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<br /> <br />REQUEST FOR ACTION <br /> <br />To <br />Ci Council <br />Agenda Section <br />Conununity Development <br /> <br />Meeting Date <br />June 18,2007 <br /> <br />Item Number <br />6.4. <br />Prepared by <br />Nicola (Nicki) Blake-Bradley, <br />Environmental Technician <br />Reviewed by <br />Rebecca Haug, Environmental <br />Administrator <br />Reviewed by <br /> <br />Item Description <br />Request by Tony Powell for Conditional Use Permit to Create <br />an Open Water Pond in a Wetland, Case No. CU 07-11, Public <br />Hearing <br /> <br />Action Requested <br />Staff is reconunending the City Council accept the reeonunendation of the Planning Commission for <br />approval of the request for a Conditional Use Permit to excavate more than 100 cubic yards of soil with <br />the following conditions as reeonunended by the TEP and staff: <br /> <br />1. All comments and conditions of the Sherburne County memo dated October 11, 2006 <br />shall be addressed; <br />2. All excavated spoils must be removed from the wetland boundary prior to spreading <br />around the home; <br />3. Erosion Control BMP's (i.e. silt fence and/or erosion control blankets) must be <br />installed between the wetland and upland areas prior to excavation and placement of <br />spoils; <br />4. BMP's must be removed following final stabilization of soils; <br />5. Primary septic drain field and secondary sites must be roped off to prevent <br />compaction of soils; <br />6. Attach the standard archaeological disclaimer requiring work to stop if <br />archaeological artifacts are found during excavation (or land spreading the spoils); <br />7. Approval by the Army Corps of Engineers for the project must be submitted to the <br />City of Elk River, Building and Environmental Department; and <br />8. This approval of the Conditional Use Permit shall expire after 1 year, unless the <br />property owner or owner's agent has submitted a letter of request for extension. <br /> <br />Background/Discussion <br />When excavation exceeding 100 cubic yards is proposed, over the de rninirnus exemption level of 5,000 <br />square feet in a Type 2 wetland, a Conditional Use Permit is required. Ordinance Code Section 42-51 (c) <br />allows the work to be done without a zone change or license since work will be done within two years. <br />Ibe applicant has proposed excavation of a 9,000 square foot pond in a wetland near his home which will <br />result in 500 cubic yards of spoils being excavated. He proposes to use the wetland soils for fill around <br />his home to establish a yard. <br />