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Home My WebLink About1990-07-11 DNR Permit #90-6287^ ^ _ STATE OF ™ °... . ss.e July 11, 1990 Mr. Thomas B. Berthiaume 3035 Casco Point Rd. Wayiata, MN 55391 3VJ'- \990 Dear Mr. Berthiaume: WmimrnMm {Je'oWXt alVrs ^^corrse" cllrren?^/'’^ «"»tructed b.1ow or «tU„a is uMer the joHsdicUorif th^ ‘Work done without a valid ONR oermit u rnnc^-5 and may require a permit. Minnesota Statues. Chapter 105 4^ For vnll ®w ^ "'.'^demeanor according to brochure that "frizes the ^ awaters permit. ^ can be done without a DNR protected Distr^?t,^“^^d^thf'u Army cSros^’of Minnehaha Creek Watershed regdrdioi fu\^Jro“;J;re‘7e ^ZulUrZ^rAicZI^. Although we have determined thut the above-referenced «;anri hiani,«4- ^ natural substrate of the lakebed SVlf^^^ vegetation and thesS*; - dri"irr"rt’ t7^{b“ro?/ra^r',x°;sr:^"' ?oJ\yrrilrV:r7«s- U r^“„' these activities Xn^ver^i ti^nrrn^a'o^yfslLrb^y^'is^^JsrX AN EQUAL OPFORTUNtTY EMPLOYER Thomas Berthlaume July 11, 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 provid? that if no demand for hearing be made or if a hearing 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 Commissioner. 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, Jonh Line Stine Regional Hydrologist C177:kap Enclosures cc: U:^C0E Hennepin SUCO Minnehaha Creek WSD LMCO City of Orono D. Zappetillo, AFM J. Parker, AWM S. Walter, C.O. J. Fax, St. Paul Waters City of Orono file Lake Minnetonka (27-133) file #11 Violation file V90-6212 3*9!^ ■* LLMITED WNESOTA NATURAL RESOURCE! PROTECTED WATERS PERMIT NA^)2733-04 (Rev.3/90) DEnARTMENTOF Dt VISION OF ff ATERS Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements arxj information corttairted intha parmit application, letters, maps, and plat j submitted by the applicant and others supporting data, all of which ara mada a part haraof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below to change the course, currant or cross section of the following: Protected Water Lake Minnetonka (27-133) Spring Park Bay #11 Name o( Applicant Thomas Berthiaume Address (No. & S'reet, RFO. Box No., City, State. Zip Code) County Hennepin Taiephofte Number (indude Area Code) (612)471-7204 Tacrn Pnint Bnari, Wav7flta , MN 55391 Authorued to place a sand blanket 45-feet along shoreline, 20-feet waterward of the ordinary high water elevation (OHW) and 6" deep. Purpose of Permit Recreational beach Propeny Described as Section 20. Township 117 North. Range 23 West Expiration Date of Permit November 30, 1990 County Hennepin As Indicated; (6) Does Nnt Apply As Indicated: (11) the ordinary high water elevation, 929.A' (NGVD, 1929) This permit is granted subject to the follow,ng GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This permit is p'-.mlssive only and shall not release the permittee ti om any liability or obligation impost y Mhnesota Statutes. Federal Law or local ofdinancas relating thereto and shall remain in force subject to all condit 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 issuer^ the Commissioner shall be kept secure!'^ oosted 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 hereu.nder. 5. The permittee shall gram jccess 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, unles' herwise provided in the Special Provisions. 7. Construction work authorize ' this permit shall be completed on or before date specified above. Upon written request to the Commissione x Permittee, stating the reason therefore, an ex* ;nsion of time may be obtained. 8. The excavation of soil authori/oc nerein shall not be construed to include the removal of organic natter (as indicated above) unless the area from which such organic matter is removec, 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 oH any property rights or Interests of any other person or persons, or of any publicly owned lands or improvements thereon or Interes’s therein, the permittee, before proceeding therewith, shall obtain the written consent of an persons, agencies, or author!i>es concerned, and shan acquire aU property, rights and Interests necessary therefore. 10. This permit It ptrmittive only. No liaMity shall be Imposed by the State of Minnesota or any ol its officers, agents or amployaas, ofneially 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 ar»y of Us agents, employees, or cortractors rtf ating to any matter haraundar. TWs permit shall not be construed as estopping or limiting any legal claims or right of action of any parson 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 parmittaa, its agents, employees, or contractors for violation of or failure to cot^a'-' ff'® permit or applicable provisions of law. 11 . No material excavated by authority of this permit nor material from any other source, except as specified herein, shall be pttceri 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 requirament for federal assent from the U.S. Army Corps of Engineers, 1421 U.S. Post Office and Custom House, St. Paul, Minnesota 55101*9608. 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. 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 conmunity beach. 17. 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 conditiens. Indigenous plant species shall be used, whenever possible, to revegetate disturbed areas. 18. 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. cc: USCOE Hennepin SUCD Minnehaha Creek USD LMCD City of Orono J. Parker, AHM D. Zappetillo, AFM S. Walter, C.O. J. Fax, St. Paul Waters City of Orono file Lake Minnetonka (27-133) file #11 Violation file V90-6212 Authorized Signature Tttle Date .lAhn 1 Inr Rpginn^il Hyrirol0 ji IP /W«