6 PCSR 01-26-1993 - Laserfiche WebLink

Home Browse Search

approximately 3 acres, and would maintain an average depth of 5 ' . The plans show that the project would be completed in two phases and would take approximately 2 years to complete. In September of 1992 , the Elk River City Council adopted an • ordinance amendment which regulates excavation activity. According to this ordinance, excavation or the removal of fill from a site is subject to a conditional use permit, mineral excavation license, and zone change. If the project is completed in under 2 years, it is only subject to the conditional use permit. Mr. Shoemaker's request meets this exception. Excavation, grading, or filling in a wetland area which encompasses more than one parcel also requires a conditional use permit. This is done to give adjoining property owners input regarding changes in the composition of a wetland that abuts their property. Wetland Conservation Act In addition to being subject to City ordinances, this request is also subject to the 1991 Wetland Conservation Act, adopted by the State legislature. This act regulates activities in wetlands by requiring multiple agencies to review requests . Staff has notified the DNR, the Army Corps of Engineers, the Soil and Water Conservation District (SWCD) , and the Board of Water and Soil Resources (BWSR) in regards to this request. Attached is a letter from Dale Homuth, area hydrologist for the DNR, dated December 8, 1992 . Although this wetland is not • protected by the DNR, Mr. Homuth has some interesting comments in regards to altering a wetland in the manner proposed. Mr. Homuth states that he does not feel the proposed alteration should be considered a wildlife habitat improvement. Mr. Homuth also suggests several alterations to the plan if the City does approve the project. Also attached is a letter from Ben Wopat of the Army Corps of Engineers, regarding this request. Because this is not a navigable water and no fill will be placed within the wetland area, a permit from the Department of the Army is not required. Staff is still waiting for responses from the SWCD and the BWSR. The proposed permanent rules which will take affect in July 1993, will regulate changing the type or value of a wetland, therefore, response from BWSR is of particular importance. We hope to have their comments available for Tuesday's meeting. Terry Maurer, City engineer, has reviewed this request regarding issues such as traffic, street disruption, and drainage which need to be addressed. Mr. Maurer' s comments are found in the attached letter dated December 3, 1992 . TRAFFIC • The proposed project involves the removal of 31,250 cubic yards of black dirt in a residential area. Considering that a