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PC Exhibit <br /> D <br /> • nil DEPARTMENT OF LA21-29 <br /> NATURAL RESOURCES <br /> Office of the Regional Director <br /> DNR Central Region Headquarters <br /> 1200 Warner Road <br /> St. Paul, MN 55106 <br /> July 7, 2021 <br /> City of Orono <br /> Jeremy Barnhart,AICP <br /> Community Development Director <br /> 2750 Kelley Parkway <br /> Orono, MN 55356 <br /> Re: Proposed Vacation right away adjacent to 372 Westlake and 365 Westlake,terminating at Stubbs Bay, a bay <br /> of Lake Minnetonka,Orono, Minnesota. <br /> Dear Mr. Barnhart, <br /> Thank you for seeking input from the Department of Natural Resources regarding the above referenced <br /> • proposed vacation.Your letter was forwarded to me to review and provide comments as required by M.S. <br /> 412.851. <br /> M.S.412.851 indicates that "No vacation shall be made unless it appears in the interest of the public to do <br /> so." In response, "The commissioner must evaluate: <br /> (1)the proposed vacation and the public benefits to do so; <br /> (2) the present and potential use of the land for access to public waters;and <br /> (3)how the vacation would impact conservation of natural resources." <br /> The DNR has reviewed the proposed vacation of the right-of-way adjacent to 372 Westlake and 365 Westlake, <br /> terminating at Stubbs Bay, a bay of Lake Minnetonka in the city of Orono, and we offer the following comments: <br /> The proposed vacation public benefit:There is nothing in the application/letter or survey that indicates a <br /> benefit to the public. <br /> Present and potential use of the land for access to public waters: As land use patterns change this right of way <br /> has potential for access to land and water that may be of vital importance in 50 to 100 years. Fluctuation in lake <br /> levels either seasonal or long term can be unpredictable and the city may find the right of way of the road <br /> invaluable for emergency access and property owner access during these events. We ask the city to consider <br /> this. <br /> • <br /> Minnesota Department of Natural Resources•Central Region 1200 Warner Road,St.Paul,MN 55106 <br />