Agenda - Council - 12/12/1995 - Laserfiche WebLink

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Mr. Steve Jankowski December 1, 1995 Page 2 (b) After filing of the engineer's report, notice must be given and a public heating held as provided in section 103E.261. © If from the heating it appears from the engineer's report and other evidence presented that the installation will be of a public or private benefit and that it will not impair the utility of the ditch or deprive affected land owners of its benefit, the drainage authority shall make an order modifying the drainage system and issue a permit authorizing its installation. Subd. 4. Flowage easement required. Before installing or constructing an impoundment or diversion, the petitioner shall obtain rights-of-way and flowage easements from owners of land to be affected by it. Subd. 5. Assessment of maintenance and repair costs. The order of the drainage authority modifying the drainage system must provide that construction and later maintenance and repairs of the drainage system modification and installation must be done by the petitioner without assessment of the cost to the property owners previously within the drainage system." Please note that if the City desires, the Department is willing to supply the engineer that is referred to in Subd. 3.(a). As I have stated in conversations, the Department is prepared to proceed with issuance of permit no. 94-6209 when the mitigation issue is sufficiently resolved. I look forward to meeting with Terry Herman of J'ohn Oliver and Associates and you on December 7 to discuss this further. Thank you for your continUed cooperation in this matter. Please feel free to call if you have any questions. Sincerely, TomHove),. . f' Area Hydrologist Enelosiare Jon Olsen, Anoka County Highway Department Dale Homuth, Regional Hydrologist John Linc Stine, Permits and Land Use Administrator Tim Wallace, Area Wildlife Manager Dave Zappetitlo, Area Fisheries Manager Wayne Barstad, Ecological Services Jim Solstad, Surface Water Hydrologist I I I I I I I I I I I I I I I !