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Planning Commission Minutes June 12, 2007 Page 3 MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER SCOTT TO TABLE THE REQUEST BY ALLIANCE MACHINE FOR AN ORDINANCE AMENDMENT, CASE NO. OA 07-07, TO THE JUNE 26, 2007 PLANNING COMMISSION WORKSHOP MEETING. MOTION CARRIED 5-0. 5.2. Request by Tonv Powell for Conditional Use Permit to Create Open Water Pond in a Wetland Case No. CU 07-11 -Public Hearin Ms. Blake-Bradley reviewed the request by the applicant to excavate a 9,000 square foot pond in a wetland near his home which will result in 500 cubic yards of spoils (wetland soils) being excavated. She reviewed the conditions recommended by the Technical Evaluation Panel (TEP) and staff. She noted that the site is listed as a State Historical Site and that if archaeological artifacts are found during excavation (or spreading the spoils), work must stop on the project. Staff recommends approval of the request with the conditions as stated in the memo dated June 12, 2007. Chair Stevens asked why the site was listed as a historical site. Ms. Blake-Bradley explained that the site was determined to likely have had water on it hundreds to thousands of years ago and that archaeological artifacts are often found in these types of areas. Coimnission Austad asked what would happen if anything were found. Ms. Blake-Bradley stated that there would be a representative from St. Cloud State University out to investigate. Chair Stevens opened the public hearing. There being no public comment, Chair Stevens closed the public hearing. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY TONY POWELL FOR A CONDITIONAL USE PERMIT, CASE NO. CU 07- 11, WITH THE FOLLOWING CONDITIONS: • ALL EXCAVATED SPOILS MUST BE REMOVED FROM THE WETLAND BOUNDARY PRIOR TO SPREADING AROUND THE HOME; • EROSION CONTROL BEST MANAGEMENT PRACTICES (BMP'S), I.E. SILT FENCE, MUST BE INSTALLED BEWTEEN TEH WETLAND AND UPLAND AREAS PRIOR TO EXCAVATION AND PLACEMENT OF SPOILS; • BPM'S MUST BE REMOVED FOLLOWING FINAL STABILIZATION OF SOILS; • ATTACH THE STANDARD ARCHEOLOGICAL DISCLAIMER REQUIRING WORK TO STOP IF ARCHAEOLOGICAL ARTIFACTS ARE FOUND DURING EXCAVATION (OR LAND SPREADING THE SPOILS); • APPROVAL BY THE ARMY CORPS OF ENGINEERS FOR THE PROJECT (SUBMITTED TO THE CITY OF ELK RIVER ENVIRONMENTAL DEPARTMENT); • HOURS OF OPERATION DURING CONSTRUCTION OF THE OPEN WATER POND AND PLACEMENT OF SPOILS AROUND THE HOME WILL BE 7AM TO SPM, MONDAY THROUGH FRIDAY. MOTION CARRIED 5-0.