6.2. SR 06-18-2001l ver
13065 Orono Parkway
Elk River, MN 55330
TO:
FROM:
DATE:
Item
Memorandum
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
JUNE 18, 2001
6.2.
SUBJECT:
WETLAND CONSERVATION
ACT DECISION - TWIN LAKES
TOWNHOMES WCA 01 - 7
Four wetlands are located on the property included in plat of Twin Lakes Twonhomes.
Filling wetlands was avoided in the first two phases of this plat. However, Jerick 2, LLC
is proposing to fill 11,326 square feet or .26 acres of wetland to accommodate townhomes
in the third addition. The proposed filling for the third addition affects two of the four
wetlands, which are type 2, drained wetlands. The Technical Evaluation Panel (TEP)
agreed with the proposed filling due to road alignments.
Replacement wetland will be created on site. The petitioner originally proposed to buy
public value credit off site, but the TEP recommended against this request. Instead, the
applicant will create buffer areas adjacent to natural wetlands on the site for public value
credit.
A map is attached to this memo showing the wetland areas proposed to be filled and the
mitigation areas. The buffer areas recommended by the TEP are not shown.
FINDINGS
Kjolhaug Environmental Services prepared a Wetland Delineation Report for the
property, dated May 24, 2000.
The Technical Evaluation Panel originally reviewed this plat on September 26, 2001 and
looked at the third addition again on May 15,2001.
Combined notification of the proposed filling and replacement plan was mailed out to the
appropriate governmental agencies on May 17, 2001.
The comment period ended June 15, 2001. No negative comments were received by the
city on the proposed wetland plan from the mailed notice.
The Technical Evaluation Panel found the proposed wetland filling and wetland
mitigation plan application dated, May 16, 2001, acceptable under the rules of the
Phone: 763.441.7420
Fax: 763.441.7425
www. ci.elk-river, mn.us
Wetland Conservation Act with the exception of creating on-site buffer areas instead of
buying public value credits and stipulations listed below.
RECOMMENDATION
Staff recommends approval of the revised filling and mitigation plan for this project
with the following stipulations:
That buffer areas are created in a manner and locations agreed to by the
petitioner and the TEP. In addition, that signage identifying the buffer areas is
placed in the locations agreed to by both.
2. That a restrictive covenant and drainage and utility easement be recorded on the
mitigation and buffer areas.
3. That the Developer's Agreement for the project includes language that places
the responsibility for the success of the wetland mitigation on the developer.
4. That the letter of credit, which covers the public improvements associated with
the project, also includes the cost of the mitigation work.
That the developers 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.
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