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R t May 31, 1993 City of Orono P.O. Box 66 Crystal Bay, MN 55323 Attention: Mr. Bruce Vang Re : Letter Agreement for Excavation of Fill Materials from Alleged Wetland Areas of Property Owned by Todd H. Gause and Donna M. Gause, Husband and Wife, as Joint Tenants, at 480 North Stubbs Bay Road, City of Orono, County of Hennepin, Legally � Described as: The South four hundred feet measured alon.g the west line thereof of that part of the Southwest % of the Northeast % of Section 32, Township 128 North, Range 23 West, of the Fifth Meridian, lying North of the South ten acres of said Southwest % of the � Northeast % and Southwesterly of the Right of Way of the First Division of the St. Pau1 & Pacific Railroad Company. Dear Mr. Vang: Introduction and Aareement On May 13 , 1993 , you notified Todd H. Gause that a portion of our property, described above, had been designated as Wetland in 1974 . You also notified Todd H. Gause that the City of Orono has concluded that a portion of the Wetland area of our property was filled in, after 1974 , without prior permission from the City of Orono or any other governmental authority. The City of Orono contends that the area in question has been filled in violation of Minnesota and Federal laws . We were not aware that a portion of our property had been declared Wetland and assumed that our property use was not in violation of any Wetland laws or regulations . We deny that we have violated any Wetland laws or regulations and we deny that we are liable in any way for our past and present use of our property. Under the circumstances, however, in the spirit of cooperation and to resolve the situation completely, the City and we have agreed to a plan of action. The City and we agree that this plan will protect the Wetland area on