4.5 SR 06-05-2023Request for Action
To
Item Number
Mayor and City Council
4.5
Agenda Section
Meeting Date
Prepared by
Consent Agenda
June 5, 2023
Suzanne Fischer, Environmental/Special Project
Director
Item Description
Reviewed by
Variance to Clear Oak Trees for Renewable Natural
Jared Shepherd, City Attorney
Gas Facility
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, a variance to clear oak trees at the proposed building site prior to July 15, 2023.
Background/Discussion
Waste Management has requested a variance to remove oak trees on the building site of the proposed gas to
renewable energy site. Their license with the city currently includes this section:
(26) Oak LVilt Protection. Asa method to prevent oak wilt, Licensee shall not conduct any tree removal operations at the Landfill
Properly between April 95 and July 95 each year: In addition, oak stumps shall be removed prior to April 15 each year: he
removing trees and stumps, Licensee shall prevent damage to remaining trees.
Waste Management's planned construction includes the grubbing and removal of stumps immediately after the
trees are removed. Additionally, there is significant depth of cut in the majority of the work area, so roots will also
be removed. The grove of trees is not connected to any larger wooded areas, or wooded areas that leave their
property. The work follows Minnesota DNR Guidelines.
Because they are operating consistent with the DNR guidelines, it is reasonable to waive this compliance with the
oak wilt provision under Section 18 of the License. The license does require this action to be excused or waived by
the City Council.
Financial Impact
N/A
Mission/Policy/Goal
Work with citizens to achieve their goals.
Attachments
Page 5 of MN DNR Oak Wilt Guide
Aerial view of impacted oak trees
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperzl_ y.
M
TUREJ
Updated.- Jamwg 2023
Examples of exceptions for harvesting in the high -risk period and in the high -risk zone:
• Harvests with no reserve oaks and no oaks directly bordering the timber sale.
• Harvests in a cover type where oak is a minor component and where reserve oaks are
widely spaced. In these situations, try to o retain a buffer of non -oak trees surrounding
residual oaks to protect them from harvest damage.
• space residual oaks 200 feet or more apart.
• leave no residual oaks within 200 feet of the stand boundary if adjacent stands are oak
forests.
• encourage loggers to fell trees along the edge of the harvest into the stand to avoid
damage to adjacent oak trees.
• avoid felling trees or skidding near residual oaks within the harvest zone.
• Harvests in oak stands heavily infected with oak wilt, as long as harvesting and moving
logs will not damage oaks in adjacent forests.
In areas along the northern edge of the oak wilt range in Minnesota, monitor residual oaks between one
and 2 months after April through mid -July harvests and rapidly control oak wilt if it develops in residuals
(see Rapid treatment of an isolated wilting oak, page 10). Contact a DNR regional forest health specialist
if you detect oak wilt in these areas.
Avoid moving diseased oak wood April I —July 15. Process diseased logs shipped to mills before April 1.
Ideally, mill managers would keep diseased logs separate to ensure they are properly handled before
April 1. Wood chips, bark slabs, and debarked logs will not produce spores and do not need to be
separated from other products.
On recreational, construction, or residential sites
Prevent oak wilt by not pruning or damaging living oaks throughout the state from April through July in
yards or recreational settings (e.g., campgrounds). If you must prune or accidentally wound an oak,
immediately apply pruning paint, water -based paint, or shellac to the pruning cut or wound. This step
very effectively prevents oak wilt infection. Dead branches can be removed anytime during the year
without risk of oak wilt infection, but caution should be taken not to cut into living tissue from April
through July.
Avoid felling oaks from April through July in the high -risk area. If they must be cut down, apply pruning
paint or shellac immediately to the bark and to the last three annual growth rings of the stump to
protect them and nearby oaks from oak wilt infection (Figure 2). Lot clearing operations, where oak
stumps will be ground down or ripped out within weeks of cutting, are low risk for oak wilt as long as
oaks surrounding the site are not damaged during tree felling. If oaks surround a lot that is being cleared
from April through July, we recommend painting oak stumps around the edge of the lot, as shown in
Figure 2, for added protection.
Approximate tree clearing area
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PROPOSEDTREE
, ,s CLEARING AREAS
I 7W
Legend
Approximate Tree Clearing Area
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