about an of lands in Anoka County is bluntly land in 1988. -:stated. When the state Department of Building permits have jumped in Co- But the more mundane projects have Natural Resources(DNR)an- lumbus Township as homeowners taken the larger toll over time. Per- pushitounced that Andover couldn't ex- north into a township where g tend Eldorado St.across a wetland,a nearly 50 percent of all property is sued have been matter-of-factly is- wetlands. to fill wetlands to make room local newspaper announced the deci- for everything from a driveway in -Sion in October with the headline, But the new state law. which focuses Coon Rapids to the upgrading of 2nd ,-Wetland Threatens Street Project." on preserving or replacing wetlands ! Av.in Lino Lakes to handle more of less than an acre, has left home- traffic. 'One DNR study said that Anoka owners such as Robert Jeukens clear- County had 410 of the 581 acres of 1 frustrated. He's trying Although all projects,at least on pa- i 'wetlands slated to be lost to develop- y g to sella 5- per,call for creating new wetlands to I mens in the metro area from mid- acre property with two wetlands and replace what's being destroyed, many f .1988 to early last fall. says the law has scared off buyers 'r, • and will probably force him to reduce ' projects don't have a happy ending. ilter DNR survey of the most his price. And often the smaller projects lead to j c natural areas in Anoka the biggest headaches. County showed that between 1985 "They're going overboard."he says and 1990 dozens of wetlands sites of wetlands protection. Were harmed by draining,housing developments and even off-road 1 l' \vI t _ 1 0 ...•:t''*: , ''.,:t:ffr',4'- -.,:'''.,'. '.„4,...:::::-.,_,:,::•_ „.:'4 .7...'1',._`-','!..',, ••••,' _i, , $• .ii--:,;?=7,1=-'- ';:'it)'',..,..-'•- ' ' ::::.•:' •',,,"::•--4,474, �' . kr t4a+ _ s�- ._::.3.�„�ar.y r t"``T.o: t..wrt t K „,,,..1..4,:n34.--•1... 11. + sr G ' € • _�5 r▪-A.4:.-..: � ` ;;,,,,,t ` I. 'l,'11,€ it •t ! pit `�1. ,f. +f c i4 ry� ,,. '_t Z 4 1 r '�t,1 1!”- '�• -4•4-1, :,p,:t •.1 k.:,� ',':1;:, 'F ','.',;.1:',.."1!,_1., if'I 1 ;r� t r'� : vs�•• th•3'ti'1� , p .,,,,,,..7,,,:- ' •,1.7. ,„,,3.8:''44,4":. �I�x t g 1. r.`+ a , �t"'n T '�tr+R'Y.�s{�� •3 `. +s..�l yd�i�r ?3.0.3",'„''.- 1 .,•4:1-' 1 §��j'�+�,�j � s,�, f'-?' i •d,f; y 1 Z5a t{ K it'5-4 k4i,f'a . 'ic 3 `° ° •� ekiL �' `t r. ', - i, _ • .l:'-._ L' t'- t 3- t, *4.- f',,, '-a.fit v y`+� -c._../_. ftit -j , , •.,,,,,:•,!..„_;,....-,z,..-4, 't�,,,/ : !„..<:,„„.,i,„1)�, • y�tt- r�`>k.7—: t rt. A....74,,,•;,, Ai •z d sr „.ei rt'.i,47177, r S• `"tY tic e a t q '1 Y R v`-� . `Jr , ��-L� a7 rk i 'i,rti-L`4"Ta i "l;t y �. -,;•.,,t,.:•."*-4 :.:r.• \ .t a 1'w 4- ti`- • '.• -*: y *° MQ-11;+„,,ot .. ,.t , i t a + t t+, b - i..s,!y'yL .;1.8' `rY+' .moi:-.1. �r*L �2 '` �� c 1 1 u °,t,.f - "2• '' ^ ' F,.t� • ik. `-'tri ,s, r 1 r r +"d 'er rye c � .' r: . e ' '!l ''s 'ta,, �t�. r '•• ? a.rJ a i:11,-a r - a *♦ + ,i'_ �, t"1.-194-1,..•:t,"+ ,7? t .. '..Z P. t`�C'. ' . - '1 j- `t.e -F' �ntF xvt "1`a 'r' :•i :.'9-t. .4. '�;T' ...�'�.,/_>'�<�e' . . .. J.: ,."C�, ,}". Staff Photo by John Croft Some wetlands were filled in to make way for the new Wal-Mart store in Fridley. I Last year, for example,the Anoka Before long,six conservation officers Conservation District gave Gerald were involved.Old aerial photos • and Marge Sygulla permission to were studied to try to determine the build a 300-foot driveway through a wetlands'original boundary.When wetland to their new home in Colum- Woods told them to stay off the bus Township—provided the drive- property,the county attorney was way was only 24 feet wide."I'm asked for a legal opinion on whether driving by later,and instead of a conservation officials could go and driveway,he's got a runway through inspect the damage. Making matters it."says the conservation district's more complicated,the suspected wet- Chris Lord. The Sygullas complain land was a unique variety that looked that the township is against develop- more like a forest than a wetland. • ment and that the wetlands laws are too rigid. The case finally ended a few months ago with Woods being ordered to Larger homebuilders are even more remove a single pile of brush."The. frustrated."A 12-by-l2[foot]puddle area affected here is a few