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To: <br />From: <br />Date: <br />Planning Commission Members <br />Jeanne A. Mabusth, Zoning Administrator <br />December 10, 1985 <br />Subject: #989 Hennepin County Highway Department of Transportation <br />Hendrickson Access - Conditional Use Permit - Second Review <br />List of Exhibits <br />Exhibit A - Ault's Letter of 12/4/85 <br />Exhibit B - M.C.W.D.'s Letter of 11/27/85 <br />Exhibit C - Staff Notice <br />Review of Dredging Issue <br />The State Supreme Court in the case of Rex Welsh vs. the City of <br />Orono determined that the DNR had complete and sole jurisdiction over <br />all matters dealing with the dredging of the lake bed. The City may <br />require a conditional use permit if dredged material is to be used on <br />land portion and a variance if the material is to be used within 75 <br />feet of the lakeshore. If material dredged is to be removed and not <br />used as fill, the City has no jurisdiction over the matter. <br />Per your directive, Mr. Ault advises that dredging is required to <br />obtain navigable clearance adjacent to proposed seawall - prevent <br />stacking out in bay area creating traffic problems. Dredging will <br />also involve the removal of existing rip-rap adjacent to shore. <br />Dredged material will not be used for backfill; granular fill <br />will be used as backfill. <br />My files confirm that a DNR permit has been applied for also. <br />Please note a permit has been approved by the M.C.W.D. <br />Lights are not proposed with this project but may be considered <br />as an independent project sometime in the future. <br />Staff recommends approval of the conditional use permit <br />application of the Hennepin County Department of Transporation for a <br />proposed seawall of approximately 126 feet in length along the shore­ <br />line, adjacent to the Hendrickson boat ramp subject to the following <br />conditions; <br />1. Pentachlorophenol treated timbers to be used in construction. <br />2. Granular fill can only be used for backfill - dredged <br />material to be removed from site. <br />3. A geotextile filter fabric to be used behind the metal <br />seawall. <br />1 <br />4 <br />j <br />i <br />I1 <br />J