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issued to the permittee by a DNR conservation officer pursuant to a possible Wetland <br />Conservation Act violation. Attached is a copy of the Cease and Desist Order along with <br />a letter from Becky Wozney of the Anoka Conservation District, which provides some <br />background on this issue. <br /> <br />A Cease and Desist Order does not mean that a violation of law definitely exists, only <br />that activity should be terminated until the question of a violation can be determined. In <br />this case, Ms. Wozney's follow up site visit determined that the haul road through the <br />excavation (probably intended as a temporary situation) constituted fill in a wetland. She <br />also indicates that the hydraulic connection between the excavation and County ditch 5 <br />may also require a permit. <br /> <br />The permittee at some point in the operation began to use pumping equipment in his <br />operation, to control the flow of local water. A site visit was conducted by the <br />Department of Natural Resources Area Hydrologist, Tom Hovey, on October 27, 2001. <br />Mr. Hovey verbally advised City staff that a permit from the DNR would be required for <br />the continuation of the pumping operations. -The CUP permit did not anticipate. <br />dewatering, since the major equipment used for the excavation was to be a drag line. <br /> <br />Commission Action: <br /> <br />Motion to adopt findings of fact relating to John Enstrom's request for a Conditional Use <br />Permit to grade and export soils. <br /> <br />-and- <br /> <br />Motion to approve/deny John Enstrom's request for a Conditional Use Permit to grade <br />and export soils. <br /> <br />Reviewed by: <br /> <br />City Administrator <br />Director of Public Works <br />City Attorney <br /> <br />SPEC/CC: 11/20/01 <br /> <br /> <br />