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2004-06-24 Materials to Review2200 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS. MINNESOTA 55402 TELEPHONE (612) 977-8400 FACSIMILE (612) 977-8650 PROFESSIONAL ASSOCIATION WRITER'S DIRECT DIAL (612) 977-8497 WRITER'S E-MAIL jperry@briggs.com June 24, 2004 VIA MESSENGER Todd Udvig Senior Wetland Specialist, SEH 3535 Vadnais Center Drive St. Paul, MN 55110-5196 Re: Potter Dear Todd: Per our recent discussion, you represented that Potter had to submit to you two items for a Minn. R. 8420.0122 WCA exemption - i.e., (1) "dated approved plans" and (2) a "brief' summation of Potter's "continuous work" on the wetlands as a basis to demonstrate that the project is "active." You added that Potter's exemption, if granted, would probably be conditioned upon his resolution of all outstanding enforcement actions -notably, with the Corps of Engineers. Attached aze both the "dated approved plans" and the "brief' summation of Potter's continuous work. Exhs. 1-4. I thank you in advance for reviewing these materials. in an expeditious manner. Given that the LGU's approval of the wetland would moot the ongoing criminal enforcement action against Potter, Potter respectfully requests that the LGU approve the exemption by no later than the scheduled July! 16 pre-trial on this matter. Sincerely, ~~~ ac Y. Perry JYP/kg Enclosures cc: M. Potter ! ~.~/-yam-~ T. Larson ' ` T. Zins 1661766v1 SAINT PAUL OFFICE ~ FIRST NATIONAL BANK BUILDING ~ WWW.BRIGGS.COM MEMBER - LEX MUNDI. A GLOBAL ASSOCIATION OF INDEPENDENT LAW FIRMS