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/ue, <br />REQUEST FOR COUNCIL ACTION <br />Apf^ <br />C/7Vq <br />^991 <br />DATE: March 2^,9^© <br />ITEM NO; / <br />Department Approval: <br />Name Ron Moorse <br />Title City Administrator <br />Administrator Reviewed:Agenda Section: <br />City Administrator ’s <br />Report <br />Item Description: <br />#2202 Hennepin County Department of Transportation - County Road 15 Reconstruction - <br />Variance/Conditional Use Permit - Resolution <br />At its March 10 meeting, the Council continued action on application #2202 to enable the EAW <br />process regarding the roadway reconstruction project to be completed, including the record of <br />decision. The EAW process is now complete and a record of decision has been entered. A copy of <br />the EAW comments, the County's responses, and the record of decision is attached. <br />Description of Application <br />Hennepin County is requesting approval for filling of 1.2 acres of DNR protected wetlands and 1.1 <br />acres of other wetlands protected by the Wetland Conserv'ation Act. All of these wetlands are <br />protected under Orono’s ordinances which prohibit filling of wetlands. Also, there will be <br />approximately 1.2 acre feet of floodplain impact (i.e. Piling in areas below the floodplain elevation <br />of 931.5'). <br />Wetland mitigation for the 1.2 acres of DNR wetland is proposed to occur via the creation of 1.2 <br />acres of new wetland in the Painter Creek Watershed adjacent to County Road 6 in Independence. <br />The 1.1 acres of wetland conservation act protected wetlands, over which the MC WD has been given <br />Orono's regulatory authority is proposed to be mitigated by Hennepin County paying $38,626 toward <br />a regional stormwater ponding facility, due to the unfeasibility of constructing a stormwater ponding <br />facility adjacent to the roadway project. <br />A conditional use permit is required because the project involves grading and filling in excess of 100 <br />cubic yards and within floodplain/wetland areas. <br />Staff recommends approval of the application. Staff has drafted a resolution for approval <br />incorporating findings of fact regarding the County Road 15 project and conditions for a <br />variance/CUP approval. <br />COUNCIL ACTION REQUESTED: <br />Motion to adopt the attached resolution granting variances for filling of wetlands and floodplain <br />areas, and granting a conditional use permit for land alteration, for Hennepin County Department <br />of Public Works for the County Road 15 improvement project.