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RESOLUTION 2008 - 24 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGO, <br />WASHINGTON COUNTY, MINNESOTA, UPHOLDING STAFF DECISION <br />FOR DENIAL OF WETLAND CONSERVATION ACT EXEMPTION <br />APPLICATION FROM LAWRENCE G. NUORALA <br />WHEREAS, the subject property is identified as parcel identification number <br />1003121120001. <br />WHEREAS, an exemption application was submitted to City Hall on September <br />20, 2007. <br />WHEREAS, on January 4, 2008, City Staff issued a Notice of Decision denying <br />the exemption application. <br />WHEREAS, Mr. Nuorala has appealed staff s decision of denial. <br />NOW, THEREFORE, BE IT RESOLVED, THE COUNCIL OF THE CITY OF <br />HUGO hereby denies the exemption application based on the following facts: <br />8420.0122 Subp. 1.C. Agricultural Activities: The impacted wetland was not drained or used for <br />agricultural activities. Permanent wetland fill is not an acceptable method of "normal farming <br />practices", as defined by MN Rules 8420. Type 7 (Tamarack swamp) wetlands are ineligible <br />for all of the agricultural exemptions of MN Rules 8420.0122. <br />8420.0122 Sift. 2.13.2. Drainage: The impacted wetland was not drained and Type 7 (Tamarack <br />swamp) wetlands are ineligible for drainage exemptions under MN Rules 8420.0122. Subp. <br />B. <br />8420.0122 Subp. 5. Incidental Wetlands: The wetland complex on which "fill" was placed was <br />not incidentally created within the last 25 years. <br />8420.0122 Subp. 7. Forestry: The impacted wetland is not used for silvicultural activities, nor <br />is any silvicultural activities conducted on site. <br />WHEREUPON, a vote being taken upon the motion, the following members voted in favor: <br />Granger, Haas, Pet* Puleo, Miron <br />The following voted against: None <br />ADOPTED by the City Council this 19a' day of May, <br />VM <br />AnKhAYon, Mayor <br />ATTEST: <br />Michele Lindau, City Clerk <br />