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Zoning File #2176 <br />October 8, 1996 <br />Page 2 <br />Brief Review of Renewal Application <br />Per directives set forth in aj^roval resolution of 1995. Exhibit G. applicant has filed the required <br />annual renewal permit for the mining of 200 cubic yards of peat within the designated wetland on <br />his property. Refer to Exhibits D, L and M, in 1994/95 winter season applicant excavated <br />approximately 200 cubic yards of peat from the proposed southern poral located adjacent to <br />applicant's driveway. Applicant’s contractor did not mine peat within the 1995/% winter season. <br />The current permit will complete the southern pond at approximately 5,000 s.f. in area. The <br />larger pond located to the northwest is proposed at approximately 25,000 s.f. 3.2 acres of <br />wetland within applicant's property is part of a contiguous wetland system consisting of 150 acres. <br />The wetland is not a DNR protected wetlaiKl, Both the DNR and Watershed District will not <br />require permits and the proposed scope of the excavation will fall under the Army Corps of <br />Engineers Nation-wide Permit (Refer to Exhibits J and K). <br />Loren Butterfield, applicant's contractor, has been mining peat within another part of this wetland <br />for over thirty years and received approval of a conditional use permit application in 1989 for the <br />mining of 3(X) cubic yards of peat each year within his own property. Butterfield, a landscape <br />contractor, now estimates that his business would use approximately 200 cubic yards of peat each <br />season. Refer to Exhibit H, Butterfield’s property abuts the subject property at the northwest <br />comer. Access to the site will be achieved via this corridor and not Bayside and Landmark Drive. <br />All spoils will be stored in the upland areas on Butterfield's property for use during the spring and <br />summer of 1997 as peat loses its physical value if not used within a short period ot time. <br />Staff can report no problems with the first year’s excavation in the 1994/95 winter season. The <br />City Engineer recot.unends that the same guidelines be followed as required in his report of 1994, <br />Exhibit I. Since the original review, the wetland still remains an unprotected wetland by the <br />DNR. The Watershed District w ill not requ* . a permit and the Corps of Engineers would permit <br />the excavation under a nation-wide permit as in the earlier review. <br />Issues for Consideration <br />1.Wildlife habitat would be enhanced, open water areas will provide a sediment trap, the <br />variety of slopes to open water area would encourage more beneficial wetland/aquatic <br />vegetation, retention of mnoff would be increased as a result of the excavation — Are <br />there any issues that should be addressed in the current 1996/97 application? <br />Options of Action <br />To approve per the findings and conditions of the original resolution granting a conditional use <br />permit and variance in the 1994/95 winter season; or <br />Denial. If the application is to be denied for this current season, members should list necessary <br />findings and may refer to Section 10.55, Subd. 12(D1-12) and Section 10.08, Subd. 3(A1-12). <br />ch <br />1 <br />« I