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Home My WebLink About09(A) - Resolution Approving Permanent Dock Placement at Waters Edge Marina ReportGeneral Location Map Waters Edge Marina (PIDs: 251910040 & 251530030) 1 Casey McCabe From:reneeschmid@comcast.net Sent:Tuesday, October 25, 2022 10:12 AM To:Casey McCabe Subject:Request Mr. Casey McCabe Community Development Director City of Prior Lake Dear Mr. McCabe, The low water levels in Prior Lake have continued to be an issue in 2022. Water levels continued to drop throughout the summer. Navigation in Boudin’s Bay and the exit channel to lower Prior Lake has been exceedingly difficult with numerous boaters becoming stuck and/or damaging their boats or motors. We walked the bay several times to move rocks and added numerous navigation buoys to keep all boaters in Boudin’s Bay safe. Waters Edge Marina was granted a temporary dock extension by the City of Prior Lake in the spring of 2022. The DNR’s preference was to extend docks before pursuing dredging options. Even with the dock extension, over half of our boat slips were no longer navigable by late August. Any v-hull boats were being pulled out as early as July. Waters Edge Marina has worked with the DNR to secure a permit for dredging in Boudin’s Bay around our marina docks and through the channel in the middle of the bay. The cost to dredge is very significant and will benefit not only our marina but all users and residents of Boudin’s Bay. The dredging plan is based on the current location of the dock. The extended dock location is supported by the DNR to reduce the amount of dredging required. The economics of this investment are challenging without a guarantee that we will be able to keep the dock extension. We have already invested in the dock extension in 2022 and our dock is a floating system that is not easily moved. Dredging will require us to move the dock at additional costs. These costs are not sustainable without support from the City of Prior Lake. Waters Edge Marina is requesting the City of Prior Lake to consider the following:  Grant Waters Edge Marina a permanent dock extension as previously approved  Grant Waters Edge an additional six slips to help offset part of the dredging costs. These would only be added as water levels rise and are able to support the additional slips.  At a minimum, grant Waters Edge Marina an additional one- year temporary dock extension for 2023. Without a permanent extension, dredging will not be feasible. Please let us know if you have any questions. Thank you for your consideration of this request. Sincerely, Renee and Dan Schmid Schmid Family LLC dba Waters Edge Marina SECURITY NOTICE: This email originated from an external sender. Exercise caution before clicking on any links or attachments and consider whether you know the sender. For more information please contact Helpdesk@PriorLakeMN.gov. Approximate Dock Configuration (showing temporary 48-foot extension) Waters Edge Marina Permit Number 2022-2853MNDNR PERMITTING AND REPORTING SYSTEM Public Waters Work Permit Expiration Date: 12/31/2022 Pursuant to Minnesota Statutes, Chapter 103G, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and other supporting data, all of which are made part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform actions as authorized below. Resource:Watershed:County:Project Name: Waters Edge Marina Scott Lower Minnesota River Lake: Lower Prior (70002600) Authorized Action:Purpose of Permit: Waterward Navigation Channel Excavation Conduct maintenance dredging along 940 ft of the historic channel location, with a width of 30 ft and 5:1 slopes and around the mooring facility slips. Excavation will be no lower than the elevation 896 ft. Dredged material will be dewatered in parking lot of the mooring facility and final disposal at Prior Lake Aggregates. All work shall be done in accordance with the plans and supporting materials on file. AUSTEN ADRIAENS 27301 VERDIN ST NW ISANTI, MN 55040 (763) 444-6103 austen@nswaterways.com JETHRO CARPENTER 27301 VERDIN ST NW ISANTI , MN 55040 (612) 685-7337 jethro@mtcarpenter.com DAN SCHMID 527 VISTA RIDGE LANE SHAKOPEE, MN 55379 (612) 201-5783 reneeschmid@comcast.net Permittee:Authorized Agents (2): Property Description (land owned or leased or where work will be conducted): UTM zone 15N, 469427m east, 4954146m north (centroid), Meandered water body of Section 30, T115N, R21W 10/14/2022 10/14/2022 12/31/2022Issued Date:Effective Date:Expiration Date: Area HydrologistTaylor Huinker 651-259-5790taylor.huinker@state.mn.us Authorized Issuer:Title:Email Address:Phone Number: This permit is granted subject to the following CONDITIONS: APPLICABLE FEDERAL, STATE, OR LOCAL REGULATIONS: The permittee is not released from any rules, regulations, requirements, or standards of any applicable federal, state, or local agencies; including, but not limited to, the U.S. Army Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency, watershed districts, water management organizations, county, city and township zoning. NOT ASSIGNABLE: This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources. CONDITIONS continued on next page...