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t 8. In all cases where the permittee by pertorming the work authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights, and interests needed for the work. 9. This permit is permissive only. No liability shall be imposed by the State of Minnesota or any of its officers, agents or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable conditions. ' 10. Any extension of the surface of public waters from work authorized by this permit shall become public waters and left open and unobstructed for use by the public. 11. Where the work authorized by this permit involves the draining or filling of wetlands not subject to DNR regulations, the permittee shall not initiate any work under this permit until the permittee has obtained official approval from the responsible local government unit as required by the Minnesota Wetland Conservation Act. 12. Erosion control measures shall be adequately designed for the site characteristics. They may include staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be installed in accordance with "Protectinq Water Qualitv in Urban Areas" MPCA, March 1, 2000 (and as revised in the future), prior to commencement and maintained throughout the project. All exposed soil shall be stabilized as soon as possible and no later than 72 hours after the completion of the project. Topsoil should be used to re-dress disturbed soil areas and indigenous plant species should be used to revegetate disturbed areas whenever possible. 13. Any work below the water level shall be encircled by a flotation sediment curtain to prevent sediment from being transported beyond the construction site. This sediment curtain shall be constructed and maintained as illustrated on the enclosure entitled "6.32 Treatment Measures: Flotation Silt Curtains." (Copy Enclosed) The barrier shall be removed upon completion of the work after the silt has settled. 14. No activity affecting the bed of the protected water may be conducted between April 1 and June 30,to minimize impacts on fish spawning and migration. If work during this time is essential, it shall be done only upon written approval of the Area Fisheries Manager, at 952-826-6756. c: Applicant Agent: Minnetonka Portabie Dredging, Tom Niccum/with permit card City of Orono, Mike Gaffron Minnehaha Creek Watershed District, Renae Clark Hennepin County Environmenta� Services, Joel Settles Hennepin Conservation District, Stacey Puranen U. S. Army Corps of Engineers, Joe Yanta DNR Conservation Officer, Jackie Glaser DNR Ecological Services, Wayne Barstad DNR Fisheries, Daryl Ellison DNR Wildlife, Bryan Lueth DNR Central Office Permits Unit Lake Minnetonka (27-133-17) File Authorized Signature Title Date . ` C- ulie C. Ekman Area Hydrologist �� s Version 09/29/04 This information is available in an alternative format upon request