HomeMy WebLinkAbout16000230130008_Conditional Use Permits_11-21-2001it-lMOOl
OFFICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument #_
was filed/recorded in this office
for record on the day of2002 at 2.'. WJam(^)
Wendy L, Met&If.CpuntyiReco^er
by:*1-ecordina fey
^well certificate
904273
904273
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR CONDITIONAL USE PERMIT
COUNTY OF OTTER TAIL
121 W Junius Suite 130, FERGUS FALLS, MN 56537
(218) 739-2271
COCOMPLETE THIS APPLICATION IN BLACK INK ******/50 ~Application Fee
Receipt Number
R (2ac-iF ^
(''o /Y<-o v’
DAYTIME PHONEPROPERTY OWNER
0 gwT ,Sc ^ a?ADDRESS
LAKE CLASS D/ f- /~LAKE NUMBER " /(^ ^ LAKE NAME
SECTION 2 2 TOWNSHIP /1C aJ RANGE V/ TOWNSHIP NAME
PARCEL NUMBER ,^/6gCc..''jc/ /\/(-.Z / 3'^ '^ ^ E-911 ADDRESS ^
DCi^A-
LEGAL DESCRIPTION
JT^AcT X
CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request)
) Topographicai Aiteratio^( 2) Commercial Use (3) Cluster Development (4) Extractive Use (5) Industrial Use
(6 ) Forest Land Conversion (7 ) Miscellaneous_____________________________________________________
EXPLAIN YOUR REQUEST
cy\ \S E i?
I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER.
^0/5 /0 (
Signature oTproI^rty owner DATE
RECEIVED
OCT 0 9 2001APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will RecF'ive Notification As To The Date/Time Of Hearing)
BK-060(M)06
301,508 • Victor Lundoon Co.. Prinlor* • Fergua Falls, Minnesota UNB S, RESOURCE
Accepted By Land & Resource L & R Official/Date
^on/ XIV >00 I :oo fi^TimeDate Of Planning Commission Hearing
Planning Commission Motion
November 21, 2001:
Motion: A motion by Trites, second by Bergerud to approve a maximum of 100 yards
(80 new), provided none of the fill goes into the existing wetland and that at the discretion
of the Land & Resource Management Office a is culvert is installed.
Voting Yes: Bergerud, Lachowitzer, Maske & Trites.
Voting No: Boyer, Olson, Sha & Zimmerman.
Motion Failed, therefore the request was denied.
hairman/Otter Tail Coynty Planning Commission
Motion by Lee, second by Nelson, to approve a Conditional Use Permit
to fill a maximum of 100 yards (80 new) provided none of the fill goes
into the existing wetland and that, at the discretion of the Land &
Resource Management Office, a culvert is installed. Motion carried 4-1.
The property is described as Pt. of Gov. Lot 1 (tracts X & Y) in section 23
of Dora Township; Hoffman Lake (56-1627).
County Board Action
Approved As Recommended
Denied As Recommended
iA' other rvv>+i'o.n
\lilsjjJjlL
Date of Final Actionairman/otter Tail County Board of Commissioners
L & R Official/D&te
CONDITIONAL USE PERMIT #
Permit(s) required from Land & Resource Management
^ No
Yes (Contact Land & Resource Management)
Copy of Application Mailed to Applicant And MN DNR
I L 4 R Ofncial/Date
re:'”:'-D
O'-r 0 9 ?ooiSTATEMENT
OF LAND D'‘"0'JRCE
BRUCE & ELSIE BRAATEN
This application is at the suggestion of Kyle from the Land & Resource
Management office of Otter Tail County.
I would like to request 100 yards of fill to be placed on the northern edge of the wet
land on my property. In addition I will need to place rip rap on the southern end of
the road to prevent erosion. I made a similar request earlier this summer. That
request was denied because of a tie vote.
I do not believe the commission was aware of the entire story of our property at the
first vote. I will give you a history of it now.
My wife and I purchase this land in 1986. At the time we purchased the land there
was an unrestricted ditch on the property that drained the wetland. This ditch kept
90 to 100 yards of the north edge of my property dry and we had easy access to the
lake. Since the denial of my claim I had to hire a wet land expert to review my case.
