2004-07-19 E-Mail Potters Wetland ExemptionCreated by Sean Killackey on March 31, 2003
Perry, Jack Y.
Page 1 of 1
From: Aaron Brewer [abrewer@gmeconsultants.com]
Sent: Monday, July 19, 2004 10:48 AM
To: Perry, Jack Y.
Subject: Potter's Wetland Exemption
Jack,
Today I called Jim Hartel of BWSR. Mr. Hartel recalled speaking with the TEP members about Potter's wetland
exemption. Specifically, he recalled discussing Chapter 8420.0122. Subp. 8. Approved Development. In discussing
the exemption language with me, he agreed with my interpretation the approvals required for the exemption do not
include Army Corps of Engineers permits.
Aazon Brewer
Environmental Scientist/Wetland Specialist
abrewer@gmeconsultants. com
(763) 383-2243 duect line
Visit our website at www.gmeconsultants.com
GME Consultants, Inc.
14000 21St Avenue North
Minneapolis, Minnesota 55447
"Engineering for the Times"
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7/19/2004
From: "Colleen Allen" <cja@mn.usda.gov>
To: "'Lynda Peterson"' <Lynda.Peterson@bwsr.state.mn.us>
Date: 4/26/04 3:40PM
Subject: RE: Potter
Hi Lynda - I found out the meeting set up for May 11 at 1:30 in the court
house is with the County Attorney (Tom Zins) and regulatory ofi'icials. This
will be to discuss the case and how to proceed. Potters attorney, Jack
Perry, Briggs and Morgan, had told Tom that his client is eligible for the
previously approved development exemption and that an exemption may apply
whether or not he has applied. I guess Tom is not sure that w,~n wig=„this
crimi I think it would be helpful if you could come to the meeting on
the 11th. I would like to discuss the previous development exemption with
you on the 4th whether you come to the meeting on the 11th or not. I think
Tim Fell will be attending on the 11th also. I'm gone the rest of the week
for trees, so see you on the 4th.
Colleen
-----Original Message-----
From: Lynda Peterson [mailto:Lynda:Peterson@bwsr.state.mn.us]
Sent: Monday, April 26, 2004 12:10 PM
To: cja@mn.usda.gov
Subject: Potter
will be in Wright county on the 4th and the18th of May. Pick a date to
talk about Potter's;
Lynda
7s8
CHAPTER 8420
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BOARD OF WATER AND SOIL RESOURCES
WETLAND CONSERVATION
PURPOSE AND DEFINTI'IONS 8420A510 REPLACEMENT PLAN PROCEDURES.
8420.0100 PURPOSE. 8420:0520 SEQUENCING.
8420.0102 INTRODUCTION. 5420.0530 REPLACEMENT PLAN COMPONENTS.
8420.0103 WETLAND FUNCTIONS FOR DETERMINING 8420.0540 REPLACEMENT PLAN EVALUATION
PUBLIC VALUES. CRITERIA
8420.0105 SCOPE. 8420.0541 ACTIONS ELIGIBLE FOR CREDIT.
8420.0110 DEFINITIONS. 8420.0542 TIMING OF REPLACEMENT.
8420.0112 INCORPORATION BY REFERENCE 8420.0543 WETLAND REPLACEMENT SITING.
8420.0115 .
SCOPE OF EXEMPTION STANDARDS. 5420"0544 REPLACEMENT FOR PUBLIC
8420.0122 EXEMPTION STANDARDS. TRANSPORTATION PROTECTS.
8420.0545 PRESETTLEMENT WE11.AIdD ACRES AND
PROCIDURES AREAS:
8420.0200 DETERMINING LOCAL GOVERNMENT UNIT; 8420.0546 SIZE O~ REPLACEMENT WETLANDS.
DUTIES 8420.0547 OTHER REQUIREMENTS.
8420.0210 EXEMPTION DETERMINATIONS 542D•0548 SPECIAL CONSIDERATIONS.
8420.0220 .
NO-LOSS DETERMINATIONS 8420.0549 EVALUATION OF WETLAND FUNCTIONS
842(1.0225 .
WETLAND BOUNDARY OR TYPE AND VALUES.
DETERMINATIONS 8420.0550 WETLAND REPLACEMENT STANDARDS.
8420.0230 .
REPLACEMENT PLAN DETERMINATIONS ~~'~ MONITORING.
8420.0240 .
TECHNICAL EVALUATION PANEL 8420.0610 DURATION OF MONITORING.
PROCEDURES ~~•~~ MONITORING ANNUAL REPORT.
8420.0245 .
OTHER LOCAL GOVERNMENT UNIT 8420.0630 MONITORING DETERMINATIONS BY THE
WETLAND RULES AND ORDINANCES LOCAL GOVERNMENT UNIT.
8420.0250 .
APPEALS. 8420.0650 LOCAL COMPREHENSIVE WETLAND
8420.0260 PENALTY FOR LOCAL. GOVERNMENT UNIT PROTECTION AND MANAGEMENT PLANS.
FAILURE TO APPLY LAW. STANDARDS AND CRITERIA FOR
8420.0268 COMPENSATION CLAIMS AGAINST LOCAL STATE WETLAND BANKING
GOVERNMENT UNIT'S.
8420.0270
COMPENSATION, 8420.0700 PURPOSE.
8420-0280
APPEAL FROM BOARD DECISIONS. 8420.0720 PRINCIPLES OF WETLAND BANKING.
