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HomeMy WebLinkAbout2008.05.19 RESO 2008-0024RESOLUTION 2008 - 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, UPHOLDING STAFF DECISION FOR DENIAL OF WETLAND CONSERVATION ACT EXEMPTION APPLICATION FROM LAWRENCE G. NUORALA WHEREAS, the subject property is identified as parcel identification number 1003121120001. WHEREAS, an exemption application was submitted to City Hall on September 20, 2007. WHEREAS, on January 4, 2008, City Staff issued a Notice of Decision denying the exemption application. WHEREAS, Mr. Nuorala has appealed staff s decision of denial. NOW, THEREFORE, BE IT RESOLVED, THE COUNCIL OF THE CITY OF HUGO hereby denies the exemption application based on the following facts: 8420.0122 Subp. 1.C. Agricultural Activities: The impacted wetland was not drained or used for agricultural activities. Permanent wetland fill is not an acceptable method of "normal farming practices", as defined by MN Rules 8420. Type 7 (Tamarack swamp) wetlands are ineligible for all of the agricultural exemptions of MN Rules 8420.0122. 8420.0122 Sift. 2.13.2. Drainage: The impacted wetland was not drained and Type 7 (Tamarack swamp) wetlands are ineligible for drainage exemptions under MN Rules 8420.0122. Subp. B. 8420.0122 Subp. 5. Incidental Wetlands: The wetland complex on which "fill" was placed was not incidentally created within the last 25 years. 8420.0122 Subp. 7. Forestry: The impacted wetland is not used for silvicultural activities, nor is any silvicultural activities conducted on site. WHEREUPON, a vote being taken upon the motion, the following members voted in favor: Granger, Haas, Pet* Puleo, Miron The following voted against: None ADOPTED by the City Council this 19a' day of May, VM AnKhAYon, Mayor ATTEST: Michele Lindau, City Clerk