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LRRWMO Meeting Minutes August 17, 1995 Page 3 ACD Letter &BWSR Letter re: Johanson Bankin Jankowski reviewed the August 3,19951etter from Chris Lord, Anoka Conservation District, indicating the Technical Evaluation Panel has inspected Johanson's wetland area and determined the created wetland on site was constructed and maintained in accordance with acceptable standards as prescnbed during the interim rules period, the total area of created wetland is calculated to be 22,810 sq. ft. with a total fill area of 8,880 square feet leaving 13,910 square feet for banking, the wetland credit is new wetland credit for Type 3 wetland, and the applicant clearly expressed the intent to bank residual wetland credits prior to the project. Jankowski also reviewed the August 3, 1995 letter from John Jaschke, BWSR, notifying Johanson that his wetland creation project is approved for deposit in the State wetland bank and explaining the procedure for withdrawal and monitoring. Weaver asked if Johanson's property deed will contain a restrictive clause stating the banked wetland area can not be used for anything else. Jankowski noted a legal description is required. Weaver questioned whether a survey is required to avoid future complications. Schultz suggested a map be made showing banked property. Jankowski noted that BWSR has a record of the location for banked property and asked if they are responsible for enforcement should the area be filled. Schultz commented that local government needs to determine whether they want to be responstble on a local level. Weaver requested the consultant be asked to address this issue in the Plan Update. Jankowski noted enforcement will probably take place through the Cease and Desist process. Schultz questioned the process for the LRRWMO to sign off each year as part of the annual report. Following. the five year monitoring period, Schultz questioned whether a new property owner would be able to hold the LRRWMO liable if the banked area is not maintained as wetland. The LRRWMO requested the secretary present these questions to BWSR and request a written reply. DNR Letter to Sylvia Frolik re: site plans Jankowski reviewed the August 2, 1995 letter from Tom Hovey, DNR, indicating comments regarding the City of Ramsey's project. He advised the site plan approval will be contingent upon applying for a LRRWMO permit, which will be forthcoming.