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HomeMy WebLinkAbout2026-1257_143995_permitPermit Number 2026-1257MNDNR PERMITTING AND REPORTING SYSTEM Public Waters Work Permit Expiration Date: 12/31/2028 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: Westphal Retaining Wall Scott Lower Minnesota River Lake: Lower Prior (70002600) Authorized Action:Purpose of Permit: Retaining Wall Replace existing retaining wall with a 2.5 ft by 66 ft long boulder retaining wall. All work shall be done in accordance with the plans and supporting materials on file. NATE RADDATZ 3901 230TH ST E PRIOR LAKE, MN 55372 (612) 440-9136 tommiejohnnielandscape@gmail.com MARILYN WESTPHAL 14450 WATERSEDGE TRI NE PRIOR LAKE, MN 55372 (651) 307-0268 mw.mvsc@gmail.com Permittee:Authorized Agent: Property Description (land owned or leased or where work will be conducted): UTM zone 15N, 469327m east, 4954274m north, Meandered water body of Section 30, T115N, R21W 05/29/2026 05/29/2026 12/31/2028Issued 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, tribal, 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, tribal governments, 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. 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 CONDITIONS continued on next page...(MPARS revision 20180129, Permit Issuance ID 143995, printed 05/29/2026) CONDITIONS (Continued from previous page ) 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 https://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 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. CONDITIONS continued on next page...Page 2 - Permit Number 2026-1257 CONDITIONS (Continued from previous page ) SMOOTH TRANSITION / MINIMUM ENCROACHMENT: At each end of the stabilized shoreline, the finished slope of the riprap shall be varied in a fashion to produce a smooth transition with the natural shoreline. Also, riprap encroachment into the water is to be limited to the minimum amount necessary and shall not create an obstruction to normal flows. WILDLIFE FRIENDLY EROSION CONTROL: Wildlife friendly erosion control must be used. See attached guidance document. John Gleason, EWR District Manager Alyssa Core, BWSR Wetland Specialists, Scott Jill Stilwell, City, Prior Lake Corps of Engineers, Corps of Engineers, Scott Marty Schmitz, County, Scott Daryl Ellison, DNR Fisheries, West Metro Area Melissa Collins, DNR Regional Environmental Assessment Ecologist, Region 3 Catherine Plank, DNR Regional Environmental Assessment Ecologist, Region 3 Tim Pharis, DNR Wildlife, South Metro Troy Kuphal, SWCD, Scott SWCD Willie Peters, SWCD, Scott SWCD Joni Giese, Watershed District, PRIOR LAKE-SPRING LAKE WD James Fogarty, Conservation Officers, Prior Lake cc: Page 3 - Permit Number 2026-1257