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Council Exhibit D 17-3933 Minnesota Department 1200 Warner Road • St MNDNR June 20, 2017 of Natural Resources Paul, MN • 55106 City of Orono Attn: Jeremy Barnhart, Community Development Director 2750 Kelley Parkway Orono, Minnesota 55356 Re: Proposed Vacation of the right of way at 3405 and 3407 Crystal Bay Road Dear Mr. Barnhart, Thank you for seeking input from the Department of Natural Resources regarding the proposed vacation of the right of way adjacent to 3405 and 3407 Crystal Bay Road in Orono. Your letter was forwarded to me to review and provide comments as required by M.S. 412.851. M.S. 412.851 indicates that "No vacation shall be made unless it appears in the interest of the public to do so." In response, "The commissioner must evaluate: (1) the proposed vacation and the public benefits to do so; (2) the present and potential use of the land for access to public waters, and (3) how the vacation would impact conservation of natural resources." The DNR has reviewed the proposed vacation of Lake Street abutting the public waters of Lake Minnetonka in the city of Orono, and we offer the following comments: Lake Minnetonka is a designated public water of the state of Minnesota providing unparalleled water recreation for the citizens of Minnesota. DNR surveys show Lake Minnetonka is one of Minnesota's most popular bodies of water for boating. Changing recreational trends or increased population could result in a need for additional or improved public access to the lake. It is also important to recognize that public access includes activities like shore fishing, hiking, scenic overlooks, and winter access, in addition to launching and docking boats. Vacating this right of way would reduce public access to adjacent public rights-of-way and reduce potential public access to the lake. Preserving this right-of-way in its current state may protect shoreline and offer natural resource benefits. It is not uncommon in considering road vacations for decision makers to be asked to consider whether other public access is available on the public water body, with the argument being that the area to be vacated is not important in the overall context. But statute does not direct this as a point of consideration. We cannot anticipate what needs may exist for public access or www.hr.state.mn.us 416 AN EQUAL OPPORTUNITY EMPLOYER 'P -,A PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST -CONSUMER WASTE