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» • <br />STATE OF <br />^DEPARTMENT OF NATURAL RESOURCES <br />PHONCNO. 296-4800 riLE NO <br />jMi e 5 <br />January 16, 1992 <br />CERTIFIED MAIL <br />Mr. Gayle Wittig <br />Gayles Marina Corporation <br />3366 North Shore Drive <br />Hayzata, MN 55391 <br />Dear Mr. Wittig: <br />ORDER OF THE COMMISSIONER, LAKE MINNETONKA, HENNEPIN COUNTY <br />Enclosed herewith are Findings of Fact and an Order relative to our <br />investigations into you>- unauthorized excavation, filling and <br />placement of structures below the Ordinary High Water Level of Lake <br />Minnetonka, a public water of the state of Minnesota. The Order <br />requires you to: fill the cnannel area excavated in April 1990, <br />stabilize the bank along County Road 135 with natural stone riprap <br />and remove the unauthorized channel markers. A time deadline of <br />June 30, 1992 has been incorporated to allow sufficient time for <br />restoration. <br />P\irsuant to Minnesota Statutes, Section 103G.251, Subdivision 2, <br />item C, the person to whom the Order is issued may demand a hearing <br />on the Order provided the demand for hearing be filed with the <br />Commissioner within 30 days of service hereof. However, if no <br />demand for hearing is made by the person to whom the Order is <br />issued or if that person demands a hearing but fails to file the <br />required bond, the Commissioner's Order becomes final at the <br />expiration of 30 days after the person is served with the Order and <br />no appeal of the Order may be taken to the Minnesota State Court of <br />Appeals. No bond or security is required of a public authority <br />which demands a hearing. <br />Minnesota Statutes, Section 103G.311, Subdivisions 6 and 7 require <br />that if you file a demand for a public hearing you must execute and <br />file a corporate surety bond or equivalent security to the State of <br />Minnesota. The amount to be filed is $500.00 as set by the <br />Commissione. The bond or security shall be conditioned for the <br />payment of certain costs and expenses of the public hearing if the <br />Order is affirmed without material modification; however, your <br />liability is limited to $750.00. Bond forms will be supplied at <br />your request. <br />^ ■AN tQUAL OPPORTUNITY EMPLOYER