7.10. SR 07-18-1994
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ITEM 7.10
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
FROM:
TROY LANGER, PLANNING INTERN
DATE:
JULY 18,1994
SUBJECT: A CONDITIONAL USE PERMIT
REQUEST BY TOM WILEY, PUBLIC
HEARING, CASE NO. CU 94-22
REQUESTED ACTION
Mr. Wiley is requesting a conditional use permit to excavate a pond area
within an existing wetland to create a more natural scenic area for wildlife
VIewIng.
LOCATION
. 10481-203 Avenue NW, Elk River, MN
ZONING I LAND USE
R-1a (Single Family Residential) I LR (Low Density Residential)
ATTACHMENTS
Report to the Planning Commission dated June 28, 1994
ANALYSIS
.
Mr. Wiley has submitted a conditional use permit application proposing the
excavation of approximately 2,000 cubic yards of soil in a wetland area
around an existing excavated pond. The pond is a rectangular shaped water
body with the dimensions of one-hundred seventy-five (175) feet by fifty (50)
feet. Mr. Wiley intends to remove soil around the pond to create a more
natural looking pond. The pond and the proposed excavation are within the
applicant's property. Because the pond is part of a wetland area that
encompasses more than one property, the applicant must proceed through the
conditional use process. All excavated soil will remain on site.
P.O. Box 490 · 13065 Orono Parkway. Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Tom Wiley
July 18, 1994
Page 2
.
The Department of Natural Resources (DNR), U.S. Army Corps of Engineers,
and Sherburne County Soil and Water Conservation District have been
notified in regard to this project.
Sherburne County Soil and Water Conservation District mentioned that the
pond is defined as a wetland by the 1989 Federal Manual for Identifying and
Delineating Jurisdictional Wetlands. Concern was mentioned in regard to
draining and filling of the wetland area. Mr. Wiley only intends to excavate
the area around the pond and fill on a site outside the wetland boundaries.
At the time this report was completed, the DNR and Army Corps of
Engineers had not responded.
This wetland is under the jurisdiction of the Wetland Conservation Act
(W.C.A.). The City of Elk River is the local governmental unit implementing
that act.
EROSION CONTROL
.
Erosion around the wetland should be avoided and all disturbed areas should
be protected by planting sufficient ground cover to contain the soil. Ground
cover should be protected as necessary until self sustaining, thereby reducing
the chance for excavated material to flow back into the wetland and degrade
water quality. Silt fencing would aid the wetland boundaries until the
existing vegetation secures soil.
DRAINAGE
City Engineer Terry Maurer commented on this project and mentioned
concern about excavated soil draining back into the wetland area. After
reviewing the proposed site for the excavated soil, Mr. Maurer did not
anticipate problems that could disrupt existing drainage patterns.
SLOPE
According to City Code, slopes can not be greater than four (4) feet horizontal
to one (1) foot vertical. Mr. Wiley is proposing a five (5) to one (1) slope for
the pond area.
.
Currently, the pond is approximately six (6) feet in depth. Newly excavated
areas of pond should remain consistent in depth with the existing pond. If
depth of the excavated pond areas exceeds four (4) to five (5) feet, it becomes
less desirable for specific wildlife species to take advantage of the wetland
habitat. It also helps ensure that the pond is safe in a residential area.
wiley. troy
Tom Wiley
July 18, 1994
Page 3
.
EXCAVATED MATERIAL
All excavated material will remain on site. The 1991 Wetland Conservation
Act prohibits any of the excavated material to be placed back within the
wetland boundaries. Therefore, all excavated material must remain outside
from the wetland itself. Mr. Wiley is proposing an island within the proposed
excavated areas. According to City Code, the island may exist but only if it is
an unexcavated area. Mr. Wiley is not allowed to excavate the entire pond
area and fill in areas for the proposed island.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the proposal based upon
staffs recommendations. There was no opposition for the proposal or staffs
recommendations. The motion was approved by a 6-0 vote.
RECOMMENDATION
.
Staff recommends approval of the conditional use permit to excavate soil
from existing pond to enhance wildlife viewing with the following conditions:
1. NONE OF THE EXCAVATED MATERIAL IS PLACED
BACK INTO THE WETLAND BOUNDARY.
2. ALL SLOPED AREAS SHALL HAVE A MAXIMUM RATIO
OF FOUR (4) FEET HORIZONTAL TO ONE (1) FOOT
VERTICAL.
3. SLOPED AREAS SHALL BE PLANTED WITH GROUND
COVER SUFFICIENT TO CONTAIN THE SOIL. GROUND
COVER SHALL BE MAINTAINED AS NECESSARY
UNTIL AREA IS SELF SUSTAINING. SILT FENCING BE
REQUIRED UNTIL GROUND COVER IS SELF
SUSTAINING.
