HomeMy WebLinkAboutAERP3072_103548_permit_ArrowheadMNDNR PERMITTING AND REPORTING SYSTEM
Permit Number
AERP3072
AERATION PERMIT - YEAR ROUND
EXPIRATION DATE: SEPTEMBER 30, 2023
On the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the
applicant and other supporting data, all of which are made part hereof by reference, PERMISSION IS HEREBY GRANTED
to the applicant to perform actions as authorized below.
Project Name:County:
Arrowhead Lake Aeration Hennepin
Resource (Lake ID):
Arrowhead (27004500)
Authorized Action:
Aerate water body to Prevent winterkill of fish and Improve water quality.
System Type(s):
- 1 Bubbler/Diffuser (0.5 hp). Permanent? Yes. System Address: Diffusers are evenly spaced in the east bay of the lake.
Compressors are located on south shore of east bay just west of 6604 Indian Hills Road in a noise reduction cabinet.
MN
Periods during which this system may be operated: Year Round only.
Allows for Continuous Operation.
City of Edina
7450 Metro Blvd
7450 Metro Blvd
Edina, MN 55439
(952) 826-0445
Primary Permittee
Jessica Vanderwerff Wilson
7450 Metro Blvd
Edina, MN 55439
jwilson@edinamn.gov
(952) 826-0455
Contact for City of Edina
Operator, Permit Contact
Number of open water areas: 1
- UTM zone 15N, 468972m east, 4970257m north; T116N-R21W-S6 SENW (Size: 0 ft. x 0 ft.)
Open Water Area Location(s):
Effective Date: 11/29/2022
tom.hovey@state.mn.usWater Regulations Unit Supervisor
Email Address:Title:
651-259-5654
Phone Number:
Tom Hovey
Authorized Issuer:
Expiration Date: 09/30/2023Issued Date: 11/29/2022
This permit is granted subject to the following CONDITIONS:
NO WORK AFFECTING BED OF PUBLIC WATERS: Operation or installation of an aeration system must not affect the
course, current, or cross-section of public waters. Excavation and fill of public waters is not allowed under this permit.
WARNING SIGNS: Each public access point and other areas commonly used by the public for access to the lake will
be posted with conspicuous signs stating that an aeration system is in use and the marked areas of the lake should be
avoided.
INSPECTIONS: Permittee must inspect system for compliance with permit conditions at least once every seven days.
MPARS revision 20221028, Permit ID 134732, Permit Issuance ID 103548, data dated 11/29/2022 at 10:54 PM
Conditions (continued):
PERMANENT INSTALLATION: Aeration equipment will be left in the lake as a permanent installation. This equipment
must not impede with navigation or present a public safety hazard
DNR NOTIFICATION: The permittee shall notify the DNR when the aeration system is started, by logging in to MPARS
or notifying the Aeration Program Coordinator.
INVASIVE SPECIES - EQUIPMENT DECONTAMINATION: All equipment intended for use at an aeration site must be
free of prohibited invasive species and aquatic plants prior to being transported into or within the state and placed into
state waters. All equipment used in designated infested waters, shall be inspected by the Permittee or their authorized
agent and adequately decontaminated prior to being transported from the worksite. The DNR is available to train
inspectors and/or assist in these inspections. For more information refer to the "Best Practices for Preventing the Spread
of Aquatic Invasive Species" at
http://files.dnr.state.mn.us/publications/ewr/invasives/ais/best_practices_for_prevention_ais.pdf. Contact your regional
Invasive Species Specialist for assistance at www.mndnr.gov/invasives/contacts.html. A list of designated infested
waters is available at www.mndnr.gov/invasives/ais/infested.html. A list of prohibited invasive species is available at
www.mndnr.gov/invasives/laws.html#prohibited.
OPERATION PERIOD: Aeration systems authorized under this permit will be operated only during the period specified
above. The permittee may request an extension of the operation permit by submitting a written request, stating the
reason thereof, to the Commissioner of Natural Resources.
APPLICABLE FEDERAL, STATE, OR LOCAL REGULATIONS: The permittee is not released from any rules,
regulations, requirements, or standards of any applicable federal, state, or local agencies; including, but not limited to,
the U.S. Army Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency, watershed
districts, water management organizations, county, city and township zoning.
NOT ASSIGNABLE: This permit is not assignable by the permittee except with the written consent of the Commissioner
of Natural Resources.
