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LRRWMO Meeting Minutes June 15, 1995 Page 5 Ferguson stated he is also sympathetic to the situation since the process started so long ago and asked if the Technical Evaluation Panel would be involved. Jankowski commented if the LRRWMO can't get the 2/1 mitigation perhaps they could request a ruling from BWSR. Weaver stated, from the position of a business person, there are too many groups involved - - the DNR, SWCD, Corp, LRRWMO, and now BWSR. He questioned the impact of this type of process on the businessman who wants to make money and stated it destroys incentive and results in excessive costs to pay government employees. He urged the LRRWMO to "get out of the way" and move this process forward so Fries can construct the house. Weaver pointed out that Fries received the Corp permit and made progress before the mitigation regulations became effective, was then issued a Cease and Desist Order and the property "red tagged" which then prevented him from complying with the Order. Weaver stated he believes this is a grandfathered situation and does not want to keep the permit in limbo. He requested the LRRWMO take action subject to Fries performing so he does not need to attend another LRRWMO meeting for further action. Moved by Weaver, seconded by Ferguson, to approve a compromise position to provide a 1.45/1 mitigation plan for LRRWMO Permit #94-16 as proposed by Steven Fries based on the rationale of recognizing the fact that Fries' original Corp permit was issued prior to adoption of the Interim Rules or Permanent Rules and is a grandfathered permit. Haas stated that in view of the City of Andover's position and recommendation from Beduhn and the SWCD, he will vote "present" on the motion. Vote: 3 ayes, 1 present (Haas). Motion carried. Following a brief discussion, consensus was reached that Weaver and Haas would meet with Tony Brough, SWCD, to explain the LRRWMO's action. Fries stated he would also like to attend and Haas stated he will inform him of the meeting date and time. It was noted that the SWCD may appeal this decision to BWSR. Ferguson asked if Andover would remove the "red tag" status. Haas stated that they would not. All agreed Andover has the final authority regarding this issue. Weaver requested the Administrative Secretary provide a draft of this section of meeting minutes prior to the meeting with Fries and Brough. REVIEW PLAN UPDATE - SEH Lobermeier and the LRRWMO reviewed the Land and Water Resources Inventory sections. Lobermeier reminded members they need each city's land use map. He advised he did contact the Coon Creek WMO regarding their back-to-back storm criteria but has not received their response.