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MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 31 (4. #14-3669 MARK AND KRISTEN ANDERSON, 3850 WATERTOWN ROAD – REVISED GRADING CONDITIONAL USE PERMIT PLAN, Continued) According to the property owner, the purpose for the property was to create a more level, evenly sloped pasture area. The property owner provided a project narrative in which he describes the use of existing black dirt from the site as top soil for the filled areas, which resulted in the expanded disturbance area that was not initially contemplated. The combination of the illegal filling within the wetland area and the expanded disturbance area resulted in a stop work order being issued by the City and remains in place. At this time the material hauling has been stopped, erosion control fencing has been erected, and a cover crop for winter protection has been planted to prevent erosion of the newly graded slopes. Currently Staff is working with the Watershed District, the Minnesota Pollution Control Agency, and the property owner to develop a plan which meets the property owner’s project goals, is within regulatory parameters for all regulating agencies involved, and addresses the concerns of the neighbors. Curtis stated this project and another grading project earlier this year has resulted in Staff developing a process for review and oversight of grading permits in excess of 500 cubic yards, which is the conditional use permit threshold. This would involve, at a minimum, a preconstruction meeting to allow for a face- to-face discussion about the approved plan, expected inspections, haul routes and other important permit requirements between all parties before the project starts. Preconstruction meetings are currently used for City projects, subdivisions, etc., but Staff feels that incorporating them into the grading permit process should minimize or eliminate most of the issues the City has recently encountered. Curtis stated the applicant’s revised proposed plan and comments from the consulting city engineer have been provided to the City Council tonight. The neighbors have engaged an engineer to review the proposed plan on their behalf and those comments have been provided. David Martini indicated he has been working with the property owner, City Staff, the Watershed District, and the MPCA. As this project has evolved, a lot of concerns have been raised and Staff has been working with regulatory agencies to evaluate the current state of the project and the revised plan. One issue is the wetland on the site and a question as to where exactly the delineated wetland is. The MCWD and the MPCA are concerned that fill has been put in the wetland. The revised grading plan proposes to regrade the project area and remove the material out of the wetland. Based on Staff’s meeting with the MCWD, at this point the City is letting the Watershed District and the MPCA take the lead to determine what steps need to be taken to restore the property accordingly. The City will be consulted as that process moves forward. Martini noted there is also a tile system that exists on the property that was not functioning and the property owner has since repaired the tile system. As a result of the nonfunctioning tile system, there is a question of how long that wetland has been there versus the tile system not operating correctly. Further research needs to be done on this matter. Martini indicated the Watershed District is taking the lead on that part of the project as well.