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Michele McPherson <br /> From: Rhonda Lewis [Rhonda.Lewis@co.sherburne.mn.us] <br /> "lent: Tuesday, April 17, 2001 4:07 PM <br /> o: Mmcpherson@ci.elk-river.mn.us <br /> ubject: Holzem Property Plat <br /> Michele, <br /> The following is the response from the County Attorney's Office regarding the layout I have seen from Pioneer Engineering <br /> for the plat on the Holzem Property. When we negotiated with Mr. Holzem it was written in the agreement that the intakes <br /> provided were for farmland runoff only and that when the land developed the development must take care of their runoff <br /> separately. I can send a copy of the Holzem agreement to the city if you would like. This is just FYI so that we can work <br /> together when they actually submit their Preliminary Plat. <br /> Thank you, <br /> Rhonda <br /> The issue that you presented to me is whether a developer may enlarge the drainage pond that we have an easement for <br /> and drain additional waters down from the Holzem property into the slough. The answer is no. The drainage site <br /> easement was obtained based upon the waters being drained from the natural slough on the north side of County Road 12 <br /> and to handle the waters from the upgrade of county road 12. They were designed and engineered for a specific standard. <br /> The developer now wishes to add additional waters to the flow to the slough to the south. The scope of the easements <br /> procured do NOT encompass this additional water. If there is a problem , the landowners down gradient can go after the <br /> County for inverse condemnation (by dropping added waters on their lands. Please note that Becker Township was sued <br /> for this and paid thru the nose for this error.) Further, I have not researched how the permits that we had obtained to do <br /> the water holding area would be effected. I chose not to do this as the answer with the common law seemed so obvious. <br /> Therefore, to reiterate: the developer may NOT simply add onto our site nor drain added waters through our existing <br /> easement. The developer must procure his/her own holding ponds, their own permits and their own easement to <br /> accommodate the surface water drainage. KAH <br /> Rhonda F. Lewis, P.E. <br /> Assistant County Engineer <br /> 412 herburne County Public Works <br /> 5 Jackson Avenue <br /> Ik River, MN 55330 <br /> (612) 241-7030 <br /> (612) 441-2264 FAX <br /> Rhonda.Lewis@co.sherburne.mn.us <br /> • <br /> 1 <br />