HomeMy WebLinkAbout1990-04-18 DNR Letter, Unauthorized Land Alterationsstate op
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^ DEPARTMENT OF NATURAL RESOURCES
METRO RlGIOK WATERS - 1200 WARNER ROAD, ST. PAUL. HN 55106
PNONINO. 296-7523 pile NO
CERTIFIED
V
April 18, 1990
Mr. James Bowers
2905 Casco Point Road
Orono. HN 55323
Dear Mr. Bowers:
i990
RE: UNAUTHORIZED FILL, V90-6209, LAKE MINNETONKA (27-133) SPRING
PARK BAY, CITY OF ORONO, HENNEPIN COUNTY
On March 26, 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' (NGVO, 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.
Placing sand on the lakebottora can have several damag^'q Impacts to
the sensitive ecology of the area, such as:
- Covering aquatic vegetation or invertebrate life which
damages food chain, nesting sites, etc..
- Smothering plants and root systems that stabilize lakebed and
shoral line f-om erosion at higher water levels.
- Disturbing the ecological diversity and aquatic habitat for
fish and wildlife.
- In mucky areas, sand will sink or erode and not result in
improved recreation areas.
- Causes temporary sediment disturbance and turbidity affecting
local water quality.
- May result in filamentous algae blooms In the area as a
result of eliminating rooted aquatic plants.
In order to be in compliance with State rules, you have the
following alternatives for action;
1) Voluntarily remove the fill placed below the Lake
Minnetonka OHW of 929.4 (NGVO, 1929) and restore the
lakebed to its original cross-section. A written schedule
for the restoration must be approved by the DNR.
AN EQUAL OPPONTUNITY EMPLOYEN
April 18, 1990
Page Two
Z) Retain a sand blanket that is nc nore than 50-feet wide
along the shore, 10-feet waterward of the OHW, 6-1r.ches
thick, and meets all other conditions for work that is
allowed without a DNR permit (a brochure that summarizes
the work that can be done without a DNR permit is
enclosed). Voluntarily restore the area to its original
c .r'L’ition. Location of the sane blanket and a written
scheoule must be approved by the DNR.
3) Apply for an after-the-fact permit to retain a portion of
the work you have completed (a set permit application
forms is enclosed for your use). Depending on the outcome
of the after-the-fact permit application review, a permit
may be granted for part of the work (subject to
restoration of anything in excess of what is authorized).
It is possible that '» permit application would be denied
In all respects. he case of after-the-fact permit
applications, the r. ' I application fee is doubled and a
minimum $100 field .nspection fee is charged. Using the
enclosed fee worksheet, please calculate the normal fee
and submit a check or money order, payable to the
Department or Natural Resources, for double that amount,
plus $100.
We recommend that you pursue voluntary restoration as it avoids
additional cost and legal action. Should you choose to submit an
after-the-fact permit application, the minimum additional fees and
further legal action are necessary.
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 .
authorities. The Minnehaha Creek Uatershed District (Ron Quanbec t?
473-4224*, the City of Orono (Jeanne Mabusth 8 473-7557) and the
U.S. Army Corps of Engineers (Ken Harrell P 220-0379) should be
contacted regarding pertinent regulations.
If within 15 days of your receipt of this letter we have not
received an application or 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 Conservation Offi. .r may be in contact with
you to ensure the terms and conditions of any approv^^d restoration
plan or after-the-fact permit are met.
p
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April 18, 1990
Page Three
You are advised that the work conpleted is a misdemeanor and that
any additional work could be construed as a second, separate
misdemeanor. Ho further work snail oe done unless directly oroered
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,
JonA Line Stine
Regional Hydrologist
C266:kap
Enclosures
cc: Ken Harrel 1, USCOE
R.Quanbeck, Minnehaha Creek WSD
J.Mabusth, City of Orono
J.Konrad, C.O.
J.Fax, St. Paul Waters
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