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Item # 5.5. Memorandum TO: Mayor and City Council FROM: Rebecca Haug,Environmental Tech. DATE: September 7,2004 SUBJECT: Wetland Conservation Act Decision—J& B Mining -WCA 04-08 Proposal—J&B Mining to impact 85,294 square feet of Type 2 wetland all in one locations to accommodate the excavation of peat and gravel. A map showing the proposed wetland impact and replacement is attached. The Elk River City Council is the Local Unit of Government charged with decision-making authority for the Wetland Conservation Act(WCA). Schuer,Inc. is proposing to expand a gravel mining operation adjacent to the J&B Mining site. That proposal also has wetland impacts. The wetland restoration for the project ties into the mitigation for the J&B Mining project. Wetland restoration can't be deemed complete for either project until both are finished. Further, J &B Mining is purchasing some of the excess wetland credits from the Schuer site. FINDINGS Liesch Companies prepared a Wetland Delineation Report for the property dated, May 17, 2004. Combined notification of the proposed wetland impact and replacement plan was mailed out to the appropriate governmental agencies on July 1, 2004. The Technical Evaluation Panel (TEP)reviewed the delineation and replacement plan July 8, 2004. The minutes of that meeting are attached. The comment period on this issue ended on July 21, 2004. The appeal period for this issue is 15 working days after the Council's decision. RECOMMENDATION Staff recommends approval of the filling and mitigation plan for this project with the following stipulations: 1. A restrictive covenant and drainage and utility easement be recorded over the mitigation and buffer areas.