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' AGENDA ITEM 4 C <br /> 5367 PUBLIC WATER RESOURCES 6115.0190 <br /> #$ A. to achieve vegetation control; <br /> B. to create upland areas, except where expressly provided herein; <br /> }` C. to stabilize beds of protected waters which cannot support fill materi- <br /> als because of excessive depths of muck, steep bank, bed slope, or other condi- <br /> tions; <br /> D. to stabilize or impound the site of active springs; <br /> E. to dispose of rock, sand, gravel, or any other solid material resulting <br /> from activities carried out above the ordinary high water mark; <br /> F.to construct a roadway or pathway,or create or improve land accesses <br /> from peripheral shorelands to islands, or to facilitate land transportation across <br /> the waters; however, where a project is proposed by a federal, state, or local <br /> government agency and this provision would prevent or restrict the project, or <br /> create a major conflict with other public purposes or interests, the commissioner <br /> may waive this provision provided: <br /> (1) there is no other feasible and practical alternative to the project_ <br /> that would have less environmental impact; and <br /> (2) that the public need for the project rules out the no-build <br /> alternative; <br /> G. filling of posted fish spawning areas is prohibited. <br /> Subp. 4. No permit required. No permit shall be required for the following <br /> activities unless prohibited under subpart 3: <br /> A. To install a beach sand blanket provided the sand or gravel layer does <br /> not exceed six inches in thickness, 50 feet in width along the shoreline, or one-half <br /> the width of the lot, whichever is less, and does not extend more than ten feet <br /> waterward of the ordinary high water mark,provided local watershed district and <br /> local zoning officials are given at least seven days notice by the landowner. <br /> B. For one additional installation of a sand or gravel layer subsequent <br /> to an initial installation at the same location and not exceeding the same amounts <br /> and dimensions allowed under item A. <br /> C. To install riprap shore protection, except along the shores of Lake <br /> Superior and officially designated trout streams, provided the riprap materials <br /> consist of natural rock having an average size of 12 inches or larger in its smallest <br /> dimension, and conform with the natural alignment of the shoreline, with a <br /> minimum finished slope not steeper than 3:1 horizontal:vertical, no materials are <br /> placed more than five feet waterward of the ordinary high water mark, and the <br /> material does not obstruct the flow of water. <br /> D. To place fill in a protected watercourse having a total drainage area, <br /> at its mouth, of five square miles or less, provided that the watercourse is not an <br /> officially designated trout stream and -the placement of fill shall not result in: <br /> (1) any diversions of water from the drainage area; ` <br /> (2) any impoundment of waters by damming the watercourse; <br /> (3) any actions which would result in erosion and cause sedimenta- <br /> tion of downstream waters as determined by the county or local soil and water r <br /> conservation district. <br /> Subp. 5. Permits required. Permits shall be required for the placement of fill <br /> in protected waters, except as provided under subparts 3 and 4, and shall meet <br /> all of the following requirements: <br /> A. -the project will involve a minimum of encroachment, change, or <br /> damage to the environment, including but not limited to fish and wildlife habitat, <br /> navigation, water supply, and storm water retention; <br /> B. the fill consists of clean inorganic material that is free of pollutants <br /> and nutrients; <br />