HomeMy WebLinkAboutResolution 913RESOLUTION N0. `I �
A RESOLUTION APPROVING CERTAIN DREDGING AND SPOILS
DISPOSAL FOR THE WEST SHORE LAFAYETTE BAY ASSOCIATION
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council is concerned about the problems
created by unregulated dredging in and adjacent to Lake Minnetonka,
which problems affect the Lake and all the property adjacent thereto;
and
WHEREAS, the City Council is concerned that permanent
structures and artificial obstructions located in wetlands, lakes,
drainageways, and on property adjacent thereto may adversely affect
the natural resources, open space, drainage patterns and wildlife
habitat of the City; and
WHEREAS, because of the above noted concerns and for the
protection of the health, safety and general welfare of the citizens
of Orono, the City Council has established and adopted regulations
.providing for strict control of dredging in and adjacent to the
lake and strict control of filling or alteration of wetlands, marshes,
drainageways and land adjacent thereto; and
WHEREAS, the Planning Commission and City Council have
reviewed at length an application by the West Shore Lafayette Bay
Association for certain maintenance dredging of a channel in
Lafayette Bay, Lake Minnetonka, and for placement of dredged materials
upon land occupied by the Fresh Water Biological Institute.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
hereby makes the following findings of fact:
1. The channel dredging is located in Lafayette Bay, Lake Minnetonka,
as shown on Exhibit A attached.
2. The channel dredging is required to maintain riparian access to
nine residential properties within the City of Orono.
3. The channel to be maintained was previously dredged under proper
state permits.
0
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.
Resolution No.
Page 3
5. Upon construction of•the dike, a sign shall be erected at the
applicant's cost•on the disposal site, visible.from Old Beach
Road and at.a location acceptable to the City inspector, which
sign shall be as follows:
Size: no less than 3' high by 5' long
on posts at least 6' high.
Material: wood or metal with white painted
surface and red, black or blue letters.
Legend: West Shore LaFayette Bay Association
Fresh Water Biological Institute
RESEARCH PROJECT (Larger letters) -
Effects of Dredging & Nutrient Release
Permits granted by:
Minnesota Dept. of Natural Resources
Minnesota Pollution Control Agency
Minnehaha Creek Watershed District
City of Orono
6.- Prior to the start of dredging,.the FWBI shall sample the waters
of LaF4yette Bay and the FWBI marsh for turbidity and for nutrient
• levels and shall submit a report of same to the City.
7. During the dredging operation, the FWBI shall daily monitor
turbidity of LaFayette Bay water and shall submit weekly reports
• of same to the: City.
8. Pr1or_to dischArge.of-marsh water to the lake, -the FWBI.shall
monitor the concentrations of nitrogen, phosphorus and dissolved
organic carbon in the FWBI-marsh, shall weekly submit reports of
same to the City, and shall prohibit discharge of -marsh water to
LaFayette Bay until concentration levels are equal to or lower
than LaFayette Bay levels.
9. After completion of the dredging and release of the marsh water
to LaFayette Bay, the FWBI shall prepare a comprehensive report
including conclusions gained from -the study and shall submit same
to the City, the MNDNR and the MPGA.
•�10. If, -at any time during the dredging operation, the nutrient levels
in the marsh water or outlet to LaFayette Bay rise to a point
determined by the City to be detrimental to Lake Minnetonka, the
City reserves the right to enforce a stop work order prohibiting
further dredging activity until the nutrient levels are reduced.
Resolution No.
Page 4
11. Upon completion of the dredging and release or evaporation of
impounded waters, the disposal site shall be recontoured and
landscaped, including removal of the dike, sodding, seeding and
tree or shrub planting to prevent erosion and to return the area
to a natural state, which landscaping shall be at the applicant's
cost and for which the applicant shall post with the City a letter
of credit for $3,000.00 to ensure performance.
12. The West Shore LaFayette Bay Association and the Fresh Water
Biological Institute shall review this Resolution and agree
to the conditions contained herein prior to this permit being
effective, which agreement shall be indicated by execution of
this agreement in the spaces provided.
