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y�P,��OF MINpFSOr9 Minnesota De�artment of Natural Resources m W Metro Waters- 12 Warner Road, St. Paul,MN 55106-6793 D �Q Telephone: (612) 772-7910 Fax: (612) 772-7977 yo ��FNATUaP�Q� CERTIFIED MAII, October 23, 1996 Tracey Marks �G� � .�_i ` 3535 Ivy Place Wayzata, M'innesota 5 5 3 9 Re: Illegal Excavation/Filling ofLake Mu�netonka(27-133-09), City of Orono,Hennepin County Dear Mr and Ms. Marks: In response to a report from a Lake Minnetonka boater, I inspected the lake portion of your lot on October 21, 1996. I found that excavation in the dock azea.had occurred and the spoils had been placed on the bed of Lake Minnetonka. An attempt had also been made to start stabilizing the spoil piles with 6-8" field stone. Activities below the ordinary high water (OFiV� of 929.4' for Lake Minnetonka are subject to DNR jurisdiction, and it is a violation of State law to perform such activities without a DNR permit. You are advised that while it is possible to get a pennit to do dredging in order to gain navigational access (if certain conditions are met), it is NOT pernrittable to place the spoils below the OHW of 929.4'('i.e.,within what is officially considered part of the lake). Most of the area excavated appears to be more of a ditch azea and on the side of the dock where you would not reasonably moor a boat and, therefore, does NOT meet the conditions for a navigational access channel. To be in compliance with State regulations, you must: remove the field stone, regrade the spoils in order to restore the condition of the lakebed that existed prior to the illegal excavation and filling within Lake l�nnetonka, and stabilize the disturbed area. in a manner approved by me or the Nfinnehaha Creek Watershed District (e.g., mulch and seed or an erosion control blanket). This restoration must occur within 10 days of your receipt of this letter. Before the actaal restoration grading occurs, a silt fence must be installed to prevent turbidity or sedimentation outside of the work azea(see the enclosure entitted"6.3 Silt Fence"). Once the restoration has been completed, you must contact me or Conservation Offcer 7im Konrad (at 476-8736) so that completion of the restoration can be verified. In addition to the violation of State laws, you are advised that there were violations of regulations administered by the M'innehaha Creek Watershed District and the City of Orono. Either the Watershed District or the City may require restoration work beyond that required by the DNR. � If you have any questions about the restoration requirements, I can meet you or your representative at the site and clarify. It also may be beneficial to arrange to have a representative of the Watershed District and City on-site at the same time to ensure that their concerns are also addressed. DNR Information: 612-296-6157, t-S00-766-6000 • TTY:612-?96-5484, 1-800-657-3929 - An Equal Opportunity Employer I� Prinred on Rzcycled Paper Con[aining a � Whu Values Diversitv �� Vlinimum uf 10�'r Po+t-Cunsumer Waste