A copy of that report has been made available to you. That report found the ditch
in photos in 1972. That was the earliest photos were available.
Sometime in 1994 or 1995 a beaver started to dam the ditch. My wife and I tried to
remove the dam but to no avail. In the fall of 2000 we called Dennis Lang, the area
Game Warden and asked him to blow the dam. Dennis gave us a name of a man
who came out and made sure the beavers were gone and validate that the only way
the dam could be removed is to blow it. Dennis then gave us the name of a man who
was licensed to blow the dam. We called the man and he came out and blew the
dam. The wet land stared to drain back to the condition it was when we bought the
land. One of the problems that still exists is that the beaver dredged a cannel at the
north end of the property from the lake to the beaver lodge, an area about 200
yards south of the proposed road. This area is not draining.
Shortly after the dam was blown our neighbors complained to Dennis Lang and at
that time he issued a restoration order and made us fill in the ditch. This has also
prevented the wet land to drain to the condition it was in when we bought it.
Its our believe that we purchased land in 1986 which had a legal ditch on it. We
contacted the appropriate officials when that ditch became blocked. We used the
people recommended by the game warden. That because of the political influence
of our neighbors we have been injured by the restoration order issued. We believe
that the use of our land as we bought it has been taken from us with out a
condemnation process.
When your committee members came to my land last summer, I had an opportunity
to visit with some of you. I asked several members if they thought there would be a
problem and they said no. Those same members voted against the road after
several of my neighbors came to voice an opposition, not to the road, but to the fact
that we blew the beaver dam.
Aa^
We have been working with Kyle M the Soil & Water District office and we believe
that a possible solution is this road if this ditch is left at its present level. He has
informed me that the Soil and Water Wetland Technical Panel is going to write a
letter of recommendation that this road be approved by you.
I have already received permission from the DNR and the Army Corps. The report
from John Overland, PWS, the wet land expert, indicated that’s the road I am
purposing will not have a negative impact on the wetland and my lawyer, John
Minge has reviewed the county rules and has found that this road will not violate
any of those rules.
Thank you,
Bruce and Elsie Braaten
OTTER TAIL COUNTY PLANNING COMMISSION
NOTICE OF PUBLIC HEARING
APPLICANT: Bruce & Elsie Braaten
42944 Co Hwy 85
DentMN 56528
HEARING DATE/LOCATION: November 21. 2001 at 8:00 P.M. **
Commissioner's Room,
Otter Tail County Courthouse
(Use the West Law Enforcement Entrance)
121 WJunius
Fergus Falls, MN 56537
PROJECT DESCRIPTION (AS STATED ON THE APPLICATION): A Conditional Use
Permit Application to (see other side for request).
LAKE NAME/NUMBER/CLASS: Hoffman Lake (56-1627), RD
E-911 ADDRESS: 42944 Co Hwy 85
LEGAL DESCRIPTION: Pt of GL 1 (tracts X & Y) in Section 23 of Dora Township
** Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus
Falls Radio Stations or contact the Land & Resource Management Office, by 4;30 p.m., for possible rescheduling of the
Hearing.
The above Applicant has made Application to the Otter Tail County Planning Commission
for a Conditional Use Permit as per the requirements of the Shoreland Management
Ordinance of Otter Tail County. Details of the Application are available for viewing at the
Land & Resource Management Office, 121 W Junius Suite 130, Fergus Falls, MN 56537.
Any comments regarding this request may be expressed at the Hearing or forwarded to the
Land & Resource Management Office.
INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE
LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING.
November 7. 2001Bert Olson
Mailing DateChairman Planning Commission
....;-o
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HUl t'K. & F.I,SIF. HUAA I F.N
This u|)|)licnti(in is nl thr sucecstlun iirKylu from the l.and <& Resource
Mnitiiecment office of Otter Tail County.
I M ould like to reuueat 1110 yunis of fill to be placed on the northern edge of the » et
land oh my properly, In addition I a ill need to place rip rap on the southern end of
the road to prevent erosion. I made n similar rei|ucst earlier this summer. That
request sviis denied because of a lie vote.
