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6.3. SR 08-19-2002Item 6.3. City ~ I ver MEMORANDUM TO: Mayor and City Council FROM: DATE: Stephen Rohlf, Building and Zoning Administrator August 19, 2002 SUBJECT: Request by Terri Bostrom to Create a Pond -CU 02-25/P..H. Section 900.31 (5) ("Excavation, Grading and Filling") states that excavation in a wetland that encompasses more than one parcel requires a conditional use. If a wetland is jointly owned, what one owner does can affect another. The intent of this requirement is to provide the other owners of a wetland an opportunity to voice concerns. Staff has dismissed the CUP process when all of the owners of a pond are doing a project jointly. Ms. Bostrom is proposing to excavate an approximately 5,000 square foot area in a Type 2 wetland to create some open w~ter for ducks and aesthetics. The wetland in question is' rather large, over 30 acres in size, with a branch of County Ditch #28 running through it. It is dominated with reed canary grass. It is highly unlikely that her proposed project will affect other owners of this wetland. Attached is a vicinity map of Ms. Bostrom's property and an aerial photo showing the location of the pond and where the spoils will be deposited. On the photo you can note the location of the county ditch on the west side of her property. A letter regarding this issue from Sherbume County Ditch Inspector John Norgren, dated July 8, 2002, is also attached to this memo. Staff has made a decision that Ms. Bostrom's project meets the "NO Loss" exemption of the Wetland Conservation Act (WCA) and has sent out a combined notification of this decision to: the Minnesota Department of Natural Resources, U.S. Army Corps of Engineers, the Minnesota Board of Water and Soils Resources, the Sherbume County Soil and Water Conservation District, the City Engineer and Sherbume County. CITY PARK 16 7 193RD AVENUE 17 ~9 1 .4: OUTLOT A LOcation Map Case Number: AS 02-03 Bob & Terri Bostrom N Staff is recommending approval of this request under the following conditions: staff's decision on the WCA is not overturned on an appeal, for safety reasons, a maximum of 4 to 1 slopes are maintained in the wetland, all spoils removed from the wetland are deposited on upland areas of Ms. Bostrom's property and a minimum of 66 feet from the county ditch, although the proposed pond will be in a drainage and utility easement, the maintenance of it is solely the responsibility of the petitioner. Ju_ly 8, 2002 JUL 2O02 Sherburne County ADMINISTRATOR'S OFFICE JOHN N. NORGREN Ditch and Drainage Inspector 13880 Highway 10 Elk River, MN 55330-4601 763-241-2701 E3 1-800-433-5229 763-441-6894 E3 612-940-4777 cellular Mr. Stephen Rohlf, Building & Zoning Administrator City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 WCA 02-10, 5000 sq. ft. Pond in a Type 2 Wetland NE1/4 of the SW1/4 Sec. 29, Twp. 33, R26, City of Elk River Sherburne County Dear Steve, On July 5th, 2002, I met with Terri Bostrom at 13301 192-1/2 Ave. N.W. and looked at the proposed site for the above described pond for wildlife. It appears this will set in very well in the wildlife area. Ms. Bostrom informed me that all the material removed wOuld be placed up around the home, thereby leaving the area around pond level with the land around it. I informed her they would have to stay a minimum of 66 feet away from the top edge of ditch #28 and can not be connected to ditch #28 in any manner. I have no problem with this proj ecl going forward. Should you have any questions please contact me. ',espe , _ /~hn N. Norgren ;herburne County Ditch and Drainage Technician CC'- Ramona Doebler, Sherburne County Auditor/Treasurer Rebecca Haug, Sherburne County Environmental Specialist Terri Bostrom, 192-1/2 Ave. N.W., Elk River, MN 55330