Minutes - Council - 11/20/2001 - Special

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testified that he does work seven days a week at certain times. Finally, there is also an issue regarding obtaining and complying with other necessary permits. The existing Conditional Use Permit refers to such permits in Condition #2, which states that the permittee obtain and comply with any permits deemed necessary from Anoka County in conjunction with the hauling aspect of the operation onto CR #64. In addition, condition #24 states that the permittee is responsible for obtaining necessary permits fi'om other regulatory agencies, specifically for temporary or permanent wetland fill. No such permits were obtained by the pennittee. On May 5, 1999, a Cease and Desist Order was issued to the permittee by a DNR conservation officer pursuant to a possible Wetland Conservation Act violation. A Cease and Desist Order does not mean that a violation of law definitely exists, only the activity should be terminated until the question of a violation can be determined. In this case, Ms. Woxney's follow up site visit determined that the haul road through the excavation (probably intended as a temporary situation) constituted fill in a wetland. She also indicated that the hydraulic colmection between the excavation and County ditch 5 may also require a permit. The pennittee at some point in the operation began to use pumping equipment in his operation to control the flow of local water. A site visit was conducted by the Department of Natural Resources Area Hydrologist, Tom Hovey, on October 27, 2001. Mr. Hovey verbally advised City staff that a permit from the DNR would be required for the continuation of the pumping operations. The Conditional Use Permit did not anticipate dewatering, since the major equipment used for the excavation was to be a dragline. Councihnember Zimmerman stated that being the conditional use permit has expired and they do need additional information fi-om the WMO he felt that the issue should be returned to the Planning Commission for action. Councilmember Anderson stated that when the Council discussed the issue the week previous staff had felt that a permit was not needed from the WMO, she inquired if that opinion had changed. City Engineer Jankowski replied that he had received the letter from Becky Wozney, Wetland Specialist fi:om the Anoka Conservation District, after the last Council meeting, which would give the opinion that a permit would be needed from the WMO. Councihnember Anderson indicated that the letter stated that a pumping permit is needed. City Engineer Jankowski replied that staff does have proof that Mr. Enstrom has received that permit. Councihnember Anderson questioned the reference of an MPCA permit. John Enstrom, 8702-181~t Avenue NW, Ramsey, stated that he had received a packet from the MPCA, which describes.the needs and requirements, for an MPCA permit. He was told that an MPCA permit is not needed for his property. City Council/November 20, 2001 Page 3 of 12