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