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state op <br />A <br />MNNISOU <br />^ DEPARTMENT OF NATURAL RESOURCES <br />METRO RlGIOK WATERS - 1200 WARNER ROAD, ST. PAUL. HN 55106 <br />PNONINO. 296-7523 pile NO <br />CERTIFIED <br />V <br />April 18, 1990 <br />Mr. James Bowers <br />2905 Casco Point Road <br />Orono. HN 55323 <br />Dear Mr. Bowers: <br />i990 <br />RE: UNAUTHORIZED FILL, V90-6209, LAKE MINNETONKA (27-133) SPRING <br />PARK BAY, CITY OF ORONO, HENNEPIN COUNTY <br />On March 26, 1990 Department of Natural Resources personnel <br />conducted an investigation on your property relative to certain fill <br />activities you have undertaken. This investigation revealed that <br />some of the work took place below the ordinary high water level <br />(OHW) for Lake Minnetonka of 929.4' (NGVO, 1929) and that you had no <br />valid DNR permit which authorized any such alteration. The action, <br />therefore, constitutes a misdemeanor according to Minnesota <br />Statutes, Chapter 105.42 and is punishable by fines up to $700 <br />and/or 90 days in Jail. <br />Placing sand on the lakebottora can have several damag^'q Impacts to <br />the sensitive ecology of the area, such as: <br />- Covering aquatic vegetation or invertebrate life which <br />damages food chain, nesting sites, etc.. <br />- Smothering plants and root systems that stabilize lakebed and <br />shoral line f-om erosion at higher water levels. <br />- Disturbing the ecological diversity and aquatic habitat for <br />fish and wildlife. <br />- In mucky areas, sand will sink or erode and not result in <br />improved recreation areas. <br />- Causes temporary sediment disturbance and turbidity affecting <br />local water quality. <br />- May result in filamentous algae blooms In the area as a <br />result of eliminating rooted aquatic plants. <br />In order to be in compliance with State rules, you have the <br />following alternatives for action; <br />1) Voluntarily remove the fill placed below the Lake <br />Minnetonka OHW of 929.4 (NGVO, 1929) and restore the <br />lakebed to its original cross-section. A written schedule <br />for the restoration must be approved by the DNR. <br />AN EQUAL OPPONTUNITY EMPLOYEN