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HomeMy WebLinkAbout1991-protected waters permit NA-02733-04 P.A.Number (Rev.3/90) INNESOTA PROTECTED WATERS 91-6104 DEPARTMENT OF �-r NATURAL RESOURCE' DIVISION OF T!ATERS PERMIT Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and others supporting data, all of whi rf•e madeapart hereofby reference, PERMISSION IS HEREBY GRANTED to the applicant named below to change the coururrent or cross section of the following: Protected Water County Forest Lake (27-139) Hennepin Name of Applicant Telephone Number(include Area Code) Richard Cherba (612)472-3181FEB 4 1991 Address(No. &Street,RFD, Box No.,City, State,Zip Code) „ , ., „ . . 1340 Vine Place, Mound, Minnesota 55364 Authorized to: place sand along 50 feet of shoreline, extending 20 feet waterward of the OHW, and 6 inches deep, all as shown in the application and supporting materials received November 29, 1990. Purpose of Permit: Expiration Date of Permit Sand Blanket November 30, 1991 Property Described as: County SEi NWi Section 7, Township 117N, Range 23W Hennepin As Indicated: (8) As Indicated: (11) the ordinary high water Does not apply I elevation, 929.4' (NGVD, 1929) This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This permit is permissive only and shall not release the permittee from any liability or obligation imposed by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. 2. This permit is not assignable except with the written consent of the Commissioner of Natural Resources. 3. The Regional Hydrologist shall be notified at least five days in advance of the commencement of the work authorized hereunder and shall be notified of its completion within five days thereafter. The Notice of Permit issued by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations. 4• No change shaii be made, without written permission previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder. 5. The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. 6. This Permit may be terminated by the Commissioner of Natural Resources at any time he deems it necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. 7. Construction work authorized under this permit shall be completed on or before date specified above. Upon written request to the Commissioner by the Permittee, stating the reason therefore, an extension of time may be obtained. 8. The excavation of soil authorized herein shall not be construed to include the removal of organic matter(as indicated above) unless the area from which such organic matter is removed, is impervious, or is sealed by the application of bentonite after excavation. 9. In all cases where the doing by the permittee of anything authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights and interests necessary therefore. 10. This permit is permissive only. No liability shall be imposed by the State of Minnesota or any of its officers, agents or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors relating to any matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents,employees, or contractors,for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable provisions of law. I 11. No material excavated by authority of this permit nor material from any other source, except as specified herein, shall be placed on any portion of the bed of said waters which lies below (as indicated above). 12. Any extension of the surface of said waters resulting from work authorized by this permit shall become protected waters and left open and unobstructed for use by the public. 13. This permit does not obviate any requirement for federal assent from the U.S.Army Corps of Engineers, 1421 U.S. Post Office and Custom House, St. Paul, Minnesota 55101-9808. SPECIAL PROVISIONS 14. The permittee shall comply with all rules, regulations, requirements, or standards of the Minnesota Pollution Control Agency and other applicable federal, state, or local agencies. 15. Permittee shall ensure that the contractor has received and thoroughly understands all conditions of this permit. 16. Beach Sand Blanket: If this permit proves ineffective due to unfavorable lake conditions, no further permits will be issued for repetition of this work. In these cases, lakeshore owners should consider development of a community beach facility or use of an existing community beach. cc: USCOE LMCD Minnehaha Creek Watershed District City of Mound Hennepin SWCD AWM, J. Parker AFM, D. Zappetillo Wayne Barstad R. Anderson, St. Paul Waters S. Walter, C.O. Authorized Signature Title Date John Linc Stine Regional Hydrologist X30 /9Q