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REQUEST FOR ACTION <br />To Item Number <br />Plannin Commission 5.2 <br />Agenda Section Meeting Date Prepared by <br />Conditional Use Permit June 12, 2007 Nicola (Vicki) Blake-Bradley, <br /> Environmental Technician <br />Item Description Reviewed by <br />Request by Tony Powell for Conditional Use Permit to create an Rebecca Haug, Environmental <br />open water pond in a wetland, Case No. CU 07-11 Administrator <br /> Reviewed by <br />Action Requested <br />Staff is recommending the Planning Commission recommend approval of the request for a Conditional <br />Use Permit to excavate more than 100 cubic yards of soil with the conditions as outlined below. <br />Background/Discussion <br />When excavation exceeding 100 cubic yards is proposed, over the de minimus exemption level of <br />5,000 square feet in a Type 2 wetland, a Conditional Use Permit is required. Ordinance Code Section <br />42-51 (c) allows the work to be done without a zone change or license since work will be done <br />within two years. The applicant has proposed excavation of a 9,000 square foot pond in a wetland <br />near his home which will result in 500 cubic yards of spoils (wetland soils) being excavated. He <br />proposes to use the wetland soils for fill around his home to establish a yard. The following <br />conditions are recommended by the Technical Evaluation Panel (TEP) and Staff: <br />^ All excavated spoils must be removed from the wetland boundary prior to spreading around <br />the home; <br />^ Erosion Control Best Management Practices (BMP's), i.e. silt fence, must be installed <br />between the wetland and upland areas prior to excavation and placement of spoils; <br />^ BMP's must be removed following final stabilization of soils; <br />^ Primary septic drain field and secondary sites must be roped off to prevent compaction of <br />soils; <br />^ Attach the standard archaeological disclaimer requiring work to stop if archaeological <br />artifacts are found during excavation (or land spreading the spoils) ;and <br />^ Approval by the Army Corps of Engineers for the project (submitted to the City of Elk <br />River, Environmental Department). <br />^ Hours of operation during construction of the open water pond and placement of spoils <br />around the home will be 7:00 a.m. to 5:00 p.m., Monday through Friday. <br />Attachments <br />Location map <br />Applicant's Narrative <br />