8.1. SR 02-03-2020City of
Qk*'
River
Request for Action
To
Item Number
Mayor and City Council
8.1
Agenda Section
Meeting Date
Prepared by
General Business
February 3, 2020
Amanda Erickson, Environmental Coordinator
Item Description
Reviewed by
Lake Orono drawdown requirement for the Lake
Brandon Wisner, Stormwater Coordinator
Reviewed by
Orono Restoration and Enhancement (LORE)
project.
Cal Portner, City Administrator
Action Requested
Approve, by motion, the resolution of support to pursue drawdown approval for Lake Orono from the
Minnesota DNR Commissioner for direct lake drawdown approval or the option for an opt -out direct
mail petition to each adjacent property owner on Lake Orono.
Background/Discussion
The LORE project continues to move forward as staff works with WSB & Associates to design plans and
engage the Technical Advisory Panel (TAP) members for feedback. TAP members include members from
the city, DNR, U.S. Army Corps of Engineers, Sherburne Soil and Water Conservation District and two
lakeshore property owners. The TAP met in December to review preliminary 50% plans. Comments were
submitted in mid January for review and are incorporated into the plans that will be shared the city council.
Many of the comments pertain to the dredging location and the incorporated habitat improvements. Staff and
the consultant continue to balance the desires of lakeshore property owners with project budgetary limitsadn
realistic plans permitted by the DNR. The plans will be further updated and again shared with the TAP for
review in the coming weeks. With many stakeholders involved, consensus is requested of the council for the
overall goal of the project.
Next steps include: A public open house (March), lake drawdown approval, submission of applications for
regulatory permits (February), 100% plans/drafting of construction documents and specifications for the
public bid process with an anticipated start date of an August 2020 lake drawdown.
Per Minnesota State Statue 103G.408 -Temporary Drazvdozvn of Public fFateis, either direct approval from the
DNR Commissioner or the support of 75% of riparian landowners by petition is required. A letter was sent in
August of 2019 to Commissioner Strommen requesting approval necessary for the drawdown. No response
has been received. Our local DNR contact stated the 75% support is standard practice, even for their projects.
OLID and LOIA would like to again pursue direct commissioner approval or request the option for an opt -
out mailing directly to lakeshore property owners, rather than gaining signatures for support. City staff would
be responsible for again contacting the DNR Commissioner in request for direct approval or requesting this
additional opt -out option.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e
service, and community engagement that encourages and inspires prosperity INAMIRE1
Financial Impact
2020 Budgeted Item
Attachments
■ OLID and LOIA Letter dated January 28, 2020
■ Resolution 19-XX Request for Lake Orono Drawdown Approval
N:APublic Bodies\Agenda Packets\02-03-2020\x8.1 sr LORE Project Update and Drawdown.docx
January 28, 2020
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Dear Mayor Dietz and City Council Members,
One of the major tasks associated with the Lake Orono Restoration and Enhancement (LORE)
project is conducting a drawdown of the lake. This approach has been determined to be the
most cost-effective method to access and remove the large amount of sediment required to
address current severe navigation and safety issues.
At the same time, due to winter freezing, it is the most cost-effective method of eliminating the
abundance on Curly -leaf Pondweed in the western part of Upper Lake Orono. Further,
although a majority of the current sediment sources are upstream, a drawdown provides an
opportunity for property owners to work in collaboration with the LORE project team and make
improvements to their shoreline to target erosion.
Since 2009, MN Stat. 103G.408 Temporary Drawdown of Public Waters (attached as Exhibit A)
requires a permit from the MN DNR for a drawdown to be conducted. There are two methods
of permit approval — it can be directly issued by the commissioner or the public entity must
obtain permission from at least 75% of riparian landowners.
In our experience we know that a signature collection process is very time and labor intensive.
In 2009 and 2010 Lake Orono Improvement Association volunteers gathered the signatures
needed to request a drawdown to control Curly -leaf Pondweed; this took 18 months. In 2018
and 2019 association volunteers gathered the 50%+1 signatures required to request the
creation of the Orono Lake Improvement District in a shorter time; this still took 8 months.
Since LORE is 46% funded by the state, we feel that the MN DNR should reduce the cost and
burden to the City of Elk River in obtaining the permit either by the commissioner granting
approval or at least allowing an alternate method to be used to meet the 75% approval. In
2018 the MN DNR conducted a public hearing regarding a drawdown associated with its own
state -funded project for Little Rock Lake in Benton County. The goals of the project, which are
similar to some of LORE's, were to improve water quality by removing excess nutrients, stabilize
shoreline erosion and improve habitat for fish and wildlife.
