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I item 5 2 a <br /> i <br /> Memorandum <br /> T®: Mayor and City Council <br /> FROM: Rebecca Haug,Environmental Tech. <br /> DATE: September 7,2004 <br /> SUBJECT: Wetland Conservation Act Decision— <br /> Sehuer,Inc. - WCA 04-07 <br /> Proposal— Schuer, Inc. is proposing to impact 8,280 square feet of Type 2 wetland, all in <br /> one location,to accommodate the excavation of gravel. A map showing the proposed <br /> wetland impact and replacement is attached. The Elk River City Council is the Local <br /> Unit of Government charged with decision-making authority for the Wetland <br /> Conservation Act(WCA). <br /> Schuer, Inc. is proposing to expand a gravel mining operation adjacent to the J & B <br /> Mining site, which also has wetland impacts. The wetland restoration for the two projects <br /> ties together. Wetland restoration can't be deemed complete for either project until both <br /> are finished. Further,J &B Mining is purchasing some of the excess wetland credits <br /> from the Schuer site. <br /> i <br /> FINDINGS <br /> Liesch Companies prepared a Wetland Delineation Report for the property. <br /> Combined notification of the proposed wetland impact and replacement plan was mailed <br /> out to the appropriate goverrunlental agencies on June 2, 2004. <br /> The Technical Evaluation Panel(TEP)reviewed the delineation and replacement plan on I <br /> May 5, 2004 and June 8, 2004. The minutes of these meetings are attached. <br /> j <br /> The comment period on this issue ended on June 23,2004. The appeal period for this <br /> issue is 15 working days after the Council's decision. <br /> RECOMMENDA'T'ION <br /> Staff recommends approval of the filling and mitigation flan for this project with <br /> the following stipulations: <br /> 1. A restrictive covenant and drainage and utility easement be recorded over the <br /> mitigation and buffer areas. <br /> i <br /> t <br /> i <br /> I( <br /> i <br />