2004-06-24 Approved Plans and Brief Letter•
B 1~1GLTS AND MOFiG
PROFESSIONAL ASSOCIATION
WRITER'S D[RECT DIAL
(G12) 977-3-197
WRITER'S E-~L~IL
June 24, 2004
VIA MESSENGER
Todd Udvig
Senior Wetland Specialist, SEH
3535 Vadnais Center Drive
St. Paul, MN 55110-5196
Re: Potter
Dear Todd:
jperry@briggs_com
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 are 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 C W / -~~-~
T. Larson '
T. Zins
2200 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, h1INNESOTA 55402
TELEPHONE (612) 977-8400
FACSIMILE (612) 977-8650
1661766v1 SAINT PAUL OFFICE • FIRST NATIONAL BANK BUILDING ~ WWWBRIGGS.COM
MEMBER - LEX MUNDI. A GLOBAL ASSOCIATION OF INDEPENDENT LAW FIRMS
Memorandum
TO: Jack Y. Perry
FROM: Michael Potter
DATE: 6/22/04
RE: Wetland Remediation Since 1994
As the attached documentation makes cleaz, wetland remediation on the property west of
McKenzie Avenue and south of 60th Street, City of Albertville, Wright County, also sometimes
referred to as "Greenhaven Estates" (hereinafter the "Property"), is a project that has been
ongoing since 1989. The exhibits that are attached demonstrate the continuous nature of the
project. Although the wetland remediation has been ongoing over the course of the last 15 yeazs,
this document focuses on the wetland remediation activities that have taken place since 1994.
Below is an outline of the major wetland remediation activities that were performed on
the Property since 1994:
• As the July 1, 1994 letter from Ronald Geurts to the city indicates, drainage work
was being performed in 1993 and 1994. (Ex. A). A significant amount of fill was
added to the northern portion of the Property that same year.
• In July of 1995, more fill was added to the northem portion of the Property and
the drain pipe under McKenzie Avenue was cleaned out. The report of GME
Consultants, Inc., ("Report of GME"), which is attached, demonstrates that there
is clear visual evidence of this remediation work. (Ex. B). As the report. and
attached aerial photographs show, the remediation work was evidenced by
surficial disturbances in the north portion of the Property in 1995.
EXHIBIT 1
• In 1996, a 15 inch drainage pipe was installed, (Ex. C), the drainage ditch along
County Road 37 and McKenzie Avenue was also improved, and a driveway was
created.
• More fill was added to the Property in 1997. Once again, the Report of GME
shows that there were surficial disturbances visible near the driveway on the east
side of the Property. (Ex. B). In addition, the City of Albertville granted a permit
for grading the Property in October 1997. (Ex. D).
• Fill was again added in 1998 to advance the wetland remediation project, as is
shown by the Report of GME and the accompanying aerial photographs. (Ex. B).
• In 1999, the berm south of the driveway on McKenzie Avenue was significantly
improved. The berm was stripped, then fill was added.
• More fill was added to the same area in 2000. In addition, an access azea was
added on the southern portion of the lot on McKenzie Avenue.
• In 2001, another berm was created on the north side of the Property and, soil
corrections were performed on the southeast corner of the lot.
• More soil corrections were performed on the northwest portion of the Property in
2002. These corrections were performed by Matt Bullock contracting. (Ex. B, pp
5-21).
• This soil correction work on the northwest portion of the Property, along with the
improvement of the berm along County Road 37 continued until the cease and
desist order was received.
In sum, wetland remediation, including drainage work, soil correction, and the addition of
fill, has been a continuous, ongoing process on the Property since at least 1994.
MFrIORAAIDtJM
Date: July 1, 1994
To: City Council
From: Dale Powers
Re: Correspondence from Meyer-Rohlin re: northeast Albertville drainage
Attached to this memo is correspondence from Ron Geur`,,s ardisyg ________
reg the
aforementioned issue. Mr. Geurt, wanted you to review these documents prior to
the 7/5/94 council meeting.
If you have any questions, feel free to contact me.
_.~
EXHIBIT A