hundred of water with a little bit of canary square feet,"said John Raetz, grass around it. ..is not worth[pro- Woods'attorney."It's not that tecting],"Anoka County builder Phil much." Tetrault said. "It'll dry up anyway." As the new state law takes hold, it's Even the smallest cases can have getter harder to find supporters of unheard-of complications. In 1991, saving every wetland in Anoka Charles Mears wanted to dig out a County."A tiny,tiny wetland pond on his property and stock it doesn't make any sense to preserve,' said Ron Henrickson, 's plan-, with trout. He got an agreement from elop ning and economic development a neighbor to put part of the dirt on director. her property to create a berm. But - when she began divorce proceedings, Henrickson has an all} in Gilbert her husband, Michael Woods,said Menkveld,the developer in Ramsey the agreement was void and drove'a who in the end reworked his new bulldozer through the berm. subdivision to accommodate wet- ' Woods'bulldozer also cut through, lands when nearby residents com-"' • what officials suspected was a plained."Actually,"said Menkveld. wetland. "they're overdoing the wetlands deal where we are—they're so unreasonable." .. • . , , . Acre-made-for-an-acre-lost r.. requirement qrement doesn't hold water • By Norman Draper As a result,state and federal regula- the Corps of Engineers and the DNR Staff Writer tors can boast that new or better rarely resort to them,preferring in- wetlands should have been created in stead to negotiate a developer into Birch Run Station is where both wet- the wake of big projects that collec- compliance. lands and the law got dumped on. tively devoured hundreds of acres of Wetlands. Mitigation was basic and generic in Three-and-a-half acres of wetlands its early days. It often entailed noth- were destroyed when the strip mall Studies to find out how mitigation is ing more than a big hole being was built in Maplewood in 1989. working are underway.The Environ- scooped out of the ground. But Corps Despite assurances from the develop- mental Protection Agency(EPA), of Engineers officials and private ers that they would replace what they which can veto Corps of Engineers consultants say those days are gone. had paved over, that was never done. wetlands permits,recently awarded They contend that mitigation can the Minnesota office of the National succeed if the site is properly graded And because of an oversight by wet- Audubon Society a grant to perform and the right soils and plants are lands regulators, a$75,000 line of one such study. It will take four used. Regulators and wildlife biolo- . credit set up to hold the developers years. gists who work with developers say to their promises expired without they are trying harder to tailor the anyone getting a penny of it. f:1-just don't know what's going on," mitigation to the type of wetland lost. said Ted Rockwell,EPA's director of The mall, formerly called Maple- Minnesota operations."I'm con- "We dug a lot of duck ponds back in wood Crossing, is one of the Twin • cerned that not enough followup is the'80s,"said Steve Eggers,an ecolo- Cities'most tarnished monuments to ' being done." gist with the Corps of Engineers'St. mitigation,the federal requirement Paul district."That didn't take into that for every acre of wetland filled,a But unofficial observations reveal account the specific functions and new or improved one must be creat- that there are plenty of problems values of the different wetlands being ed nearby. with mitigation. lost." It shows that despite a raft of state Paul Burke,a wildlife biologist with Wetlands were never re-created at and federal wetlands laws and regula- the Twin Cities field office of the Birch Run,northwest of the intersec- .tions,developers have sometimes U.S. Fish and Wildlife Service,has tion of Kennard St.and Beam Av, ad too free a hand to do as they viewed as many as 100 mitigation The Corps of Engineers issued a wet- leased. It also shows that regulators sites in the Twin Cities in the past land fill permit to the mall's develop- . sometimes don't pay enough five years. He said about one-quarter el-.Michigan-based Maplewood attention. of the efforts were poor or nonexis- Crossing Limited Partnership.with tent,and another quarter were good. the