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h <br />i ; <br />I'- <br />25. <br />ordinary high water elevation, unless it is determined there <br />would be a public benefit from redeposition into the protected <br />water, and must be properly stabilized. Mr. Wittig deposited <br />the spoil material on the lakebed below the OHW in violation <br />of special provision #18 of the DNR permit. <br />Minnesota Rules, Part 6115.0190, subp. 5, item C requires that <br />the project represent the '’minimal impact" solution, and <br />Minnesota Rules, Part 6115.0190, subp. 5, item D requires that <br />the excavation must be limited to the minimum dim'-nsions <br />necessary for achieving the desired purpose. By excavating in <br />an unauthorized area, Mr. wittig exceeded the dimensions that <br />had been determined as the minimal impact solution during the <br />permit application review. In particular, by excavating <br />deeper than 923.6'(NGVD, 1929) Mr. Wittig directly violated <br />the maximum depth authorized by amended DNR permit #37-6100. <br />In addition, Mr. Wittig was specifically advised that he could <br />dredge to 923.6'(NGVD, 1929), but not to 921.6'(NGVD, 1929) in <br />the DNR's August 31, 1989 permit amendment letter. <br />26. Minnesota Rules, Part 6115.0190, subp. 5, item F requires that <br />the biological character of the waters and surrounding <br />shorelines be affected to the minimum degree feasible and <br />practical. By excavating in an unauthorized area, Mr. Wittig <br />affected the biological character of an area in excess of the <br />minimum feasible and practical. Potential habitat for fish <br />spawning and food sources for a spectrum of aquatic wildlife <br />were destroyed.