PUBLIC HEARING: Request for an Interim Use Permit for Grading and Mining Activities on Outlots A & B Elmcrest Sanctuary; Case of Oakwood Land Development Inc.

The City has received an application from Oakwood Land Development, Inc. for an Interim Use Permit (IUP) for grading and mining activities on Outlots A & B Elmcrest Sanctuary. The Applicant is requesting the IUP to export approximately 60,000 cubic yards of soil to create a wetland on these parcels for the purposes of a wetland mitigation bank. Per City Code Section 117-359, all excavations in excess of 400 cubic yards of material require an interim use permit.

All property owners within 350 feet of the Subject Property were notified of the Public Hearing via Standard US Mail. A Notice of Public Hearing was also published in the Anoka County Union.

The purpose of creating the wetland is to establish a wetland mitigation bank. A wetland mitigation bank is a wetland, stream, or other aquatic resource area that has been restored, established, enhanced, or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to aquatic resources permitted under Section 404 or a similar state or local wetland regulation. A mitigation bank may be created when a government agency, corporation, nonprofit organization, or other entity undertakes these activities under a formal agreement with a regulatory agency, in this case the Lower Rum River Watershed Management Organization (LRRWMO) under the requirements of the Wetland Conservation Act (WCA). The Applicant proposes to create the wetland by excavating upland area down to water depths of six (6) feet or less and then re-vegetate the created wetland and adjacent upland with native herbaceous species. The area to be graded is approximately eleven (11) acres. The subject property seems to be an ideal site for a wetland bank due to its limited development potential. The wetland bank provides some monetary return on the property.

The Applicant is proposing to complete the project in a single phase. The grading is anticipated to be completed within three (3) months, with the restoration (plantings) completed as areas are final graded. Through the wetland bank procedure requirements, maintenance and monitoring is required for a period of five (5) years after project completion. This monitoring will be completed by the LRRWMO. Due to this, the City will not need to require any type of landscape surety/guarantee; however, the IUP will be conditioned upon collection of an erosion control escrow of $1,500. As the IUP is specific for the grading and mining activities, Staff recommends that the IUP term expire six (6) months from the date of City Council approval or when grading activities are completed, whichever occurs first.
 
The Applicant provided plans for dust and noise control during excavating activities. Plans call for watering and sweeping of roads as needed to minimize dust. Any associated noise will be from the excavating equipment and trucks hauling soil away. Existing single family residences are located immediately southwest and north of the subject property. Due to the proximity to existing residential homes, staff recommends a condition of the IUP to limit the grading/excavating activities between the hours of 7:00 AM and 7:00 PM, Monday through Saturday.

The Applicant has indicated that the project is currently under review by other agencies, as required by the WCA. Any other required permits, such as that from the LRRWMO, will be required as part of the IUP. City Engineering Staff reviewed the application and provided comments to the LRRWMO expressing support for the proposed wetland bank, with a request for some revisions to address potential overflow issues north of 167th Avenue. Properties north of 167th Ave NW and west of Sodium St NW have an unmapped wetland extending across the rear of several properties and have experienced high water conditions in 2011 and 2012. City Engineering Staff have requested the plans be revised to provide greater separation between the existing homes and the 100 year HWL of the North Wetland. Staff recommends a condition requiring that these existing water issues be addressed in the plans and that no proposed excavation and restoration activity to create the wetland bank shall negatively impact existing drainage patterns. In addition, City Engineering Staff have identified an outlet ditch downstream from the main wetland that will require cleaning to be able to pass the proposed 100 year flow. The City proposes that this could be a joint City and Oakwood Land Development project.

All costs associated with the application are the responsibility of the Applicant.

Staff recommends approval of the IUP for grading and mining activities.

Motion to recommend that City Council adopt Resolution #_______ adopting Findings of Fact relating to the request for an Interim Use Permit.

-and-

Motion to recommend that City Council adopt Resolution #________ approving the request for an Interim Use Permit and declaring the terms as proposed.