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��P,��OF MIN�yFso�9 <br /> � Minnesota De�artment of Natural Resources <br /> o �, Metro Waters- 12 Warner Road, St. Paul,MN 55106-6793 <br /> y �� Telephone: (612) 772-7910 Fax: (612) 772-7977 <br /> yo <br /> ���FNATURP��� CERTIFIED MAII, <br /> October 23, 1996 <br /> , 4 ',.:; <br /> David and Tracey Marks �;G 4 <br /> 3535 Ivy Place <br /> Wayza.ta, Minnesota 55391 <br /> Re: Illegal Excavation/Filling ofLake Mumetonka(27-133-09), City of Orono,Hennepin County <br /> Dear Mr and Ms. Marks: <br /> In response to a report from a Lake Mmnetonka boater, I inspected the lake portion of your lot on <br /> October 21, 1996. I found that excavation in the dock azea.had occuired and the spoils had been <br /> ;�laced on the bed of Lake Minnetonka. An attempt had also been made to start stabilizing the spoil <br /> piles with 6-8" field stone. Activities below the ordinary high water (O�iVV) of 929.4' for Lake <br /> Minnetonka are subject to DNR jurisdiction, and it is a violation of State law to perform such <br /> activities without a DNR permit. <br /> You are advised that while it is possible to get a pernut to do dredging in order to gain navigational <br /> access (if certain conditions are met), it is NOT permittable to place the spoils below the OHW of <br /> 929.4'(i.e.,within what is officially considered part of the lake). Most of the area excavated appears <br /> to be more of a ditch area and on the side of the dock where you would not reasonably moor a boat <br /> and, therefore, does NOT meet the conditions for a na.vigational access channel. <br /> To be in compliance with State regulations, you must: remove the field stone, regrade the spoils in <br /> order to restore the condition of the lakebed that existed prior to the illegal excavation and filling <br /> within Lake Minnetonka, and stabilize the disturbed area in a manner approved by me or the <br /> Nfinnehaha Creek Watershed District (e.g., mulch and seed or an erosion control blanket). This <br /> restoration must occur within 10 days of your receipt of this letter. Before the actual restoration <br /> grading occurs, a silt fence must be installed to prevent turbidity or sedimentation outside of the <br /> work area(see the enclosure entitled"6.3 Silt Fence"). Once the restoration has been completed, you <br /> must contact me or Conservation Officer Jim Konrad (at 476-8736) so that completion of the <br /> restoration can be verified. <br /> In addition to the violation of State laws, you are advised that there were violations of regulations <br /> administered by the Minnehaha Creek Watershed District and the City of Orono. Either the <br /> Watershed District or the City may require restoration work beyond that required by the DNR. <br /> , <br /> If you have any questions about the restoration requirements, I can meet you or your representative <br /> at the site and clarify. It also may be beneficial to arrange to have a representative of the Watershed <br /> District and City on-site at the same time to ensure that their concerns are also addressed. <br /> DNR InFormation:612-?96-61�7, I-800-766-6000 • TTY:61?-'_96-5-18�. I-800-6�7-3939 <br /> An Equal Oppurtunit� Employrr I1 Primed un Rec}cled Paper CuntaininL a <br /> 1Vhu Valurs Divcnitv �� �linimum ul'10'?Pu,t-Cun.umer Wa.ta <br />