HomeMy WebLinkAboutRe: illegal fill � \\
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���� ,��, .` �`�' ��'� Street Address: Mailing Address:
���k��p4�' 2750 Kelley Parkway P.O. Box 66
�_�� Orono, MN 55356 Crystal Bay, MN 55323-0066
October 16, 1995
Todd and Donna Gause
480 Stubbs Bay Road North
Long Lake, MN 55356
RE: Illegal Fill Y_
Dear Mr. and Mrs. Gause:
On May 13, 1993, the City notified you of illegal fill you placed in a wetland on your property
at 480 Stubbs Bay Road North. You agreed to remove the fill but requested to have until
December 1, 1995 to accomplish the task. As of this date, there has been no indication of any
fill removed.
This letter is to remind you of your agreement to remove the fill and to notify you of the City's
intent to issue citations, notify other governmental agencies and to take whatever legal steps that
are necessary to require removal if the December 1, 1995 deadline is not met. If you have any
questions, feel free to contact me at my office.
Sincerely,
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Lyle Oman
Building Official
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cc: Jeanne A. Mabusth, Building & Zoning Administrator
Bruce L. Vang, Field Inspector
Telephone (612) 473-7357 • FAX 473-0510
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May 31, 1993
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Attention: Mr. Bruce Vang
Re : Letter Agreement for Excavation of Fill Materials
from Alleged Wetland Areas of Property Owned by
Todd H. Gause and Donna M. Gause, Husband and Wife,
as Joint Tenants, at 480 North Stubbs Bay Road,
City of Orono, County of Hennepin, Legally
� Described as:
The South four hundred feet measured alon.g the west
line thereof of that part of the Southwest % of the
Northeast % of Section 32, Township 128 North,
Range 23 West, of the Fifth Meridian, lying North
of the South ten acres of said Southwest % of the
� Northeast % and Southwesterly of the Right of Way
of the First Division of the St. Pau1 & Pacific
Railroad Company.
Dear Mr. Vang:
Introduction and Aareement
On May 13 , 1993 , you notified Todd H. Gause that a portion of
our property, described above, had been designated as Wetland in
1974 . You also notified Todd H. Gause that the City of Orono has
concluded that a portion of the Wetland area of our property was
filled in, after 1974 , without prior permission from the City of
Orono or any other governmental authority.
The City of Orono contends that the area in question has been
filled in violation of Minnesota and Federal laws . We were not
aware that a portion of our property had been declared Wetland and
assumed that our property use was not in violation of any Wetland
laws or regulations . We deny that we have violated any Wetland
laws or regulations and we deny that we are liable in any way for
our past and present use of our property. Under the circumstances,
however, in the spirit of cooperation and to resolve the situation
completely, the City and we have agreed to a plan of action. The
City and we agree that this plan will protect the Wetland area on
�
City of Orono
Mr. Bruce Vang
May 31, 1993
Page 2
our property, consistent with law. The City has asked that we send
this letter, memorializing our. agreement .
Therefore, (1) this letter serves as the Agreement between the
City of Orono and us, as owners of the property described above,
(2) by which we will be afforded until December l, 1995 to excavate
the area in question, (3) unless the excauation is not completed,
the City of Orono will take no enforcement action against us or
against the property, and (4) furthermore, the City of Orono will
not cause or seek to cause the involvement of any other
governmental agency to take enforcement action against us or the
� property.
Background Information
We purchased the property on September 7, 1989 . The prior
owners of the property never informed us - that a portion of the
property had been designated wetland in 1974 . There was no survey
of the site in connection with our purcr�ase. No gapers prepared or
provided to. us in cannection with the purchase of our property
disclosed that a portion of our property ha� been declared Wetland
in 1974 . We did not understand that we could not use a portion of
our property because it had been declared Wetland bef.ore our
purchase . Therefore, w.e assumed.,� ir. geoc�:. fa�ith, � th.ere.. w�re..-no..
restrictions on using fill material to change the surface elevation
of a very small portion of our property.
Beginning in 1989, we began to spread fill materials into a
low spot on our pr_operty, covering an area with dimensions of
approximately 70 feet i�y 35 feet to a deptri of approximately six to
eight feet . We then leveled and covered the area with clean
crushed rock. It is this area trat is t.o be exca�ated according to
this Letter Agreement .
Oi her Provisions
1 . So that there is a reference to determine whether our
excavation has complied vaith �ne terms of this Letter Agreement, we
will stake arid ph.otograph the arPa as it appears now. We will work
closely with you and City of Orono staff to ensure that our
excavation will meet the condit�ons of this Letter Agreement .
2 . The City agrees that we are not obligated to reimburse
the City for its c�sts incurred f�r the en{orcement and oversight
of our excavation activities :
3 . Todd Gause wili be pe�forminq persona].�y almost all , if
not all, of the excavat�on work. We have access to or own the
City of Orono
Mr. .Bruce Vang
May 31, 1993
Page 3
equipment required for the excavation; the labor and material cost
of this project will be significantly less if we do the work
ourselves than if we contract with someone else to do the work. In
the event that Todd Gause is injured or becomes physically unable
to perform the excavation project, the City and we agree to
negotiate a new timetable for the completion of this project .
* * * * *
We look forward to discussing the Letter Agreement with you on
Wednesday, June 2 , 1993 . If the Letter Agreement is acceptable to
the City, please ask the proper person to sign in the space
provided and return a signed copy of the letter to us . If we do
not receive a reply to this letter, we will assume that the
provisions of this letter are acceptable to the City and that the
Letter Agreement reflects the intentions of the City and us as the
means of resolving this matter.
Very truly yours, �
� ' 1" �(�f.�-�,
���'�U` ,
"�`.
Todd H. Gause Donna M. Ga se
On behalf of the City of Orono, I acknowledge receipt of this
letter and, by authority given to me by the City of Orono, bind the
City of Orono to this Letter Agreement
Dated: June , 1993 CITY of ORONO
by
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