Instead of conducting a signature gathering campaign, the MN DNR used an "opt out" method.
We understand that a postcard was mailed to each Little Rock Lake riparian property owner
notifying them of the proposed drawdown and outlining a method for them to "vote no" if they
did not agree with the drawdown occurring. If 25% of those impacted disagreed, the
requirement would not be met. That did not happen and the project advanced.
Page 1
Besides reducing the time and cost in meeting the permit requirement, we believe it is
significant to mention the fact that the LORE project was one of two primary discussion topics
at six well -attended Lake Orono riparian property owner meetings. Those included four lake
association information sessions, a City of Elk River public hearing and the Orono Lake
Improvement District annual meeting. Not one concern about conducting the drawdown was
expressed during any of those very detailed discussions.
Further, our goal in the future is to reduce drawdown needs by proactively working with our Elk
River watershed partners to reduce sediment reoccurrence from upstream sources, annually
managing weed or nuisance plant concerns and consider the possibility of using hydraulic
sediment removal in more frequent mini -projects.
Finally, please ask the MN DNR commissioner to either directly approve a drawdown permit or
allow the use of an opt out permit method for riparian property owner approval. If it would be
helpful in making this request of the MN DNR, we believe that if asked both local legislators and
other officials would lend their support.
Respectfully,
Christy Cox President, Lake Orono Improvement Association
Patrick Plant Chair, Orono Lake Improvement District Board of Directors
Attachments
MN STAT. 103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS (Exhibit A)
Page 2
Exhibit A: 103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS
MINNESOTA STATUTES 2019 103G.408
103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS.
(a) The commissioner, upon consideration of recommendations and objections as provided in clause
(2), item (iii), and paragraph (c), may issue a public -waters -work permit for the temporary drawdown of a
public water when:
(1) the public water is a shallow lake to be managed for fish, wildlife, or ecological purposes by the
commissioner and the commissioner has conducted a public hearing presenting a comprehensive management
plan outlining how and when temporary drawdowns under this section will be conducted; or
(2) the permit applicant is a public entity and:
(i) the commissioner deems the project to be beneficial and makes findings of fact that the drawdown
is in the public interest;
and
(ii) the permit applicant has obtained permission from at least 75 percent of the riparian landowners;
(iii) the permit applicant has conducted a public hearing according to paragraph (d).
(b) In addition to the requirements in section 103G.301, subdivision 6, the permit applicant shall serve
a copy of the application on each county, municipality, and watershed management organization, if one
exists, within which any portion of the public water is located and on the lake improvement district, if one
exists.
(c) A county, municipality, watershed district, watershed management organization, or lake improvement
district required to be served under paragraph (b) or section 103G.301, subdivision 6, may file a written
recommendation for the issuance of a permit or an objection to the issuance of a permit with the commissioner
within 30 days after receiving a copy of the application.
(d) The hearing notice for a public hearing under paragraph (a), clause (2), item (iii), must:
(1) include the date, place, and time for the hearing;
(2) include the waters affected and a description of the proposed proj ect;
(3) be mailed or electronically transmitted to the director, the county auditor, the clerk or mayor of a
municipality, the lake improvement district if one exists, the watershed district or water management
organization, the soil and water conservation district, and all riparian owners of record affected by the
application; and
(4) be published in a newspaper of general circulation in the affected area.
(e) Periodic temporary drawdowns conducted under paragraph (a) are not considered takings from
riparian landowners.
(f) This section does not apply to public waters that have been designated for wildlife management under
section 97A.101.
