2004-10-15 WSWCD Petition AppealIGHT SOIL AND ,HATER CONSERVATION DISTRICT
306C Brighton Avenue
Buffalo, Minnesota 55313
Telephone (763) 682-1933
682-1970
Fax (763) 682-0262
October 15, 2004
Ron Harnack
Board of Water and Soil Resources
One West Water Street
St. Paul, MN 55107
Dear Mr. Harnack:
Pursuant to WCA Rules Chapter 8420.0250, I hearby submit this petition to appeal the decision
made by the City of Albertville on the Michael Potter exemption application.
Mr. Potter may have been granted approval of exemption 8 by default of 7 5.99 statutes, but I
contend that this does not automatically give him the right to fill in up to 3 acres of wetland.
First of all, Mr. Potter is clearly not eligible for this exemption (see attached information
provided by City Attorney Mike Couri and the TEP recommendation}. That aside, approval of
this exemption only allows wetland fill that was included within the plan. The exemption
language states that wetlands may be drained or filled without replacement, " to the extent
documented by the approval." No wetland fill was documented in the preliminary plat approval.
It also states that "If wetlands can be avoided within the terms of the approved plan, they must be
avoided." These wetlands can and should be avoided.
I am requesting that the Board hear and consider this appeal. Our district has spent considerable
time and resources pursuing this case because we believe that Mr. Potter intentionally ignored
the law. We also believe that this wetland has important functions that should be maintained.
Sincerely,
Colleen Allen
Resource Conservationist
cc: City of Albertville
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