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o <br /> <br />10. <br /> <br />11. <br /> <br />12. <br /> <br />13. <br /> <br />14. <br /> <br />15. <br /> <br />16. <br /> <br />That the Applicant received Public Waters Permit No. 99-6042 on February 5, 1999 to <br />stabilize the bank and the accompanying cover letter from DNR Area Hydrologist, Tom <br />Hovey, noted that any work above the ordinary high water mark is in the City of Ramsey's <br />jurisdiction and requires compliance with local ordinances. <br /> <br />That on April 14, 1999, the City was informed by DNR staff that the bank stabilization on the <br />Subject Property exceeded the work permitted by DNR and went beyond the ordinary high <br />water mark. <br /> <br />That on April 14, 1999, the City informed the Applicant that the failure to obtain a permit <br />from the City for work above the ordinary high water mark was a violation of City Code, that <br />all work above the ordinary high water mark should cease except for temporary erosion <br />control measures, and requested that the proper permits be applied for. <br /> <br />That on May 11, 1999, Mr. Jim Weidenbach, hereinafter referred to as "Applicant", properly <br />applied for an environmental permit to regrade the riverbank and stabilize the slope with rip <br />rap on the Subject Property, which is located in the Mississippi Critical River Overlay <br />District and also subject to the Wild and Scenic River Regulations. <br /> <br />That the Applicant's submittal consists of three (3) sheets which include Plot Plan & <br />Riverbank Section (Sheet 1 of 3), Landscape Plan (Sheet 2 of 3), and Typical Sections At <br />Riverbank for Lots 6 and 7 (Sheet 3 of 3). <br /> <br />That the Applicant appeared before the Ramsey Planning Commission for a public hearing <br />pursuant to Section 9.03.04 of the City Code on June 1, 1999, and that said public hearing <br />was properly advertised and that the minutes of said public heating are hereby incorporated <br />as a part of these findings by reference. <br /> <br />That the Applicant's submittal includes an erosion control plan that includes hydro seed and <br />mulch combination, and a silt fence on the slope to minimize nm-off into the Mississippi <br />River during construction. <br /> <br />That the smallest amount of ground will be exposed for as short a time as feasible. <br /> <br />That the proposed landscape alterations will not substantially adversely impair the use, <br />enjoyment, or market value of any surrounding property. <br /> <br />That the landscape alterations will be a substantial improvement to property in the immediate <br />vicinity and to the community as a whole. <br /> <br />That the proposed landscape alterations will not involve uses, activities, processes, materials, <br />and equipment and conditions of operation that will be detrimental to any persons, property, <br />or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, <br />glare, or odors. <br /> <br />RESOLUTION #99-06-118 <br /> Page 2 of 3 <br /> <br /> <br />