AGREED:
�n
•Earl Sween, Chairman J. ood, Director
West LaFayette Bay Association Fre h Oater Biological Institute
This Resolution adopted by the.City Council of the City of Orono on
the :,�7Z L' day of , /" . ,, , 19zg.—
William B. Van Nest, Mayor
ATTEST:
Walter R. Benson, Clerk/Administrator
.•
STATE OF MINNESOTA CXIffor
W v. leo
Rev. DEPARTMENT OF NATURAL RESOURCES' /ZE $Q L •
t1/�0 DIVISION OF WATERS, SOILS AND MINERALS .A. No.78-632
Centennial Office Building, St. Paul, Minnesota, 55101
IN THE MATTER OF THE APPLICATION OF WEST SHORE LAFAYETTE BAY ASSOCIATION
for a PERMIT TO CHANGE THE.COURSE, CURRENT, OR CROSS SECTION of Laf aye'tte Bays Lake Minnetonka
Hennepin County.
PERMIT
• Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the permit application.
Ietiers, maps, and plans submitted by the applicant, and other supporting data, all of which are made a part hereof by reference, PERMISSION
IS HEREBY GRANTED to Earl Rwppi . M ai rmatl whose address for theur
p pose of notices and otter
communications pertaining to this permit is -2440 Old Beach Road which address is subject to change by written
notice from the permittee. Wayzata, M. 55391
To remove silt and earthen materials from Lafayette Bay, Lake Minnetonka to elevation
924.5 SLD in the improvement of 26001 of existing channel all as described on
application- and plans submitted` Shoreline channels shall extend not more. than
501 waterward from the NOHWL and approach channels 5001 and 2001 respectively,
shall not be more than 501• in width.
PROPERTY -DESCRIBED as: part of SWks See. 16 and part of NW'k , Sec. 219 T.117N, R.23W
for the purpose of navigation improvement.' Hennepin COUNTY
This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS:
GENERAL PROVISIONS
• 1. This permit is permissive only and shall not release the permittee from any liability or obligation imposed by Minnesota Statutes, Federal
Low or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereattw imposed by
law.
2 This permit is not assignable except with the written consent of the Commissioner of Natural Resources, -
3. The Director of the Division of Waters, Soils and Minerals shall be notified at least frvt days in advance of the o' mrnencernent of the
work authorized hereunder and shall be notified of its completion within five days thereafter. The notice of permit issued by the
Commissioner shall be kept securely posted in a conspicuous place at the site of operations.
4. No change shall be made, without written permission previously obtained from the Commissioner of Natural Resouroasr•in the hydraulic
dimensions, capacity or location of any items of work authorized hereunder.
5. The permittee shall grant access to the site -at all reasonable times during and after construction to authorized representatives of the
Commissionr-of Natural Resources for inspection of the work authorized hereunder.
6. This Pam* maybe terminated by the Commissionair of Natural Resources, without notice. at any time he deems it necessary for the
conservation of the water resources of the state, or in the interest of public health and welfare, or for vimWon of any of the provtsors
of this permit, -unless otherwise provided in the Special Provisions. '
SPECIAL PROVISIONS
1. Construction work authorized under this permit shall be completed on or before DeCube= 30s 1978 , upon '
written request to the Conmissiorter by the Permittee, stating the reason therefore, on extention of time may be obtawead.
11.1 The excavation of soil authorized herein shall not be co suued'to include the removal of organic matter
:924:5 .S.L.Do
removed i unless the aro from which such oryanic matter is
mpervious or is sealed by the appliation of bentonite after excavation.
