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<br />Minnesota Department of Natural Resources • Division of Ecological and Water Resources <br />1035 South Benton Dr. Sauk Rapids, MN 56379 <br /> Minnesota Department of Natural Resources <br /> Ecological and Water Resources Division <br />1035 S Benton Dr. <br />Sauk Rapids, MN 56379 <br />May 10, 2018, 2018 <br /> <br />Amanda Bednar <br />City of Elk River <br />13065 Orono Parkway NW <br />Elk River, MN 55330 <br /> <br />RE: JESSICA ALLEN VARIANCE CASE # V18-04 REGARDING INSTALLATION OF IN-GROUND SWIMMING POOL AT <br />17815 Concord Ct. NW, Elk River, MN 55330 <br /> <br />Dear Ms. Bednar, <br /> <br />The DNR has reviewed the variance request for the installation of an in-ground swimming pool. We find that you <br />are administrating your ordinance correctly to achieve the purposes of the state wild and scenic river rules; <br />which are to preserve and protect the distinguished scenic, recreational, natural, historical, and scientific values <br />of the Mississippi River and their adjacent lands. <br />We find the City’s ordinance is consistent with State rules which require structures to be set back specific <br />distances. These setbacks are to limit impacts to public waters, these impacts can be in the form of erosion and <br />sediment entering public waters due to construction activities and ongoing concentrated human activity. <br />Setbacks also allow for vegetation to establish which provide habitat, stormwater infiltration and screening of <br />views from the wild and scenic river. The Mississippi River was designated a wild and scenic river to protect the <br />unique qualities mentioned above. <br />We find that an in-ground pool is a structure based on these reasonable measures: <br />• It requires design engineering to withstand side wall forces <br />• It requires excavation and the construction of footings, walls and the installation of electrical and <br />plumbing systems in the ground, similarly to the construction of a basement. <br />• It is an impervious surface. It does not infiltrate water but creates runoff. <br /> <br />Regulating in-ground pools as structures subject to the setback standards in your wild and scenic rivers <br />ordinance is correctly administered your ordinance in conformance with state rules. <br />Sincerely, <br /> <br />James Bedell <br />Area Hydrologist <br />|1035 S Benton Dr.| Sauk Rapids, MN 53379 | (320) 223-7850 | james.bedell@state.mn.us |