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Item ~ 5.2. <br /> <br />Memorandum <br /> <br />TO: <br /> <br />Mayor and City Council <br /> <br />FROM: <br /> <br />Rebecca Haug, Environmental Tech. <br /> <br />DATE: <br /> <br />September 7, 2004 <br /> <br />SUBJECT: Wetland Conservation Act Decision - <br /> Schuer, Inc. - WCA 04-07 <br /> <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 /> <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 /> <br />FINDINGS <br /> <br />Liesch Companies prepared a Wetland Delineation Report for the property. <br /> <br />Combined notification of the proposed wetland impact and replacement plan was mailed <br />out to the appropriate governmental agencies on June 2, 2004. <br /> <br />The Technical Evaluation Panel (TEP) reviewed the delineation and replacement plan on <br />May 5, 2004 and June 8, 2004. The minutes of these meetings are attached. <br /> <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 /> <br />RECOMMENDATION <br /> <br />Staff recommends approval of the filling and mitigation plan for this project with <br />the following stipulations: <br /> <br />1. A restrictive covenant and drainage and utility easement be recorded over the <br /> mitigation and buffer areas. <br /> <br /> <br />