111. In all cases where the doing by the permittee of anything authoidedbythispermit"lkwOvethouking,viing,ordamagingofanypwperty
.rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon.o` interests t wrairi, the
e perrtwttee, before proceeding therewith, shall obtain the written.eon_ sent of all persons. agencies„ or authorities concerned, and shall
aoquiraslh.property.eghts and interests necessary therefor-
-IV..: This prcr tis'ermissiveonly.Noliabilityshallbe"cmposeduponornncurredbytheStateofMinnesotanmyofitsofficers,agentsoremployees,.
officially or. personally. on account of the granting hereof or on account of any diriiage to any person or property resulting from
any act or omission of the permittee or any of its agents, employees, or contractors relating to any matter hereunder. This permit shall
not be construed as estopping or f rniting 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 farniting any legal
claim or right of action of this state against the permittee, its agents, employees, or contractors for violation of or failure to comply with
the provisions of the pen. t or applicable provisions of law.
. V_ No material excavated by authority of this permit nor material from,�nXother source except as specified herein, shall be placed on any
'portion of the bad of said waters ww1l" lies below.
It shall be the duty of the permittee to detemwne correctly all pertinent elevations
at the site of the work for the purpose of complying with the conditions of this permit
VI. Any extension of the surface of said waters resulting from work authorized by this permit shall become public w,vatersacwd left open and
unobstructed for use by the public.
(o`er!
SPECIAL PROVISIONS
VII. Receipt h hereby acknowledge of S DOES as payment for NOT cubic yards of Sano, gravel
or rock and APPLY cubic yards of muck and silt, albe estimated amount of material to be removed hereur.6,.,
computed at the rate of ten cents per cubic yard for sand and gravel and two cents per cubic yard for muck and silt,
Permittee agrees by acceptance of this permit as shown by commencement of work authorized hereunder to pay, by certified check, bank or
postal money order, made payable to the State Treasurer and delivered to the Director. Division of Waters, Soils and Minerals. Department of
Natural Resources, Centennial Office Building, St. Paul, Minnesota 55101, for any material removed from the bed of public waters in excess of
that so estimated, at the above rate within thrity days after completion of the work authorized hereunder.
VIII. That portion of the channel in Section 16, T.1179 R.23 will be dredged with a dragline
and materials barged off the site and that portion of the channel in Section 219 T.1179
R.23'will be dredged with the use of a hydraulic dredge and pumped to an upland dredge
retention sitep which has been approved by the City of Orono and the Pollution Control
Agency and owned by the Freshwater'Biological Institute.
SEE ADDITIONAL ATTACHED SPECIAL PROVISIONS.
cc: '.Ninnpehaha Creek Vatershed District -
• City of Orono 1 -
S- -'
Pe C.A.
s Bea Bansf er, Conservation Officer DATED AT ST. PAUL„ MINNESOTA, THIS ' DAY OF
U.S. CMZ.s -Permits -BranchIx X#rMffi'*Xflr
VZ
• City of Minnetonka w�swn o t
'• ri;.4u11 1V tJ. �7�VJGJ
• � � , • it �- w
' DATED June 139 1978
SPECIAL PROVISIONS
• (Only the numbered Special Provisions apply to this permi:t.),-
• 9 The permittee -shall comply with all rules,regulations, requirements, or• standar
_
of the Minnesota Pollution Control Agency and other applicable federal, state, o
local agencies.
The use of explosives in any of the waters of the state is prohibited unless the
local State Conservation Officer is notified thereof at least 48 hours in advanc
of the time the work is to be done.• (M. S., Sec. 101.42, Subd. 11).
Before construction and after completion of the project authorized, permittee sh;
supply the Regional Hydrologist with photographs of the project area.
Spoil material shall not be placed on the beds of public waters, and, wherever
possible; such material should not be placed anStahere within areas subject to
flooding. In the. event spoil must be placed within flood plain areas because are
free from flooding are not readily available, the spoil should be placed parallel
•to, the direction of flood flow and/or spread over a large area so as to minimize
any possible obstruction to the passage of flood waters. _
10 Future maintenance of this project shall not -exceed the dimensions herein author!
Prior to commencing any maintenance permittee shall advise the Regional Hydrologi
Maintenance excavation shall not be 601 1enced until permittee*s receipt of the
Regional Hydrologist=s approval. -
Il This permit does not obviate any reguirement for federal assent from the U.S. Cor
• of Engineers, 1210 U.S. Post Office and Custom House,, St. Paul, M. 55101.
