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� �. December 28, 1998 Mr. Robert Floyd 960 Ferndale Road West Wayzata, Minnesota 55391 Dear Mr. Floyd: We are in receipt of your December 21 letter, and wish to provide you with the City's perspective on your lakeshore improvement activities. On June 24, 1998 we met on West Ferndale to discuss fill that had been deposited on the lakeshore in the area where you have docks. I explained that any filling within the City of Orono requires a grading or land alteration permit. I further explained that since this fill was near the lake and probably in a flood plain area that, further permits from the DNR or the Minnehaha Creek Watershed District might be required. As a result of this discussion the City did issue an after-the-fact permit which only covered the small quantity of fill you had already placed on the shore near your dock. I stressed that any further work would require additional permits, and would require that better erosion control methods (such as landscaping or riprap) be incorporated into the design before those permits would be approved. On Monday,November 30, 1998 I found large trucks at this site dumping fill into Lake Minnetonka well below the Ordinary High Water Level and several feet out into the lake. A permit had neither been applied for nor issued for this activity. While I understand some of what you are trying to accomplish, proceeding without the proper permits was extremely careless and clearly illegal. In subsequent discussions on site with Jim Hafner of the MCWD and yourself, we agreed on the following: 1. All filling into the lake and the adjoining flood plain would stop immediately. 2. You would immediately begin discussions with the MCWD and the DNR and submit an application to them by the first of the year. 3. After receiving permission from those agencies you must then come to the Orono City Council for final approval in the form of a conditional use permit. Robert Floyd