Caledonia Argus

County board denies wetland application

Posted: 3/18/03

by Jane Palen
Managing editor

The county board has rejected an application from Dan Cady, La Crescent, to fill in wetlands on property he owns on the river in La Crescent.

The wetlands have already been filled in but the county was instructed to disregard that and consider the application on its own merits. A house constructed on the site is not in a wetland area, but the driveway leading to the home was constructed in an area where the wetlands were filled in.

The countyís dealings with Cady began in 2000, when he began to fill in two wetland areas and found to be in violation of the Wetlands Conservation Act. According to Ralph Tuck of the Root River Soil and Water Conservation District, Cady was issued a cease and desist order from the Department of Natural Resources. He had thirty days from that time to file a plan with the Soil and Water Conservation District. No plan was received, and he was ordered to remove the fill from the wetlands.

In January of 2001, Cady applied for an after-the-fact permit, and his plan was heard by commissioners in April of 2001. They denied the application, and Cady appealed. In September of 2002, he withdrew his appeal and submitted a revised application. The county requested more information on the plan and it is the revised plan that was under consideration.

With the denial of the permit application, the original order to restore the wetlands is effective. The current restoration order calls for compete restoration of wetlands A and B. Wetland A is about 1,150 sq. ft., about 350 sq. ft., of which has been filled; and wetland B, which covers several acres, about 7,000sq. ft. of which has been filled.

However, Ralph Tuck of the Soil and Water Conservation service indicated to commissioners that the technical evaluation panel called in to review the application has agreed that the restoration order could be revised to require the restoration of wetland ìBî only. Members of the technical evaluation panel in addition to Tuck include planning and zoning director Rick Frank; county engineer Allen Henke; Mary Kells of the Board of Water and Soil Resources, Rochester and Bill Huber, DNR hydrologist, Lake City.

Cady has 30 days to appeal the county boardís decision.

The land in question has a home on it which was built prior to the fill being placed. According to Tuck, the driveway to the home was moved, which required the addition of fill and led to the violation. Water and sewer lines were added at after the cease and desist order was issued, he said. County commissioners have made several trips to the site.

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