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<br />[204185/1] 8 <br />42. Minn. R. 6115.0630, subp. 13 (2023) defines a protective elevation as “the <br />water level of the basin necessary to maintain fish and wildlife habitat, existing uses of <br />the surface basin by the public and riparian owners, and other values which must be <br />preserved in the public interest.”42 <br />43. When setting a protective elevation for White Bear Lake, the DNR found <br />both that: (1) periodic fluctuations in lake elevation were important to the ecological health <br />of White Bear Lake; and (2) the recorded range of fluctuation of elevations within the lake <br />basin has not significantly reduced the acreage of the lake’s “littoral zone.”43 <br />44. A lake’s littoral zone is that area of the lake where water depths are equal <br />to, or less than, 15 feet deep and represents the near-shore area where aquatic plant <br />growth is typically most abundant. This area of a lake provides critical “shallow water” <br />habitat for many fish and wildlife species.44 <br />45. The “littoral zone acreage” of White Bear Lake when the lake level is <br />926.0 feet is 1,158 acres. There is only a modest change in the littoral zone acreage of <br />the lake even when the lake level drops by eight feet. At a level of 918.0 feet, the littoral <br />zone acreage of the lake is approximately 1,111 acres.45 <br />46. From this finding, the Department concluded that “the size of the littoral <br />zone, which is critical in supporting associated fish, wildlife, and plant resources, is not <br />significantly affected over the range of observed lake levels on White Bear Lake.”46 <br />47. DNR further concluded that “the existing recreational uses of White Bear <br />Lake by the public and riparian landowners provide the only justification for establishing <br />a protective elevation for White Bear Lake that is within the historic range of water level <br />elevation recorded for White Bear Lake.”47 <br />48. Lower levels on White Bear Lake have resulted in a series of adverse <br />impacts; including “dock extensions, beach closure, increased requests to control <br />Eurasian milfoil, and reduced access at public ramps and limitations on shore fishing.”48 <br />49. After assessing the various impacts, the DNR set a protective elevation for <br />White Bear Lake at 922.0 feet, mean sea level.49 <br />50. None of the parties to the contested cases challenged DNR’s determination <br />of the protective elevation.50 <br /> <br />42 Minn. R. 6115.0630, subp. 13 (emphasis added). <br />43 See DNR Ex. 3, Attachment A at 7-8. <br />44 Id. at 18. <br />45 DNR Ex. 302, at 10. <br />46 DNR Ex. 3, Attachment A at 20. <br />47 DNR Ex. 302, at 17. <br />48 DNR Ex. 4 at 3. <br />49 Findings of Fact and Order: White Bear Lake Protective Elevation White Bear Lake, Ramsey and <br />Washington Counties (December 21, 2016); DNR Ex. 4 at 3; Associations (RAHA) Ex. 35; Tr. Vol. 10 at <br />294 (Doneen). <br />50 Tr. Vol. 10 at 12 (Moeckel).