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12/15/2008 MON 12:57 FAX 320 255 3999 MN DNR Sauk Rapids X002/002 Minnesota Department of Natural Resources DNR Waters 940 Industrial Drive S., Suite #103 Sauk Rapids, MN 56379 December 12, 2008 Rebecca Haug Environmental Administrator-City of Elk River 13 065 Orono Parkway Elk River, MN 55330 RE: McCoy's Pub Addition Proposal Dear Ms. Haug, I am whiting in regard to the proposed addition to McCoy's Pub in the "old downtown" portion of the -City of Elk River. The Recreational reach of the Mississippi River's protected Wild and Scenic corridor encompasses the site and immediate area. The "old downtown" has been allowed to have buildings closer.to the river based on having been there. In the case of McCoy's Pub, upon my field inspection on December 11, 2008 there is no recent indication that the Pub occupied the portion of land they propose to put their addition on. Furthermore, the proximity to the bluff would have no setback when it is supposed to be 25 feet. The portion of the bank, at the full extent requested, 36 feet out from the existing Pub shows signs of slumping and erosion as well. I would recommend that the proposed addition extend no more than 24 feet from the existing Pub toward the river. Mn. Rule 6105.0230 requires that a final decision on a variance, within the Wild and Scenic corridor, be given to the Corninissioner of the DNR within 10 days. Upon receipt the Commissioner has 30 days to certify with or without conditions or provide a notice of nonapproval. Sincerely, ~~ ... Roger Stradal Area- Hydrologist cc: Dale Homuth, Regional Hydrologist DNR Information: 651-296-6157 1-888-646-6367 TTY: 651-296-5484 1-800-657-3929 An Equal Opportunity Employer _... _ .............._. ®~ Printed on Recycled Paper Containing a Who Values Diversity ~®r Minimum of 10% Post-Consumer Waste