Permittee -shall seed a strip of land abutting both sides of 'the ditch to permanen
grasses and :legumes, these strips to meet one' of ,the following standards:
.A.' Each strip shall be at least 40 f eet `wide -for the full length of the
excavated ditch and shall not be mowed prior to•'July`15 -in any year; or
M. -Each strip 'shall :be at least- 25 feet wide for the- full length of the ex-
_ :cavated ditch, provided of . these narrower strips -.shall not. be done
Any organic materials . or' mud wave that may be* raised' or pushed, up above the exist.
Ing lakebed as a result of grade fill placement shall be removed to the satisfacti
of the Department" of Natural ' Resources. -
1 - 'r,P.ermittee ,shall notify the Regional Hydrologist at' 296-7523, -and Conservation Offi
Bea -Ransfer-- "' ; -,at -735=6369 hours prior to intent to commence author
Jzed work.
-13 Permittee . shall notify the Regional Hydrologist im3nediately upon completion of
authorized work so -that a final inspection can -be conducted.**
14
-Tlhen work isperformed by contract, the permittee shall, prior to commencement of
work, notify the Regional Hydrologist, in writing, the name. of the contractor,
the addrpess, phone,number -and project fore m' an. for project.
: (See • reverse side' for' additional -provisions, if any.)
`14 Permittee shall prepare or require the contractor to prepare a comprehensive
erosion and sediment control plan addressing construction and final grade stabi
zation to prevent"erosionand sedimentation into public waters. Such plan'shal
include but not be limited to bale diking, temporary ponding, temporary and/or
• permanent sodding, seeding, mulching and netting.' Such -plan shall be completed
prior to commencement of authorized work and submitted to the Regional Hydrolog
for inclusion in permit file.
Permittee shall ensure that the contractor has received and thoroughly understa
all conditions of this permit.
Permittee and contractor .are hereby advised that any violation of the condition
of this permit constitute a misdemeanor, punishable by a fine of $500 and/or 90
days in jail.
15 All exposed -soil resulting from the authorized activity shall, within 48 hours
of completion of such work, be seeded with a mixture of perennial and annual"
grasses and then mulched with straw or similar mulch. The use of sod as erosioi
protection will preclude the need for seeding and mulching provided the sod is
installed within the alotted time period and is staked on slopes steeper than 4
feet horizontal distance per every 1 foot of vertical rise.
1G. This permit is issued under the condition that the applicant comply with the
conditions, recommendations and restrictions required by the City of Orono,
the City of Minnetonka, the Hinnehaha Creek Watershed -District and the Fresh-
. water• - io =a a -- -st'tt�at�.•-• '
- T
N
U N J
� ' .Z CL
cn
4EXY�Vls a
1
4
} O W
Q'Z
s� m
The West Lafayette Bay Association and WAWAPADC, the hat! lic 9
dredging contractor, hereby provide the information requested by the
• Planning Commission.
1. The slurry volume based on eight hours pumping per day at 1500 gal/min
1500 x 60 min. x 8 hours = 720,000 gals/day AE)(IIAS / % D
720,000 = 96256 cu. ft. = 3565 cu- yds/day REsO L,
7.48 27
3565 cu. yds x 5.5 = 19607 cu. yds/week
2. The dikes will be constructed by pushing up dirt from inside the
disposal area with a D-6 Cat to elevation of 940 feet and 942 feet
as shown on attached contour section. Seal of dikes insured by
compaction of D-6 going up inside of dikes.
3. The Spoil Area will have two berms with a total capacity of approx-
imately 70,000 cu. yds. This will provide retention of water and
spoils for over 3 weeks. With normal evaporation and absorbtion
there may be no discharge from the berms. (3 x 19607 = 58821 cu. yd.)
