HomeMy WebLinkAbout1999-10-29 MN DNR Ltr Re SS Marina Dock Reconstruction 4s0,0F MINNf�T9
��� Minnesota Department of Natural Resources
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October 29, 1999 NOV - 3 1999 I
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Leonard J.Kremer
Barr Engineering Company
4700 West 77th Street
Minneapolis,MN 55435-4803
RE: Sunnyside Marina Dock Reconstruction, Permit #79-6220, Lake St. Croix (82-1),
Washington County
Dear Mr.Kremer:
Please accept my apologies for taking so long to respond to your September 22,1999-letter. In
that letter you documented our discussion and requested clarification on two issues that came up
during our September 10, 1999 inspection and meeting at Sunnyside Marina. The questions
evolved around the issue of what types of changes could be made to the dock configuration
' without being considered an expansion of the facility and triggering the requirement for an
Environmental Impact Statement(EIS). Because this situation and issues are relatively unique,it
took me some time to gather input from the appropriate staff and experts.
Based on this input,I have the following response to the six points you listed from our meeting:
1. The number of boats served by the marina cannot exceed 278,as specified in the DNR
permit for the facility. However,we would consider amending the permit to convert tie-
along mooring spaces into slip mooring spaces,provided the size of the marina is not
expanded.(See number 5&6 below for further discussion on the expansion issue).
2. In accordance with State Rules,no new pilings can be allowed,however,we will consider
replacement of existing pilings at approximately the same location under the maintenance
provisions of your permit.
3. You are considering removal of the rubble mound breakwall located just upstream(north)
of the gas dock. I have advised you that such removal will require a permit from the
Department. I have also advised you that there is nothing in state rules that absolutely
prohibit the DNR from granting such a permit. A permit could be granted if it is shown
that the proposed excavation is not detrimental to significant fish and wildlife habitat or
protected vegetation;the excavation is reasonable and practical based on hydrologic
conditions at the site;an acceptable spoil disposal site is found;and the excavation is
consistent with all other plans,laws,rules and ordinances.
DNR Information:651-296-6157 • 1-888-646-6367 • TTY:65I-296-5484 • 1-800-657-3929
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Leonard J. Kremer
October 29, 1999
Page 2
4. You are considering the installation of retaining walls along the shoreline to replace the
rock rip rap, in order to provide more and better mooring areas near the shore. I have
advised you that such construction will require a permit from the DNR. Again, there is
nothing in state rules that absolutely prohibit the DNR from granting such a permit.
However, such a permit can only be issued if the DNR finds that the retaining wall
represents the minimal impact solution to the specific need; it is found that the project
involves a minimum of encroachment, change or damage to the environment; that any
adverse effects of the project are mitigated; that the proposed structure is consistent with
all other plans, laws, rules and ordinances; that the design of the wall is consistent with
existing uses in the area; that adequate engineering studies are performed in the design of
the wall; that the structure is not an aesthetic intrusion upon the area; and that any permit
for such a retaining wall must be title-registered unless maintenance is guaranteed by a
public agency or local unit of government.
5. & 6 You asked about moving slips from one pier to another and you asked for an exact
determination of the "footprint" of the marina. I am lumping these questions together,
since the answer to each is closely related.
The "footprint" is the area which is currently used by Sunnyside Marina for the purpose
of docks, docking and maneuvering of watercraft. The term"footprint" is not defined in
state rule. It is simply a term I used during my meeting with you. What is meant by this
term is the water surface area used for docks, docking and the maneuvering of watercraft.
This is the phrase used in the EQB rules. Any change in this "area" would require an
EIS.
It is my opinion that changes to the configuration of the docks and conversion of tie-
alongs to slips are potentially allowable provided that the total water surface area used by
the facility remains the same. In other words, it may be possible to lengthen Pier#4, if
the length or configuration of the other piers was changed so that the total square footage
of the marina is unchanged. However, please note that waterward extensions of any of
the piers must be limited so that the no wake area does not have to be extended further
out into the lake.
I am open to further discussion on how to determine the water surface area currently used
by Sunnyside Marina, but the easiest way would be to draw lines between the waterward
most extent of each pier and calculate the area between this line and the shore. In looking
at the Plan Layout, dated 4/27/98, I question whether the scaling is accurate enough for
this purpose. A more accurate drawing may have to be developed to do these
calculations.
"
Leonard J. Kremer
October 29, 1999
Page 3
I hope this answers the additional questions you had and clarifies the other points discussed
during our meeting. If not, please don't hesitate to contact me or Area Hydrologist Molly
Shodeen at 651-772-7915.
Sincerely,
Dale E. Homuth
Regional Hydrologist
c: Todd Butterfield, Sunnyside Marina
City of Oak Park Heights
Kent Lokkesmoe, Director, DNR Waters
Tibor Gallo, Attorney General's Office
John Linc Stine, Permits and Land Use Section Admin.
Steve Johnson, DNR Waters
Molly Shodeen, Metro Waters
Dan Seemon, U.S. Army Corps of Engineers
Buck Malick, Boundary Area Commission