1385 Braun Ct - Conservation Easement letter
City of Ea~an
August 4, 2009
Mike Maguire
Carolee D. Jones
Mayor 1385 Braun Court
Eagan, MN 55123
Paul Bakken
Cyndee Fields RE: Conservation Easement, Harvey's Heritage Addition and Shoreline Dock
Gary Hansen Dear Carolee,
Meg Tilley
Council Members Thank you for inviting me to your home last week to review your shoreline area and dock. I enjoyed visiting
with you about native landscapes, lake water quality, and local community. I share your perspectives that
City staff and residents need to work together to achieve positive results in these areas.
Thomas Hedges
City Administrator This visit essentially was a follow up to a series of written City correspondences to you (from December 7,
2007 to December 4, 2008) about the conservation easement area and the dock located at the shoreline.
The City again recognizes your previous removal of stored items, including the paddleboat, from the
conservation easement area. The bridge to the dock and a small amount of wood debris next to the bridge
still remain within the easement area. I accept your word that you will remove these remaining items this
summer/early fall to put your property in proper compliance with the conservation easement agreement.
Municipal Center With this letter, I am revising the City's perspective that your dock is seasonal and subject to City Code
3830 Pilot Knob Road § 10.24, which requires seasonal docks be removed by October 30 of each year. Upon my recent inspection,
Eagan, MN 55122-1810 I have determined your dock is of a permanent not seasonal nature because it is attached to poles secured to
651.675.5000 phone the lake bed. It is therefore not subject to City Code § 10.24. On behalf of the City, I apologize for any
confusion or distress previous correspondences to the contrary may have caused you.
651.675.5012 fax
651.454.8535 TDD Because the dock is located on the shoreline of Fish Lake (Public Water #19-0057P) however, it is subject
to MN Department of Natural Resources (DNR) rules. For your convenience, I have attached DNR
publication "Docks and Access in Public Waters," which tells you about these rules. If you have questions
about DNR jurisdiction with your dock, contact Area Hydrologist Janell Miersch at (651) 259-5776.
Maintenance Facility
3501 Coachman Point The City continues to appreciate your conservation ethic toward Fish Lake and welcomes your willingness
Eagan, MN 55122 to help improve Fish Lake water quality.
651.675.5300 phone Since ly,
651.675.5360 fax
651.454.8535 TDD
Eric Macbeth
Water Resources Coordinator
www.cityofeagan.com
Attachment
Cc: Robert B. Bauer, City Attorney Tom Colbert, Public Works Director
Russ MaWrA,City Engineer Mary Granley, Senior Code Enforcement Technician
Janell Miersch, DNR Area Hydrologist
The Lone Oak Tree
The symbol of
strength and growth
in our community.
'r
What you should know about docks and
DNR other water access structures
Waters
Docks and watercraft
lifts are commonly
° used access structures
on Minnesota lakes
Do I need a permit for my dock?* and rivers. If you own
waterfront property,
No permit is needed to install, construct, or a temporary structure -
reconstruct your dock on shoreline property that provides access to
you own if you comply with the following: a lake or river is pre-
• A dock is a narrow platform or structure ferred to a permanent
extending toward the water from the
shoreline. A dock may provide access to structure. Permanent
moored watercraft or deeper water for structures are more _
swimming, fishing, and other recreation. likely to sustain ice
• The structure, other than a watercraft lift damage, and a snow-covered structure over the ice poses a hazard to recreational
or watercraft canopy, is not more than 8 vehicle users.
feet wide and is not combined with other
similar structures so as to create a larger The blue box to the left lists installation guidelines for docks and access struc-
structure. tures like boat lifts. These guidelines are intended to minimize impacts on water
• The dock is no longer than needed to resources and shoreline habitat. If you follow these guidelines, no permit is
achieve its intended use, including reach-
ing navigable water depth. needed from the Department of Natural Resources (DNR). Local units of gov-
• The structure is not a hazard to naviga- ernment may have additional dock rules related to public safety and other local
tion, health, or safety issues and should be contacted.
• The structure will allow the free flow of
water beneath it. A shoreline owner may request a permit to install a dock wider than 8 feet.
• The structure is not used or intended as a The permit applicant must show a specific need and show that the wider dock
marina. represents the minimal impact solution to that need. Docks serving single-fam-
• The structure is consistent with the
guidelines of the local unit of govern- ily homes or residential planned unit developments generally will not need a
ment. dock wider than 8 feet. Public docks and mooring structures that are otherwise
• Docks placed on rock-filled cribs are not serving as a marina may need to be a wider structure and will be reviewed
located only on waters where the bed is individually. Docks that have no permit and that exceed the 8-foot-wide limit are
predominantly bedrock. subject to enforcement action, including a citation, an order to remove the dock,
and fines for both the landowner and the dock installer.