1 do not believe the commission o as mvnre of the entire .story of our property at the
first vole. I will gi\ e you a history of it non .
My w ife and I purchase this land In llfiti. At the lime we purchased the land there
w as an unrestricted ditch on the properly that drained the svelland. 'I'his ditch kept
yo to mil yards of the north edge of niy property dry and w e hud easy access to the
lake. Since the denial of niy claim I had to hire a wet land expert to review my cose.
A copy of that report has been made available to you. That report found the ditch
in photos in lt)72. I'hat was the earliest photos were available.
Soinclinte in l*)94 or 119? n heaver started to dum the ditch. My w ife and I tried to
remove the dam but to no avail. In the full of 21)00 we called Dennis l.ung..thr area
( iame Warden and asked him to liloiv the dam. Dennis gave us a name of a man
svho eunic out and made sure the heavers sverc gone and validate that the only w ay
the dam could he removed is to blow it. Dennis then gave us the name of a man who
svas licensed to blow the dam. We called the man and he eaine out and blew' the
dam. The w cl land stared to drain back to the condition it was w hen we haughl the
land. One of the problems that still exists is that the heaver dredged a cannel at the
north end of the property from the lake to the heaver loitgc, an area about 200
yards south of the proposed road. This area is not draining.
Sborlty after the dam was blow n our neighbors complained to Dennis Lang and nt
that time he issued a restoration order and made us nil in the ditch. This has also
prevented the wet land to drain to the condition it was in when we bought it.
Us our belies e that we purchased land in I9S6 which had a legal ditch on it. We
conluelcd the appropriate ofTiciuls svhen that ditch beeainc blocked. We u.sed the
people recommended by the game warilen. That because of the polilienl influence
of our neighbors we has e been injured by the restoration order issued. We believe
llial the use of our land as sve bought it has been taken from ns svilh out a
eondemnallon process.
r
When your commiilee members came to my land last summer, I had an opportunity
to visit ss ilh some of you. I asked ses eral members if they thnuglit there would be o
problem and they said no. Those same members voted against the rnad after
ses eral of my neighbors ramc to s iiiee an opposition, not to the road, hut In the fact
that we bless the beaver dam.
We have been ss orbing svith Ks le the Soil & Water District olTire and sve bcllcse
that a possible solution is this road if this ditch is left at its present level. He has
informed me that the Soil and Water Wetland Technical Panel is going to write a
letter of rccoinniendnlion that this road be approved by you.
I bas e already reccised permi.ssion from tbe DNR and the Army Corps. Tbe report
from John Overland, PW'S, the svet land expert, indicated that’s the road I am
purposing svill not hnse u negative impact on the wetland and my Insvyer. Jtdin
Mingc has reviesved the county rules and has found that this road svill not violnlc
any of those rules.
I
Thank s■ouJ....-
■truce and F.lsie Omalen
EAST OTTER TAIL SOIL AND WATER
CONSERVATION DISTRICT
655 3rd Avenue SE
Perham, Minnesota 56573-1719
Telephone (218) 346-4260
MINNESOTA
SOIL AND WATER CONSERVATION DISTRICTS
RECEIVED
NOV 2 1 2001November 20, 2001
Otter Tail County Planning Commission
121 West Junius
Fergus Falls, MN 56537
LAND & resource
Dear Planning Commission members:
This is a letter to inform you of the findings of the Wetland Conservation Act Technical
Evaluation Panel (Kyle Westergard, Otter Tail County Land & Resource Office, Pete
Waller, Miimesota Board of Water & Soil Resources, Shelley Becklund, East Otter Tail
Soil & Water Conservation District) in regard to property owned by Bruce Allen Braaten,
located in Gov’t Lot 1, section 23, Dora Township of Otter Tail County.
Mr. Braaten has violated the Minnesota Wetland Conservation Act by placing fill in the
wetland located on his propertjN Mr. Braaten has impacted approximately 1,500 sq. ft. of
a type 3 wetland by placement of fill materials for a road to his lakefi-ont property.
