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<br />City Council Ivlinutes <br />September 7, 2004 <br /> <br />Page 5 <br /> <br />----------------------------- <br /> <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 W'etland Delineation Report as prepared by Liesch Companies. <br /> <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 /> <br />1. A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY <br />EASEMENT BE RECORDED OVER THE MITIGATION AND BUFFER <br />AREAS. <br /> <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 /> <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 /> <br />MOTION CARRIED 4-0. <br /> <br />5.3. Consider Conditional Use Pennit for Mineral Excavation by T&B Mining <br /> <br />Building and EnviIonmental Adininistrator Stephen Rohlf stated rhat J & B Mining is <br />requesting approval of a Conditional Use Pennit for mineral excavation. Mr. RoWf stated <br />rhat approximately 1,190,000 cubic yards of material is proposed to be mined, about 1/3 of <br />which is peat. Mr. Rohlf explained rhe traffic, groundwater, wetland, and setback issues as <br />presented in his staff report. Mr. RoWf noted rhat gravel from rhe J & B Mining site will be <br />hauled rhrough the Schuer, Inc. site to Elk River Bituminous. <br /> <br />Mr. Steve RoWf stated rhat the public hearing on this issue is scheduled for September 20, <br />2004 and Council action will be requiIed at rhat time. <br /> <br />SA. Consider EnviIonmental Assessment Worksheet for T&B Mining <br /> <br />Building and Zoning Administrator Stephen Rohlf explained rhe EnviIonmental Assessment <br />Worksheet (EA W) for J & B Mining. He stated rhat rhe purpose of rhe EA W is to describe <br />rhe project and garher information to identify any potential enviIonmental effects. Mr. Rohlf <br />reviewed the comments received to the EA Was presented in his staff report. <br /> <br />Mr. Rohlf stated that staff believes the EA W adequately reflects rhe project and the potential <br />environmental effects. He indicated that staff recorrunends a negative declaration on the <br />need for an EnviIonmental Impact Study (EIS). <br />