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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 frorn 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 provisions of law. 10. Any extension of the surface of protected waters from work authorized by this permit shall become protected 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 "State of Minnesota Stormwater Manual" MPCA, November 2005 (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. 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: Minnetonka Portable Dredging, Tom Niccum U.S.Army Corps of Engineers, Joe Yanta City of Orono, Mike Gaffron DNR Conservation Officer, Jackie Glaser Minnehaha Creek Watershed District, James Wisker DNR Wildlife, Ecological Services, and Fisheries Hennepin County, Joel Settles DNR Central Waters, Ron Anderson Hennepin Conservation District, Stacey Lijewski Lake Minnetonka—Maxwell Bay(27-133-24P) File Authorized Signature Title Date L� _ �1� �.__ _ �� _ �� � � Julie C. Ekman� Area Hydrologist Version 12/12/2001 This information is available in an alternative format upon request