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'~ J/ <br />Elk REQUEST FOR ACTION <br />River <br />TO ITEM NUMBER <br />Ma or and Ci Council 7.2. <br />AGENDA SECTION MEETING DATE PREPARED BY <br />Community Development November 21, 2011 Rebecca Haug, Environmental <br /> Administrator <br />ITEM DESCRIPTION REVIEWED By <br />Request by Todd Plaisted for Conditional Use Permit for Cal Portner, Ci Administrator <br />Wetland/Pond on Heinen Property, Case No. CU 11-18 - REVIEWED BY <br />Public Hearing <br />ACTION REQUESTED <br />Staff and the Planning Commission recommend that the Ciry Council approve the conditional use permit <br />(CUP) request to extract soil from the northern wetland on the Heinen property to create a wildlife pond <br />with the following conditions: <br />1. All work is completed within two years of project and slopes are a minimum of 4:1 <br />2. All spoils removed from the wetland are deposited on upland areas <br />3. Hours of operation will be limited to 7:00 a.m. - 7:00 p.m., Monday -Saturday <br />4. Applicant must install truck hauling signs on Brook Road <br />BACKGROUND/DISCUSSION <br />The Ciry Code Chapter 42, Natural Resources, Sec. 42-51 (c) allows mineral extraction activities to exceed <br />100 cubic yards which will be completed within two years to receive a conditional use permit only. A <br />license and zone change is not required. The applicant initially planned to do this project over a three to <br />five year time frame but has decided to complete the project within two years. <br />Todd Plaisted and Paul Heinen are requesting a permit to excavate organic soils from approximately 10.5 <br />acres of type 2 wetland to a maximum depth of six feet (average depth of four feet) over a two year time <br />frame to create an open water pond and wildlife habitat. The slope of the wetland will have a minimum <br />of 4:1 or shallower on all sides. The shape of the pond will be irregular and the basin will have an <br />undulating bottom with an island roughly located in the center of the open water area. The wetland has <br />been drained through a private drainage ditch which will supply water for the pond but maintain <br />connection to the ditch system to the east with no changes to the inlet or outlet of the ditch. Excavation <br />and slope shaping will occur during the winter months by using a backhoe excavator. Spoils will be placed <br />on an upland site for dewatering if necessary, although it is expected that the organic soils may be hauled <br />directly to the Plaisted Company site (located three to four miles away) as weather and road conditions <br />allow. Approximately 64,500 cubic yards of material would be removed over two years with <br />approximately 1300 - 1500 truckloads total (260 - 300 per year). <br />This request has been reviewed and approved by the Technical Evaluation Panel (TEP) who is <br />responsible for making determinations on wetland activities. During the public notice of the wetland <br />application, one comment was received. The letter is attached. The main concern was safety on Brook <br />Road and a suggestion was made to limit the hours of hauling to 9 a.m. to 2 p.m. to allow for school <br />traffic to be over. <br />P I ~ E R E D 1 1 <br />N:\Public Bodies\Ciry Council\Counal RCA\Agenda Packet\l 1-21-2011 \CU 11-18.docx ~~~~~~ <br />