8.1. SR 02-03-2020 - Laserfiche WebLink

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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