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Fro�: Ceil Strause To: Jikonrad, Internet:"dking@mnwatershed.org" Data: 10/28/96 2:43pm Subject: David/Tracey Marke violation statua Jim and Dionne: David Marka and I swapped voice mail messagea on Friday, 10/25. He acknowledged receipt of my 10/23 letter and had asked about the poseibility of getting a permit for the work done. I had said that it wouldn't be poasible to get a permit for placing the spoils and rock where it was, but may be poseible to get a permit for navigational access excavation. David called back today around noon, and I explained the OHW and 100-year floodplain elevations. Z also explained how to get a feel for the OHW and 100-year locationa based on current water elevations (that he could qet from the WSD) . They apparently just bought the property at the beginning of the summer and were not too familiar with lake-related regulations. David had done the work himself, apparently working over a good portion of the summer. He will be working on restoring the area over the next few days. I said he had to remove the rocka and that he either had to put the apoils back where he excavated thePn from. or glace them somewhere above the floodplain. David will touch base with me at the end of the week on his progress. He thought he might need more than 10 days. Z said that as long ae it's in progreas, the time could be extended. I noted my concern was that the work get done before freeze-up. We also discussed the silt fence requirement. He noted that with the low water there is a higher strip separating the disturbed area from the open water. I said that if that is the case, ailt fence would not be required; our concern is that the mucking around not send a plume into the open water. Most of the work was close to the shoreline, so I have no reason to disagree with his description of the area. We discussed the proceas for an excavation permit. He indicated he'd been to the WSD this morning and gotten application forma. Zt also sounded like he'd started to contact poeaible contractors. I encouraged him to work with his neighbor on the dock plan and excavation. The Marks' dock is apparently actually on the neighbor's property and the neighboring lot is juat finishing building a new house. Z noted he'll need to show the OHW on the plan and alerted him to LMCD requirements. Most likely, the Marka will work with a contractor on plana over the winter. David was very cooperative, and mainly needed guidance on allowable work and applicable regulationa. Ceil 10/28 c: City of Orono, Jeanne Mabuath/Bruce Vang � C� 3 � ��