01-27-1992 Council Packet - Laserfiche WebLink

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staff's recommendation provided that an additional requirement be added specifying that any dredging be conducted by a contractor licensed by the District. It was moved by Manager Lindley, seconded by Manager Maple, that the permit be approved based upon recommendation of staff as amended by Manager Love’s suggestion that any dredging be conducted by a licenced contractor, and with the permit being issued upon receipt of those items noted in staff's report in a form and substance acceptable to staff. Upon vote, the motion carrie^^ unanimously. Public hearing concerning whether an Environmental Assessment WPflMh****^ nhpuld be required for the Channel Drive Hommomnar*a Association Dredoina Project located on Alban's Bar of Lake Minnetonka. President Spensley opened the Public Hearing. He indicated that the District had been designated by the Environmental Quality Board (*BQB*) as the Responsible Governmental Unit ("RGU") to review issues raised in a petition to that Board concerning whether the proposed dredging by the Channel Drive Homeowner’s Association raised issues necessitating an Environmental Assessment worksheet ("EAW’'). President Spensley indicated that he would ask staff for a report concerning these matters, and then would call upon representatives of the petitioner, developer and members of the public to provide any comments which they may have. President Spensley indicated that this was a proceeding on the record and that any documents which any party wished to make a part of the record should be provided to staff. He further indicated that no decision would be made by the Board of Managers at this meeting, but that Managers should feel free to ask any questions of any witnesses. Mr. Jones stated that petitioners raised a number of concerns as to whether the proposed project would have a substantial impact upon the environm,ent. Mr. Jones indicated that the role of the Board under Minnesota Rule 4410.100, subp. 6, is to order the preparation of an EAM if the evidence presented by the petitioners, proposers and other persons or o..:;erwise known to the RGU deomnstrates that, because of the nature or location of the proposed project, the project may have the potential for significant environmental affects or to deny the petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental effects. President Spensley recognized Mr. Wendle, appearing on behalf of the petitioners. Mr. Wendle indicated that he believes an EAW is required as a matter of law since the surface area of the water to be dredged is more than one acre, and since the cumulative expansion of a marina project would result in a total of 20,000 or iDore square feet of water surface area for docks, docking or maneuvering of water craft. -6-(11/21/11) jiJk.