6.4. SR 06-18-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Conununity Development
Meeting Date
June 18,2007
Item Number
6.4.
Prepared by
Nicola (Nicki) Blake-Bradley,
Environmental Technician
Reviewed by
Rebecca Haug, Environmental
Administrator
Reviewed by
Item Description
Request by Tony Powell for Conditional Use Permit to Create
an Open Water Pond in a Wetland, Case No. CU 07-11, Public
Hearing
Action Requested
Staff is reconunending the City Council accept the reeonunendation of the Planning Commission for
approval of the request for a Conditional Use Permit to excavate more than 100 cubic yards of soil with
the following conditions as reeonunended by the TEP and staff:
1. All comments and conditions of the Sherburne County memo dated October 11, 2006
shall be addressed;
2. All excavated spoils must be removed from the wetland boundary prior to spreading
around the home;
3. Erosion Control BMP's (i.e. silt fence and/or erosion control blankets) must be
installed between the wetland and upland areas prior to excavation and placement of
spoils;
4. BMP's must be removed following final stabilization of soils;
5. Primary septic drain field and secondary sites must be roped off to prevent
compaction of soils;
6. Attach the standard archaeological disclaimer requiring work to stop if
archaeological artifacts are found during excavation (or land spreading the spoils);
7. Approval by the Army Corps of Engineers for the project must be submitted to the
City of Elk River, Building and Environmental Department; and
8. This approval of the Conditional Use Permit shall expire after 1 year, unless the
property owner or owner's agent has submitted a letter of request for extension.
Background/Discussion
When excavation exceeding 100 cubic yards is proposed, over the de rninirnus exemption level of 5,000
square feet in a Type 2 wetland, a Conditional Use Permit is required. Ordinance Code Section 42-51 (c)
allows the work to be done without a zone change or license since work will be done within two years.
Ibe applicant has proposed excavation of a 9,000 square foot pond in a wetland near his home which will
result in 500 cubic yards of spoils being excavated. He proposes to use the wetland soils for fill around
his home to establish a yard.
Case File: CU 07-11 Open Water Pond Excavation
P<>ge 2 Tony Powell
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Attachments
. Location map
. Applicant's Narrative
. Site Plan (s)
. Letter from County Ditch Inspector dated October 11, 2006
. Wetland Conservation Act amendment request dated April 20, 2007
. WCA amendment decision dated May 22, 2007
General Information
Applicant Tony Powell
60 Day Rule The application has been deemed complete as of April 30, 2007.
The City must take action by June 30, 2007
Requested Action Excavation of 9,000 square feet of a Type 2 wetland for an open
water pond.
location and Size Approximately.21 acres west of the new home at 14323 225"'
Avenue, Elk River, MN (pID# 75-760-0115).
location Existing Use land Use Plan Designation Current Zoning
Subject Residential A-I Rural Residential
Property
North Residential A-I Rural Residential
South Residential A-I Rural Residential
East Residential A-I Rural Residential
West Big Lake Big Lake Township Big Lake Township
Township
Overview
The original request from Mr. Powell was for a 135,000 square foot open water pond in a Type 2 wetland
behind (west of) his house. The Technical Evaluation Panel for the City of Elk River reviewed the
project and approved it, contingent upon a Conditional Use Permit being issued for the excavation since
it is in excess of 100 cubic yards. The Army Corps of Engineers requested further information on the
project from Mr. Powell. Subsequently, the applicant's request was reduced to create a 9,000 square foot
open water pond closer to his home and further from the County Ditch along the west property
boundary of his property (see Map). Mr. Powell's agent, Shane Steinbrecher, submitted a request for an
amendment to the Wetland Conservation Act (WCA) permit. The amendment was issued, but the CUP is
still a requirement. Since the work will be conducted within two years, there is no need for licensure or a
zone change by the City of Elk River. I
I
s: \ Council\Rebecca \Powell Staff Report for CC - 6-07 (2) .doc I
Case File: CD 07-11
Page 3
Open Water Pond Excavation
'l'ony Powell
Applicable Rezulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
,. Will not endanger, injure or detrimentallY cifftct the use and e'!j'!Yment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience or general we!fare of the neighborhood or the
city.
The proposed excavation is entirely within Mr. Powell's property, located within a
Type 2 wetland. The excavation is intended to remove invasive reed canary grass,
create a shallow, open water pond, and increase the number of biological niches in
the area. A greater number of wildlife species are expected to be able to use the
wetland complex as a result of the excavation.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderlY development and improvement of surrounding vacant property.
