02-17-2004 Planning Packet - Laserfiche WebLink

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•04-ms FtbrwnraSMM PiC»3 With passage of (he WCA, the Minnehaha Creek Watershed District was designated by the City as the responsible Local Government Unit (LGU) for administering the WCA regulations. These regulations provide degrees of flexibility for certain types of wetland alteration activities which are seen as positive rather than detrimental, and they provide for mitigation of negative impacts when they are unavoidable. The WCA regulations also provide standards and oppoitunities for wetland restoration, where prior human activity has changed or degraded a wetland and it is possible to bnng it back to nearer its original conditions. Orono's onlinanoes have never been specifically revised to acconunodaie the WCA regulations; the Zoning Code still simply prohibits filling within a wetland (requiring a variance and showing of a hardship) and requires a conditional use pennit for land alterations in. or within 26' of. a wetland. The Zoning Code provides virtually no specific standards for when a wetland alteration should be allowed, and in the Shoreland section merely suggesu a list of factors to be considered [see Exhibit N. Section 78- 1286(e 1)]; however, the City's Surface Water Management Plan (S WMP) in Section 5 "Wetlands .MonagemenCdoes establish a detailed management approach to maintaining or improving the City's wetland resources. That section is included as Exhibit O. ^;WD Approval Itx applicant initially contacted staff regarding this project perhaps a year ago. and he has engaged a of professionals to design a project that would meet the WCA guidelines for a wet'snd re n. v.vLoss status. The MCWD as the designated LGU for Orono has approved the projo ^ondiuons (see Exhibits J and K). CUy Consultant Review This application was directed by staff to John Smyth. Water Resource Specialist with Bonestroo & Associates, the City's engineering and environmental consultants. His favorable comments are attached as Exhibit F. and reflect that the project will result in an overall improvement to the wetland. He notes that the additional wetland to be created will meet the WCA replacement guidelines. He also notes that this project could in fact be considered as a restoration, and he recommends approval conditioned on 1) that the City receive a copy of the executed buffer preservation declaration required by the MCWD. and 2) that the City be provided with the required ongoing monitoring reports. Project DcUlls Rather than attempting to summariie the details of the project. I w ill refer you to Exhibit H. the Kjolhaug memo which provides a detailed review of the project Hardship Stalcment Because the proposed wetland alterauons are not allowed by Orono Code except by variance, the activity is required to be justified via the demonstranon of a hardship. Given the variety of agency approvals