NO CHANGES: The permittee shall make no changes, without written permission or amendment previously obtained
from the Commissioner of Natural Resources, in aeration system type, location, or operation period authorized
hereunder.
SITE ACCESS: The permittee shall grant access to the site at all reasonable times during and after construction to
authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder.
TERMINATION: This permit may be terminated by the Commissioner of Natural Resources at any time deemed
necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for
violation of any of the conditions or applicable laws, unless otherwise provided in the permit.
HOLD HARMLESS: Permittee agrees to assume the entire responsibility and liability for all damages or injury to all
persons and to all property arising out of, resulting from, or in any manner connected with the design, construction,
installation, operation, maintenance, supervision, or inspection of the permitted aeration system. Permittee agrees to
indemnify, defend, and hold harmless the State of Minnesota, its agents and employees from all claims, damages, or
injury except those arising from the state’s own negligence to the extent authorized by Minnesota Statutes Section
3.736 of the Minnesota Tort Claims Act. This indemnity agreement includes, but is not limited to, claims that the
permittee was negligent or otherwise liable for allowing, designing, constructing, installing, operating, inspecting,
maintaining, supervising, or approving the permitted aeration system, or failing to do so.
THIN ICE SIGNS: The perimeter of the area of thin ice and open water will be marked with signs placed at a height of
four to six feet in a rectangular pattern at each corner of the open water. Additional signs will be posted between the
corner signs so that a sign is posted at least every 100 feet. The signs must be diamond shaped and at least 18 inches
in height and 14 inches wide with a two inch wide orange border with black lettering on a white background with the
warning "Thin Ice".
WRITTEN CONSENT: In all cases where the operation of an aeration system by the permittee involves the taking, using,
or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or
improvements thereon or interests therein, the permittee, before proceeding, shall obtain the written consent of all
persons, agencies, or authorities concerned, and shall acquire all property, rights, and interests needed for aeration
system operation.
Page 2 of 3, Permit Number AERP3072
Conditions (continued):
PUBLIC NOTICE: The permittee must give advance public notice of the commencement of operation of the aeration
system during periods of ice cover by publishing the location and date of commencement of operation of the system in a
newspaper of general circulation in the area where the system is to be operated, at least two times between five and 60
days prior to commencement of operation.
PERMISSIVE ONLY / NO LIABILITY: This permit is permissive only. No liability shall be imposed by the State of
Minnesota or any of its officers, agents or employees, officially or personally, on account of the granting hereof or on
account of any damage to any person or property resulting from any act or omission of the permittee or any of its
agents, employees, or contractors. This permit shall not be construed as estopping or limiting any legal claims or right of
action of any person other than the state against the permittee, its agents, employees, or contractors, for any damage or
injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state
against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or
applicable conditions.
AQUATIC VEGETATION: Aeration systems must not be used to uproot aquatic or riparian vegetation.
FINANCIAL RESPONSIBILITY: All permittees, except those operating an aeration system in public waters without
public access, where the permittee owns all land riparian to the public water, or all of the possessory rights to the land
riparian to the public water, or has leased all access rights to the public water, and state agencies subject to the State
Tort Claims Act or municipalities subject to the Minnesota State Tort Claims Act, must provide proof that the permittee
is financially able to meet any liability that should arise from the presence or operation of the system. This will be done
by Posting a bond for $500,000 or providing a certificate of insurance for the current period of operation. An insurance
policy of $500,000 combined single limit (minimum) coverage must be in effect until a certificate is issued, at which time
the certificate must be delivered to the Aeration permit coordinator. If the policy is cancelled before a scheduled
expiration date, the Commissioner must be notified at least ten days before such cancellation.
WAIVER FOR PUBLIC WATERS WITHOUT ACCESS: If the permitted public water does not have public access and
the permittee owns all of the riparian land or all of the possessory rights to the riparian lands then the permittee is not
required to post warning signs at access points, give advance public notice of the commencement of operation, or
provide proof of financial responsibility.
Rob Dodd, Permit Lead
Michelle Krecklau, FSH Region 3 - South - Support Staff
Mandy Anzaldi, FSH Region 3 - South - Support Staff
Rob Dodd, Aeration - APM Work Area Staff, Saint Paul APM
Daryl Ellison, DNR Fisheries, West Metro Area
Michael Lerchen, Conservation Officers, Bloomington
ec:
Page 3 of 3, Permit Number AERP3072