4. POND BE NO DEEPER THAN FOUR (4) TO FIVE (5)
FEET IN DEPTH, EXCEPT IN CURRENT POND AREAS,
WHERE POND DEPTH IS ESTIMATED AT SIX (6) FEET
DEEP.
.
5.
ALL EXCAVATION OR FILLING SHALL NOT DISRUPT
THE OVERALL DRAINAGE PATTERNS FOR THE AREA.
wiley. troy
Tom Wiley
July 18, 1994
Page 4
.
6. CONTRACTOR AND PROPERTY OWNER WORK WITH
THE DEPARTMENT OF NATURAL RESOURCES TO
CONSTRUCT A POND THAT IS BENEFICIAL TO
WILDLIFE.
7. APPROVAL OF THIS RECOMMENDATION BE
CONTINGENT UPON APPROVAL BY THE U.S. ARMY
CORPS OF ENGINEERS AND THE MINNESOTA
DEPARTMENT OF NATURAL RESOURCES.
8. PROJECT BE COMPLETED IN ONE (1) CONSTRUCTION
SEASON.
9. HOURS OF OPERATION BE WITHIN CITY CODE
REQUIREMENTS.
10. FENCING BE PLACED AROUND EXISTING OAK TREES
TO PREVENT DAMAGE WHEN EXCAVATED SOIL IS
SPREAD THROUGHOUT THE APPLICANTS PROPERTY.
.
11. PROPOSED ISLAND REMAIN UNEXCAVATED AREA.
.
wiley.troy
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fEll< River
NDA ITEM 5.7
~@[fJrr
MEMORANDUM
TO: PLANNING COMMISSION
FROM:
TROY LANGER, PLANNING INTERN
jf
DATE:
JUNE 28, 1994
SUBJECT: A CONDITIONAL USE PERMIT
REQUEST BY TOM WILEY, PUBLIC
HEARING, CASE NO. CU 94-22
REQUESTED ACTION
Mr. Wiley is requesting a conditional use permit to excavate a pond area
within an existing wetland to create a more natural scenic area for wildlife
vIewmg.
LOCATION
.
10481-203 Avenue NW, Elk River, MN
ZONINGILAND USE
R-la (Single-Family Rural Residential)/LR (Low Density Residential)
ATTACHMENTS
Location Map, Zoning Map, Site Map, Proposed Site Plan, Aerial Photograph,
Soil and Water Conservation Letter dated June 6, 1994.
ANALYSIS
.
Mr. Wiley has submitted a conditional use permit application which is
proposing to allow the excavation of approximately 2,000 cubic yards of soil
in a wetland area around an existing excavated pond. The pond is a
rectangular shaped water body with the dimensions of one-hundred seventy-
five (175) feet by fifty (50) feet. Mr. Wiley intends to remove soil around the
pond to create a more natural looking pond. The pond and the proposed
excavation are within the applicant's property. Because the pond is part of a
wetland area that encompasses more than one property, the applicant must
proceed through the conditional use process. All excavated soil will remain
on site.
P.O. Box 490 . 13065 Orono Parkway. Elk River, MN 55330 . (612) 441-7420 . Fax: (612) 441-7425
Tom Wiley
June 28, 1994
Page 2
.
'.'
The Department of Natural Resources (DNR), U.s. Army Corps of Engineers,
and Sherburne County Soil and Water Conservation District have been
notified in regard to this project.
Sherburne County Soil and Water Conservation District mentioned that the
pond is defined as a wetland by the 1989 Federal Manual for Identifving and
Delineating Jurisdictional Wetlands. Concern was mentioned in regard to
draining and filling of the wetland area. Mr. Wiley only intends to excavate
the area around the pond and fill on a site outside the wetland boundaries.
At the time this report was completed, the DNR and Army Corps of
Engineers had not responded.
This wetland is under the jurisdiction of the Wetland Conservation Act
(W.C.A.). The City of Elk River is the local governmental unit implementing
that act.
EROSION CONTROL
.
Erosion around the wetland should be avoided and all disturbed areas should
be protected by planting sufficient ground cover to contain the soil. Ground
cover should be protected as necessary until self sustaining, thereby reducing
the chance for excavated material to flow back into the wetland and degrade
water quality. Silt fencing would aid the wetland boundaries until the
existing vegetation secures soil.
DRAINAGE
City Engineer Terry Maurer commented on this project and mentioned
concern about excavated soil draining back into the wetland area. After
reviewing the proposed site for the excavated soil, Mr. Maurer did not
anticipate problems that could disrupt existing drainage patterns.
SLOPE
According to City Code, slopes can not be greater than four (4) feet horizontal
to one (1) foot vertical. Mr. Wiley is proposing a five (5) to one (1) slope for
the pond area.