8420.0290
ENFORCEMENT PROCEDURES. 5420.0730 ADMINISTRATION AND MANAGEMENT
AUTHORITY
MINING 8420.0740 PROCEDURES.
8420.0300 MINING. 5420.0750 AUDITING AND MONITORING.
8420.0760 ENFORCEMENT AND CORRECTIVE
HIGH PRIORITY REGIONS AND AREAS ACTIONS.
6420.0350 HIGH PRIORITY REGIONS AND AREAS. STANDARDS AND CRITERIA FOR IDENTIFICATION,
WEI7AND PRESERVATION AREAS - PROTECTION, AND MANAGEMENT OF
CALCAREOUS FENS
8420.0400 VVE7'LAND PRESERVATION AREAS. 8420.1010 PURPOSE.
STANDARDS AND PROCEDURES FOR EVALUATBVG 8420.1020 IDENTIFYING CALCAREOUS FENS:
WETLAND REPLACEMENT PLANS 8420.1030 PROCEDURES TO LIST CALCAREOUS FENS.
8420.1040 MANAGEMENT PLANS
8420.0500
PURPOSE
8420.1050 .
RESTORATION
8420.0505
PREVIOUSLY APPROVED
8420.1060 .
APPEALS.
DETERMINATIONS. 8420.1070 ENFORCEMENT PROCEDURES.
PURPOSE AND DEFINITIONS
8420.0100 PURPOSE.
This chapter implements the Wetland Conservation Act of 1991, Laws 1991,
chapter 354, as amended by Laws 1993, chapter 175; Laws 1994, chapter 627; Laws
1996, chapter 462; Laws 2000, chapter 382; and Laws 2001, chapter 146. This chapter
shall be interpreted to implement the purpose of the act, which is to:
A. achieve no net loss in the quantity, quality, and biological diversity of
Minnesota's existing wetlands;
B. increase the quantity, quality, and biological diversity of Minnesota's
wetlands by restoring or enhancing diminished or drained wetlands;
C. avoid direct or indirect impacts from activities that destroy or diminish the
quantity, quality, and biological diversity of wetlands; and
D. replace wetland values where avoidance of activity is not feasible and
prudent.
Statutory Authority: MS s 14.06; 103B.101; 103B.3355; 103G.2242
History: l8 SR 274; 22 SR 1877; 25 SR 152; 27 SR 135
- _ .,. _
8420.0115 WETLAND CONSERVATION
798
8420.0115 SCOPE OF EXEMPTION STANDARDS.:
Persons proposing to conduct an exempt activity are- encouraged to contact the
local government unit or the local government unit's designee for advice on determin-
e ing whether a proposed project is eligible for an exemption and to evaluate alternatives
to avoid or minimize wetland impacts.
active is e ' ' e exemptions, even thoug
may a indicated as not exempt under another exemption.
These exemptions do not apply to calcareous ens as identified by the commission-
er.
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No exemptions apply to wetlands that have been previously restored or created as
a result of an approved replacement plan.-All such wetlands are subject to replacement
on subsequent drainage, excavation, or filling.
Wetlands may not be partially drained, excavated, or filled in order to claim an
exemption or no-loss determination on the remainder. Therefore, no exemptions or no-
loss determinations can be applied to the remaining wetland that would not have been
applicable before the impact. Exemptions may not be combined on a wetland that is
impacted by a project.
Present and future owners of wetlands drained or filled without replacement ander
an exemption in part 8420.0122, subparts 1 and 2, item B, can make no use of the
wetland area after it is drained, excavated, or filled, other than as agricultural land, for
ten years after the draining, excavating, or filling unless it is first replaced under the
requirements of Minnesota Statutes, section 103G.222. Also, for ten years the wetland
may not be restored for replacement credit. Except for land in public ownership,. at the
time of draining, excavation, or filling, the landowner shall record a notice of these
restrictions in the office of the county recorder .for the county in which the project is
located. At a minimum, the recorded document must contain!the name or names of the
landowners, a legal description of .the :properly to which the restrictions apply, a
statement of the restrictions, the date on which the ten year period expires, the name
of the local government which certified the exemption, if such occurred, the signatures
of all owners, and an acknowledgment.
A person conducting an activity in a we and and r emption in part 8420.0122
shall ensure that:
A. appropriate erosion control measures a taken to prevent sedimentation
of the water;
B. the activity does not block fish activity a watercourse; and
C. the activity is conducted in complia a with 'all other applicable federal,
state, and local requirements, including best m gement practices as listed in part
8420.0112, and water resource protection require nts established under Minnesota
Statutes, chapter 103H.
Statutory Authority: MS s 14.06; 703B.101,• 103B.335 ; G.2242
History: l8 SR 274; 22 SR 1877,•.25 SR 152; 27 SR 135
8420.0120 [Repealed, 22 SR 1877] ~ SVn~~"'~
8420.0122 EXEMPTION STANDARDS, ~-~!
Sub art 1. p P ~ ,
p Agricultural activities. A re lacement lan for wetlands~i'1s not~require~'e ~~~ .
for:
'i' A. activities in a wetland that was planted with annually seeded crops or was
C" in a crop rotation seeding of pasture grass or legumes in six of the last ten years prior
~s to January 1, 1991. Documentation, such as aerial photographs, United States Depart-
ment of Agriculture records, or affidavit of landowner must be required by the local
government unit to show and use as evidence for this exemption. Land eligible for this
exemption must be wetland types 1 and 2;