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Schwartz Page 2 than 470 cubic yards of material within the Zone. Therefore, a permit from the City is needed and the improvements must meet all of the requirements of this ordinance. 2. Subdivision 12, Earth Moving and Land Reclamation of Section 3 General Provisions of the Zoning Ordinance, states that a permit is required for earth removal or filling when it exceeds one hundred (100) cubic yards per acre. The application for permit shall contain, among other things, a map of the proposed excavation or fill area showing the existing and proposed elevations. The plan shall also include all wetlands, drainage ways, tree inventory and preservation plan, erosion control measures, final restoration improvements, and other features as required by the City. The Documents are missing a tree preservation plan and final restoration improvements, and show earth removal of more than 470 cubic yards on this 4.22 acre lot which is 111 cubic yards per acre. Therefore, a permit from the City is needed for the earth removal, and the application for the permit is incomplete because it lacks a tree preservation plan and final restoration improvements. 3. Subdivision 3 of Section 1102.08, Nonconformities of the City of Lino Lakes' Shoreland Management Overlay Ordinance, states that a sewage treatment system ( "System ") which does not meet the requirements of Section 1102.11 of this ordinance must be upgraded or reconstructed any time a permit or variance of any type is required for any improvement. Section 1102.11 states that all Systems must meet the requirements in Minnesota Pollution Control Agency Rules ( "MPCA ") Chapter 7080 and that all Systems must be set back from the Ordinary High Water Level in accordance with the setbacks contained in Section 1102.07 of this ordinance (100 feet for this situation). MPCA Chapter 7080 gives the requirements for Systems and states, among other things, that any System that allows sewage to flow onto the ground surface shall be considered nonconforming. The Documents show the location of the existing System within the Zone. Document #1 shows that the existing topography very close to the existing System will be lowered by 6 feet for the temporary gravel access road, which will result in a steep slope between the System and the road. It is my professional opinion that this lowering is likely to cause effluent (sewage) from the System which is at a higher elevation to flow onto the lower ground surface in the slope area. This situation will then not meet the requirements of MPCA' S Chapter 7080 and thus will not meet the requirements of the city ordinance. If the System fails in this way, a new System will have to be constructed in another location which, according to the ordinance, will have to be outside the Zone. There may not be sufficient land available to meet the requirements of Chapter 7080 and the ordinance if the proposed additions are constructed. 4. Subdivision 2, Non - Conforming Uses and Structures of Section 3, General Provisions of the Zoning Ordinance, states that any structure or use lawfully existing upon the effective date of this Ordinance may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified. No structural alterations shall be made, except in compliance with items (7) and (9) below. Paragraph 7 states that normal maintenance of a building or other structure containing or related to a non - conforming T:\Projects \Schwartz \letter to Schwartz 11- 10- 08a.doc E;ngi nd I,nirinntal Solution