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Zoning File #1793 January 14, 1993 Page 2 Description of Request Review Exhibits B and P. The applicint proposes the installation of a retention pond, portions of which would be located within a protected wetland area. The purpose of the pond is to alleviate potential flooding of the basement areas of the residences located at 627 (applicant's residence) and 629 North Ferndale. At the time of the 1981 subdivision of the property, the wetland was not included within the City's wetland inventory. After staff's inspection of the property in 1981, it was determined that there was a need to protect the area, not only for drainage purposes but that the area also functioned as a wetland (probably Type 2, Fresh Meadow). A flowage and conservation easement was taken over the area. Types 1, 2, 6, 7 and 8 are not protected by the Department of Natural Resources. Ary alterations proposed of these wetlands require approval from the Army Corps of Engineers. Under the Interim Ordinance of the National Wetlands Conservation Act (effective until 7/93), no filling can take place within protected area unless there is a compensatory excavation in the immediate watershed. Sometime in mid-October, staff discovered applicant's contractor in the process of excavating within the lower portion of the property. At that first inspection, the staff person had not realized that the southern portions of the property were a protected area. The project was stopped because there -^as no record of permit issued for the alteration. The contract.-'- #-l- xsed staff that a pond was proposed to provide positive drainage away from the adjacent foundations and, in addition, a swale was to be installed to channel drainage from Lydiard Road. Applicant's consultant reports (Exhibit B) that since the homes were built, the road has been recontoured and paved allowing excessive amounts of water to run between these properties. Review Exhibit P. Note the location of the swale. Staff allowed a land alteration permit to be issued to install the swale as long as the swale did not encroach within 26' of the designated wetland area. Review Exhibits E and F. Staff person inspected the site and staked the 26' setback and a permit was issued. The land disturbed within the original unimproved excavations was restored and hay bales placed over the undisturbed area. The snow now covers the area and the neighborhood deer have been enjoying the hay. Bruce Vang of the Building Department, the first one to inspect the unapproved land alterations, has advised that the majority of cuts into the wetland were not deep and that when they were replaced, the original vegetation would return next spring. There was only one area Vang advises where there was about a 6' wide excavation into the wetland to determine the sub-layers. "The area was small, he advised there would be no need for any special replanting. ’■ 'iff irifTi^ mrrm mnwgi ■ i <to A. • Ato. iW g-W _J