Currently, the pond is approximately six (6) feet in depth. Newly excavated
areas of pond should remain consistent in depth with the existing pond. If
. depth of the excavated pond areas exceeds four (4) to five (5) feet, it becomes
wiley.troy
.
.
.
Tom Wiley
June 28, 1994
Page 3
less desirable for specific wildlife species to take advantage of the wetland
habitat. It also helps ensure that the pond is safe in a residential area.
EXCAVATED MATERIAL
All excavated material will remain on site. The 1991 Wetland Conservation
Act prohibits any of the excavated material to be placed back within the
wetland boundaries. Therefore, all excavated material must remain outside
from the wetland itself. Mr. Wiley is proposing an island within the proposed
excavated areas. According to City Code, the island may exist but only if it is
an unexcavated area. Mr. Wiley is not allowed to excavate the entire pond
area and fill in areas for the proposed island.
RECOMMENDATION
Staff recommends approval of the conditional use permit to excavate soil
from existing pond to enhance wildlife viewing with the following conditions:
1. NONE OF THE EXCAVATED MATERIAL IS PLACED
BACKINTOTHEWETLANDBOUNDAR~
2.
ALL SLOPED AREAS SHALL HAVE A MAXIMUM RATIO
OF FOUR (4) FEET HORIZONTAL TO ONE (1) FOOT
VERTICAL.
3. SLOPED AREAS SHALL BE PLANTED WITH GROUND
COVER SUFFICIENT TO CONTAIN THE SOIL. GROUND
COVER SHALL BE MAINTAINED AS NECESSARY
UNTIL AREA IS SELF SUSTAINING. SILT FENCING BE
REQUIRED UNTIL GROUND COVER IS SELF
SUSTAINING.
4. POND BE NO DEEPER THAN FOUR (4) TO FIVE (5)
FEET IN DEPTH, EXCEPT IN CURRENT POND AREAS,
WHERE POND DEPTH IS ESTIMATED AT SIX (6) FEET
DEEP.
5. ALL EXCAVATION OR FILLING SHALL NOT DISRUPT
THE OVERALL DRAINAGE PATTERNS FOR THE AREA.
6.
CONTRACTOR AND PROPERTY OWNER WORK WITH
THE DEPARTMENT OF NATURAL RESOURCES TO
wiley. troy
.
.
.
Tom Wiley
June 28, 1994
8.
9.
10.
11.
wiley. troy
Page 4
CONSTRUCT A POND THAT IS BENEFICIAL TO
WILDLIFE.
7.
APPROVAL OF THIS RECOMMENDATION BE
CONTINGENT UPON APPROVAL BY THE U.S. ARMY
CORPS OF ENGINEERS AND THE MINNESOTA
DEPARTMENT OF NATURAL RESOURCES.
PROJECT BE COMPLETED IN ONE (1) CONSTRUCTION
SEASON.
. HOURS OF OPERATION BE WITHIN CITY CODE
REQUIREMENTS.
FENCING BE PLACED AROUND EXISTING OAK TREES
TO PREVENT DAMAGE WHEN EXCAVATED SOIL IS
SPREAD THROUGHOUT THE APPLICANTS PROPERTY.
PROPOSED ISLAND REMAIN UNEXCAVATED AREA.
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CASE CU 94.22
River P.O. Box 490. 13065 Orono Parkway. Elk River, MN 55330 . (612) 441-7420
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AERIAL PHOTOGRAPH
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P.O. Bo;:: 490 . 1306j Orono Parkway' Elk Rive,. MN "~~
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~~:I - 7 1994
HERBURNE SOil AND WATER
CONSERVATION DISTRICT
12433 Pine Street
P,O. Box 250
Becker, MN 5530S
Tel. (612) 261-4445
MINNESOTA
SOIL AND WATER
C.
CONSERVATION
DISTRICTS
June 6, 1994
Thomas O. Wiley
10481 203 Avenue NW
Elk River, MN 55330
Mr. Wiley;
Thank you for forwarding a copy of the Combined Notification
Form for your proposed project in the NE1/4, NE1/4, sec. 23,
City of Elk River
.
According to the National Wetland Inventory and the Sherbune
County Soil Survey the site of your proposed project is a
wetland as defined by the 1989 Federal Manual for
Identifvinq and De1ineatinq Jurisdictional Wetlands. This
wetland falls under the jurisdiction of the Wetland
Conservation Act (WCA). The WCA prohibits burning,
draining, and filling in a wetland except under certain
specific circumstances. However, WCA does not prohibit
excavation as long as the spoil is removed from the wetland.
Fill of up to 400 sq. ft. may also be exempted.
Please contact Gary Schimdtz at the Elk River Zoning Office
for more information.
Since you will be working in a wetland, it is possible that
work in this location may be under the jurisdiction of the
V.r;,.Department of Natural Resources 0:::- the US Army Cor-ps of
Engineers. Copies of the Combined Notification Form must be
given to them also.