Mr. Powell currently owns the surrounding property.
4. Will be served adequatelY by and will not adverselY cifftct essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and
will not, in particular, create traffic congCJ1ion or intetftrence with traffic on adjacent and neighboring public
thoroughfares. N/A due to location of pond
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
Mr. Steinbrecher, the contracted excavator, has stated that the project will take
approximately three days and work will be conducted from 7 a.m. to 5 p.m. (M - F
only).
6. Wzil not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
Due to the potential for archaeological sites on the property, the standard disclaimer
will be attached.
7. Will fullY complY with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
A license and zone change are not required due to the fact that the work will be
completed in less than two years.
If denial of such a perntit should occur, it shall accompany recommendations or deterntinations by
fIndings or a report stating how the proposed use does not comply with the standards set forth in Section
30-654.
In the review of the standards for CUP as outhned, it appears that the request is consistent with all of
these standards.
Analysis
The Technical Evaluation Panel (rEP) for the City of Elk River has reviewed the application and
subsequent amendment request to reduce the size and have approved both requests. The amended permit
is the valid permit and has been attached for your convenience.
Comprehensive Plan
The project is consistent with the comprehensive plan.
S:\Council\Rebecca\Powell Staff Report for CC - 6-07 (2).doc
Case File: CD 07-11
Page 4
Open Water Pond Excavation
Tony Powell
Natural Resources
Natural Resources Inventory (NR:!) - no significant features in the vicinity of the project
Trees - None to be removed
Wedands - 9,000 square feet of the Type 2 wedand will be excavated to form an irregularly shaped, open
water pond no more than three feet deep with a maximum slope of 5:1. All spoils will be removed from
the wedand boundary to an upland site. Erosion control measures are required until full soil stabilization
has been achieved.
Parks
N/A
Transportation
N/A
Utilities
N/A
Gradin\l'/Draina\l'e
The gradient within the open water pond will not exceed 5:1 slope. The County Ditch setback of 50' has
been met and approved by the County Ditch Inspector.
Landscaping
Spoils from the wedand excavation will be spread around the new home and then sodded to prevent
erosion into the wedand. Erosion Control measures such as silt fence and/or erosion control blankets are
required between the wedand and upland areas to prevent erosion into the wedand until all areas are
completely stabilized.
Respectfully Submitted,
Nicola Blake-Bradley
Environmental Technician
Action
:Motion by_
Second by _
Vote
Follow Up
S:\Council\Rebecca\Powell Staff Report for CC - 6-07 (2).doc
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Location Map
Case Number: CU 07-11
TONY POWELL
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DHMOLmON
April 30, 2007
SITE PLAN
90' x 100' Pond with a depth of 2' -3' and 5:1 slopes is to be dug as located on aerial. Material is going
to be hauled up and dumped around house and graded off as topsoil; taking special care not to do
any grading behind the house and in the wetland area.
LANDSCAPING PLAN
Material from pond that has been graded around house will be seeded or sod as per homeowner.
GRADING AND DRAINAGE PLAN
Material will be graded and tilled in to current soils around house, averaging an additional 4" of
coverage. Drainage will continue to slope in the same manner as it currently does.
DRAINAGE CALCULATIONS
The pond will be dug at a minimum 5:1 slope.
WETLAND DELINEATION
The wetland is outlined by the tree line behind the house.
An amendment to the wetland application is available through the environmental department If you
have any questions please contact Shane at 612-221-8675.
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DATE
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. Sherburne County .
PUBLIC WORKS .
.. October n, 2006
JOHN N. NORGREN
Ditch. and Drainage Technician .
.. Mr. Shane Steinbrecher .
.13792 ~ 247th Avenue.
Ziinmerman; MN55398 .
13880 Highway 10
. Elk River, MN 55330-4601.
. 763-241~7184d
1-800-438-0576 .
Ceil 612-940_4777
RE:
, . - .
" . .
. . .
. . - -
.. Setback ji'Olll County Ditch #1. Branch 12; Section 6, Township 33,.
.. Range 26\^(. .CityofE)k Riyei, SherbUrne COuilty.
. . Dear Mr. Steinbrecher, ...
'-', .. '. . .-' -:,' . . ". -.
