Resolution - #99-06-120 - 06/22/1999

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6. That the Applicant received Public Waters Permit No. 99-6037 on February 5, 1999 to stabilize the bank and the accompanying cover letter from DNR Area Hydrologist, Tom Hovey, noted that any work above the ordinary high water mark is in the City of Ramsey's jurisdiction and requires compliance with local ordinances. 7. That on April 14, 1999,the City was informed by DNR staff that the bank stabilization on the Subject Property exceeded the work permitted by DNR and went beyond the ordinary high water mark. 8. That on April 14, 1999, the City informed the Applicant that the failure to obtain a permit from the City for work above the ordinary high water mark was a violation of City Code, that all work above the ordinary high water mark should cease except for temporary erosion control measures, and requested that the proper permits be applied for. 9. That on May 11, 1999, Mr. Terry Luke, hereinafter referred to as "Applicant", properly applied for an environmental permit to regrade the riverbank and stabilize the slope with rip rap on the Subject Property, which is located in the Mississippi Critical River Overlay District and also subject to the Wild and Scenic River Regulations. 10. That the Applicant's submittal consists of three (3) sheets which include Plot Plan & Riverbank Section (Sheet 1 of 3), Landscape Plan (Sheet 2 of 3), and Typical Sections At Riverbank for Lots 6 and 7 (Sheet 3 of 3). 11. That the Applicant appeared before the Ramsey Planning Commission for a public hearing pursuant to Section 9.03.04 of the City Code on June 1, 1999, and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as a part of these findings by reference. 12. That the Applicant's submittal includes an erosion control plan that includes hydro seed and mulch combination, and a silt fence on the slope to minimize run-off into the Mississippi River during construction. 13. That the smallest amount of ground will be exposed for as short a time as feasible. 14. That the proposed landscape alterations will not substantially adversely impair the use, enjoyment, or market value of any surrounding property. 15. That the landscape alterations will be a substantial improvement to property in the immediate vicinity and to the community as a whole. 16. That the proposed landscape alterations will not involve uses, activities, processes, materials, and equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. RESOLUTION #99-06-120 Page 2 of 3