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Home My WebLink AboutCorrespondence re DNR violation � ,r�;,. x#�*..,- �� A(� � �. a ` CITY of ORONO � m.�J � � `` Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices ��.x a�.,.��. . � �+�+ �x; ; � � - ,� .��'� On the North Shore of Lake Minnetonka �.: April 24, 1990 Mr. Richard Kail 2915 Casco Point Road Wayzata, MN 55391 Dear Mr. Kail: The City has received notice from the Department of Natural Resources that a violation exists on your property involving certain filling activities within the lakeshore of your property. Please be advised that if these improvements involve land alterations above the 929.4 elevation of your lakeshore, City review and approval is required. Please contact the Building and Zoning Office (Michael Gaffron or Jeanne Mabusth at 473-7357 ) if you have any questions pertaining to this matter. Sincerely, �� Jeanne A. Mabusth Building & Zoning Administrator JAM/lv BUILDING&ZONING-473-7357 • ADMINISTRATIOIY&FINANCE-473-7358 • PUBLIC WORKS-473-7359 ASSESSING FAX-473-0S10 %�y_ G�J a C� �E�4Q � ��'�l��`�(� ^% � � �,trtixxEsorn, ' DEPARTMENT OF NATURAL RESOURCES � �j METRO REGION W�,TERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 \� PHONE H0. 2y6-�5Z3 FILE NO. CERTIFIED �� i 0 �: April 18, 1990 [�� f�1r. Richard Kail �99Q 2915 Casco Point Road �APR 2 � Orono, I�N 55323 Dear Mr. Kail : RE: UNAUTHORIZED FILL, \'9C-6208, LAKE t�1INNETONKA (27-133j SPRi�aG PARK BAY, CITY OF OROhO, HEN��EPIN COUNTY On ��larch 26, 1990 Depar�ment of PJatural Resources personnel conducted an investigatio� 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 Plinnetonka or 929.4' (NGVD, 1929) and that you had no valid DNR permit which authorized any such alteration. The action, therefore, constitutes a misdemeanor according to t�iinnesota Statutes , Chapter 105.�2 and is punishable by fines up to �700 and/or 90 days in jail . Placing sand on the lakebo;.�om can have several damaging impacts to the sensitive ecology of the area, such as: - Covering aquatic vecetation or invertebrate life which damages food chain, nesting sites, etc. . - Smothering plants and root systems that stabilize lakebed and shoreline from erosion at higher water levels. - Disturbing the ecological diversity and aquaiic habitat for fish and wildlife. - In mucky areas, sand will sink or erode and not result in improved recreatior. areas. - Causes temporary se�inent disturbance and turbidity affecting local water qualit�. - May result in filamentous algae blooms in the area as a result of eliminatiny rooted aquatic plants. In order to be in compliance with State rules, you have the following alternatives tor action : 1) Voluntarily remove the fill placed below the Lake h1innetonka OHW of 929.4 (NGVD, 1929) and restore the lakebed to its original cross-section. A written scnedule for the restoraticn must be approved by the DNR. AN EOUAL OPPORTUNITY EMPLOYER April 18, 1990 Page Two 2) Retain a sand blanket that is no more than 50-feet wide along the shore, iG-feet waterward of the OHW, 6-inches thick, and meets all other conditions for work �nai is allowed without a DNR permit (a brochure that sur;�arizes the work LIIQL can be done without a DPJR perr�it is enclosed) . Voluntarily restore the area to its original condition. Lacation of the sand blanket and a written schedule must be approved by the DPJR. 3) Apply for an after-the-fact permit to retain a portion of the work you have completed (a set of permit application forms is enclosed for your use) . Depending on the outcome of the after-�he-fact permit application review, a permit may be gran�ed for part of the work (subje;.t to restoration of anything in excess of what is authorized) . It is possible that the permit application would be denied in all respects. In the case of after-the-fact permit applications, the normal application fee is doubled and a minimum $100 field inspection fee is charged. Using the enclosed fee worksheet, please calculate the norr�al fee and submit a check or money order, payable to the Department of Natural Resources, for double that amount, plus $100. We recommend that you pursue voluntary restoration as it avoids additional cost and legal act�ion. Should you choose to subr�it an after-the-fact permit application, the minimum additional fees and further legal action are necess,ary. You are further advised that: you must comply with all rules, regulations, requirements or s�tandards of other applicable federal , state, or local agencies and units