History: 2009 c 48 s 1; 2012 c 277 art 1 s 80; 1Sp2019 c 4 art 3 s 93
Page 3
City of
Elk
River
City of Elk River
City Council
Resolution 20-
A Resolution of the City Council of the City of Elk River Support a Request
to the Department of Natural Resources Commissioner regarding the
drawdown of Lake Orono
WHEREAS, the City of Elk River Minnesota (the "City') is home to Lake Orono, a
shallow 300-acre lake that captures runoff from a large watershed. Sediment has accumulated
over time, diminishing aquatic health. In 1998, the lake was drawn down and sediment was
removed by dredging; and
WHEREAS, the City has collaborated with the Lake Orono Improvement Association
(the "LOIA") for over five years to improve the overall health of Lake Orono and develop
the recently approved Lake Orono Management Plan; and
WHEREAS, the City began design plans for the Lake Orono Restoration and
Enhancement (the LORE) project with the goal of removing accumulated sediment and
improving overall aquatic health and wildlife habitat, utilizing state funding and other local
funding sources; and
WHEREAS, on March 5, 2019, Governor Tim Walz signed bill (HF 80) which included
$1.5 million in grant funding to assist with the LORE project. Additionally, $1 million of
funding was secured through a local option sales tax which was approved via referendum in
November of 2018 and subsequently by the State Legislature. Securing these funding sources
shows strong state support; and
WHEREAS, the City was petitioned for the creation of the Lake Orono Improvement
District (the "OLID") on April 10, 2019, and Established by Order on July 21, 2019; and
WHEREAS, the City desires to drawdown the water level of Lake Orono for the purpose
of removing accumulated sediment by means of the LORE project. Drawdowns require
approval from the Minnesota Department of Natural Resources (the "DNR") pursuant with
Minnesota State Statue 103G.408 either via direct Commissioner approval or by obtaining
permission from at least 75% of riparian landowners; and
WHEREAS, it is the understanding of the OLID and LOIA that an opt -out option has
been utilized by the DNR in the past. Collecting signatures for support is often labor and
time intensive; and
WHEREAS, the LORE project has received funding directly from the state and illustrated
wide support from local officials for the overall goal of the project. The LORE project will
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improve water quality, stabilize shoreline erosion, improve fish and wildlife habitat and
improve navigation in the lake; and
WHEREAS, Numerous public meetings and open house events have been held to inform
residents about the LORE project and benefits to the community. There have been no
formal concerns regarding the drawdown of the lake for this project; and
WHEREAS, the OLID and LOIA have submitted a letter of support to City Council
seeking direct approval from the DNR Commissioner for the drawdown or for an opt out
direct mail option.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows: the City seeks approval from the DNR Commissioner for
approval for a drawdown of Lake Orono or the option for an opt out method of approval,
as utilized by the DNR in other projects.
Passed and adopted this day of 2020.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
i
LAKE ORONO IMPROVEMENTS
GOVERNING SPECIFICATIONS
LEGEND
PROPERTY LINES/RIGHT-OF-WAY
EXISTING CONTOUR LINE -MAJOR
--910--
EXISTINGCONTOURLINE-MINOR
— — —913- — —
PROPOSEDCONTOURLINE - MAJOR
910
PROPOSED CONTOUR LINE - MINOR
913
POTENTIAL ACCESS LOCATIONS
-
EXCAVATION NOTICE SYSTEM
A CALL TO GOPHER STATE ONE (651-454-0002)
IS REQUIRED A MINIMUM OF 48 HOURS PRIOR
TO PERFORMING ANY EXCAVATION.
PROJECT LOCATION
COUNTY: SHERBURNE
CITY OF ELK RIVER
PROJECT LOCATION MAP
UTILITY INFORMATION
THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THE
GUIDELINES OF Cl/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA."
GOPHER ONE CALL TICKET NUMBER: XXXXXXXXXX
UTILITY COORDINATION MEETING HELD ON: XXXXXXXXXXXX
mLk
0 500 1000
SCALE IN FEET
PLAN REVISIONS
DATE SHEET NO. APPROVED BY
THE 2018 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION
"STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN.
ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE LATEST EDITION OF
THE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, INCLUDING
THE LATEST FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE
LAYOUTS.
PLAN SET INDEX
Sheet List Table
Sheet Number
Sheet Title
1
TITLE SHEET
2
GENERAL LAYOUT
3
CONSTRUCTION DETAILS
4
CONSTRUCTION DETAILS
5
EXISTING CONDITIONS-1
6
EXISTING CONDITIONS-2
7
EXISTING CONDITIONS-3
8
PROPOSED SITE PLAN-1
9
PROPOSED SITE PLAN-2
10
PROPOSED SITE PLAN-3
11
EROSION CONTROL PLAN-1X
12
EROSION CONTROL PLAN-2
13
EROSION CONTROL PLAN-3
14
STORM WATER POLLUTION PREVENTION PLAN
15
STORM WATER POLLUTION PREVENTION PLAN
16
STORM WATER POLLUTION PREVENTION PLAN
17
STORM WATER POLLUTION PREVENTION PLAN
THIS PLAN SET CONTAINS 17 SHEETS
THIS PLAN SET HAS BEEN PREPARED FOR:
CITY OF ELK RIVER
13065 ORONO PARKWAY
ELK RIVER, MN 55330
(763) 635-1000
ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCES
WILL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT.