If you have any questions, please contact me.
Sincerely,
j/t/~g/~
William Bronder
District Technician
4It cc. Gary Schmidtz, Elk River Zoning
AN EQUAL OPPORTUNITY EMPLOYER
JUN - 6 1994
,Y.A...oU20-J'J LOCAl.. - STATE. FEDERAL WATFR RESOURCE PROJECT NOTlr:1CATlOr-.r I ApPLICATION FORM
UU ttli. form to notity/apply to the U.S. Army Corp. of Engino.ra. the Minnesota Oo~..rtmen( of Natural Resources, end your Local. Govorrvnent Unit
of . proposed wateOW.Uand project 01 woril which may fall within their jurisdiction. Thus _genci.. .hould ed'Vi.. you of their iYrisdietion or permit
requirements within 45 daY'. Some LGU'. may also require submission ot thoir own application forma. FiU out this form complotely and mail.. copy,
with plana, mapa, etc. to each of the Ilgonciell lilOted on tho reverse of tho form. Keep II copy for your recorda. YOU MUST OBTAIN A.LL REQUIRED
II>.UTHORIZA TIONS BEFORE BEGINNING WORK.
AGENCY USE ONLY: LGU NUMBER:
MDNR NUMBER:
CORPS NUMBER:
I.
Authorized Agent. if any
Aru Code. TolepnoM
l{p/';() .?-N / - ) tP t.,;2..
z
It'v p,.-
330
II. Location ot proposed project (enset, drtlwinc showing how to get to sito)
QUARTER SECTIONI.I SECTIONSl.) No.
..:7
TOWNSHIPI.) No.
C> ~ ':S
RANGEl.) No.
~Y'
Lot, B!ock. Subdivision
Ill.
NAME OF WATERBODY AFFECTED end NUMBER (IF KNOWN)
E, , (/ '>~D
bbO,;-o LENGTH OF SHORE AFFECTED (in teet):
(NOTE: You ~y substitut. dimsn:;;onsl
i
I.u
IV. VOLUME OF FILL OR EXCAVATION ICubic Yardel:
AREA FILLED OR EXCA V A TED IS
Acrell. OR
Square Feet
'V.
TYPE OF WORK AND AREA ICHECK ALL THAT APPLY):
D CONSTRUCT D ~ ~XCAVATE
D.E!JJ. D REMOVE D REPAIR
o ACc::E'SS PATH
D 000<
DBIOOGE
DRIPRAP'
o CULVERT
D SANOlll.ANKET
DDMO
OTHER lDESCRIBE):!: JHt:>~:{r fhe
WETLANO TYPEIS) AND ACREAGEIS) PROPOSED TO BE FILLEDIDRAINED:
Attach applicable drawings, plans. and ASCS ClOp photos. Include a description of any proposed compensatory mitigation.
anv disoossl and borrow eres!!. Describe the work below: how it would be done; what equipment would be used.
D LAKE
dra/el;l"e -:+
D SHORELINE D WATERWAY
e..t/.di'AJ,j po;..!/).
~ETLANO
Imoortant: Identify
VI.
d
PROJECT PURPOSE (why is this project needed-what benefits will it plollido?):
Jfr1;'c!.4 !
o"O/-Pt't[)
ALTERNATIVES fd~scribe any other site or methods that could be used to achieve the purpose of your project while avoiding or minimizing
w.etJand/w8ter impacts: Anach edditional $heets, if neededl.
,~
~
VIII. DATES: Propoud start of activity:
q- I - Pi
Proposed completion:
S,4/1?e...
IX.
{Identify snv completed work on an ettached drawinol
ADJOINING PROPERTY OWNERS (Attach list if more ~an two)
Name ~. 11/; Ad~"J' h'J
. _e ,. /:1.(:- ,'~ '/ /~,
City
Stete
Zip
PERMITS have boen received (enter an fl) or already applied for lenter en ~ from: ...!i...- DNR / APMY CORPS OF ENCiJNEERS
TOWN/CITY WATERSHED DISTPJCT _ MN Pou.vnON COHTROl. AGfNCY
COUNTY
Has en archaeoloQieeJ survey of the projoct site beon done?
If 80, by whom:
I hereby notify the recipientl: of this form of the project prop~.d herein and requ.ct that I be advi..d of any permiu ot'" other detarmlnatioM
on.:.ming this project that I must obtain. I und..ntand that proceedlng with work before ell required authorization. are obtained may subject me 10
dorel. Ste... endl local admin" v. a7d/O< 'minel panalti...
U .A ~./ I
Signature of Person Pro sing Project or Agont
DATE:
.s:-/3~flY
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,
SE CAREFUl.l.Y READ AND COMPLETE BACK OF FORM> > >