ReferericeOlJr phoneconversat}on earli~' tod.&y regarditlg locating a wildlife p\lnd adjacent to. a ..
County Drainage Ditch. TheCOuilty' sjJolicy, in accordarice to State Statute I03E, no private;
waters may connecttoapublic draitlage system, iIDless a petition is received for an O\lt1et.
Therefore a separation of 50 feet.must be established between the top edge of said draitlage ditch.
to the top edge of the proposed pond. . .
The County's ditch system begins at 225thAvenue (Branch 125 and proceeds in a southeasterly.
direction where it connects tome main pOltionofDitch # L The area you described is. on. a
privakditch tha{connectsto Branch 12 ofDitch#l, where we have no jurisdiction. . However, if
youconnecta pond to th.c private ditch, then you would be changing the original drainage impact
to the CoUnty's. ditch system, thereby triggering a change in the CountY's assessment benefit for .
.. your parcel. Therefore I reconimendthatyoufollow the sameprocedure as if the ditch.was a
public ditCh. .
. . .
, . - - .
Iwill be f~rwardirig a copy of this letter to Nicore Blake-Bradley, Environmental Technician,
City of Elk River, as to theC.ourtty;sposition regarding your requ~st. .AlI environmentaL .
requirements and procedures will' have to be channeled througlrthe City of Elk River.
o . - - -".:." - .
.. Should you have anyconcerns regarding impacts to theCou~ty's drainagesystemplease contact'
me my time.
Respectfully" .
~:XmI,-.
........ .... l'
.. ,JohnN. Norgren,
. Shel'butneCounty.DitchandDramage..T~hniciflll
. .
. . . ,
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cc: Rarl1onaI)Oebler;AllditQr!Tr~asurer.
. John Menter, Public Works Director
Nicole.Blake~BfadleYi EnvirollillelltalTechniciari,City of Elk River
. Todd Schoffelriia11.;,Assisfant County Attorney.. .
.. ';.' .
. An Affirmative Ac;tion/Equal Opportunity Employer,'
May 18, 2007
Subject: Amendment Request to Permit for Tony Powell- WCA 07-0J
To whom it may concern:
Attached is a copy of the amendment request from Agent Shane Steinbrecher for Tony Powell. The
applicant would like to reduce the amount of excavation from the approved amount of 135,000 square
feet to a total of 9,000 square feet of a Type 2 wetland (NWI shows as a Type 3, drained) to create an
open water pond and use the spoils for fill around the new house. This request was discussed at the May
TEP meeting. The excavation is approved contingent upon issuance of a Conditional Use Permit for
MininglExcavation of soils over 100 cubic yards from the City of Elk River. Best management
practices are required between the wetland and the upland spoil placement site until no chance for
erosion into the wetland (due to revegetation) occurs. If you have any questions, please feel free to call
me at (763) 635-1073.
ROLL-OFFS .
LANDSCAPING
.. DEMOLITION
EXCAVATING
April 20, 2007
City of Elk River
Attn: Nicola Blake-Bradley
13065 Orono pkwy
Elk River, MN 55330
Dear Nicola,
We are amending the application for the excavation of wetland at Tony Powell residence, address is 14323
225th Avenue - Elk River, MN. The new dimensions will be 100' x 90', 2 -3 ft deep with 5:1 slopes. All
material will be excavated out and placed around house and graded out. We intend to start this project as
soon as we get approval from planning commission, should be mid June. Included is an aerial photo
showing house and proposed pond.
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Minnesota Wetland Conservation Act
Notice of Wetland Conservation Act Decision
Name and Address of Local Government Unit: City of Elk River, 13065 Orono Parkwav, Elk
River, MN 55330 (763) 635-1073
Name of Applicant: Agent: Shane Steinbrecher, 13792 247th Avenue, Zimmerman, MN 55398
(612) 221-8675 for Tonv Powell, 14323 225th Avenue, Elk River, MN 55330
Project Name: Amended permit for excavation of a Type 2 wetland to create an open water Pond
for aesthetics with a maximum size of9,000 square feet (reduced from 135,000 square feet) with
a maximum deoth of three (3) feet and a minimum slope of5:1 on oarcel #75-760-0115 located
in the NW1/4 of the SWl/4 and also the SWl!4 of the NW1/4 of Section 6, Two 33N. Range
26W, City of Elk River.
