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BWSR Meeting Minutes <br />December 16, 1998 <br />Page Five <br />Rod Massey, Minnesota Pollution Control Agency (MPCA), reported that the agency <br />made headline news in the Tribune. MPCA is taking this to heart. The issues are <br />being addressed. Rod stated that MPCA met with Tribes on environmental issues <br />affecting reservations and disputed lands. Rod reported that federally funded 319 <br />clean water partnership nonpoint activities were appropriated an additional $2 million. <br />Ron Nargang, Department of Natural Resources (DNR), stated that it took everyone's <br />participation in the Red River Mediation to come to consensus. Ron commented on the <br />U.S. Supreme Court's hearings regarding the Treaty. Ron reported that a decision from <br />the Court is not expected until March 1999. <br />Ron report that DNR had appealed to the News Council regarding a Channel 5 news <br />report. The News Council unanimously supported DNR. <br />New Business <br />City of Stewart Petition for Boundary Change Between High Island and Buffalo Creek <br />Watershed Districts -Order Board Hearing -Doug Thomas presented the Order. He <br />explained that the ali relevant substantive and procedural requirements of law and rule <br />have been fulfilled. The Board has proper jurisdiction in the matter of ordering a <br />watershed boundary change hearing, scheduled for January 14, starting at 2:00 p.m. at <br />the City of Stewart Community Center, to be heard by board members Glenn <br />** Annexstad and Dwain Otte. Moved by Ron Nargang, seconded by Ginny Imholte, to <br />98-74 approve the Order of Boundary Change Hearing between the Buffalo Creek and High <br />Island Watershed District. Motion passed on a voice vote. <br />Mary Kells, BWSR, vs. Rochester Appeal -recommendation by the Dispute Resolution <br />Committee -Jim Haertel explained the appeal of the City of Rochester's approval of the <br />applicant's wetland replacement plan. The DRC recommendation is to reverse the <br />dec?sion cf the City of Rochester. At issue was whether an adequate site plan had <br />been submitted with the application. The TEP recommended further detailed <br />information by provided on the site plan. There were also some items brought up by <br />the applicant's attorney subsequent to the DRC hearing. Jim stated that the first three <br />itmes hid been heard by the DRC, but the fourth dealt with ex parte communication. <br />Chair Roer asked if any Board members had ex parte communications. No board <br />members responded in the affirmative. Jim also stated that the issue of requested <br />information, in reference to Government Data Practices Act, was sent as requested, <br />** affidavit received on Monday, regarding communications. Moved by Glenn Annexstad, <br />secor. aed by Ginny Imholte, l~ iat the full Board approve the recommendation of the <br />Dispute Resolution Committee, to reverse the City of Rochester in this matter. The <br />applicant's attorney asked if he could make a presentation to the Board before the <br />