10 PCSR 03-23-1993 - Laserfiche WebLink

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Preliminary Plat, Iry Moldenhauer Page 3 March 18, 1993 411 SEDIMENTATION POND A sedimentation pond for the storm drainage from this plat and the plat of Heritage Landing is proposed adjacent to the east of Lots 7 , Block 3, Phase IV, and Lot 14, Block 2 , Phase V. The purpose of the sedimentation pond is to remove impurities from the storm water prior to it being released to the Mississippi River. The location of this pond is within the floodway of the Mississippi River next to a backwater. The DNR does not consider this stretch of backwater being part of the river because there is a high point that physically separates the actual riverbed from it. A DNR permit is not required for this sedimentation pond. Staff is waiting for comments from the Army Corps of Engineers to make sure they have the same interpretation as the DNR regarding this backwater not being part of the Mississippi River. If the Corps ' interpretation is the same as the DNR' s and the sedimentation pond is built above the ordinary high water mark of the adjacent backwater, a Corps permit will not be needed. This sedimentation pond will be constructed as part of the City project, therefore, it will be the City acquiring the necessary permit from the Corps . CONDITIONAL USE PERMIT • In any event, according to Section 902 . 06 ( 3) (b) of the Elk River Code of Ordinance, a conditional use permit will be required for the creation of this sedimentation pond because it is located within the floodway of the Mississippi River. Staff is recommending approval of the conditional use permit for the excavation of this pond with the following stipulations : 1 . THE EXCAVATED MATERIAL IS REMOVED FROM THE FLOODWAY. 2 . THE EXCAVATION TAKES PLACE ABOVE THE ORDINARY HIGH WATER MARK OF THE ADJACENT BACKWATER. 3 . AN ARMY CORPS OF ENGINEERS PERMIT IS OBTAINED, IF REQUIRED. 4 . THE SIDE SLOPES OF THIS SEDIMENTATION POND MEET CITY STANDARDS FOR SAFETY REASONS. TREE REMOVAL The first phase of this plat does not require any significant tree removal . Future phases, especially those in the southern portion of the plat, will necessitate the removal of trees . Stumps should not be left in this plat after the removal of 411 trees and care should be taken not to damage remaining trees . Specific tree protection stipulations should be placed on these future phases during final plat review.