understandingthat a mitigation in addition, those in charge of moni- g toring mitigation compliance in the The remaining half were somewhere plan would be forthcoming. Twin Cities area do not know how in between, he said. many efforts have failed, workedAnd mitigation remains unproven, When the partnership's parent Corn- well,or not been done at all. pany,Weatherford/Walker Develop- more art than science.The idea that ments Inc.,was slow in developing humans can duplicate nature's handi- an acceptable miti ati Mitigation sites can range from a work in less than a fraction of na- P g plan,the small lake anchoring a housing devel- Corps of Engineers agreed to give the ture's time has created plenty ofopmencompanymore time. Eventually,and afreew in Oakdale to a pond inside skepticism about mitigation's value, despite a warning from a federal Hwee 39y4 ramp at the interchange. even amongfederal and state wildlife official that the amount was Hwy. 394-Hwy. 100 interchange. Some have been carefully excavated officials. too low to ensure compliance,the and landscaped.Others were de- Corps of Engineers accepted a signed with too little attention paid "It's like asking an engineering team $75,000 letter of credit issued by the to replacing the proper soils and veg- to design the Columbia shuttle.and Bank of Michigan on behalf of the elation.Some are merely scooped- saying,`Oh,by the way.you've got a developer to ensure compliance with month to do it,'" Rockwell said. , out holes in the earth that fill with mitigation requirements. , water.Occasionally,as with Birch Run Station,the mitigation isn't Federal mitigation evolved informal- But •beset by financial hardships,th Iv after 1977 amendments to the done. partnership and Weatherford/Walkei Clean Water Act provided for the collapsed before doing the required''. • Projects that destroy sizable amounts protection of the nation's wetlands. It mitigation.The mall went into forea . of wetlands are required by the U.S. became more common after 1986. closure and is now run by an Eden Army Corps of Engineers and thewhen mitigation regulations were I Prairie property manager who knoWls state Department of Natural Re- . first spelled out. For projects that fill nothing about any wetlands mitiga. sources(DNR)to include mitigation more than an acre of wetland,the tion plan.The deadline for the line'of plans.Since the late 1980s,dozens of Corps of Engineers requires at least credit expired two years ago. -"" •rojects that have involved filling an acre of mitigation for every acre of �t etro area wetlands for roads, wetland filled. State mitigation re- "Our attorney has basically said ouses,golf courses and other put- quirements,which are less specific, we're screwed,"said Tim Fell,the ., poses have done so only on the con- date from the early 1970s. Corps of Engineers'environmental'• dition that they replace what they've specialist charged with monitoring " destroyed. Although both state and federal law I the project."Part of the problem is';' provide for fines and jail sentences. mine.I didn't bird-dog it enough." ,+ 3 '•_ �. >. F - t i sti _ .�f� �.��,F s j1t 'Sf s ttw.; ''1,yq..,--- +i.'&+- 'r"""'... ----:' r...S r7 ^ .t.--.4 ro....'• '-- .;�... n k•!r.d'4e -r,- '�'� aF 3: .Y `'a f 1.' .. } g R�' .v E a,� 2 a tL • • Ft" -, s em ei� w ii ri,... 11 h I'r �"°� :• i~., ri`d 'l '' 7.1'..,d& `"114. T: :11 F R tt t 14 L' , t • 4.ia. f Y .s?s.Csa?4,t;^'ie+"•: ;': 4 d ;:7 $ -2 x *7:,�yer'is!�;q9 3 �,, e�4; '.f.• .Awr- . � �a"o- N Y Fa.s s.i+a" i 1,:-.. 'N �k x-x .....,!,:t t'r' v, _ t7,s r f((e s, r t ;-.t.,. 3 -iY k.'•3 .....*T: ..?° .a� S f. as. ,_ s "`^ t .,F"HI' �` .$ � `. i 3 YY 'e6 .' Y Z .,�L Jam `` . raa �`r x.s `V,. `Ptd„{,N` S a �",��yi'�Y".+a.sa, xt..i e : r'N>x Y°�' .,:;,ol.,,T. .„& ,� ✓r k. f ra .i,,p,,.. ..— -, ,, -,---.,,.. .,-....77.-e,.-0.--; J '.. �.-0.-k.w"r. k tit•,p,w j -«., a A y ,,,a t .k. 6`, '�C tom^..-•�,i„� ` y*"e" ''''' - ''''i..am'-4 w 'mc �, r "Yet .'v, w,..r lF�,w3r v ,- ,t, 2 :... ' -7.,:', � .,.,. .t�,� t" fir `''�'� .'" "+-ear 4"- ..