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Home My WebLink AboutRe: from DNR regarding license 87-6100 � - . .3.� �� c.�.z-� s� �.�... f L ' __i�STATE OF C�] !C`��JC��Oo �'tQ _ � ' / �� +-_ INNES(7I�1/ A DEPARTMENT OF NATURAL RESOURCES �r �° 772-7910 Metro Region Waters PHONENO. 1200 Warner Road, St. Paul, MN 55106 FILENO. January 23 , 1991 CERTIFIED r�zL ;�qN . 2 � ��3� A1 Vanderbeke 1850 West Boulevard Long Lake, MN 55356 RE: AMENDED PERMIT #87-6100, V90-6221, MARINA OPERATION AND DREDGING, LARE MINNETONKA (27-133P) , MAXWELL BAY (#24) , CITY OF ORONO, HENNEPIN COUNTY Dear Mr. Vanderbeke: We have attempted to contact Mr. Gayle Wittig several times over the past few weeks and have been informed that he is traveling outside of Minnesota. We are writing to you as Mr. Wittig's representative and with the understanding that you are capable of contacting him. Mr. Wittig was contacted last spring concerning an alleged protected waters permit violation and the need for a detailed field survey of the marina. The DNR survey crew started the survey July 12, 1990, but was unable to complete the detailed field survey due to the conditions on the lake. Ice cover was needed so that the survey crew could accurately obtain the remaining data. The survey crew would like to complete the survey in the near future. Therefore, we request Mr. Wittig's consent to enter the grounds of the marina since they need to tie the survey to on-land reference points estab3ished last July. The detailed survey information, and the explanation of the dredging activities in Mr. Wittig's May 21, 1990 letter to the DNR, will be considered in determining the appropriate remedy to this situation. If we do not receive a response from you or Mr. Wittig within 10 days of receipt of this letter we will assume that there is no objection to the DNR survey crew entering the grounds of the Marina. You and Mr. Wittig will be advised as to when the survey crew will be there. AN EOUAL OPPORTUNITY EMPLOYER . , . . � • Should you have any questions contact Area Hydrologist Ceil Strauss at 772-7910. Sincerely, �^�� /�.�Ze'� G,'°.� John Linc Stine Regional Hydrologist c: Gayle Wittig Ken Harrell, USCOE Ron Quanbeck, Minnehaha Creek WSD John Scherek, Central Waters 3eanne Pdabusth, Ci�y of Orono D. Zappetillo, AFM J. Konrad, C.O. Lake Minnetonka (27-133P) , Maxwell Bay (#25) file � � - � STATE OF LIVUV��Q DEPARTMENT OF NATURAL RESOURCES Metro Waters, 1200 Warner Rd. , St. Paul, MN 55106 PMONE NO. FILE NO. �� . . , � � ��,��a 3 � (o(,p /�1.� CERTIFIED MAIL �''"� February 21, 1991 � 5 �,gg�. �� Mr. Mark Kaster Dorsey & Whitney 2200 First Bank Place East Minneapolis, Minnesota 55402-1498 RE: VIOLATION OF AMENDED PERMIT #87-6100, V90-6221, MARINA OPERATION AND DREDGING, LAKE MINNETONKA (27-133P) , MAXWELL BAY (#24) , CITY OF ORONO, HENNEPIN COUNTY Dear Mr. Kaster: We have attempted to contact Mr. Gayle Wittig several times over the past few weeks and have been informed that he is traveling outside of Minnesota. We are writing to you as Mr. Wittig' s representative and with the understanding that you are capable of contacting him. Mr. Wittig was contacted last spring concerning a protected waters permit violation and the need for a detailed field survey of the marina. The DNR survey crew started the survey July 12 , 1990, but was unable to complete the detailed field survey due to the conditions on the lake. Ice cover was needed to obtain the remaining data. We hereby request immediate authorization to access Mr. Wittig's property and complete the survey. Access to Mr. Wittig's property is required to survey, since they need to survey into reference points established there last July. The detailed survey information, and the explanation of the dredging activities in Mr. Wittig's May 21, 1990 letter to the DNR, will be considered in determining the appropriate follow up action by the Department. If we do not receive a response from you or Mr. Wittig within 5 days of receipt of this letter we will assume that there is no objection to the DNR survey crew entering the grounds of the marina. If access to the marina is denied, we will seek appropriate legal authority to gain access. You and Mr. Wittig will be advised as to when the survey crew will be there. AN EQUAL OPPORTUNITY EMPLOYER .