9.5. SR 10-02-1995~ \\/
ity of
lk~ River
MEMORANDUM
TO: Mayor and City Council
ITEM 9.5.
FROM: Gary Schmitz, Planning Assistant ~.~,
DATE: October 2, 1995
SUBJECT: Wetland Replacement Plan for Jeff
Mastley and Randy Lindquist -
Weatherwood Subdivision
Case No. WCA 95-4
Request
Jeff Mastley and Randy Lindquist are requesting approval to fi].l..32 acres of
wetland area in the Weatherwood Subdivision. The filled wetland area
would be replaced by .64 acres of replaced wetlands on the same property.
Location
The property can generally be described as that area lying east of Zebulon
Street (County Road 72) and directly south of the Fairhaven Hills
Subdivision.
Zoning/Land Use
R1a (Single Family Residential) f LR (Low Density Residential)
Attachments
• Location Map
• Site Plan
• Letter from Sherburne County SWCD dated August 23, 1995.
Background
On July 24, 1995, Jeff Mastley and Randy Lindquist received preliminary
plat approval for the plat of Weatherwood. The site consists of approximately
80 acres of land being divided into 21 parcels. The subject site does contain
several wetland basins throughout the property. The applicants and staff
have worked together to avoid most of the wetland areas, however, the
applicants are proposing to fill .32 acres of wetlands. The wetland fill areas
13065 Orono Parkway • P.O. Box 490 • Elk River, MN SS330 • (612) 441-7420 • Fax: (612) 441-7425
Weatherwood Wetland Replacement
October 2, 1995
Page 2
are primarily for the construction of roads off of Zebulon Street and for the
construction of roads within the plat. The Wetland Conservation Act
requires that any wetland which is filled be replaced on a 2:1 basis.
Therefore, if the applicant fills .32 acres of wetlands, this area is required to
be replaced with .64 acres of wetlands. A condition of approval for the
preliminary plat was that the applicants receive approval of the wetland
replacement plan by the City Council prior to final plat approval.
Finding's
Staff believes the applicants have met the intent of the Wetland
Conservation Act through wetland avoidance, minimization, etc. The
applicants have provided staff with different alternatives for developing the
site and, through a series of staff meetings, it was determined that the
proposed layout best meets the intent of the Wetland Conservation Act. The
findings that staff used to approve the sequencing of the project are as
follows:
1. The wetland filling areas are the direct result of providing a minimum
of two access points in and out of the subdivision. Without filling a
portion of the wetland near Zebulon Street there would only be one
access point to the subdivision which would be a safety concern of the
city.
2. The other two small wetland filling areas are the result of providing an
extension of the roads in this plat to the surrounding undeveloped
land. This effort will tie together future subdivisions which will take
place in the area in order to have a comprehensive transportation
system.
3. The location of wetland filling area in the center of the property might
be the result of a break in the county tiled ditch system. Therefore,
replacement of this area may prove to be unnecessary if this factor can
be proven through aerial photos.
' 4. The small wetland proposed to be filled near Lot 1, Block 3, is
unnecessary to avoid due to the fact that if the wetland was avoided, it
would be located very close to 199th Avenue and more than likely
severely impacted by the urban growth and road runoff. Amore
environmentally sound alternative would be to fill this small wetland
and increase the size of an existing larger wetland basin which will
provide greater public value by increasing flood retention capabilities
and groundwater recharge capabilities. The larger wetland basin
® would also provide greater benefits to wildlife.
s:weatherw
Weatherwood Wetland Replacement
October 2, 1995
Page 3
Replacement Plan
The applicant has provided staff with a replacement plan showing the size
and locations of where the wetlands will be replaced. The wetland
replacement plan was sent to several different agencies as required by the
Wetland Conservation Act. The City of Elk River has only received one
response from the Sherburne County Soil and Water Conservation District.
Their comments include that their replacement does appear to be workable
and should meet the goals and objectives of the Wetland Conservation Act. A
copy of this letter is attached to this memo. The City of Elk. River did not
receive any other responses to the replacement plan.
