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<br />STATE OF MINNESOTA CXIffor
<br />W v. leo
<br />Rev. DEPARTMENT OF NATURAL RESOURCES' /ZE $Q L •
<br />t1/�0 DIVISION OF WATERS, SOILS AND MINERALS .A. No.78-632
<br />Centennial Office Building, St. Paul, Minnesota, 55101
<br />IN THE MATTER OF THE APPLICATION OF WEST SHORE LAFAYETTE BAY ASSOCIATION
<br />for a PERMIT TO CHANGE THE.COURSE, CURRENT, OR CROSS SECTION of Laf aye'tte Bays Lake Minnetonka
<br />Hennepin County.
<br />PERMIT
<br />• Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the permit application.
<br />Ietiers, maps, and plans submitted by the applicant, and other supporting data, all of which are made a part hereof by reference, PERMISSION
<br />IS HEREBY GRANTED to Earl Rwppi . M ai rmatl whose address for theur
<br />p pose of notices and otter
<br />communications pertaining to this permit is -2440 Old Beach Road which address is subject to change by written
<br />notice from the permittee. Wayzata, M. 55391
<br />To remove silt and earthen materials from Lafayette Bay, Lake Minnetonka to elevation
<br />924.5 SLD in the improvement of 26001 of existing channel all as described on
<br />application- and plans submitted` Shoreline channels shall extend not more. than
<br />501 waterward from the NOHWL and approach channels 5001 and 2001 respectively,
<br />shall not be more than 501• in width.
<br />PROPERTY -DESCRIBED as: part of SWks See. 16 and part of NW'k , Sec. 219 T.117N, R.23W
<br />for the purpose of navigation improvement.' Hennepin COUNTY
<br />This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS:
<br />GENERAL PROVISIONS
<br />• 1. This permit is permissive only and shall not release the permittee from any liability or obligation imposed by Minnesota Statutes, Federal
<br />Low or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereattw imposed by
<br />law.
<br />2 This permit is not assignable except with the written consent of the Commissioner of Natural Resources, -
<br />3. The Director of the Division of Waters, Soils and Minerals shall be notified at least frvt days in advance of the o' mrnencernent of the
<br />work authorized hereunder and shall be notified of its completion within five days thereafter. The notice of permit issued by the
<br />Commissioner shall be kept securely posted in a conspicuous place at the site of operations.
<br />4. No change shall be made, without written permission previously obtained from the Commissioner of Natural Resouroasr•in the hydraulic
<br />dimensions, capacity or location of any items of work authorized hereunder.
<br />5. The permittee shall grant access to the site -at all reasonable times during and after construction to authorized representatives of the
<br />Commissionr-of Natural Resources for inspection of the work authorized hereunder.
<br />6. This Pam* maybe terminated by the Commissionair of Natural Resources, without notice. at any time he deems it necessary for the
<br />conservation of the water resources of the state, or in the interest of public health and welfare, or for vimWon of any of the provtsors
<br />of this permit, -unless otherwise provided in the Special Provisions. '
<br />SPECIAL PROVISIONS
<br />1. Construction work authorized under this permit shall be completed on or before DeCube= 30s 1978 , upon '
<br />written request to the Conmissiorter by the Permittee, stating the reason therefore, on extention of time may be obtawead.
<br />11.1 The excavation of soil authorized herein shall not be co suued'to include the removal of organic matter
<br />:924:5 .S.L.Do
<br />removed i unless the aro from which such oryanic matter is
<br />mpervious or is sealed by the appliation of bentonite after excavation.
<br />111. In all cases where the doing by the permittee of anything authoidedbythispermit"lkwOvethouking,viing,ordamagingofanypwperty
<br />.rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon.o` interests t wrairi, the
<br />e perrtwttee, before proceeding therewith, shall obtain the written.eon_ sent of all persons. agencies„ or authorities concerned, and shall
<br />aoquiraslh.property.eghts and interests necessary therefor-
<br />-IV..: This prcr tis'ermissiveonly.Noliabilityshallbe"cmposeduponornncurredbytheStateofMinnesotanmyofitsofficers,agentsoremployees,.
<br />officially or. personally. on account of the granting hereof or on account of any diriiage to any person or property resulting from
<br />any act or omission of the permittee or any of its agents, employees, or contractors relating to any matter hereunder. This permit shall
<br />not be construed as estopping or f rniting any legal claims or right of action of any person other than the state against the permittee, its
<br />• agents` employees, or contractors. for any damage or injury resulting from any such act or omission, or as estopping or farniting any legal
<br />claim or right of action of this state against the permittee, its agents, employees, or contractors for violation of or failure to comply with
<br />the provisions of the pen. t or applicable provisions of law.
<br />. V_ No material excavated by authority of this permit nor material from,�nXother source except as specified herein, shall be placed on any
<br />'portion of the bad of said waters ww1l" lies below.
<br />It shall be the duty of the permittee to detemwne correctly all pertinent elevations
<br />at the site of the work for the purpose of complying with the conditions of this permit
<br />VI. Any extension of the surface of said waters resulting from work authorized by this permit shall become public w,vatersacwd left open and
<br />unobstructed for use by the public.
<br />(o`er!
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