Restrictions on docks and
other structures Design and locate your dock and boat lift to avoid interfering with your neigh-
You may not place a dock or other structure bor's use of the water. Docks and boat lifts should be placed so that mooring and
in public waters if the structure: maneuvering of watercraft can normally be confined within the property lines if
• obstructs navigation or creates a hazard; they were extended into the water.
• is detrimental to fish or wildlife habitat or
is placed in a posted fish spawning area; General Permit 2008-0401
• is intended to be used for human habita-
tion;
• includes walls, a roof, or sewage facili- A general permit was issued in 2008 to allow a modest platform at the lake end
ties; or of a dock under certain conditions. This general permit allows a single, tempo-
is located on property you do not own or rary platform up to 120 square feet measured separately from the access dock, or
have rights to use. 170 square feet including the area of the adjacent access dock, if the following
conditions exist: the access dock must be 5 feet or less in width and the dock
If you have questions concerning the contents niust be on a lake with a shoreland classification of General Development or
of this brochure, contact your DNR Area Hy- Recreational Development. See typical dock configurations on the next page.
drologist. See contact information on reverse
side. Refer to General Permit 2008-0401 at www.mndnrgov/waters for more details.
side.
This general permit will expire after revision of the rules on Structures in Public
*Based on Minnesota Rules, Chapter 6115.0210 and Waters (Minnesota Rules. 6115.0210-6115.0211), which is expected in 2010.
6115.0211.
Docks and Access in Public Waters, February 2009 Page 1 of 2
4
Authorized by General Permit 2008-0401 No Permit Required
E 12' 4' 4' 4'
4'
8'
5.
~ nx
10' 10'
4 4 4 5 i
*_6'
8'
5' . 5' No area of the dock is wider than 8 feet.
Platform area (not including walkway) up to Platform area (including walk-
120 square feet. way) up to 170 square feet.
Purpose of the dock rules
Intensive shoreland development causes deterioration of a lake's ecosys-
tem. Dock installations and their associated uses are factors in this deterio-
ration. Studies of lakes in the Midwest show that docks and boat lifts may
shade out important aquatic plants and eliminate critical habitat where fish
spawn, feed, grow, and find shelter from predators. Shoreline views may
also suffer when large dock systems are installed. Also, there is a growing
concern about the private use of the water surface if docks and associated
structures extend too far, cover too much surface area or span the entire
owned frontage. The proliferation of dock configurations and dimensions r
is a concern to the DNR, lake associations, anglers, lakehome owners, and
others. Finding the appropriate balance between reasonable access and p _ {
resource protection requires collaboration by all interests.
Another issue of concern is any attempt to control access to a lake bed or
water surface. Even when land ownership extends into the lake bed, all The removal or destruction of aquatic plants is a
who own land abutting the water or gain legal access have the right to regulated activity under the DNR Aquatic Plant Man-
use the entire surface of the water. For this reason, a dock configuration agement Program. If your shoreline plans include
should never close off part of the lake to other users. removal of aquatic vegetation, please contact a
regional DNR Fisheries office because a permit may
If the dock is designed and used for access to navigable water depth, a be required.
DNR permit will rarely be needed. A dock does not need a permit if it is
no more than 8 feet wide, is designed to simply meet the need of reaching navigable depths, and follows the other guidelines
on the front of this brochure.
DNR Contact Information DNR Information Center
Minnesota DNR Waters website lists Area Hydrologists: Twin Cities: (651) 296-6157
www.mndnr.gov/waters Minnesota toll free: 1-888-646-6367
DNR Waters in St. Paul: 500 Lafayette Road, Telecommunication device for the deaf (TDD): (651) 296-5484
Box 32, St. Paul, MN 55155-4032, (651) TDD toll free: 1-800-657-3929
259-5700
gap This information is available in an alternative format on request.
RATMA RESO cs DNR Ecological Resources website provides Equal opportunity to participate in and benefit from programs of the Minnesota Depart-
information about aquatic plant management ment of Natural Resources is available regardless of race, color, national origin, sex,
permits: www.mndnr.gov/eco sexual orientation, marital status, status with regard to public assistance, age, or dis-
DNR Ecological Resources in St. Paul: 500 Lafayette Road, ability. Discrimination inquiries should be sent to Minnesota DNR, 500 Lafayette Road,
Box 25, St. Paul, MN 55155, (651) 259-5100 St. Paul, MN 55155-4049; or the Equal Opportunity Office, Department of the Interior,
Washington, DC 20240.
Docks and Access in Public Waters, February 2009 Page 2 of 2