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<br />City of Elk River Policies on the <br />WETLAND CONSERVATION ACT (WCA) <br /> <br />ADMINISTRATION <br /> <br />The City of Elk River administers the WCA throughout the City. <br /> <br />APPEAL PROCEDURE <br />& PROCESS <br /> <br />It is the intention of the City of Elk River to give the WCA <br />participants one (1) opportunity to meet directly with the <br />Technical Evaluation Panel (TEP) to add input into the decision <br />before the actual decision is made. If this has not occurred, the <br />fIrst level of administration appeal will be the City Council. If the <br />appeal remains unresolved, the applicant can appeal to the Board <br />of Water and Soil Resources as specifIed in Chapter 8420.0280. <br />Additionally, if new information is to be presented which has not <br />been seen by the TEP for evaluation, it will be returned to the <br />TEP for reconsideration. This policy will be strongly enforced. <br /> <br />DELINEATIONS <br /> <br />All delineations shall be done by private delineators. <br />. Staff should avoid providing delineations except in very <br />rare cases where private delineators are impractical due to <br />availability or the project is such that the cost of the <br />delineation greatly increases the cost of the project. <br /> <br />WINTER <br />DELINEATIONS <br /> <br />Winter delineations are extremely hard to review and in many <br />cases accuracy could be questionable. "Winter" may be <br />interpreted as frost in the ground and/ or unreliable vegetation <br />cataloging. No delineations will be accepted during the non- <br />growing season as they are unable to be verifIed. <br /> <br />MITIGATION <br /> <br />Wetland replacement citing is important because certain site- <br />specifIc wetland functions may be critical. On-site mitigation and <br />mitigation within the same watershed are preferred under WCA <br />rules. It is the policy of the City of Elk River to require on-site <br />mitigation within the same minor watershed <br /> <br />. The City's requirement is to provide 2:1 replacement on- <br />site <br /> <br />. 2-celled retention/ detention ponds will not be counted as <br />wetland mitigation <br /> <br />NOTIFICATION <br /> <br />Persons involved in an appeal/mitigation plan for Wetland Law <br />activities need to be notifIed if action will be taken on their <br />project at a City Council meeting so that as an "interested party" <br />they might attend. <br /> <br />NOTIFICATION <br />PROCESS <br /> <br />The notifIcation process will be allowed to proceed without <br />formal City Council authorization. <br />