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I <br />I <br />I <br /> <br />CASE # <br /> <br />REQUEST FOR CONDITIONAL USE PERMIT FOR GRADING AND FILLING <br />IN SECTION 3; CASE OF JOHN PETERSON <br /> By: Steve Jankowski, City Engineer <br /> <br />Background: <br /> <br />Mr. John Peterson owns the Northeast Quarter of the Northeast Quarter of Section 9 and claims <br />access to the property through an approximate 1,600 foot easement located in the Southwest <br />Quarter of the Southwest Quarter of Section 3. An access road existed along this easement since <br />1989, however, in October 1996, Mr. Peterson widened and leveled the road surface by utilizing <br />borrow material from his property. No pre-construction cross sections are available, and the <br />current frozen conditions do not allow inspection of the f'fll material to determine the amount <br />placed. However, the current roadway is approximately 20 to 21 feet wide and it appears that the <br />amount of fill placed varies from a couple of inches to as much as two feet. <br /> <br />In addition, the road improvement resulted in the blockage of a 12-inch corrugated plastic culvert <br />which accommodated the west to east drainage across the roadway. A mining and grading permit <br />would be required because of the impact or the existing drainage. Additionally, a permit may also <br />be required if the amount of fill exceeds 400 cubic yards. <br /> <br />The following items are enclosed for your review: <br /> a) Site location map <br /> b) Draft Planning Commission public heating and regular meeting minutes dated <br /> December 3, 1996 <br /> c) Proposed Findings of Fact <br /> d) Proposed Conditional Use Permit <br /> <br />Observations: <br /> <br />Accommodation of the natural drainage appears to be the most significant concern with this <br />activity. However, stabilization of both the fill and borrow areas are concerns of the city mining <br />and grading ordinance. Since a portion of the filled area is classified wetland, compliance with the <br />Wetland conservation Act is an additional concern. The Department of Natural Resources (DNR) <br />has been contacted and a cease and desist order was issued. The filling has been reviewed by the <br />Anoka Soil Conservation District. This agency has determined that the filling activity is allowable <br />under the Wetland Conservation Act, because of an exemption for silvaculture activities. (Mr. <br />Peterson utilizes the land for growing Christmas trees.) <br /> <br />A site visit was conducted on November 21, 1996, and it was apparent from measurements and <br />visual inspection that the roadway was interfering with the natural drainage. The water level was <br />12 inches higher on the upstream side of the road and a plastic culvert was observed to be <br />collapsed under the roadway. <br /> <br />Recommendations: <br /> <br />Staff recommends that the following conditions be placed on the issuance of a mining and grading <br />permit for the activity: <br /> <br />The applicant be required to re-establish natural drainage by replacing the existing collapsed <br />12-inch culvert with an 18-inch corrugated metal culvert. The culvert shall include a flared <br />end section on the upstream side to enhance flow characteristics. The culvert shall be set <br />no greater than 0.1 feet higher than the invert of the downstream, corrugated, metal pipe <br /> <br /> <br />