(MPARS revision 20180129, Permit Issuance ID 103663, printed 10/14/2022) CONDITIONS (Continued from previous page ) NO CHANGES: The permittee shall make no changes, without written permission or amendment previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder. SITE ACCESS: The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. TERMINATION: This permit may be terminated by the Commissioner of Natural Resources at any time deemed necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for violation of any of the conditions or applicable laws, unless otherwise provided in the permit. COMPLETION DATE: Construction work authorized under this permit shall be completed on or before the date specified above. The permittee may request an extension of the time to complete the project by submitting a written request, stating the reason thereof, to the Commissioner of Natural Resources. WRITTEN CONSENT: In all cases where the permittee by performing the work authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights, and interests needed for the work. PERMISSIVE ONLY / NO LIABILITY: This permit is permissive only. No liability shall be imposed by the State of Minnesota or any of its officers, agents or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable conditions. EXTENSION OF PUBLIC WATERS: Any extension of the surface of public waters from work authorized by this permit shall become public waters and left open and unobstructed for use by the public. WETLAND CONSERVATION ACT: Where the work authorized by this permit involves the draining or filling of wetlands not subject to DNR regulations, the permittee shall not initiate any work under this permit until the permittee has obtained official approval from the responsible local government unit as required by the Minnesota Wetland Conservation Act. CONTRACTOR RESPONSIBILITY: The permittee shall ensure the contractor has received and thoroughly understands all conditions of this permit. Contractors must obtain a signed statement from the property owner stating that permits required for work have been obtained or that a permit is not required, and mail a copy of the statement to the regional DNR Enforcement office where the proposed work is located. The Landowner Statement and Contractor Responsibility Form can be found at: https://bwsr.state.mn.us/sites/default/files/2019-01/Wetland_WCA_Contractor_Responsibility_Form.doc INVASIVE SPECIES - EQUIPMENT DECONTAMINATION: All equipment intended for use at a project site must be free of prohibited invasive species and aquatic plants prior to being transported into or within the state and placed into state waters. All equipment used in designated infested waters, shall be inspected by the Permittee or their authorized agent and adequately decontaminated prior to being transported from the worksite. The DNR is available to train inspectors and/or assist in these inspections. For more information refer to the "Best Practices for Preventing the Spread of Aquatic Invasive Species" at http://files.dnr.state.mn.us/publications/ewr/invasives/ais/best_practices_for_prevention_ais.pdf. Contact your regional Invasive Species Specialist for assistance at www.mndnr.gov/invasives/contacts.html. A list of designated infested waters is available at www.mndnr.gov/invasives/ais/infested.html. A list of prohibited invasive species is available at www.mndnr.gov/invasives/laws.html#prohibited. EROSION AND SEDIMENT CONTROL: In all cases, methods that have been determined to be the most effective and practical means of preventing or reducing sediment from leaving the worksite shall be installed in areas that slope to the water and on worksite areas that have the potential for direct discharge due to pumping or draining of areas from within the worksite (e.g., coffer dams, temporary ponds, stormwater inlets). These methods, such as mulches, erosion control blankets, temporary coverings, silt fence, silt curtains or barriers, vegetation preservation, redundant methods, isolation of flow, or other engineering practices, shall be installed concurrently or within 24 hours after the start of the project, and will be maintained for the duration of the project in order to prevent sediment from leaving the worksite. DNR requirements may be waived in writing by the authorized DNR staff based on site conditions, expected weather conditions, or project CONDITIONS continued on next page...Page 2 - Permit Number 2022-2853 CONDITIONS (Continued from previous page ) completion timelines. FISHERY PROTECTION - EXCLUSION DATES: No activity affecting the bed of the protected water may be conducted between April 1 and June 30, to minimize impacts on fish spawning and migration. If work during this time is essential, it shall be done only upon written approval of the Area Fisheries Manager. See contact list at: http://files.dnr.state.mn.us/fisheries/management/dnr_fisheries_managers.pdf. Should work begin elsewhere in the project area within these dates, all exposed soils