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Home My WebLink About1990-06-29 DNR Permit #90-62881^tTATEOP ^ONNESO t TV im. ,.UL. HKJSlOe moNENO. 296-7523 / June 29, 1990 JUL 3 1S« FILE NO. Mr. Robert 0. McGann 3025 Casco Point Road Wayzata, HN 55391 Dear Mr. McGann: RE: LIMITED PERMIT #90-6288, SAND BLANKET, LAKE MINNETONKA (27-133) SPRING PARK BAY #11, CITY OF ORONO, HENNEPIN COUNTY Enclosed is Limited Permit #90-6288 authorizing the placement of a sand blanket in an area approximately 35-feet along the shoreline and 20-feet waterward of the ordinary high water elevation (OHW) for Lake Minnetonka. This permit does not authorize you to place the 70-foot by 20-foot sand blanket you had requested. The Department has determined that a 35-foot by 20-foot sand blanket provides for reasonable recreational use. This permit requires that the excess sand shall be removed and the shoreline returned to its original cross-section by November 30, 1990 (expiration date of this permit). It is important to remember in the future that any project constructed below the OHW that alters the course, current, or cross-section of a protected water or wetland is under the jurisdiction of the DNR and may require a permit. Work done •'ithout a valid DNR permit is considered a misdemeanor according to Minnesota Lwatues, Chapter 105.42. For your information, I have enclosed a brochure that summarizes the work that can be done without a DNR protected waters permit. You are further advised that the City of Orono, Minnehaha Creek Watershed District, and the U.S. Army Corps of Engineers should also be consulted regarding any future shoreline projects you may anticipate. Although we have determined that the above-referenced sand blanket is reasonable, and have issued a permit, you should be aware that the Department does not consider the placement of sand blankets for aesthetic purposes to be justification for damaging the lake's ecosystem. The Department's goal is to preserve the lake habitat; this includes the aquatic vegetation and the natural substrate of the lakebed. Sand blankets replace the benthic organisms in the natural substrate, which are important to the overall lake ecology, with a sterile environment. While the DNR rules do allow small sand blankets for recreational purposes, it remains the goal of the Department to limit these activities whenever a smaller area of disturbance is reasonable. AN EQUAL OPFOMTUNITY EMPLOYER Robert NcGann •lune 29»1990 Page Two Pursuant to Minnesota Statutes, Section 105.44, Subdivision 3 and 6, the applicant, the managers of the watershed district, the board of supervisors of the soil and water conservation district or the mayor of the city may demand a hearing on the Order provided the demand for hearing and the bond required by Subdivision 6 be filed with the Commissioner within thirty (30) days. No bond or security is required of'a public authority which demands a hearing. The Statutes further provide that if no demand for hearing be made or if a hea»*ing is demanded but no bond is filed as required by Subdivision 6, the Order shall become final and no appeal of the Order may be taken to Minnesota State Court of Appeals. Subdivision 6 requires that an applicant filing a demand for a public hearing execute and file a corporate surety bond or equivalent security to the State of Minnesota. The amount to be filed is $500 as set by the Coninissioner. The bond or security shall be conditioned for the payment of certain costs and expenses of the public hearing if the Order is affirmed without material modification; however, the applicant's liability is limited to $750. The $750 limit does not apply when a public hearing is demanded by a public authority which is not the applicant. Bond forms will be supplied at your request. Please contact Area Hydrologist Ceil Strauss at 296-7523 should you have any questions. Sincerely, Line Stine Regional Hydrologist C177:kap Enclosures cc: USCOE Hennepin SUCD Minnehaha Creek WSD LMCD City of Orono D. Zappetillo, AFM J. Parker, AUM J. Konrad, C.O. J. Fax, St. Paul Waters City of Orono file Lake Minnetonka (27-133) file #11 Violation file V90-6213 LIMITED MNESOrA NATURAL RESOUnCEi PROTECTED WATERS PERMIT PA. Number NA-02733-04 (Rev.3/90) ____ PROTECTCU WATERS | 90-6288 OEnurmEurroF DIVISION OF Pursuant to Minnesota Statute... Chapter 105, and on the basis of statements and information contained in the permit application, ietters. maps, and plans submitted by the applicant and others supporting data, all of which are made a part hereof by reference. PEPMISSION IS HEREBY GRANTED to the applicant named below to change the course, current or cross section of the following; Protected Water Lake Minnetonka (27-133) Spring Park Bay #11 County Hennepin Name oi Applicant Robert HcGann Telephone Number (include Area Code) (612)471-0074 Address (No & Street. RFO. Box No . City. Stale. Zip Code) 3025 Casrn Point Bit. ^ Uavzata . MfJ 55391 Authorized to place a sand blanket 35-feet along shoreline, ordinary high water elevation (OHW) and 6" deep. 20-feet waterward of the Purpose of Permit Recreational beach 1 Expiration Date of Permit November 30, 1990 Property Described as county Section 20. Township 117 North. Range 23 West Henneoin As Indicated: (8)As Indicated: (il)the ordinary high water Does Not Apply elevation, 929.4' (NGVD, 1929) This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIOWS 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 temain 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 shall 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 Corimissiorter of Natural Resources for inspection of *he 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 oefore 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. oi authorities concerned, artd shall acquire all property, rights and interests necessary therefore. 10. TWi ptrmit li p<rmlii*¥» only No liaMliy shall twimpoaad by th» State d Minnesota or any of its oNicers. agents or employees, officially or parsonaNy, on account of the granting hereof or on account of any damage to any person or property resUKing from any act or omission of the permittee or any of Its agents, employses. or coniiactors relating to any matter hereunder. This permit shall not be construed as estopping or iimiting 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 faHure to comply <Mth the permit or applicable provisions of law. 1 1 . 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. '.my extension of the surface of said waters resulting from work authorized by this permit shall become protected waters and left open and unobatmetad for use by the public. 13. This pemtlt does not obviate any requirement for federal assent from the U.S. Army Corps of Engineers. 1421 U.S. Post Office and Custom Housa, St. Paul. Minnesota 55101-9608. SPECIAL PROVISIONS 14. The permittee shall comply with all rules, regulations, requirecieiiLs, or stanaaros or tne 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. If this project 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. 17. Excavated materials shall not be deposited or stored alongside the protected water in a manner where the materials can be redeposited into the protected water by reasonably expected high water or storm runoff. 18. The excess sand shall be removed and the bed of the protected water shall be restored as nearly as possible to the original cross-section and conditions. cc: USCOE Hennepin SUCD Minnehaha Creek WSO LMCD CUy of Orono J. Parker, AUM D. Zappetillo, AFM J. Konrad, C.O. J. Fax, St. Paul Haters City of Orono file Lake Minnetonka (27-133) file 111 Violation file V90-5213 Authorized Signature Tll'e Mte if /f9p