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CASE <br /> <br />REQUEST FOR AN ENVIRONMENTAL PERMIT TO ALTER THE LANDSCAPE OF <br />PROPERTY LOCATED IN THE RUM RIVER SCENIC OVERLAY DISTRICT; <br /> CASE OF TERRY AND JANE LUKE <br /> By: Zoning Administrator Sylvia Frolik <br /> <br />Background: <br /> <br />On May 11, 1999, the City received an application from Terry Luke at 14250 Bowers Drive <br />N.W. to regrade and stabilize the bluff line along the Mississippi River on his property. The <br />following items are enclosed for your information: <br /> <br />a) <br />b) <br />c) <br />d) <br />e) <br />f) <br />g) <br />h) <br />i) <br /> <br />Site location map <br />Three (3) sheet set of project plans <br />Letter from DNR dated March 16, 1998 <br />Letter from DNR dated October 21, 1998 <br />DNR Permit and cover letter dated February 5, 1999 <br />Letter from DNR dated May 27, 1999 <br />Memo from Community Development Assistant dated May 28, 1999 <br />Proposed findings of fact .:. <br />Proposed environmental permit <br /> <br />Notification: <br /> <br />Public hearing notices were sent to properties in excess of the 350 feet radius required by State <br />law. <br /> <br />Observations: <br /> <br />The subject property is located in the Mississippi River Critical Overlay District and is also <br />subject to the Wild and Scenic River regulations. After visits with City and DNR staff from <br />March to October, 1998, it was confirmed that there was serious bluff erosion problem on the <br />property. It was the consensus of all jurisdictions that the proposed project to control soil erosion <br />was excessive. In September of 1998, Mr. Luke submitted an application to DNR to regrade and <br />stabilize the river bluff on his property. On February 5, 1999, DNR issued a permit to Mr. Luke <br />to perform the landscape alterations up to the ordinary high water mark, noting that any work <br />above the high water mark required a permit from the City. On April 14, 1999, the City received <br />notification from DNR that the landscape alterations performed went beyond the ordinary high <br />water mark. Staff immediately notified Mr. Luke to cease work and implement some temporary <br />erosion control measures until the proper permits are obtained. <br /> <br />Accordingly, Mr. Luke applied for an environmental permit and submitted plans identifying pre- <br />existing and current slopes and the extent to which rip rap was installed. The purpose of this <br />after-the-fact permit is to ensure that the project is completed in accordance with Critical River, <br />Wild and Scenic River, and MNRRA guidelines. To do this, will at least require restoration of <br />the slope and top of bluff with native vegetation to mitigate the visual impact of work performed <br />and protect the natural and scenic value of the river. <br /> <br /> <br />