that are within 200 feet of Public Waters and drain to those waters must complete erosion control measures within 24 hours of its disturbance to prevent sediment from entering Public Waters. MAINTENANCE: Maintenance of this project to originally authorized conditions may be authorized by amendment to this permit. WILDLIFE FRIENDLY EROSION CONTROL MATERIALS: Due to entanglement issues with small animals, use of erosion control blanket shall be limited to ‘bio-netting’ or ‘natural-netting’ types, and specifically not products containing plastic mesh netting or other plastic components. Also be aware that hydro-mulch products may contain small synthetic (plastic) fibers to aid in its matrix strength. These loose fibers could re-suspend and make their way into Public Waters. As such, mulch products containing plastic fiber additives should not be used in areas that drain to Public Waters. See this website for additional resources: https://www.dot.state.mn.us/environment/erosion/rolled-erosion-prevention-products.html NOTIFICATION OF PROJECT START & COMPLETION: Notification shall be given to the area hydrologist 3 days prior to commencing the project and upon completion of the project. John Gleason, EWR District Manager James Fogarty, Conservation Officers, Prior Lake Alyssa Core, BWSR Wetland Specialists, Scott Bridgette Timm, DNR Regional Nongame Specialists, Region 3 - South Melissa Collins, DNR Regional Environmental Assessment Ecologist, Region 3 Bob Fashingbauer, DNR Wildlife, Vermillion River Complex Daryl Ellison, DNR Fisheries, West Metro Area Marty Schmitz, County, Scott Joni Giese, Watershed District, PRIOR LAKE-SPRING LAKE WD Corps of Engineers, Corps of Engineers, Scott Willie Peters, SWCD, Scott SWCD Troy Kuphal, SWCD, Scott SWCD Pete Young, City, Prior Lake cc: Page 3 - Permit Number 2022-2853 896901900898897897901900898898899900901902898899900898898899900898897899896895895896897895894896897898897899897898898897899900901902904900899901902NorthStar Waterways, llc. owns all copyrights to this Plan. Unauthorized use or duplication of the plan is a violation of Federal Laws and may result in punitive damages. The one-time-right to build this Plan does not extend to others or beyond the original purchaser of this Plan. NorthStar Waterways, llc. is not liable for the following: exactness, measurements, zoning covenants, and assembly integrity.NSWATERWAYS.COMN9/8/2022Date:Revision #:Austen Adriaens527 Vista Ridge lnLandscape Plan:Northstar WaterwaysLandscape Design by:1:1250 Scale:89889990030'Bottom5:1 slope sides5:1 slope sidesChannel profile670'Dredge896897.5898898.5897.5897.2896.5896896.8897.5898898899895904900896897.5898898.5897.5897.2896.5896.8897.5898898899896897.5898898.5897.5897.2896.5896.8897.5898898898899.8903.5895904900896897.5898898.5897.5896896.5897.5898898.5897.5897.2Current Water lvl 899.8OHW 903.5Dredge to 896To ScaleNot to ScaleDredge30 ft wide channel 5:1 slope Excavate to 896'30'Bottom5:1 slope sides5:1 slope sidesChannel profile310'Remove WatermarkWondersharePDFelement Waters Edge Marina Dock Extension Request Prior Lake City Council November 7, 2022 PriorLakeMN.gov Background Waters Edge Marina received an amended DNR permit in March 2011 •Retain a 100’ wide permanent floating dock at the end of a 343’ long by 44’ wide dock •50 watercraft slips CC authorized a temporary 48’ extension in May for the 2022 boating season 2 PriorLakeMN.gov Request Request from Waters Edge Marina: •Permanent approval of a 48’ dock extension, or •Extend temporary authorization for 48’ dock extension for 2023 boating season 3 PriorLakeMN.gov Proposed Dredging •Marina owners received a DNR permit for maintenance dredging within Boudins Bay •Proposed dredging area near the current dock system and an area in the bay •No dredging proposed in the channel to Lower Prior Lake due to existing underground utilities •Dredging plan based on the current 48’extended dock location to minimize dredging costs •Eliminates need to dredge closer to shore •Dredging unlikely without permanent dock extension due to additional cost 4 PriorLakeMN.gov DNR Comments •DNR Hydrologist supported minimizing dredging by extending the dock if not a navigational hazard •Unique property ownership in Boudins Bay •Parcel of land covers most of the lakebed in the bay •Assumed neighboring dock extensions need to be floating or installed in the lakebed with the approval of the marina owners 5 PriorLakeMN.gov Alternatives 1.Permanently approve the 48’ dock extension •Motion and second approving the attached resolution granting approval of a 48’ dock system extension for Waters Edge Marina 2.Extend temporary authorization for the 2023 boating season •Motion and second authorizing Waters Edge Marina to maintain their previously approved 48’ temporary dock extension into Boudins Bay for the 2023 boating season 3.Deny both requests •Motion and second to deny Waters Edge Marinas request to permanently approve the 48’ dock extension and deny their request to extend the temporary authorization for a 48’ dock extension for the 2023 boating season 6 Questions?