2001-10-25_AgendaPacket - Laserfiche WebLink

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BWSR Meeting Minutes September 26, 2001 Page Three have been held with the Environmental Cluster Group. Doug thanked the Minnesota Department of Agriculture (MDA) for their strong support of RIM. BWSR submitted three proposals including RIM, road replacements, and SLR. Doug reported that BWSR has received a citizen petition from Hennepin County for dissolution of the Hennepin Conservation District. Staff are meeting with the Attorney General's office to assist with this issue. Doug reported that a case in the Court of Appeals relating to the matter of the enlargement and increasing the number of managers of the Brown's Creek Watershed District and the Valley Branch Watershed District has been reversed. The decision came back against BWSR stating BWSR does not have authority to enlarge a watershed district to include territory already within a functioning joint powers water management organization (WMO). BWSR staff will continue to work with Washington County on this process. Copies of the appeal decision will be distributed to board members. Chair Coe thanked Doug for his efforts in Ron's absence. Dispute Resolution Committee (DRC) -Jim Haertel reported that there are presently six appeals pending. All six appeals involve WCA. The most recent appeal is of a. no-loss decision in Mower County. Since the decision was made by a staff individual with no public hearing, the appeal will be held in abeyance until the Mower.SWCD Board makes a decision. Two other pending appeals involve the same exemption determination by the Rice Creek Watershed District. The appeals have been accepted and apre-hearing conference will be scheduled. The other appeals have been reported to board members previously. One pending appeal is of an exemption determination in McLeod County. The appeal has been remanded to the county to develop a better record including more technical analysis. Another pending appeal is in LaCrescent along the Mississippi River in Houston County. The replacement plan denial arose from a cease and desist order and a restoration order. The appeal has been accepted and at the pre-hearing conference resolution was explored. The appeal is pending while discussions occur with the landowner,. the city and the county. Another pending appeal regards an exemption approval by the Lac qui Parle -Yellow Bank Watershed District involving the federal exemption. The appeal has been accepted and apre-hearing conference has not been set since resolution is being pursued. Wetlands Committee -Darrell Bruggman reported that the Wetlands Committee will meet on October 12, 9:30 a.m., in St. Cloud.