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<br />. <br /> <br />. <br /> <br />. <br /> <br />Preliminary Plat, Irv Moldenhauer <br />March 18, 1993 <br /> <br />Page 3 <br /> <br />--------------------------------- <br /> <br />SEDIMENTATION POND <br /> <br />A sedimentation pond for the storm drainage from this plat and <br />the plat of Heritage Landing is proposed adjacent to the east <br />of Lots 7, Block 3, Phase IV, and Lot 14, Block 2, Phase V. <br />The purpose of the sedimentation pond is to remove impurities <br />from the storm water prior to it being released to the <br />Mississippi River. The location of this pond is within the <br />floodway of the Mississippi River next to a backwater. The DNR <br />does not consider this stretch of backwater being part of the <br />river because there is a high point that physically separates <br />the actual riverbed from it. <br /> <br />A DNR permit is not required for this sedimentation pond. <br />Staff is waiting for comments from the Army Corps of Engineers <br />to make sure they have the same interpretation as the DNR <br />regarding this backwater not being part of the Mississippi <br />River. If the Corps' interpretation is the same as the DNR's <br />and the sedimentation pond is built above the ordinary high <br />water mark of the adjacent backwater, a Corps permit will not <br />be needed. This sedimentation pond will be constructed as part <br />of the City project, therefore, it will be the City acquiring <br />the necessary permit from the Corps. <br /> <br />CONDITIONAL USE PERMIT <br /> <br />In any event, according to Section 902.06 (3)(b) of the Elk <br />River Code of Ordinance, a conditional use permit will be <br />required for the creation of this sedimentation pond because it <br />is located within the floodway of the Mississippi River. Staff <br />is recommending approval of the conditional use permit for the <br />excavation of this pond with the following stipulations: <br /> <br />1. THE EXCAVATED MATERIAL IS REMOVED FROM THE FLOODWAY. <br /> <br />2. THE EXCAVATION TAKES PLACE ABOVE THE ORDINARY HIGH <br />WATER MARK OF THE ADJACENT BACKWATER. <br /> <br />3. AN ARMY CORPS OF ENGINEERS PERMIT IS OBTAINED, IF <br />REQUIRED. <br /> <br />4. THE SIDE SLOPES OF THIS SEDIMENTATION POND MEET CITY <br />STANDARDS FOR SAFETY REASONS. <br /> <br />TREE REMOVAL <br /> <br />The first phase of this plat does not require any significant <br />tree removal. Future phases, especially those in the southern <br />portion of the plat, will necessitate the removal of trees. <br />Stumps should not be left in this plat after the removal of <br />trees and care should be taken not to damage remaining trees. <br />Specific tree protection stipulations should be placed on these <br />future phases during final plat review. <br />