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ITEM # 5.1. • 'L 11,L* City of Elk River MEMORANDUM TO: Planning Commission FROM: Stephen Rohlf, Building and Zoning Administrator DATE: July 23, 2002 J�- SUBJECT: Request by Terri Bostrom to Create a Pond - CU 02-25/P.H. Section 900.31 (5) ("Excavation, Grading and Filling") states that excavation in a wetland that encompasses more than one parcel requires a conditional use. If a wetland is jointly owned, what one owner does can affect another. The intent of this requirement is to provide the other owners of a wetland an opportunity to voice concerns. Staff has dismissed the CUP process when all of the owners of a pond are doing a project jointly. Ms. Bostrom is proposing to excavate an approximately 5,000 square foot area in a Type 2 wetland to create some open water for ducks and aesthetics. The wetland in question is rather large, over 30 acres in size, with a branch of County Ditch#28 running through it. It is dominated with reed canary grass. It is highly unlikely that her proposed project will affect other owners of this wetland. Attached is a vicinity map of Ms. Bostrom's property. Also attached is an aerial photo showing the location of the pondiand where the spoils are proposed to be deposited. On • the photo you can note the location of the county ditch on the west side of her property. Staff has made a decision that Ms. Bostrom's project meets the "No Loss" exemption of the Wetland Conservation Act(WCA) and has sent out a combined notification of this decision to: the Minnesota Department of Natural Resources, U.S. Army Corps of Engineers, the Minnesota Board of Water and Soils Resources, the Sherburne County Soil and Water Conservation District,the City Engineer and the Sherburne County Ditch Inspector(due to the wetland's proximity to a county ditch). Staff is recommending approval of this request under the following conditions: ➢ staff's decision on the WCA is not overturned on an appeal, ➢ the County Ditch Inspector approves the project, ➢ for safety reasons, a maximum of 4 to 1 slopes are maintained in the wetland, ➢ all spoils removed from the wetland are deposited on upland areas of Ms. • Bostrom's property.