« cf fir m Staff Photo by John Croft rhis wetland mitigation site was created by the Transportation Department under a ramp at the Interstate Hwy. 394-Hwy. 100 interchange: Elsewhere,Twin Cities mitigation • ' Company president Carl Peterson el sites can look strikingly different. said what happened at Olson Lake In the shadow of a newly constructed Estates is beyond his control. He said entry ramp from Hwy. 100 onto I- he was required by Oakdale and the' 394.for instance, is an improvedValley Branch watershed district to wetland with open water,mallards, . store storm water runoff from Olson Lake Estates somewhere on the de- islands sprouting cattails,silt fences velopment site.Also.because of ob to prevent erosion and a carpet of jections from nearby property own- rocks carefully placed along the slope ers,Oakdale and watershed district rising beneath the concrete ramp. officials haven't been able to find a The site,engineered by the State De- route to siphon off excess water from partment of Transportation,is part the lake.As a result,the lake's outlet' of the mitigation for the 121/acres of culvert has been plugged up for sev wetlands filled during the 1-394 project. eral years,with no relief in sight. • "The way it's done now is the way it, In Oakdale,a 12-acre storm water ' was approved,"Peterson said."We holding pond that serves as Olson . ., understand the water level now is Lake Estates'centerpiece is morehigher than it would normally be.. ., man-made lake than wetland,having [but]it's no fault of ours." inundated the 3-acre wetland once located at the south end of the pond.' Such a mix of results aside.a ques- tion remains:Can a man-made wet The site designer.Carl W.Peterson land ever make up for the natural and Associates Inc..agreed to design, one it's replacing? ',ff changes to make the pond more wet- lands-like.The firm also used the Said Rockwell:"It's like saying that ..pond as mitigation for some fill at - because there are prosthetic devices the south end of the wetlands.and at for amputated limbs,we can lose as another site. many arms al we want." But Molly Shodeen,the DNR's by-t'_ drologist for Washington and Anoka; • counties,calls the site nothing more than"a flooded hole." 78,932' Twin Cities wetlands • Total l Wetlands as percent wetlands 26,032 of county's total acreage (acres) • ( z 10.10%(Dakota and Washington) WASHINGTON ' ( • 110.155(Ramsey and Hennepin) COUNTY i I I 15-20°'0(Carver and Scott) ANOKA COUNTY I 120°.5-more(Anoka) - t1,�52v 1-- RAMSEY •... !.HAT9s A � rr COUNTY HENNEPIN I Mks St.Paul COUNTY r : ii, ...; ET 8. ,filt iii,. .;. :' .rc.. at L'. 0 CARVER 11$ Wetlands have COUNTY Y' proven to be very hard to define and • 36,258 _ 26,018 q. -rI I f, difficult to o spot.Even experts r• — iiiiik �`! ) sheaeveabweeetnlaunndawbhleetno DAKOTA SCOTT COUNTY they stand in the COUNTY middle of one.Congress has dispatched the National Academy of Sciences to evaluate Source.U S.Fish and Wildlife Serma how wetlands are defined. I 10 miles That question should help solve the other major issue regarding wetlands,namely. -' how many should be saved.During the _ - a+;Y•rwr• �'_ - •l.I2 1988 presidential campaign,George Bush ' ' —'^ ,� ,•' pledged that"all existing wetlands.no : #c . 1 matter how small,should be preserved." ;tf, z "- J• 4.1 y C; 4• ':J,.^ Bush eventually backed away from that,and -1 )A1 r ," ...,:,..•::.---..,,-. ,S�f y t* t " �.1 c ' -'� rd recently,the administration dropped plans to 417. r 5.i 0t . ' f -,•-_ ,,r. f;.:::1:;.!c loosen the definition of a wetland to exclude t{ �j? �, """r"""���, `{ , . rr-,?..,„4,4!;,,•?;:::-.;1' marginal wetlands—leaving the "''sjl +h u y,�It '1 i a I'1 • P a•v k t 11 controversy to President Bill Clinton. c:vi:1:44 -s+,i,�s�rl) 4� ' til , c 'Sit '4'h r'r:11l' r'.' Lt Minnesota,where the state recognizes 3.SHALLOW MARSH WETLANDS 6.SHRUB SWAMPS • o9 One of the most common of Twin Cities Another of the most common Twin Cities eight different types of wetlands,the con- wetlands,they often are covered with up to 6 wetlands.shrub swamps are often waterlogged fusion is no different.Officials have only inches of water.Vegetation includes bulrushes with a few inches of water and occur in shrubby vague ideas of how much of each type and cattails.As with Type 4 and 5 wetlands, or wooded areas.This type of wetland occurs exists in the Twin Cities.Hof e'a a guide to dTeveloped wetlands are common in recently frequently along the Minnesota River and In Plymouth and Maple Gkdale, Parts of the northernmetro area. the eight types: Woodbury, ,- ... ' :- .. 