The Technical Evaluation Panel (TEP) using WCA sequencing procedure (avoidance,
minimization, and replacement), determined that Mr. Braaten has no other way to access
his lakeffont property other than through the weflan^. He previously made a WCA
application for replacement at a 2:1 ratio on site.
Should the Planning Commission reevaluate and approve Mr. Braaten’s replacement
request, the WCA Technical Evaluation Panel makes the following recommendations:
❖ Wetland impact should be minimized by allowing no new additional fill in
wetland.
❖ A culvert should be placed under the road at an elevation determined by the Land
& Resource Office.
❖ Replacement of impacted area will take place on site on landowner’s property
AN EQUAL OPPORTUNITY EMPLOYER
I.*
❖ A new restoration order will be issued, by the Soil & Water Conservation District
Office based bn approval of the project by the Planning Commission and which
will supercede the previous restoration order.
❖ The restoration order will be rescinded based, upon agreement of the Technical
Evaluation Panel members that all conditions of the approved replacement plan
have been met afterthe project is completed.
,1
Sincerely,
;Shelley Becklund
WCA TEP member :
1
Cc: Pete Waller
Kyle Westergard
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11/20/2001 08:21 2183464262 EGT USDA SERV CENTER RASE 01
EAST OTTER TAIL SOIL AND WATER
CONSERVATION DISTRICT
received
NOV 2 0 2001 FwMFi. idwinu
(Sjq
LA.ND & RESOURCE
MINNESOTA
SOIL AND WATER CONSERVATION DISTRICTS
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SUBJECT:. \:
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FAX: 218-346-4262!i;
PHONE: 218-346-2050 ■:Li.
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FROM:
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Ruth Johnson
District Technician
Shelley Beckliind
District Manager
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Troy Baumgart
District Technician
Deb Sazama
District Clerk
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•I:
•;AN EQUAL OPPORTUNITY EMPLOYER •j
PAGE 02EQT USDA SERV CENTER11/20/2001 08:21 2183464262
EAST OTTERTAIL SOIL AND WATER
CONSERVATION DISTRICT
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•.• :655 3rd Ab^rute 5E
Pertiam. Minnesota 56573-1719
Telephona (218) 346^4260;
;
MINNESOTA
SOU. AND WATER CONSERVATION DISTRICTS :f
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November 20, 20D1
received ;
NOV 2 0 2001Otter Tail County Planning Commission
121 West Junius
Fergus Falls, MN 56537
U :
:•
LAND & RESOURCE : i
• :4
Dear Plaamiug Commission members:
This is a letter to inform you of the findings of the Wetland Conservation Act Technical
Evaluation Panel 0fCyle Westergard, Otter Tail County Land & Resource Office, Pete >
Wfidier, Mimiesota Board of Water & Soil Resources, Shelley Becklund, East Otter Tail - v
Soil & Water Conservation District) in regard to property owned by Bruce Allen Brantdo,
• located ui Gov’t I^t 1, section 23, Dora Township of Otter Tail County.
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' 11;Mr. ;Braaten has violated the Minnesota Wetland Conservation Act by placing fill in thd, . ^ V . i?
wetlandlocatcdohhispropcrty. Mr. Braaten has impacted approximately 1,500 sq.ft. 0^ :i. v.i
a type 3 wetland by placement of fill materials for a road to Ms lakefitmt property. . (• | .
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The Technical Evaluation Panel (TEP) using WCA sequencing procedure (avoidance,
minimization, and replacement), determined that Mr. Braaten has no other way to access his l^^eftont property other than through the we^lanA. He previously made a WCA
application for replacement at a 2.T ratio on site.
Should tiie Plannihg Commission reevaluate and approve Mr. Braaten’s replacement
request, the WCA Technical Evaluation Panel makes the following recommendations:
^ Wetland impact should be minimized by allowing no new additional fill in
wetland.
■2* A culvert should be placed under the road at an elevation detennined by the Land
& Resource Office.