4. Daily monitoring of dikes and possible water discharge will be
done with lab tests three times per week as per MPCA requirements
for any possible discharge from berms.
5. With culvert from wetlands to Lake Minnetonka blocked, the water
quality of the wetland will be tested to insure that the nutrients
are less than Lake Minnetonka levels before any water discharges
from the wetland are allowed to flow into the lake.
6. Dredging will stop if any possibility of overflow seems possible
from marsh.
7. Culvert will be partially blocked before dredging starts to allow
run-off from any rainfall until berms are nearly full and then
it will be blocked completely.
YILZAGF GH CnONO
Permit No: MND 050075
2 NOT eA114/ T E
just 15 1978 P U B L I C H D- T I C E• 9/._�__
VILLAGE 0R OROKa for the
STATE DISPOSAL SYSTEM PERMIT PROGRAM
Minnesota Statutes Chapters 115 and 116 as *amended and Agency Regulation WPC 36
Proposed State Disposal System Permit to Construct Wastewater Treatment Facilities
Minnesota Pollution Control -Agency
1935 West County Road B2
Roseville, Minnesota 55113
Attn: Permits,Section
Public Notice Nu: Pubic Notice Issued On:
• 84D-151
JUN 15 1978
Name and Address of Applicant:. Name and Location of Facility:
West Shore Lafayette Bay Association
2440 Old Beach Road
Wayzata, Minnesota 55391
Dredge• Spoi l Disposal Facility
on the property of Freshwater
Biological Research Institute
in the N h of Section 21,
T117N, R 23 W in the city of
Orono, Hennepin County
Facility'Description
The applicant indicates that .the facility consists of:
A settTing•basin with a volume of over 70,000 cubic yards which will -provide
3 weeks -detention.* 'The settling basin dikes will have a minimum of 2 feet
of freeboard with dikes at or. above an elevation of 940 feet. The slope of
the dikes will be 2 horizontal to 1 vertical. After filling for period of
9 to 12 days the basin will discharge approximately 720,000 gallons per
day. The.basin will contain spoils dredgedfrom'2300 feet of channel and
will ultimately hold 13,000 cubic. yards of*sp61ls. The wetland which
the- disposal system will discharge to will be parti al ly. bl ocked and water
quality will be monitored to .insure 'that nutrient levels are_ less than
that in Lake Minnetonka before any water discharges from the wetland will
be allowed.--fbis permit shall require monitoring at the outfall from the
disposal system (outfall 20100)'at elevation 937.5 near the intersection
of old Beach Road and County -Road No. -19.-
U � r
.r
2315 Old Beach Road
Wayzata, MN 55391
May 17, 1978
EXH/,(3/T F
.dLS4t. p/3
Mr. Earl Sween
2440 Old Beach Road
Wayzata, MN 55391
Dear Mr. Sween:
I have read over the proposed dredging plan offered by WAWAPADCO
and I find that it is much better than the plan offered by
Mr. Novak. The retaining of water so'that the wetland only has
to deal with the nutrients from approximately 15% makes this plan
more appealing.
I visualize our role as follows:
(a) We can retain the effluent water from the dredge in the
Institute wetlands by sealing off the culvert which goes
under Old Beach Road.
(bJ We 'shall conduct daily determinations of the nitrogen,
phosphorus and dissolved organic carbon in the wetlaad until
concentrations are identical to Lafayette Bay water. At this
point we shall allow Mie water to return to Lafayette Bay.
(c) Fiske-Subba=ow, and Micro Rj eldahl methods will be used for
phosphorus and nitrogen determinations respectively. '-
(d) -We shall measure turbidity by spectrophotometry.
(e) We expect the West Lafayette Bay Association to pay for liming'
and landscaping the spoils area.
(f) ,The Freshwater Biological Research Foundation, has agreed. to
fund the project up . to the level of $5,000.
urs sincerely,
A A -A
M. Wood
.-ector, Freshwater Biological Institute
JM; j