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HomeMy WebLinkAboutDNR permit • y�P��pF MINIyFSOr 9 Mi�nesota Department of Natural Resources Centra Reg�on Waters - 1200 Warner Road, St. Paul, MN 55106-6793 ° W Telephone: (651) 772-7910 Fax: (651) 772-7977 m � U � � OJ � ���FNATUPP�'P May 19, 2006 ��CEI VE(� ��Y l 3 1�a6 Gayte Dx Street C l T Y�F�R�NO 3125 Orono, Minnesota 55356 RE: Permit#2006-0463, Riprap, Lake Minnetonka(27-133-24P), Hennepin County Dear Ms. DeVries: During the permit review period I viewed your shoreline and noted that erosion is occurring. However, mowing the lawn to the water's edge is contributing to the erosion problem in some areas. The removal of native, deep-rooted vegetation along the shoreline to create the yard has left this area vulnerable to erosion due to wave action.Turf grass lacks the deep root structure necessary to hold the bank in place and provides very low-quality habitat for beneficial insects, birds and amphibians. Your permit application stated a concern that trees were falling into the lake. Dead trees on the shore and logs lying in the water can be beneficial as they provide perches for birds and sunning areas for turtles. Preferably,your shore area would be planted with native vegetation along the shoreline and inland to approximately 15 feet. If you apply fertilizer and pesticides to your lawn,natural vegetation between your yard and the shore would also provide some filtering of rain water runoff from your yard,preventing excess fertilizer and pesticides from reaching the lake. Enclosed is Permit#2006-0463 authorizing the requested 328 feet of riprap,however,we encourage you to give consideration to the information in this letter and to the enclosed brochures before deciding on how to proceed with your project. A well-thought-out lakescaping plan could accomplish your goal of stabilizing the shoreline while providing much needed habitat and food for wildlife, protecting water quality, and improving the aesthetic value of the shoreline. Please read the Conditions of the permit and note that Condition#l4 prohibits work between April 1 and June 30 in order to minimize the impacts of the project on fish spawning. If you have any questions concerning this permit, please contact me. Sincerely, _ � �- �.��-i-��._ Julie C. Ekman Area Hydrologist Enclosures c: Minnetonka Portable Dredging,�om 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 DNR Information: 651-296-6157 • 1-888-646-6367 • TTY:651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer �1' Printed on Recycled Paper Containing a Who Values Diversity ��� Minimum of]0%Post-Consumer Waste .�Minnesota • ' PUBLIC WATERS Permit Number � WORK PERMIT 2oos-0463 I Department of I I Natural Resources i � i Pursuant to Minnesota Statutes, Chapter 103G, and on the basis of statements and information contained in the permit application, letters, 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 the applicant to erform the work as authorized below: Public Water Name County Lake Minnetonka—Maxwell Bay (27-133-24P) Hennepin (27) Name of Permittee Telephone Number(Include Area Code) Gayle DeVries 952-473-7581 Address (No. 8� Street, RFD, Box No., City, State,Zip Code 3125 Fox Street, Orono, Minnesota 55356 Authorized Work: Place natural rock riprap along 328 feet of shoreline, where erosion is occurring, all as shown and described in permit application and supporting materials received March 21, 2006, and the Conditions of this permit. Purpose of Permit Expiration Date of Permit Natural Rock Riprap November 30, 2007 Property Described As: SW`/4, SW'/4 Section 4, T117N-R23W, Hennepin County This permit is granted subject to the following CONDITIONS: 1. The permittee is not released from any rules, regulations, requirements, or standards of any applicable federal, state or local agencies; including, but not limited to, the U.S. Army Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency, watershed districts, water management organizations, county, city and township zoning. This permit does not release the permittee of any permit requirement of the St. Paul District, U.S. Army Corps of Engineers, Army Corps of Engineers Centre, 190 Fifth Street East, St. Paul, MN 55101-1638. 2. This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources. 3. The permittee shall notify the Area Hydrologist at least five days in advance of the commencement of the work authorized hereunder and notify him/her of its completion within five days. The Notice of Permit issued by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations. 4. The permittee shall make no changes, without written permission previously obtained from the Commissioner of Natural Resources, in the 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 Commissioner of Natural Resources for inspection of the work authorized hereunder. 6. This permit may be terminated by the Commissioner of Natural Resources at any time deemed necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for violation of any of the provisions or applicable law of this permit, unless otherwise provided herein. 7. Construction work authorized under this permit shall be completed on or before the date specified above. The permittee may request an extension of time to complete the project, stating the reason thereof, upon written request to the Commissioner of Natural Resources. 8. In all cases where the permittee by performing 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 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