HomeMy WebLinkAboutcorrespondence with MCWD-1997 . �
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AUG 1 1 1997
By
August 8, 1997
Lake Minnetonka Watershed District
2500 Shadyryvood Road
Suite 19
Excelsior,MN 55331
Dear Boardmembers;
This letter to request petmission to place no-wake buoys 150 feet off-shore around Deering Island,
a property that I own m Oron�,loc2tec�in West A,im B?y of L?1ce!�4in.nete.-zka.The Wa�er Patrol has heen
ineffective in enforcing the ordinance that requires all boat traffic to proceed at minunum-wake speed within
that penmeter.The buoys will confonn to general marine standards.I anticipate that no more than three will
be placed,along the souffi and west shores of the island. Below is a diagram showing their anticipated
placement.
Thani:you for your attention to this matter.
Sincerely
Stephen Fames
PO 593
M�und,MN 55364
w��� �RM �,q Y phone/fax 472-A340
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9 J� OFFICE OF THE COMMISSIONER
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�yT�FNA�JRP�Q� St.Paul,Minnesota 55155-4037
August 11, 1997
Stephen W. Farnes
P.O. Box 593
Mound, MN 55364
Dear Mr. Farnes:
I wish to thank you for showing my staff the erosion problems at Deering Island in Lake Minnetonka on August 4, 1997.
I understand that Senator Gen Olson and Representative Steve Smith also joined you and several other area lakeshore
ev.'^e�s d��ir)�th� ir�spection of this 3TE�. �'!!y sta�f;e�c�,s t~a,zr�sic� ��o5��ms do exist, especialiy at.��e sauth and
east side of Deering Island and at several other nearby locations. ,
You advised my staff that you were requesting the Department of Natural Resources(DNR)to impose a"no wake"area �
on the south side of Deering Island. We understand that you previously petitioned the Lake Minnetonka Conservation
District(LMCD)to establish such a"no wake"zone in this area on at least two occasions in the past, and that LMCD
has not yet agreed to adopt an ordinance that satisfies your concerns.
To clarify our authority in this matter, water surface use zoning can be done in only two ways (reference M.S. §§
868.201-205&459.20 and Minn. Rule 6110.3000-.3800):
(1) the local unit of government would have to propose an ordinance and the Department would need to review
it and either approve or disapprove in writing in 120 days, or
(2) the local unit of government(s) can request the DNR to propose a rule that would impose water surface
use restrictions, subject to final approval by the same local unit of government(s). This applies only in cases: a)where
two or more counties cannot agree on restrictions or b)where state or international boundary waters are involved.
An exception to these procedures has been made in the case of Lake Minnetonka and White Bear Lake.The Legislature
created a lake conservation district for each lake and gave those districts certain authority, including water surface use
zoning. No approval for ordinances adopted by these districts is required from the DNR.
We understand that the LMCD has indicated a willingness to continue to study this issue. Ps�rou discussed with my
staff, the DNR is studying the same issue on the St. Croix and Mississippi River systems. We are attempting to obtain
quantifiable data as to the exact effects of boat wakes on the erosion of shoreline. We will provide any of our findings
to the LMCD and are willing to assist them in any such studies they may wish to undertake on this complex issue.
Staff are also available to advise you and your neighbors in how to deal with the erosion problems you face. Please
feel free to contact either Regional Hydrologist Dale Homuth or Area Hydrologist Ceil Strauss at 772-7910 if you desire
further information or assistance in this regard.
Sincerely yours,
�-N� ��
Ronald Nargang
Deputy Commissioner
cc: Senator Gen Olson Representative Steve Smitli
LMCD Minnehaha Creek Watershed District
, Kathleen Wallace, Regional Administrator
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AUG �'�Rf�9�a i 612-296-6157, 1-800-766-6000 • TTY:612-296-5484, 1-800-657-3929 • FAX:612-296-4799
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' M • LAKE MINNETONKA CONSERVATION DISTRICT
��' -SAYE iNE lI1NE' �V 2500 SHADYWOOD ROAD, SUITE 19• EXCELSIOR, MINNESOTA 55331 •TELEPHONE 612/471-9588 • FAX 612/471-0632
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FqVqT'oN ��g Gregory S.Nybeck,EXECUTIVE DIRECTOR
BOARD MEMBERS September 11, 1997
Douglas E. Babcock ���Eq���
Chair,Tonka Bay
Tom Reese Mr. Stephen Farnes 1991
Vice Chair,Mound ;r;�P � 5
Bert Foster P.O. Box 593
Secretary,Deephaven Mound, MN 55364 � ��;����'��'
Craig Nelson -
Treasurer,Spring Park
Bob Ambrose Dear Mr. Farnes:
Wayzata
Kent Dahlen
Minnetonka Beach
T�,,,r_��..,wr T�e j�lc� M;rnptnnl�a !`nnSv2'V3t.:�!?n1S�.r:.^.± ��.�,�.r.Dj Roar� af�ire:,�ors
Gret henl Maglich reviewed your 8/8/97 request letter to place no-wake buoys 150' off-shore
Minnetonka around Deering Island at it's August 27, 1997 meeting. The consensus of the
Eugene Partyka ��d was that this was more of an enforcement issue rather than the need for
Minnetrista
Robert Rascop buoys. The Board noted that LMCD Code already has established a minimum
Shorewood
Herb J.Suerth wake speed restriction within 150' from shore for the entire lake.
Woodland
Sheldon Wert
Greenwood The LMCD Board of Directors denied your request for these buoys at this
Orono meeting. LMCD staff was directed to forward the 8/8/971etter to the Hennepin
v'�t°�'a County Sheriff s Water Patrol and encourage increased enforcement of the
minimum wake speed restriction within 150' around Deering Island.
In the meantime, we have observed that three illegal buoys have been place on
the west end Deering Island. LMCD Code Section 2.07, Subd. 1 states
"no swimming floats, ski jumps, diving towers, buoys, markers, or other
structures sunounded by navigable water shall be located in the Lake beyond the
authorized dock use area without a permit from the district".
This letter serves as notice that these illegal buoys are to removed from the lake
by no later �h�,� Pf�nday, Segte����er 22, i�97. Failu�e t� do sa w�li requ�rz r�e
to file a complaint with our prosecuting attorney.
Feel free to call me if you have questions or concerns regarding this matter.
Your prompt attention is appreciated.
Sincerely,
LAKE MINNETONKA CONSERVATION DISTRICT
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Gregory . Nybeck
��� Executive Director
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