| THE DIKE |
| A great deal of controversy has
arisen about "the dike," a levee which was constructed by the McGowan family
to protect the landfill/amphitheater site. Any diking in the Minnesota
River floodplain must meet certain standards set by the government -- above
all, a levee must not be so high that it prevents flood-stage waters from
flowing into the floodplain, thus causing or aggravating flood damage to
upstream communities such as Savage, Shakopee, and Jordan.
The U.S. Army Corps of Engineers and the DNR
have determined that the dike built by the McGowan family exceeds the maximum
permissible height, thereby promoting upstream flooding. Further,
it appears that past dike construction was undertaken without the required
permits. It has been alleged that the City of Burnsville failed to
enforce its floodplain ordinance in this matter.
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On this basis, a number of federal
and state agencies have become involved in resolving the dike problem (Corps
of Engineers, Environmental Protection Agency, Federal Emergency Management
Agency, Minnesota Department of Natural Resources, and the Minnesota Pollution
Control Agency). The state DNR has informed Burnsville that it must
bring the diking into immediate compliance by requiring the landfill owner
to lower it before the 2001 flood season. Surprisingly, the City
of Burnsville has resisted, leading the DNR and FEMA to threaten legal
action.
Here, we present you with the actual memos
and correspondence between the DNR, Burnsville, and other agencies concerning
this matter.
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