'rx�i1 1 f j, ?;..1';}..-1,.#'71,%. r t '1,Yf . A� ; '', kt4r4 ,, r.3:2:w 'jsr•*r .v Yt. _ 1 r .....'":0'TtJ/Y .�~3�• x� i •— •_'`.'.2 v `w ti.'i :k'zir44i t.1 11 a �.e i. �{ . !, .ry k.v.r f 1 j ��: r tY E Vi? „� .. iJ;' • I flf -rF r- : 11,1 � .F''.0.a --s•"i•r:f.- •. e1, `-.if``+�ci; • 1.BASIN/FLAT AREA WETLANDS 4.DEEP MARSH WETLANDS 7.WOODED SWAMPS These are waterlogged only at certain times of These are usually filled with from 6 Inches to 3 These are uncommon in the Twin Cities.The the year.They exist in fields,woods and feet of water.Among the easiest types of ground is often covered with a thin layer of farmland.Along with the Type 2 variety,Type 1 wetlands to recognize.these marshes often fill water.The trees that grow in such swamps i wetlands dot the landscape in less-developed shallow lake basins and border open water. include tamarack.spruce,balsam and ash. parts of the Twin Cities—Independence, Such a wetland might be found in the Scandia . northem Brooklyn Park and Minnetnsta,for and Forest Lake area of northern Washington example. County. � • • fj ' $ iJ t, .}+t bi {ff :',-;.-.1".4.;;•••••4y � - � • ;t 4- . •:lq4;4,. 43 '171 �4 , '• ,y. 3.{ r"'.. ! .. r , ' • . �1n 2.MEADOW WETLANDS 5.OPEN-WATER WETLANDS 8.BOGS These often border marshes and occur in As much ponds as wetlands,these are as easy Perhaps the rarest kind of wetland in the metro farmland sloughs.Although the ground is often to spot as the deep marsh variety.Water might area.bogs are usually waterlogged and dry,this wetland is usually waterlogged within a be as deep as 10 feet,and vegetation includes covered with mosses.Other vegetation includes few Inches of the surface. waterlines,cattails and pondweeds. shrubs and stunted trees.Type 8 wetlands • — maoccurreas in the East Bethel and Linwood township i Sou :Minnesota Department of Natural Resources and U.S.Army Corps of Engineers areas of northern Anoka County. . . t • Well-meaning. development can end up suffocating By Mike Kaszuba But Welter's Way. wetland support- "It was a house that set against the an exception.The University of Staff Writer ers say,has instead become an ex- pond,but it was set back from the Minnesota targeted 48 wetland sites ample of how subdivisions across pond,"said Jim Ostenson,the in the Twin Cities from 1988 to The seven homes in Welter's Way the Twin Cities encircle and even- managing partner for Welter's Way 1991 and found 39 had been affect- Sixth Addition in Eden Prairie have tually choke wetlands. Sixth Addition."It was a real ed by development,erosion from been heralded by the city and the quirk." nearby development or highway developer as an example of how to The lots in Welter's Way that back construction,or had been convert- build a subdivision around a wet- up to the wetland divide it up like a The wetland was drastically altered ed to storm water ponds. land without destroying the pie,making the homeowners wet- in the 1970s as part of a storm- wetland. land owners as well. Homeowners sewer project tied to increasing "You can drive around the metro can put in lawns up to the water's nearby development.Once just a area and see all kinds of dead wet- The Peter Andrea Co.,the subdivi- edge because there are no setback grassy low spot.the wetland was lands,where storm water was sion's owner,says the homes were regulations in Eden Prairie. That dug out.That project created an dumped directly into them,"said built at least 100 feet from the edge means grass can be mowed to the open-water pond that Welter's Way Gary Oberts,a senior environmen- of the water-filled wetland.John water line and lawn fertilizers prob- Sixth was eventually built around, tal planner with the Metropolitan Shaw,the real-estate agent who ably will drain into the wetland. and in effect changed the wetland Council."In the long run,that's marketed some of the lots,says into a basin that primarily collects going to kill them off....There are they'll"be the most attractive sites One home in the subdivision that storm water. a lot of cities that misunderstand in that neighborhood."The homes complied with a voluntary 100-foot that whole concept." h sold for up to$800,000. setback began settling into the peat. Welter's Way doesn't appear to be 0