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Z. Resolution No. Page 2 4. 'The dredging will only remove silt from within the existing channel and will not affect the hard lake bottom. 5. The dredging will be done according to the conditions of the MNDNR permit No. 78-6325'.attached hereto as Exhibit B. 6. The dredge spoils will be deposited on property owned by the Fresh Water Biological Research Foundation as shown on Exhibit C attached. 7. The Hennepin Soil and Water Conservation District has determined that the disposal site is dry land and not wetland or marsh land. 8. The spoils disposal will be a settling basin behind earthen dikes as noted on Exhibit D attached and as regulated by MPGA state disposal system permit (application attached as Exhibit E). 9. The effluent from the disposal area will be contained within the large FWBI wetlands and the wetlands water qua4ty.will be daily monitored by FWBI staff as a research experiment as noted on Exhibit F attached. AND, BE IT FURTHERMORE RESOLVED, that based upon the above noted findings of fact, the City Council of the City of Orono does hereby grant to the West Shore LaFayette Bay Association a Conditional Use Permit for dredging and spoils disposal subject to the following conditions: 1. Dik-b construction shall be -subject to a building permit, which permit.may-be issued by staff upon receipt of permits by the MCWD and-MPCA and upon payment of the building permit fee. 2. Dike Construction shall be subject to the approval of the City engineer prior to the start of any dredging. 3. The -culvert under Old Beach Road (between the FWBI marsh and Lake Minnetonka) shall be -sealed to the satisfaction of the City engineer prior'to the start of any dredging. 4. Dredging may not begin until receipt by the City of permits from the MNDNR and MCWD and until at least 24-hour notice be given to the City inspector.