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March 22, 2004 <br />Wayne Junes <br />599 62nd Street <br />Lino Lakes, MN 55014 <br />Dear Mr. Junes, <br />I have reviewed the wetland application plan you submitted for your property located at 599 62nd <br />Street in the City of Lino Lakes (RCWD Permit application, number 03 -090). <br />Your proposed plan involves the creation of two additional lots north of 62nd Street and West of <br />West Shadow Lake Drive and 9,771 square feet of wetland impact. <br />The Rice Creek Watershed District is required by State law to accept or deny wetland <br />replacement plans based on their compliance with Minnesota Rules Chapter 8420, the Minnesota <br />Wetland Conservation Act <br />Minnesota Rules Chapter 8420.0548 Subp 3C5 states that "If the local government unit <br />determines that a feasible and prudent alternative exists that would avoid impacts to wetlands, it <br />shall deny the replacement plan." <br />Minnesota Rules 8420.0548 Subp 3C2 states that "An alternative shall be considered feasible an d <br />prudent if it meets all of the following requirements: <br />(a) it is capable of being done from an engineering point of view; <br />(b) it is in accordance with accepted engineering standards and practices; <br />(c) it is consistent with reasonable requirements of the public health, safety, and welfare; <br />(d) it is an environmentally preferable alternative based on a review of social, economic, <br />and environmental impacts; and <br />(e) it would create not truly unusual problems. <br />The wetland impacts may be avoided by building the third lot in the location of the existing barn. <br />This would eliminate any degradation of the wetland from the horses. Impacts from residential <br />edge could be minimized or eliminated by placing signs along the edge to educate the residents of <br />the existence of the wetland and what activities are not allowed within the wetland. Another <br />alternative would be to eliminate lot 2 and change the footprint of lot 1 to avoid wetland impacts. <br />According to Minnesota Rule 8420.0520 Subp. 7a., the case that the wetlands proposed to be <br />impacted are extremely degraded and the proposed project will increase the quality of the wetland <br />can only be made if a functional assessment is conducted using a methodology approved by the <br />Board of Water and Soil Resources and is reviewed by the Technical Evaluation Panel. The <br />Technical Evaluation Panel includes representatives from the Soil and Water Conservation <br />