6.4. SR 05-20-2002 - Laserfiche WebLink

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County Ditch - A related issue that came up at the TEP review is the fact that the plat ultimately drains to Branch 13 of Sherburne County Ditch #1. Sherburne County will need to review and approve the drainage calculations for the plat and the property must go through a reapportionment for ditch assessments. A map is attached to this memo showing the wetland areas proposed to be filled and the mitigation areas, including the buffer areas. Comments - The comment period ended April 27, 2002. The only two responses received were from the Minnesota Department of Natural Resources (DNR). The first was the attached letter from the DNR Division of Waters, dated March 19, 2002, basically stating that the wetlands in the plat are not considered "Public Waters". The DNR Regional Administrator, C.B. Bylander, also commented in a letter dated, April 23, 2002, which is attached. In response to this second letter, staff appreciates the DNR pointing out that the wetlands in question are habitat for Blanding's Turtles. Their assumption, from 150 miles away in Brainerd, that the Technical Evaluation Panel (TEP) did not follow the Wetland Conservation Act (WCA) in the review of this plat is way off base, however. Elk River's TEP is made up of a member of the Minnesota Board of Water and Soil Resources (BWSR) a member of the Sherburne County Soil and Water Conservation District (SWCD) the City Engineer and the City Building and Environmental Administrator. This body takes following the WCA very seriously. Staff offers the following responses to the main points in the April 23, 2002 letter: Roads crossing wetlands - Numerous issues have to be considered simultaneously when reviewing a plat and the outcome tends to be a compromise. The developer of this plat originally tried to use the existing farm road to access the property. For safety reasons, the city is requiring more than one access and the elimination of bong dead ends as recommended by the DNR. For similar reasons the county requires a greater separation of these accesses than the existing farm road could provide. The DNR's concern that baby Blanding's Turtles will not Joe able to climb the curb should be alleviated by the fact that the curbs in the plat will be surmountable, not barrier. Houses up to the edge of the wetlands - The DNR obviously made this comment without the knowledge that the TEP recommended and the developer revised the plat to minimize infringing on the wetland edges. Buffer areas protected by easement are proposed adjacent to the wetlands. Lots that were too close to wetland were eliminated. All fill required for lots or trails were avoided. Side slopes of streets that are required to cross the wetlands have been increased to reduce wetland impact. Finally, this plat is under the city's new regulation that requires a 20 foot setback from drainage easements, which will encompass the wetlands.