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p.--' <br />r, <br />4. <br />6. <br />7. <br />Lydiards Park, Section 8, Township 117 North, Range 23 West, <br />Hennepin County. <br />DNR Permit 87-6100, which authorized excavation to a maximum <br />depth of 924.0' in an area 520 feet along the shoreline and <br />230 feet waterward of the OHW, was issued to Gayle Wittig on <br />June 3, 1987. <br />5. On February 6, 1989, the expiration date of DNR Permit 87-6100 <br />was extended to November 30, 1989. <br />On June 15, 1989, DNR Permit 87-6100 was amended to include <br />the provision that no excavation occur during the fish <br />spawning period, April l to June 30. <br />Gayle Wittig's attorney, Steven D. Cook, sent a letter dated <br />July 13, 1989 requesting that the maximum depth for excavation <br />authorized in DNR Permi^ 87-6100 be amended to 921.6'. On <br />August 31, 1989 the DNR denied the request to amend the <br />maximum depth for excavation authorized in DNR peimit 87-6100 <br />to 921.6', and amended the maximum depth for excavation to <br />923.6'. <br />8. Gayl wittig, through his own acts or those of his agents, did <br />excavate and fil' in the bed of Lake Minnetonka, on or about <br />April 15, 1990. <br />9. Representatives of the DNR and Minnehaha Creek Watershed <br />District conducted an onsite inspection on April 25, 1990 and <br />determined that excavation had occur' d outside the area <br />permitted for excavation, below the maximum permitted depth of <br />923.6' and that filling had occurred below the OHW along the