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'i,V <br />922.0'(NGVD, 1929), and as deep as 921.0'(NGVD, 1929). A <br />total area of approximately 10,'^00 square feet was excavated <br />outside of the area authorized by DMR permit 87-6100 <br />20. The excavation, filling and structure placement by Mr. Wittig <br />or his agents violates Minnesota Statutes chapter 103G and <br />Minnesota Rules Parts 6115.0190, 6115.0191, 6115.0200, <br />6115.0201 and 6115.0210. In particular, Mr. Wittig's <br />activities affected the cross-section of a public water <br />vithout a valid permit in violation of Minnesota Statutes <br />Chapter 103G.245. <br />21. The filling along the shoreline converts public water to <br />upland in violation of Minnesota Rules, Part 6115.0190, <br />subpart 3, item B. <br />22. The excavation was performed in mid-April 1990, in violation <br />of the special provision (added to amended DNR permit 87-6100 <br />on June 15, 1989) which prohibits excavation during the fish <br />spawning period, April 1 to June 30. <br />23. On February 6, 1989, the expiration date of DlfR permit 87-6100 <br />was extended to November 30, 1989. On August 31, 1989, when <br />DNP. permit 87-6100 was last amended, the expiration date was <br />not extended. The April 1990 excavation occurred after the <br />November 30, 1989 expiration date of DNR permit 87-6100 and. <br />therefore, was in violation of the conditions of the permit. <br />24. Minnesota Rules, Part 6115.0190, subp. 5, item B requires the <br />disposal of the excavated materials at sites above the