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LRRWMO Meeting Minutes June 15, 1995 Page 4 before the driveway could have been constructed in that area. Fries stated he was not aware of this past activity and letter the realtor wrote to the Corp until he received the Cease and Desist Order. Fries pointed out he requested the driveway in Location #2 because it is the shortest distance and impacted less wetland azea. Haas noted the LRRWMO has a recommendation from their engineer and need to be careful about varying from that recommendation. Fries requested that the LRRWMO take the entire history into consideration when acting on his request. Haas advised the DNR is ready to go to court on this because the Cease and Desist Order has not been complied with. He added there has been three or four revision to Fries' plans and the DNR wants compliance now with no more revisions. It was noted that Andover has "red tagged" this property and will not let Fries move any dirt until he obtains the required permits. Fries asked that the "red tag" status be removed so he can begin to restore the other azeas and start compliance with the Cease and Desist Order while the driveway issues aze being resolved. Haas stated Andover and Tony Brough do not want to remove the "red tag" in an effort to keep the pressure on Fries to complete the driveway process. With regazd to trying to provide a 2/1 mitigation ratio, Fries explained there is no high ground left unless he cuts down some trees. He reported that he did talk with Ken Gust, engineer for North Suburban, and it may be possible to provide mitigation on their project but it will probably take up to 60 days before that happens. Jankowski suggested Fries attempt to enter into an agreement with North Suburban to provide the remaining .55/1 mitigation. Weaver stated he wants to "clear out the red tape and get Fries going on this project". Jankowski stated he is also sympathetic with Fries' situation and perhaps a 1.45/1 mitigation ratio is close enough considering the history. Fries stated he had hoped this could be a compromise position. He noted that with North Suburban, it is an option if they do not want too much money to provide that additional mitigation. With regard to the sequencing process, Haas noted a public hearing is required to be held before the LRRWMO can consider approval of the plan. Haas stated he thinks the DNR would approve providing mitigation on the North Suburban project. Fries stated he is willing to pursue that option because it may be easier and more expedient to resolve than trying to reach a mitigation agreement or compromise.