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Published on International Falls Daily Journal (http://www.ifallsdailyjournal.com)

Littlefork digs deeper into wetlands, By FAYE WHITBECK, Staff Writer

By Faye Whitbeck
Created 03/28/2008 - 12:32pm

In discussion bogged down by acronyms and government jargon, the Littlefork City Council spent nearly two hours Thursday wading through technical wetlands information from key representatives of several governing agencies.
Out of the mire, came one certainty: Issuing or receiving a building permit is no longer business as usual.
And two key questions remained as a result of the forum with Bill Best of Minnesota Board of Water and Soil Resources; Ryan Heinen of the Koochiching County Soil and Water Conservation District and Richard Lehtinen of Koochiching County Environmental Services; with the city’s attorney Joe Boyle and wife Susan in attendance. The questions:
Should Littlefork become the local governing unit and invest in the training of a councilor to make determinations of “what is a wetland” where building permits are concerned? Or should the city adopt and authorize the Minnesota Wetland Conservation Act to do the governing? Not simple questions by any definition.
Also confusing is the distinction between a “determination” and a “delineation.” Heinen currently does mostly determinations which are not as in depth as delineations, but do involve investigating the soil and water on the property.
A delineation, which is intended to be the most accurate, is usually hired but must still be in accordance with the governing wetland agencies. A delineation is a more detailed characterization with a technical mapping of a property.
“The issue is not if you approve WCA or not,” said Lehtinen. “You’re already in it if you’re in the game. The problem is that, if you approve a permit that even involves fill (soil) — you’ve broken the law of compliance whether you know it or not.
“You’re better off going through the process in advance by referring that person to Ryan’s (Heinen) office for a review and his determination. The county can come in and help you out, as well as be an ally for the property owner. We can work as a buffer with all these entities that are involved. It’s sufficient for you to say that you don’t have the staff to handle it.”
Best, who opened the discussion with a generalization of the purpose, scope, rules, exemptions and enforcement, etc. of WCA which has been in effect since 1991, said, “I know it’s overwhelming.”
Mayor Jerry Anderson reported that people have already been asking for building permits for the summer, and “some of them could be an issue.”
Compliance with Minnesota Statute 15.99 means that some action must be taken within 60 days of the receipt of an application, thereby giving property owners some sense of the time involved. But those who are scheduling projects and intend to apply for permits should keep in mind that wetland determinations or delineations can only be done in the spring and summer months, ending when the growth season slows.
Councilor Shane Williams said he found the county rather anxious to take the responsibility and questioned how difficult it would be to enlist their own council for the tasks. Lehtinen replied that an individual would have to undergo soil and water training and added that “there is a technique and method of determining wetlands —it’s a very technical process. My bottom line is that, even we, have only one person who is really trained for this — Ryan Heinen.”
Heinen stated that he’s been doing determinations for 2-1/2 years and only had one denial. “If you feel the city will be hurt, or a landowner will be held up; most of the time, we can get the landowner through in an exemption,” Heinen told the council. Lehtinen said Heinen doesn’t make “lonely judgments,” that he has a full support staff and many resources.
Best said that difficulties arise when a property contains both uplands and wetlands, with no clear boundaries. “It’s easier if you can tell a property owner: ‘Stay within this area and you won’t have to go through the process.’” Best also reassured the council that smaller agricultural areas go through wetland processes smoother and faster. “In the counties I work with that are doing big developments, with roads and everything else, it becomes a long, difficult deal.”
Heinen also reassured the board that with small project permits, he can usually make a quick review and that usually within 35-40 days, have their decision.
Lehtinen also stressed that waiting for a special exemption from wetland rules for northern Minnesota “is not in the cards.” He believes that antagonizing the powers that be will be counterproductive and that the goal should be to ‘keep good relationships with all entities; and not alienate property owners.”
Administrator Mike Fairchild expressed frustration that Littlefork, even though involving the county entities, still does not have answers or the required paperwork for its Industrial Park Project, which has been curtailed by the WCA. Best replied that Heinen’s determination led to a hired delineation which wetland agencies were not in agreement with, and so required further information.

Littlefork City Council
Other News

•Littlefork Council heard request from Dan Wendt of the Fire Department for additional funding to complete the Fire Hall. Wendt was asked to explore the department’s own budget for funds and to return with a report at the next regular meeting.
•Littlefork Council agreed to send the First Avenue Sewer Extension Project to committee, after a public hearing Thursday.
•Littlefork Administrator Mike Fairchild reported that County Engineer Doug Grindall has confirmed June as the bid-letting month for the Aspen Street Water Main Replacement.
•Littlefork City Council approved rescinding their previous decision to participate in the county E911 Sign System, to further discuss, while still in strong support.
•Administrator Mike Fairchild reported that he has heard many public comments in favor of keeping the county Minneonto towers.
• Littlefork Council approved the Deerwood Bank loan request of Laura Ingram for the expansion of the Hometown Motel.



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