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'! <br /> I <br /> I <br /> I <br /> I <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> ! <br /> i <br /> I <br /> I <br /> <br />-9- <br /> <br />4. The site groundwater is not protected by an aquiclude, <br /> <br />and the groundwater protection problem cannot be resolved <br /> <br />(number 12 on the flowchart). The basis for this conclusion <br /> <br />is set forth in MPCA Exhibit 5 at pages 18-19. <br /> <br />During the comment period Anoka County submitted written <br /> <br />comments and information on this recommendation and urged that the <br /> <br />site be certified as intrinsically suitable for sanitary landfill <br /> <br />use. The County's comments and submittal of new information <br /> <br />concerning the Director's bases for not certifying the site are <br /> <br />discussed below. <br /> <br /> Lake/Pond/Flowage <br /> <br />Anoka County has objected to the Director's determination <br /> <br />that the body of water in the southwest corner of the proposed <br /> <br />fill area is a "lake, pond or flowage.°' <br /> <br />The County's basis of objections is that the DNR Shoreland <br /> <br />Management Inventory upon which the Director has relied in making <br /> <br />his determination has no legal status because the City of Ramsey <br /> <br />has not adopted a shoreland ordinance. The County states that the <br /> <br /> DNR's inventory was prepared only to aid municipalities in <br /> preparing their municipal shoreland ordinances. <br /> <br />EAs explained in the letter of Jocelyn F. Olson to Hearing <br /> <br /> xaminer Thomas Jensen dated September 2, 1981, the MPCA staff is <br /> <br /> relying on the DNR Shoreland Management Inventory to determine <br /> which bodies of water in the State of Minnesota come withi'n the <br /> <br />definition of "lake, pond or flowage." The fact that the City of <br /> <br />Ramsey has no setback requirement with respect to wetland 2-117W <br />does not negate the fact that DNR has determined that this body of <br /> <br /> <br />