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I HEREBY CERTIFY THAT THIS PLAN WAS P D Y ME OR UNDER
MY DIRECT SUPERVISION, AND THAT I AM ENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE S� INNESOTA.
AMYAN P.E.
DATE: XX/XX/2019 <tO LICENSE NUMBER: 50820
SHEET
WSB PROJ. NO. 015125-000 1
OF
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LAKE ORONO
LOCATION
LEGEND
PROPERTY LINES/RIGHT-OF-WAY
EXISTING CONTOUR LINE - MAJOR
EXISTING CONTOUR LINE - MINOR
PROPOSED CONTOUR LINE - MAJOR
PROPOSED CONTOUR LINE - MINOR
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WIRE MESH REINFORCEMENT (as needed)
OVERFLOW 2 — TOP OF
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2. SILT FENCES CONSTRUCTED WITHOUT SUPPORT FENCES, POST SHALL BE
SPACED AT 4' OR LESS, AND DRIVEN AT LEAST 3' INTO THE GROUND.
1 1/2" TO 2" WASHED
ROCK
WIMCO MODEL# CG 3067
HIGH FLOW FABRIC
OR EQUAL
NOTE:
ROCK ENTRANCE NEEDS TO BE INPLACE (MIN 10' IN
LENGTH) WITH ENOUGH MATERIAL ON HAND AT SITE TO
COMPLETE TO GARAGE AFTER BACKFILL IN ORDER TO
PASS INITIAL INSPECTION.
REV: 7/2007
REV: 7/2007
REV: 3/2006
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BANK TOE HABITAT RESTORATION
STANDARD DETAIL PLATE-WSB402-BTH
REVISED 4 IW1 ]
WTTO SCA EXISTING STREAMBANK
(TYPICAL)
I _ _
NORMAL WATER LEVEL
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NOTES
1.THIS STANDARDIZED DESIGN MUST BE ADAPTED TO THE SITE AS CONDITIONS DICTATE.
2. IRREGULARLY PLACE ROCK AT TOE OF BANK TO CREATE SMALL GAPS AND OVERHANGS FOR FISH AND INVERTEBRATE HABITAT
3. 5:1 SLOPES ARE TYPICALIOPTIMAL FOR BANK SHAPING, BUT SHALL BEA MAXIMUM OF 2:1 SLOPES
4. TOP OF TOE ROCK SHALL BE 0.75' - T ABOVE NORMAL WATER LEVEL
5.PRESERVE EXISTING STREAMBANK VEGETATION WHENEVER POSSIBLE.
6. DURING GRADING, SEPARATE ORGANIC RICH TOPSOIL FOR SEED BED PREPARATION
7. SEEDING AND STABILIZATION TO OCCUR WITHIN 24HRS OF COMPLETION DURING APPLICABLE FISH SPAWNING PERIODS
8. MATERIAL FOR ROCK WIERS, J-HOOKS, DEFLECTORS AND BANK TOE HABITAT SHALL CONFORM TO THE FOLLOWING SIZE, SHAPE AND GRADATION:
1
ROCK A -AXIS B-AXIS C-AXIS
WSB
MIN. SIZE
30"
24"
T211.'.MAX.512E46"
TOE ROCK RESTORATION DETAIL
SCALE: NOT TO SCALE
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TOE WOOD CONSTRUCTION NOTES
1. FOOTER LOGS AND CROSS LOGS SHALL BE HARDWOOD SPECIES AND FREE FROM DECAY OR ROT.
2, FOOTER LOGS AND CROSS LOGS SHALL BE A MINIMUM OF 10 INCHES IN DIAMETER.
3. CROSS LOGS SHALL HAVE ROOT BALLS INTACT AND HAVE A MINIMUM DIAMETER OF 3 FEET. ALL CROSS LOGS SHALL HAVE A SHARPENED END AND BE
DRIVEN INTO THE BANK. IF CROSS LOG IS LONGER THAN 15 FEET, IT SHALL BE ANGLED INTO FLOW. IF CROSS LOG IS 10-15 FEET, IT SHALL BE
PERPENDICULAR TO FLOW.