The wetland replacement area is shown on Lots 5 and 6, Block 1 and Lot 5,
Block 3. Both the replacement areas would involve enlarging the existing
wetland basin. Staff is concerned about the replacement area on Lots 5 and
6, Block 1, due to the fact that a portion of the replacement area is within the
easement area of County Ditch #28. If this proposal is approved, staff would
recommend that the wetland replacement area occur outside of the ditch
right-off-way. Therefore, the mitigation area will have to be changed to
accommodate the necessary size and shape of the mitigation area. As part of
the wetland replacement plan approval, a legal description of the
replacement area will need to be provided and recorded with the county.
This is a requirement of the Wetland Conservation Act.
Monitoring Plan
As part of the approval process, the applicant will be required to submit a
monitoring plan on a yearly basis updating the city and state of the progress
of the replaced wetlands. This is a requirement of the Wetland Conservation
Act to ensure that the replaced wetlands actually function as wetlands. If
the replaced wetlands fail and do not take on hydraulic characteristics, the
applicant will be required to either fix the situation or replace the wetlands
in another location. With this in mind, staff would recommend that as part
of the final plat approval process for the Weatherwood Subdivision, the
required Letter of Credit be increased to include the replacement of the
wetlands as a guarantee that the replacement can be accomplished. A dollar
value has not been determined for the wetland replacement Letter of Credit,
however, this dollar figure will be finalized at the time of final plat approval.
Tech Panel Meeting
On September 26, 1995, the City of Elk River held a tech panel meeting
concerning the wetland filling for the Weatherwood Subdivision. Members of
the tech panel include myself, Steve Rohlf and Terry Maurer with the City,
and Bill Brooder with the Soil and Water Conservation District and Keith
s:weatherw
Weatherwood Wetland Replacement
October 2, 1995
Page 4
Grow with the Board of Water and Soil Resources. The Board of Water and
Soil Resources is the state agency which oversees the Wetland Conservation
Act. The tech panel reviewed the proposal and feels the. applicants meet the
sequencing requirements and intent of the Wetland Conservation Act.
Recommendation
Staff and the Tech Panel recommend approval of the replacement plan
provided by Jeff Mastley and Randy Lindquist to fill .32 acres of wetlands
within the Weatherwood Subdivision based upon the finding listed in stafE"s
memo. The replacement plan will consist of replacing the lost wetland area
with .64 acres of created wetlands. If the proposal is approved, staff would
recommend the following conditions be added:
1) The mitigation area on Lots 5 and 6, Block 1 be relocated to not
include any portion of County Ditch 28 within the mitigation area.
2) A legal description be provided for both the replacement areas and
recorded with Sherburne County as required by the Wetland
Conservation Act.
3) A monitoring plan be submitted on a yearly basis by the developer so
• that the progress of the replaced wetlands can be assessed.
4) The city determine a dollar value of the wetland replacement areas
and include that with the letter of credit which is required as part of
the final plat approval to ensure that the replaced wetlands do in fact
become wetland.
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pp6 ti~ ~~ SHERBURNE SOIL AND WATER
CONSERVATION DISTRICT
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MINNESOTA
SOIL AND WATER
12433 Pine Street
P.O. Box 250
Becker, MN 55.'j06
Tel. (612) 261-4445
CONSERVATION DISTRICTS
Date: August 23, 1995
To: Gary Schmitz, Planning Assistant
Elk River Zoning Office
From: William Bronder, District Technic
Re: Wetland Replacement Plan, Weatherwood Plat
Regarding the Weatherwood Plat wetland replacement plan, it
appears that the Developers have attempted to avoid and
minimize the wetland impacts. Their replacement plan does
appear to be workable and should meet the goals and
objectives of the Wetland Conservation Act (WCA).
One concern, will the repair of the the lines affect the
hydrology in the wetland replacement areas? Also, excavated
ponds must have 5:1 side slopes or flatter and be recorded
on the abstract. Finally, since the proposed fill will be
exceeding 10,000 sq. ft. it is important that the Corps of
Engineers be notified.
If you have any questions, please contact me.
AN EQUAL OPPORTUNITY EMPIOYEFl
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"PROPOSED"
INCLUDING GRADING Ek DRAINAGE PLAN
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REPLACCMENT AREA
FILL AREA
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