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• • RICE CREEDS WATERSHED DISTRICT April 13, 2010 Jeff Smyser, Planner City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 4325 Pheasant Ridge Dr. NE #611 • Blaine, MN 55449 -4539 Phone: 763.398 -3070 • Fax: 763- 398 -3088 www,ricecreek.org RE: Proposed Floodplain Fill & Mitigation for 2209 Phelps Road Dear Mr. Smyser, RCWD FILE #10-025R The RCWD has reviewed the aggregate storage project proposed by Arnt Construction Company, Inc. for 2209 Phelps Road in Lino Lakes, MN. The activity will meet the definition of fioodplain fill for the duration it is undertaken at this site, triggering RCWD Rule E (Floodplain Alteration) and Rule D (Erosion and Sediment Control Plans). As proposed, this activity will not trigger regulation by any of RCWD's other Rules and the project has not been reviewed against these Rules. Our understanding is that the City of Lino Lakes is considering issuance of an interim land use permit to allow the proposed activity with a sunset of five years and that if the activity is planned to continue beyond this timeframe, the existing interim land use permit would be reconsidered at that time and either be extended or allowed to expire. While the fill activity may be considered temporary at this time, our Rules do not make an allowance for temporary floodplain fill. After determining that the activity would result in floodplain fill, we met with Nicholas Arnt to discuss the project in further detail and how this fill may be mitigated. As it turns out, the RCWD issued a permit to the City of Lino Lakes (RCWD fi98 -108) in 1998 to facilitate the relocation of Otter Lake Road and possible future development of an industrial park in the same area as the project in question. Arnt Construction Company, Inc. was the contractor for the Otter Lake Road project and now owns or has purchase options on the majority of this property which remains largely undeveloped. According to the engineer's report for RCWD Permit #09 -108, 15,900 cubic yards (9.86 acre -feet) of floodplain fill were required by the project which was mitigated in excess by the excavation of a required wetland mitigation site adjacent to Clearwater Creek. The engineer's report did not quantify the floodplain storage volume created in excess of permit requirements, however. Mr. Arnt was asked to provide floodplain fill and mitigation volume calculations for his proposed aggregate storage project (assuming the entire proposed location would be filled) and for the wetland mitigation site, respectively. He submitted calculations showing that the maximum floodplain fill generated by Arnt Construction's proposed activity is 3.69 acre -feet while the fioodplain storage created BOARD OF Barbara A. Haake Rick A. Mastell Harley M. Ogata Patricia L. Preiner John J. Waller MANAGERS Ramsey County Anoka County Ramsey County Anoka County Washington County