HomeMy WebLinkAbout1990-03-12 State of MN Letter, Alteration of Protected WaterSTATE of
trHOEPARTMENT
OF NATURAL RESOURCES
METRO REGION WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106
P"O"Mo• 296-7523 FILE Mo.
CERTIFIED D CffV OF
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C�CEIVC�
March 12, 1990
Mr. Allan Rezabek MAR 1 4 1990
4180 Bayside Road
Long Lake, 14N 55356
Dear Mr. RcZdbek :
RE: UNAUTHORIZED FILL, V90-6119, LAKE MINNETONKA (27-133) NORTH AR14
122, CITY OF ORONO, HENNEPIN COUNTY
On February 13, 1990 Department of Natural Resources personnel
conducted an investigation on your property relative to certain fill
activities you have undertaken. This investigation revealed that
some of the work took place below the ordinary high water level
(OHW) for Lake Minnetonka of 929.4' (NGYD, 1929) and that you had no
valid DNR permit which authorized any such alteration. The action,
therefore, constitutes a misdemeanor according to Minnesota
Statutes, Chapter 105.42 and is punishable by fines up to $700
and/or 90 days in jail.
Filling of any type below the OHW of a protected water is generally
prohibited (see enclosed copy of rules for filling, and the brochure
on work that can be done without a DNR permit). The stone fill on
yot• property is the type of fill that is prohibited.
Therefore, in order to be in compliance with State rules, you
should:
1) Voluntarily remove the fill and the wooden structure
placed below the Lake Minnetonka OHW of 929.4' (NGYD,
1929) and restore the lakebed to its original
cross-section. A written schedule for the restoration
must be approved by the DNR.
You are further advised that you must comply with all rules,
regulations, requirements or standards of other applicable federal,
state, or local agencies and units of government. Compliance with
DNR rules and regulations does not preclude compliance with other
authorities. The Minnehaha Creekatershed District (Ron Quanbeck @
473-4224), the City of Orono (Jeanne Mabusth @ 473-7357) and the
U.S. Army Corps of Engineers (Ken Harrell 0 220-0379) should be
contacted regarding pertinent regulations.
AN EQUAL OPPORTUNITY EMPLOYER
E
Allan Rezabek
March 12, 1990
Page Two
If within 15 days of your receipt of this letter we have not
received a schedule/plan for restoration from you, we will be forced
to consider the appropriate legal action necessary to protect the
public's interest. Violations of state water law are routinely
referred to the Department's Division of Enforcement for appropriate
action. A Conservatioa Officer may be in contact with you to ensure
the terms and conditions of any approved restoration plan or
after -the -fact permit are met.
You are advised that the work completed is a misdemeanor and that
any additional work could be construed as a second, separate
misdemeanor. No further work shall be done unless directly ordered
by the Conservation Officer or in accordance with written
authorization from this office.
Should you have any questions regarding this matter, please contact
Area Hydrologist Ceil Strauss at 296-7523.
Sincerely,
,*/ 4�` $t4z
Jo Linc Stine
Regional Hydrologist
C266:kap
Enclosures
cc: Ken Harrell, USCOE
R. Quanbeck, Minnehaha Creek WSD
J. Masbuth, City of Orono
J. Konrad, C.O.
J. Fax, St. Paul Waters