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drainage and utility easement will not adversely effect drainage or storm water retention <br />in this area, as per the City Engineer. <br /> <br />Mr. Lenz also intends to excavate material out of an existing wetland adjacent to his <br />replacement area. His intention is to create diversity in the habitat of this wetland by <br />creating an area of open water and to generate fill for his home site. <br /> <br />FINDINGS <br /> <br />MSA, Consulting Engineers delineated the wetland in question in September of 1996. <br /> <br />The Technical Evaluation Panel was convened on 8/6/98 to consider Mr. Lenz's proposal. <br /> <br />The wetland filling and replacement plan proposed by Mr. Lenz were found acceptable to <br />the Technical Evaluation Panel. <br /> <br />On August 20, 1998, the city sent out combined notification of the proposed filling and <br />replacement plan to the necessary agencies and did not receive any negative comments <br />regarding the project. <br /> <br />The easement vacations were noticed twice in the Elk River Star News as per State <br />Statute and notice was mailed to surrounding, p~operty owners. <br /> <br />RECOMMENDATION <br /> <br />Staff recommends approval of the proposed filling, mitigation plan, and easement <br />vacation for this project with the following stipulations: <br /> <br />1. That a restrictive covenant and drainage and utility easement be recorded on the <br /> mitigation areas. <br /> <br />2. That the replacement wetland is created as described in this memo. <br /> <br />The last attachment to this memo is a resolution for approval of the easement vacations. <br />The Council must also make a motion to approve the proposed wetland filling and <br />replacement plan. Staff will prepare and execute the documents needed to place <br />easement and a restrictive covenant on the wetland replacement area prior to the property <br />transferring to Mr. Lenz. <br /> <br /> <br />