of government. Compliance with DNR rules and regulations doe�� not preclude compliance with other authorities. The Minnehaha Creek Watershed District (Ron Quanbeck @ 473-4224) , the City of Orono (Jeanne h1abusth @ 473-7557) and the U.S. Army Corps of Engineers (Ken Harrell @ 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 f rom you, we will be forced to consid�r the appropriate legal action necessary to protect the public 's interes�t. Violations of state water law are routinely referred to the Department's Division of Enforcement for appropriate action. A Conserv�ition Officer may be in contact with you to ensure the terms and conditions of any approved restoration pl an or after-the-fact per�nit ar�e met. April 18, 1990 Page Three You are advised that the work completed is a misdemeaner and that any additional work could be construed as a second , separate misdemeanor. No further work shall be done unless direc�l�� ordered by the Conservation Officer or in accordance with written authorization from this effice. Should you have any Guestions regarding this matter, please contact Area Hydrologist Ceil Strauss at 296-7523. Sincerely, �� ( " _�" John Linc Stine Regional Hydrologist C26G:kap Enclosures cc : Ken Harrell , USCOc R. Quanbeck , tdinnehaha Creek WSD J. t�abusth, City of Orono J. Kon rad, C .0. J. Fax, St. Paul Waters �,. i �: STATE OF %�� M � � ��/��" ,� i u v��""" �MINNESOTA� DEPARTMENT OF NATURAL RES4URCES ��°�� METRO REGION WATERS - 1200 WARNER ROAD, ST. PAUL, 1�+1N 55106 �%'�� PHONE NO.296—]5Z3 � FILE NO. r;1 D i_1 __`___.-�. . :�� i�/ �=.'.-`='C: ,_ �:i.� � h1ay 11, 199G Mr. Richard Kail MAY 1 4 �,9� 2915 Casco Point Road Wayzata, h1I� 55391 Dear Mr. Kail : RE: UNAUTNORIZED FILL, V90-6208, LAKE MIN�dtTONKA ( 27-133) SPRING PARK BAY �rll, CITY OF ORONO, HENNEPIid COUNTY We have received your letter dated May 7, 1990 and approve your suggested plan to bring your sand blanket into compliance with State law. Please notify us when the excess sand has been removed. A DNR representative will makf� a follow-up inspection to ensure compliance with State regulation. Please notify us by JunE� l, 1990, if the sand cannot be removed this summer. A new schedule for removing the sand would need to be approved by the DNR. We would expect to see the excess material stockpileri as far from ��he water's edge as possible. You are advised that not removing the excess sand constitutes a violation of hiinnesota Statutes, Chapter 105.42, and is considered a misdemeanor. Your cooperation in this matter is appreciated. Please contact me a� 296-7523 if you have any questions. Sincerely, ��---a Ceil Strauss Area Hydrologist �206:kap cc : J. P�iabusth, C i ty of Orono R. Quanbeck , C4innehaha Creek WSD J . Konrad, C.O. AN ECaUAL OPPORTUNITY EMPLOYER :��. / .\y�� STATE OF �� '�'�� [�][�CS ��La � ��'�� / �IINNF.SO'T , DEPARTMENT OF NATURAL RESOURCES ` '�° � P1ETR0 REGION WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONE NO. 296-7523 FILE NO. July 9, 1990 arYOF D C1RON0� � 2 a n��'7��r L��,l.' .� __ __.. hfr. Richard Kail 2915 Casco Point Road Wayzata, ��1N 55391 JUL �, 2 18g� Dear Mr. Kail : RE: UNAUTHORIZED FILL, V90-6208, LAKE MINNETONKA (27-133) SPRING PARK BAY #11, CITY OF ORONO, HENNEPIN COUNTY A follow-up inspection of your property on July 3, 1990 revealed that the unauthorized beach sand has been satisfactorily altered to dimensions that do not require a DNR permit. Because you have chosen voluntary restoration, you are not responsible for any violation or field inspection costs, and violation file V90-6208 has been closed. Please be advised that work in the bed of a protected water without a DNR protected waters permit constitutes a violation of h1innesota Statutes, Chapter 105.42, and is considered a misdemeanor, punishable by fines up to $700 and/or 90 days in jail . Other units of government have jurisdiction over work done in protected waters. The Hennepin County Soil and Water Conservation District, City of Grono, Minnehaha Creek Watershed District, and the U.S. Army Corps of Engineers should all be contacted regarding any jurisdiction requirements they may have over work done in protected waters. Your CO�att"d�lOCl lii �hi5 fid��ci 15 d�F~ECiat��. ��352 C0�1�3Ct pr?P. Hydrologist Ceil Strauss at 296-7523 if you have any questions. Sincerely, °�'`'`�" � J n Linc Stine Regional Hydrologist C206:kap cc : USCOE City of Orono Minnehaha Creek WSD J . Fax, St. Paul Waters S. Walter, C.O. Lake I•tinnetonka �27-133� file #11 AN EG1U L OPPORTUNITY EMPLOYER