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<br />The Technical Evaluation Panel, has reviewed wetland issues for compliance with <br />the WCA and is recommending approval of both the wetland impacts and wetland <br />mitigation for the operation. The TEP's recommendation for approval included <br />purchasing excess wetland credit from the Schuer site. The CUP requires that the <br />wetland purchase is completed prior to the operation commencing. Section 9d of <br />the attached CUP also requires monitoring of the wetland mitigation, which is to be <br />secured by a letter of credit. The grading for the wetlands will be covered through <br />the CUP for the mining, so the letter of credit will only need to cover the other <br />aspects of reclamation such as seeding. Staff recommends the letter of credit be <br />based on $2,500 per wetland acre. <br /> <br />The proposed wetland restoration plan is based on the premise that the groundwater <br />level incurred is not a perch water table. If information to the contrary is discovered, <br />the Operation shall cease until new mining and restoration plans are submitted and <br />approved by the City. <br /> <br />Setbacks - Normal mining setbacks (50 feet from property line) are proposed on <br />the east and south sides of the operation. To the west, the operation ties into the <br />Schuer mine and no setback is proposed. On the north, mining is proposed to the <br />property line with this area being restored to 4 to 1 slopes. The J & B mining <br />property is bordered on the north by Ernie Toth's property, which is currently being <br />mined by Bauerly Bros. Staff is recommending approval of no setback in this <br />location. <br /> <br />Recommendation: the Planning Commission is recommending approval of this request <br />under the conditions contained in the attached conditional use permit. Representatives of <br />J & B Mining are in agreement with those conditions. <br />