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s <br /> r <br /> , �P,`�OF MIIVrJFSOr9 <br /> I!/Iinnesota Department of Natural Resources , <br /> O N <br /> m w <br /> 9 J� OFFICE OF THE COMMISSIONER <br /> �i �,° 500 Lafayette Road <br /> �yT�FNA�JRP�Q� St.Paul,Minnesota 55155-4037 <br /> August 11, 1997 <br /> Stephen W. Farnes <br /> P.O. Box 593 <br /> Mound, MN 55364 <br /> Dear Mr. Farnes: <br /> I wish to thank you for showing my staff the erosion problems at Deering Island in Lake Minnetonka on August 4, 1997. <br /> I understand that Senator Gen Olson and Representative Steve Smith also joined you and several other area lakeshore <br /> ev.'^e�s d��ir)�th� ir�spection of this 3TE�. �'!!y sta�f;e�c�,s t~a,zr�sic� ��o5��ms do exist, especialiy at.��e sauth and <br /> east side of Deering Island and at several other nearby locations. , <br /> You advised my staff that you were requesting the Department of Natural Resources(DNR)to impose a"no wake"area � <br /> on the south side of Deering Island. We understand that you previously petitioned the Lake Minnetonka Conservation <br /> District(LMCD)to establish such a"no wake"zone in this area on at least two occasions in the past, and that LMCD <br /> has not yet agreed to adopt an ordinance that satisfies your concerns. <br /> To clarify our authority in this matter, water surface use zoning can be done in only two ways (reference M.S. §§ <br /> 868.201-205&459.20 and Minn. Rule 6110.3000-.3800): <br /> (1) the local unit of government would have to propose an ordinance and the Department would need to review <br /> it and either approve or disapprove in writing in 120 days, or <br /> (2) the local unit of government(s) can request the DNR to propose a rule that would impose water surface <br /> use restrictions, subject to final approval by the same local unit of government(s). This applies only in cases: a)where <br /> two or more counties cannot agree on restrictions or b)where state or international boundary waters are involved. <br /> An exception to these procedures has been made in the case of Lake Minnetonka and White Bear Lake.The Legislature <br /> created a lake conservation district for each lake and gave those districts certain authority, including water surface use <br /> zoning. No approval for ordinances adopted by these districts is required from the DNR. <br /> We understand that the LMCD has indicated a willingness to continue to study this issue. Ps�rou discussed with my <br /> staff, the DNR is studying the same issue on the St. Croix and Mississippi River systems. We are attempting to obtain <br /> quantifiable data as to the exact effects of boat wakes on the erosion of shoreline. We will provide any of our findings <br /> to the LMCD and are willing to assist them in any such studies they may wish to undertake on this complex issue. <br /> Staff are also available to advise you and your neighbors in how to deal with the erosion problems you face. Please <br /> feel free to contact either Regional Hydrologist Dale Homuth or Area Hydrologist Ceil Strauss at 772-7910 if you desire <br /> further information or assistance in this regard. <br /> Sincerely yours, <br /> �-N� �� <br /> Ronald Nargang <br /> Deputy Commissioner <br /> cc: Senator Gen Olson Representative Steve Smitli <br /> LMCD Minnehaha Creek Watershed District <br /> , Kathleen Wallace, Regional Administrator <br /> D � � C�I�H�11�1 910f1e1 HYd�OIOgISt H:IRNDOC.DNRIDEERING.897 <br /> �s u �, <br /> AUG �'�Rf�9�a i 612-296-6157, 1-800-766-6000 • TTY:612-296-5484, 1-800-657-3929 • FAX:612-296-4799 <br /> An Equal Opponunity Employcr sA Printed on Recycled Paper <br /> `a Comaining IOSE Post-Consumcr Wasce <br /> By <br />