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City Council Minutes Page 5 <br /> September 7,2004 <br /> the wetland restoration for the two projects ties together and wetland restoration can't be <br /> deemed complete for either project until both are finished.Ms.Haug reviewed the findings <br /> of the Wetland Delineation Report as prepared by Liesch Companies. <br /> MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY <br /> COUNCILMEMBER DIETZ TO APPROVE THE FILLING AND MITIGATION <br /> PLAN FOR THE SCHUER,INC.PROJECT WITH THE FOLLOWING <br /> CONDITIONS: <br /> L A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY <br /> EASEMENT BE RECORDED OVER THE MITIGATION AND BUFFER <br /> AREAS. <br /> 2. THE PETITIONER SECURES LETTER OF CREDIT IN FAVOR OF THE <br /> CITY OF ELK RIVER,WHICH COVERS THE COST OF THE <br /> MITIGATION WORK. <br /> 3. MONITORING OF THE WETLAND MITIGATION WILL COMMENCE <br /> AS SOON AS RESTORATION IS COMPLETED ON BOTH THIS SITE <br /> AND THE SCHUER,INC. SITE AND CONTINUE FOR A PERIOD OF 3 <br /> TO 5 YEARS,AS NEEDED,AS DETERMINED BY CITY STAFF.THE <br /> PETITIONER SHALL SUBMIT A WRITTEN MONITORING REPORT <br /> OIN THE REPLACEMENT WETLANDS TO THE CITY AFTER THE <br /> FIRST YEAR OF MONITORING.UPON APPROVAL OF THIS REPORT <br /> BY CITY STAFF THE LETTER OF WETLAND CREDIT MAY BE <br /> RELEASED. <br /> MOTION CARRIED 4-0. <br /> 5.3. Consider Conditional Use Permit for 'neral Excavation b J&B Mining <br /> Building and Environmental Administrator Stephen Rohlf stated that J &B Mining is <br /> requesting approval of a Conditional Use Permit for mineral excavation.Mr.Rohlf stated <br /> that approximately 1,190,000 cubic yards of material is proposed to be mined,about 1/3 of <br /> which is peat.Mr.Rohlf explained the traffic,groundwater,wetland,and setback issues as <br /> presented in his staff report. Mr.Rohlf noted that gravel from the J&B Mining site will be <br /> hauled through the Schuer,Inc. site to Elk River Bituminous. <br /> Mr.Steve Rohlf stated that the public hearing on this issue is scheduled for September 20, <br /> 2004 and Council action will be required at that time. <br /> 5.4. Consider Environmental Assessment Worksheet for J&B Mining <br /> Building and Zoning Administrator Stephen Rohlf explained the Environmental Assessment <br /> Worksheet(EAW)for)&B Mining. He stated that the purpose of the EAW is to describe <br /> the project and gather information to identify any potential environmental effects. Mr.Rohlf <br /> reviewed the comments received to the EAW as presented in his staff report. <br /> Mr.Rohlf stated that staff believes the EAW adequately reflects the project and the potential <br /> environmental effects.He indicated that staff recommends a negative declaration on the <br /> , need for an Environmental Impact Study(EIS). <br />