6.3. SR 10-21-200213065 Orono Parkway
Elk River, MN 55330
TO:
FROM:
DATE:
Item 6.3.
Memorandum
Mayor and City Council
Stephen Rohlf, Building and Zoning
Administrator ~g.
October 21, 2002
SUBJECT: Wetland Conservation Act Decision-
Birchview WCA 02-11
Proposal - The developer of Bir6hview is proposing to fill 8,050 square feet of Type 3
wetland in a single location to accommodate the road for the plat. It is the only physical
way to access the eastern portion of the property. The Technical Evaluation Panel (TEP)
for the City of Elk River reviewed the proposal and found both the filling and
replacement plan acceptable. The replacement plan consists of 9,200 square feet of New
Wetland Credit and 6,900 square feet of Upland buffer. The new wetland will be created
adjacent to the existing wetland on the site. A map showing the filling and replacement is
attached to this memo.
Typically, the city requires all runoff from paved surfaces b6 treated in sedimentation
ponds, prior to discharge into natural water bodies. To save trees, the developer do...es not
want to construct a sedimentation pond on the east side of the natural pond on the
property. However, they can't get the eastern most portion of the road to drain to the west
of this pond, where a sedimentation pond is proposed. Sedimentation running into a
wetland is a violation of the Wetland Conservation Act. Staff is recommending that the
swale to transfer runoff from the eastern portion of the road be as long as elevation
permits to help filter sediment and that the swale either contain a dike to trap sediment
and/or is deepened to serve the same purpose.
FINDINGS
Kjolhaug Environmental Services prepared a Wetland Delineation Report for the property
dated, May 9, 2002.
The Technical Evaluation Panel reviewed the delineation on May 30, 2002 and the
replacement plan on July 11, 2002. A representative from the Minnesota Department of
Natural Resources (DNR) was present at the July 11 TEP meeting for this issue.
Combined notification of the proposed filling and replacement plan was mailed out to the
appropriate governme .ntal agencies on August 6, 2002.
The comment period ended September 5, 2002 and no negative comments were received.
Phone: 763.441.7420
Fax: 763.441.7425
www. ci.elk- river, mn.us
The Technical Evaluation Panel found the proposed wetland filling and wetland
mitigation plan application dated, August 3, 2002, acceptable under the rules of the
Wetland Conservation Act with t..,he stipulations listed below.
RECOMMENDATION
Staff recommends approval of the filling and mitigation plan for this project with
the following stipulations:
1. A restrictive covenant and drainage and utility easement be recorded over the
mitigation and buffer areas.
2. The Developer's Agreement for the project includes language that places the
responsibility for.the success of the wetland mitigation on the developer. ~.
3. The letter of credit, which covers the public improvements associated with the
project, also includes the cost of the mitigation work.
e
The developer submit a written monitoring report on the replacement wetlands
one year after this mitigation work is completed and that this report be
approved by city staff prior to the release of the letter of credit.
The swale for run-off from the eastern portion of the road shall be built with a
dike across it (min. one foot high) to trap sediment prior to discharging into the
natural wetland on the property and/or a portion of it is deepened to serve the
same purpose. A pad for cleaning the trapped sediment shall also be constructed
adjacent to whatever is used for this purpose.
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