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Dispute Resolution

File number Date Received Type of Appeal Location Summary Status
11-4 2-13-11 Restoration Order Aitkin County The appeal regards the excavation, draining, and filling of wetlands resulting in a minimum of 91,115 square feet of impact. Additional impacts from scope and effect of the new drainage ditch and lowering of culvert have not been calculated. Appeal has been placed in abeyance and the Restoration Order stayed for an onsite visit and technical analyses.
11-3 2-11-11 Restoration Order Waseca County The appeal regards the draining and filling of approximately 8.3 acres of a Type 2 wetland. This involves the same location and similar issues as File 11-2. Appeal has been placed in abeyance and the Restoration Order stayed until there is a final decision on the the appeal of the exemption determinations (File 11-2).
11-2 1-24-11 Exemption and No-loss Application Waseca County The appeal regards the denial of an exemption and no-loss application. A previous denial of the same exemption and no-loss application had been appealed (File 8-4). The appeal has been granted, and a copy of the record has been requested.
11-1 1-20-11 Restoration Order Hennepin County The appeal regards the filling of approximately 1.77 acres of wetland and 0.69 acres of excavation. Appeal has been placed in abeyance and the restoration order stayed until there is a final decision on an after-the-fact wetland application.
10-16 12-23-10 Forestry Exemption Carlton County The LGU under a local appeal reversed the staff decision and approved an after-the-fact forestry exemption for the construction of a forest logging road. The appeal has been remanded back to Carlton County (LGU's record not adequate / expanded technical review).
10-15 11-29-10 Restoration Order Mille Lacs County The appeal regards the filling of approximately 5,800 square feet of wetland for lakeshore access and to create a larger recreational area. Appeal has been placed in abeyance for submittal of technical analyses of the onsite drainage modifications.
10-14 11-08-10 Restoration Order St. Louis County The appeal regards the filling of approximately 49,155 square feet of wetland. Appeal has been denied because the request for appeal was not made within 30 days of receipt of the restoration order.
10-13 8-30-10 Restoration Order Benton County The appeal regards the placement of approximately 5,663 square feet of earthen material / demolition debris in a Type 2/3 wetland. Appeal has been denied
10-12 8-27-10 Restoration Order St. Louis County The appeal regards the excavation and filling of approximately 43,394 square feet of wetland and the construction of more than 1,000 feet of drainage ditches. Appeal has been placed in abeyance and the Restoration Order stayed to allow the local government unit to respond to the data practices request, and for the Technical Evaluation Panel to convene and develop written findings.
10-10 6-10-10 Appeal of Watershed District decision Wild Rice Watershed District This is an appeal filed under M.S. 103D.535 regarding an order of the managers of the Wild Rice Watershed District not to go forward with the Upper Becker Dam Enhancement Project as proposed. Appeals filed under 103D.535 require that the Board follow the Administrative Procedures Act. The Act requires that the hearing be conducted by an Administrative Law Judge through the Office of Administrative Hearings. The appeal has been placed in abeyance pending settlement discussion
10-3 2-1-10 Restoration Order Stearns County The appeal regards the placement of agricultural drain tile and modifications to a county ditch resulting in approx. 12 acres of unauthorized wetland impacts The appellant has granted BWSR additional time to make a final decision
09-22 10-02-09 Restoration order Carlton County Three separate investigation areas encompassing more than 18 acres of wetland impacts from excavation, filling and ditching Appeal is in abeyance pending further technical work and for submittal of complete wetland replacement plan, exemption, or no-loss application

For more information, please contact Travis Germundson, (651) 297-4958

Minnesota Board of Water and Soil Resources

520 Lafayette Road North, St. Paul, MN 55155 | (651) 296-3767 | Fax (651) 297-5615 | TTY (800) 627-3529

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