4. CLASS I RIPRAP SHALL BE USED AS BEDDING AND BACKFILL OVER TOP OF THE CROSS LOG. BEDDING SHALL EXTEND A MINIMUM OF 4 FEET SHOREWARD
FROM THE BACK OF THE FOOTER LOGS AND BACKFILL SHALL EXTEND A MINIMUM OF 7 FEET SHOREWARD FROM THE ROOT BALL. BEDDING AND BACKFILL
SHALL BE A MINIMUM OF 1 FOOT THICK.
5. BRUSH MATTRESS MATERIAL SHALL CONSIST OF SMALL LOGS, LIMBS, AND TREE TOPS LESS THAN 6 INCHES IN DIAMETER. BRUSH MATTRESS MATERIAL
SHALL BE WORKED INTO THE ROOT BALL.
6. BACKFILL MATERIAL SHALL CONSIST OF COMPACTED SOIL GENERATED FROM ON -SITE EXCAVATION WITH A MINIMUM THICKNESS OF 2 FEET.
7. THE EXPOSED FRONT FACE OF THE BACKFILL MATERIAL SHALL BE RESTRAINED AND PROTECTED BY WRAPPING AND STAKING WITH
GEOCOIR/DEKOWE 700 OR APPROVED EQUAL. BLANKET SHALL BE STAKED WITH 24" DEAD STOUT STAKES.
8. THE TOP LAYER OF THE TOE WOOD STRUCTURE SHALL BE SOD MAT GENERATED FROM ON -SITE EXCAVATION AREAS AND STOCKPILED UNTIL INSTALLED.
SOD MAT SHALL BE A MINIMUM OF 6 INCHES THICK.
NOTES:
A MINIUM OF TWO CROSS LOGS PER FOOTER LOG IS
REQUIRED TO ANCHOR FOOTER LOG.
1 Plan View�
ROOT WAD DETAIL
SCALE: NOT TO SCALE
;ROBS LOG
FOOTERLOGS
10 FT. MIN. LENGTH
INSTALL LIVE STAKES
PER DETAIL #6
SOD MAT
EL. 876
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BANKFILL BENCH
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1. Rock gradation shall meet MNDOT requirement for GRAD. N0. A/5 riprap,
quality designation "A", or as designated by engineer.
2. Use largest individual stones from available material as shown for the
emergent boulders and crest stone.
3. Riffle slope shall be 20:1 or flatter where fish passage is required.
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LEGEND
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EXISTING CONTOUR LINE - MINOR - — —ets- — -
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LEGEND
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EXISTING CONTOUR LINE - MINOR
PROPOSED CONTOUR LINE - MAJOR
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LAKE ORONO
LOCATION
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EXISTING CONTOUR LINE - MAJOR
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N
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LAKE ORONO
LEGEND
PROPERTY LINES/RIGHT-OF-WAY BOULDERS (SEE DETAIL) N
EXISTING CONTOUR LINE - MAJOR — —910 FISH STICKS (SEE DETAIL) -
EXISTING CONTOUR LINE - MINOR — — 913- — ROOT WAD (SEE DETAIL) �\
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EXISTING CONTOUR LINE - MINOR
— — —913- — —
PROPOSED CONTOUR LINE - MAJOR
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PROPOSED CONTOUR LINE - MINOR
913
BOULDERS (SEE DETAIL)
FISH STICKS (SEE DETAIL)
ROOT WAD (SEE DETAIL)
CANOE/KAYAK LAUNCH
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CANOE KAYAK LAUNCH
TURF (SEE DETAIL)
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12
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LAKE ORONO
LOCATION
LEGEND
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BOULDERS (SEE DETAIL)
EXISTING CONTOUR LINE - MAJOR — —9to— —
FISH STICKS (SEE DETAIL)
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14
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17
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City of
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River
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WSB PROJECT NO.:
015125-000
SCALE: DESIGN BY:
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PLAN BY: CHECK BY:
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15
OF
17
Ji
City of
Elk
River
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WSB PROJECT NO.:
015125-000
SCALE: DESIGN BY:
AS SHOWN LC
PLAN BY: CHECK BY:
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SHEET
16
OF
17
Ji
City of
Elk
River
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WSB PROJECT NO.:
015125-000
SCALE: DESIGN BY:
AS SHOWN LC
PLAN BY: CHECK BY:
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17
OF
17