Application Number: 07-01
Type of Application (check one):
o Exemption Decision
X No Loss Decision
o Replacement Plan Decision
o Banking Plan Decision
o Wetland Type/Boundary Decision
Date of Decision: Mav 18, 2007
Check One: 0 Approved
X Approved with conditions (see Project Summary below)
o Denied
Summary of Proj ectlDecision (indicate exemption number per MN Rule 8420.0122, if applicable ):_
This protect is allowed, continllent uvon issuance of a Conditional Use Permit (CUP) for minim! and
Ilradinll black (wetland) soils. If a CUP is not issued bv the City of Elk River, this permit is nullified and
the vroiect cannot be avvroved without modification of the plan and review bv the Technical
Evaluation Panel fTEP). This proiect is allowed because no wetland loss will occur. but rather a
chanlle in Tvpe from a Tvve 2 to a Tvve 5 wetland. This permit allows the excavation of an oven water
vond avvroximatelv 100' x 90' x I.5'(averal!e) depth with a minimum slove of 5:1 on varcel #75-760-
0115, located in the NWI/4 of the SW1/4 and also the SWI/4 of the NWI/4 of Section 6, Twp 33N,
Ranlle 26W, City of Elk River. No excavation is allowed within 50' of the County Ditch. All spoils must
be removed from the wetland boundary to an uvland site. Svoilviles are to be spread around the
existinll home outside the wetland boundary and must be vlaced so that no erosion will occur which
results in sediment be/nil devosited back into the wetland. Best Manallement Practices for erosion
control (silt fence and/or erosion control blankets) must be placed between the wetland edlle and the
area where svoils are vlaced. It is the avplicant's resvonsibility to know where the limits of this vermit
lie. The proiect must follow the vlan submitted unless chanlle is authorized bv the Technical Evaluation
PaneL The avplicant must ensure apvroval from the Armv Corps of Enllineers. This permit will exvire
on Mav 18, 2009.
List of Addressees:
Landowner:
Tony Powell
14323 225th Avenue
Elk River, MN 55330
Agent:
Shane Steinbrecher
13792 247th Avenue
Zimmerman, MN 55398
1\1...... 1",0'<' nr'l+;"''''' _ PAn/pH ~mpnrl1T1p.T'It 'i_l ~_()'7
- Page I of2
9111i/04
Members of Technical Evaluation Panel:
Keith Grow, BWSR
Bill Bronder, Sherbume County SWCD
Paul Diedrich, MN DNR
Julie Olson, MN DNR
Roger Stradal, MN DNR
Tom Hingsberger, ACOE
John Norgren, Sherbume County Ditch Inspector
Nicola Blake-Bradley, City of Elk River
Rebecca Haug, City of Elk River
Terry Maurer, City of Elk River and/or John Anderson (Engineer)
Watershed District or Watershed Management Organization (If Applicable):
N/A
Department of Natural Resources Regional Office (select appropriate office):
NW Region: NE Region: Central Region: Southern Region:
Regional Director Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol.
2115 Birchmont Beach Rd. NE Div. Ecol. Services Div. Eca!. Services Div. Eeal. Services
Bemidji, MN 56601 1201 E. Hwy. 2 1200 Warner Road 261 Hwy. 15 South
Grand Rapids, MN 55744 St. Paul, MN 55106 New Ulm, MN 56073
DNR TEP Representative (if different than above)
Paul Diedrich
Corp of Engineers Project Manager @
Department of the Army, Corps of Engineers, St. Paul District
ATTN: CO-R, 190 Fifth Street East
St. Paul, MN 55101-1638
Individual members of the public who requested a copy, summary only: none
You are hereby notified that the decisiou of the Local Government Unit on the above-referenced application
was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached.
Pursuantlo Minn. R. &420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to
the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this
Notice.
NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking credits is
conditional upon withdrawal of the appropriate credits from the state wetland banle No wetland impacts may
commence until the applicant receives a copy of the fully signed and executed "Application for Withdrawal of
Wetland Credits," signed by the BWSR wetland bank admiuistrator certifying that the wetland bank credits have
been debited.
THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act. Additional approvals or
permits from local, state, and federal agencies may be required. Check with all appropriate authorities
before commencing work in or near wetlands.
S-d~-Gt--
Date
Nicola Blake-Bradley, Environmental Technician
- Page 2 of2
No loss notice - Powell arnendment 5-]&-07 9/16/04