� >i• . Mr. Mark Kaster February 21, 1991 Page (2) Should you have any questions contact Area Hydrologist Ceil Strauss at 772-7910. Sincerely, � �.-� ��l YL"`- Jb�n Linc Stine Regional Hydrologist cc: Gayle Wittig Ken Harrell, USCOE John Scherek, DOW Survey Crew Ron Quanbeck, Minnehaha Creek WSD Jeanne Mabusth, City of Orono D. Zappetillo, AFM J. Konrad, C.O. Lake Minnetonka (27-133P) , Maxwell Bay (#25) file LMCD � �� --�c L.�,� ��--�,�� 3 STATE OF U�J U�J ��LT.� DEPARTMENT OF NATURAL RESOURCES PHONeNo. METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55 FO6N0. 772-7910 , ,.. _ _��'.- � - _�� April 28, 1992 3 � .��v �r F►� Steven M. Christenson "^''' Dorsey & Whitney 2200 First Bank Place East Minneapolis, Minnesota 55402-1498 RE: RESTORATION ORDER, V90-6221, GAYLES MARINA, CITY OF ORONO, HENNEPIN COUNTY Dear Mr. Christenson: Thank you for your letter of April 2, 1992 confirming that your client, Mr. Gayle Wittig, received (on March 26, 1992) the January 16, 1992 Findings of Fact and Order relative to past activities at Gayles Marina. Some clarification of the DNR's position is necessary in response to the questions raised in your letter. * DNR Acquisition of Marina. The interest of the DNR Trails & Waterways Section in acquiring property for a public access on Maxwell Bay is totally unrelated to Mr. Wittig's responsibilities pursuant to the Order. A special task force will be studying lake access issues on Lake Minnetonka and no decisions are expected in the near future. Funds have not been allocated for the larger Maxwell Bay public access alternative that has received recent media attention. Construction of any public access on Maxwell Bay is a minimum of two to three years in the future, and may or may not involve Mr. Wittig's property. * Channel Markers. It is acknowledged that the last marker will be removed promptly. * Bank Stabilization. The Minnehaha Creek Watershed District has agreed to the need for bank stabilization work. A permit from the District will be required. The need for this work has existed for a long period of time. No extensions due to water levels will be considered. * Fillinq With Pea Size Rock. The Department may consider an extension of the deadline for that part of the Order which pertains to the filling of the areas of unauthorized excavation. However, such an extension could only be AN EQUA� OPPORTUNITY EMPLOYER Mr. Steven M. Christenson April 28, 1992 Page 2 considered if an agreement that includes a specific schedule for the work, the contractor, and the construction techniques is completed immediately. In addition, such an extension must be coordinated with the Minnehaha Creek Watershed District. If Mr. Wittig wishes to pursue this possibility, please submit a written plan for review by the Department and the District by May 29, 1992. i1:�resc�lved vi�Zations cf state wa::�r law raould ha�t a�y transaction being considered by the DNR Trails & Waterways Unit. * Fees. The fees are based on actual expenses incurred specif ically for purposes of investigation of the violations addressed by violation file V90-6221. The surveys and associated fees were necessitated by the unauthorized activity and collection of the fees is required by statute and rule. The original Findings of Fact and Order, including Attachment A, will be enclosed with Mr. Wittig's copy of this letter. Please contact Area Hydrologist Ceil Strauss at 772-7910 should you have further questions. Sincerely, �. �= �� hn Linc Stine Regional Hydrologist cc: Gayle Wittig Ron QuanbecK, 'N"iinnehaha Creek Watershed District David Jones, Popham Haik et al. Gene Strommen, LMCD City of Orono Jim Konrad, Conservation Officer John Fax, Central Waters Gordon Kimball, Trails & Waterways Dave Zappetillo, AFM Jon Parker, AWM