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RESOLUTION NO. 2005-55 <br />CITY OF HUGO <br />WASHINGTON COUNTY, MINNESOTA <br />RESOLUTION OF THE CITY OF HUGO <br />REGARDING PERMIT REQUEST BY RICE CREEK WATERSHED;DISTRICT <br />FOR PROPOSED RICE CREED WATERSHED DISTRICT <br />RICE LAKE OUTLET PROJECT <br />WHEREAS, the Rice Creek Watershed District has requested permits to install a <br />sheet pile weir to serve as an outlet to Rice Lake because the design for this project will establish <br />future lake elevations and discharge rates and the prior minor maintenance project did not include <br />work that was anticipated to directly affect lake levels. No prior permit approval was acquired or <br />granted; and <br />WHEREAS, RCWD has been notified that a permit is required for this activity, <br />including permits pursuant to Ordinance Section 1175.120.1(5), which provides that no excavation <br />or fill shall be performed in any public drainage way nor in such a manner so as to obstruct or divert <br />public drainage ways without permit by the City Council and the appropriate watershed <br />organization. Ordinance Section 1175-120.1(6) provides that no excavation or fill shall be <br />performed in any public right of way without approval of the City engineer or maintenance <br />supervisor. Ordinance Section 1175-120.1(7), which provides that no excavation or fill is permitted <br />in the City's flood plain district except in accordance with Section 1155-030.1 of the Ordinance <br />whereas Ordinance Section 1175-050.1(3), states that a permit is required for the placement of <br />retaining walls along the shoreline or embankment of public waters and pursuant to Ordinance <br />Section 1175-070.1(4c), prior to the construction of any activity that may affect the size, shape or <br />character of the wetland and construction, improvement or repair of public or private drainage <br />systems, first requires a permit issued by the City engineer, <br />WHEREAS, the RCWD submitted a permit application to the City; and <br />WHEREAS, the proposed construction of the above -referenced weir will result in <br />the obstruction of a public drainage ditch and impoundment of water upon private and public lands; <br />and <br />WHEREAS, the RCWD is required to obtain all necessary permissions, easements <br />and right of access for permission to enter overall land needed to provide for the installation and <br />maintenance of the proposed sheet pile structure and the impoundment of water in and around that <br />structure; and <br />WHEREAS, no such permissions, easements or rights of access have been <br />furnished in connection with the permit application or thereafter; and <br />Page ! of 2 <br />