2004-10-21 Wetland Site MonitoringSEH
October 21, 2004
Mr. Mike Potter
11650 57"' Street NE
Albertville, MN 55301
Dear Mr. Potter:
RE: Albertville, Minnesota
Wetland Conservation Act
Site Monitoring
SEH No. A-ALBEV0501.00
Thanks for calling me on October 20, 2004 to express your concern about Todd Udvig's (SEH)
unexpected visit to your property at the corner of County Highway 37 and McKenzie earlier that day.
Without contacts such as these, SEH could not satisfy the needs of all who have a stake in our services,
including the City of Albertville, other agencies, and of course, the property owners and residents of
Albertville.
You expressed concerns about a third hand comment attributed to Mr. Udvig and his presence at the site
as indications that he has intentions to make it difficult for you to complete the filling operations you
would like to undertake. I had a long discussion with Mr. Udvig after he returned to the office from the
site and have chosen to put my findings in writing so that I can be sure my communication is clear.
As to the third hand comment, Mr. Udvig indicated that he had not made the statement you had passed on
to me. Neither I nor you were present during the discussion cited, so it is hard to confirm or deny.
However, being a third hand comment, I can understand how a misinterpretation could occur, especially
when passed on without context. What should be most important are actions taken by Mr. Udvig on
behalf of the City of Albertville relative to your property. Mr. Udvig is diligent in his enforcement of
pertinent wetland laws, but he has no agenda beyond serving his stakeholders.
Mr. Udvig stated that he and Colleen Allen, Wright SWCD, were checking out another site which was of
common concern to them. As is their practice, they then visited other development sites where Wetland
Conservation Act permits/exemptions have been issued to monitor compliance. I understand that they
had driven by your property and were observing conditions. Mr. Udvig took photos from the roadside
ditch area (copies enclosed). They did observe filling occurring within wetland areas previously
identified as part of the exemption under the Wetland Conservation Act. I understand that, even when an
exemption is granted based on good findings of fact, under the Scope of Exemption Standards (Chapter
8420.0115) "A person conducting an activity under an exemption in part 8420.0122 shall ensure that:
1. Appropriate erosion control measures are taken to prevent sedimentation of the water;
2. The activity does not block fish activity in a watercourse; and
3. The activity is conducted in compliance with all other applicable federal, state, and local requirements
including best management practices as listed as part of 8420.0112, and water resource protection
requirements established under Minnesota Statues, Chapter 103 H."
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196
SEH is an equal opportunity employer I www.sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax
Mr. Mike Potter
Albertville, MN
October 21, 2004
Page 2
The City of Albertville, as the LGU, did not and cannot supersede these requirements. In the opinion of
both Mr. Udvig and Ms. Allen, filling of wetlands was occurring. You indicated to me that you hope to
receive a USACE Section 404 permit next week. Until that time, you would be considered to be out of
compliance with your exemption requirements. In addition, appropriate erosion control and other best
management practices are not in place as also would be required as a condition of your exemption. Mr.
Udvig has a professional responsibility to inform other agencies of wetland violations when observed,
particularly those involved with the TER
It is often difficult to get through permitting processes involving multiple agency approval. It is just as
difficult for those enforcing the intent of the law as they understand the law. As I mentioned on the phone,
I am copying your attorney with this letter so he can advise you as to the correct interpretation of the law.
If your attorney believes the law is not being correctly interpreted, please have him contact City Attorney
Couri to discuss these differences.
In summary, I believe Mr. Udvig has only the most professional intentions. Assuming the USACE permit
is issued, Mr. Udvig and Ms. Allen will still need to enforce the requirements noted above.
If you have questions, please feel free to contact me. Any considerable debate might best be left until the
USACE acts on your permit application.
Sincerely
SHORT ELLIOTT HENDRICKSON I
Damel R JBoxrud, E
Principal
Enclosures
c: Colleen Allen, Wright SWCD
Jack Perry, Briggs and Morgan
Larry Kruse, City of Albertville
Mike Couri, City Attorney
Pete Carlson, SEH
Todd Udvig, SEH
Bob Moberg, SEH
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