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Special LRRWMO Meeting Minutes September 22, 1992 Page 6 replacement. He stated there are some exceptions that do apply. This is defined as a Type 2 wetland. However, the neighbors feel it is more extensive than shown. Jankowski indicated this relates to the fact that soils show ISAN soil groups surrounding the area. By definition, it has a water table from 0 -2 feet; therefore, that area would possibly be considered Type I wetland. Jankowski stated Type I wetland would not have to be replaced around the Type II wetland. Jankowski stated, more importantly, Type II wetland may also have an exemption coming because the Wetland Protection Act states if less than two acres and used as agriculture, it may be exempted. Jankowski referred to page 12, item #8 of the act addressing exemptions. Jankowski indicated this land was cropped; but as soon as this property owner purchased the land and had it developed, does it mean it is no longer agricultural land? An aerial photographic was shown. Jankowski went on to read exemption #24, referring to pre- liminary plat approval. He stated this development received official preliminary plat approval by the Ramsey City Council on May 1992. However, back in July 1991 this property was specifically proposed to be assessed for a trunk sewer that would eventually serve it. A public hearing was held result- ing in this property to be assessed $115,000. There was a financial canmitment placed on this property prior to August 1, 1991. Jankowski stated this does not conform precisely to the letter of the law, but the spirit of the law is there was activity on this property prior to the law. Jankowski stated he talked to the developer and asked him to replace the small amount of Type II wetland elsewhere in the basin. In concept, he thought it would be acceptable. Jankowski indicated he does not have the exact location for this replacement which would be approximately 0.5 acre or less. Ottensman stated he has trouble agreeing with the exemptions in this situation. He also indicated he had trouble calling it preliminary plat approval. Ottensman stated it seems the property owner should replace the wetland. Jankowski agreed, as long as we are talking about the area of the Type II wetland. However, if the property owner were to be required to replace the Type I wetland, he might have a real problem trying to find that much area to replace.