4* Replacement of impacted area will take place on site on landowner’s property
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::AN EQUAL OPPORTUNITY EMPLOYERJ. •
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PAGE 03EOT USDA SERV CENTER11/20/2001 08:21 2183464262m
❖ A new restomtion order will be issued by the Soil & Water Conservation District
Office based on approval of the project by the Planning Commission and which
will supercede the previous restoration order.
❖ The restoration order will be rescinded based upon agreement of the Technical
Evaliration Panel members that all conditions of the approved replacement plan
have been inet after the project is completed.
•:
:
!:
Sincerely,
Q
Shelley Becklund
WCA TEP member
I
Cc; pete Waller
Kyle Westergard ;
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RECEIVED
NOV 1 9 2001To the Planning Commission and Board
Reference: Conditional Use Permit Application for; Bruce and Elsie Braaten LAND & RESOURCE
Hearing Date: November 21, 2001 at 8:00 P.M.
Commissioner’s Room
Otter Tail County Court House
From: Concerned members of Hoffman Lake Association and Neighbors
This is a statement in reply to the application of the for-mentioned party.
As to the request for 100 yards of fill to be placed on the northern edge of this wetland. Yes, that
request was made before, except it was for 200 yards of fill, which was denied. Not only by a tied planning
commission vote, but also by a unanimous Board vote.
But no more than 3 days after that final vote was made Mr. Braaten had begun filling where he
knew he was not suppose to. Thus bringing upon his own problems, at the planning commission meeting he
was also advised on alternate means to access the lake.
We do believe the commission is aware of what is going on in this situation, but we would like to
point out some facts and history about this case.
As for the blowing out of a supposed Beaver dam, there are several residents and neighbors of the
lake and area including a Wetland Specialist and the Braaten’s supposed Beaver expert that say this was no
more than a land bridge.
The permission that the Braaten’s received to blow this land out, was admittedly premature, and
should have been looked at first, according to Dennis Lang (DNR). Dennis Lang made this statement to
Wetland Specialist Tracy and adjoining neighbor Jay Maki while looking at the damage a couple days after
it took place. We would also like to add that Mr. Braaten and/or his dynamite man trespassed on adjoining
neighbor. Sue Gordon/Jay Maki’s property to perform this act.
Another couple of incidents of interest that also took place involving Mr. Braaten and the wetland
recently, was the burning of vegetation on the wetlands. In which Fire Departments from Dent and Vergas
had to respond and one of the times he was sited and fined for his actions.
While Bruce Braaten’s behavior is rather disturbing to the lake association and neighbors, the
larger concern among us, is the Precedence that this sets from the kind of actions that are being allowed to
take place with no consequence, and future Wetland issues.
We as lakeshore owners are supposed to adhere to specific rules and regulations to preserve the
Lands and Waters, also Wetlands. And if we have questions or need advice on how to handle situations
there is Documentation and Personnel at our disposal. Ref Wetland Regulation in Minnesota - Advice for
Project Applicants.
We do take offense that Mr. Braaten thinks political influence is injuring him.
The only one injuring him is himself!
In Closing: Nature goes in cycles. Water height in any Lowland or Wetland will fluctuate, and that goes
with Lakes, Streams, Rivers, etc. affecting many people as we well know. So lets keep to the Regulations
and for the reasons they were put there. If Mr. Braaten would have followed the proper rules and
regulations concerning this issue, you (The Board), more than likely wouldn’t be reading this letter. Only
when confronted with his actions, did Mr. Braaten start back peddling and applying for permits.
We would just like to add that our Secretary Treasurer of Hoffman Lake Association, Sue Gordon
has been in close contact with Bill Koehler of Land and Resource Department on this Issue since Mr.
Braaten began hauling fill into the wetland.
Thank you.
Hoffman Lake Association
November 20, 2001
Otter Tail County
To Whom It May Concern:
We (Bennett and Deborah Borstad) purchased a lot south of the Braaten land
in the late 1980’s. Bennett and I recall that the land had a stream on the
south end of it that drained a cattail area into the lake. The Braatens’ had
some buildings on the north end of their property on the lake and had about a
100 yards wide of dry land from the bam to the lake. Bennett and I assisted
in the construction of this bam.
Sincerely,
Deborah Borstad
11-19-01
To whom it may concern:
I am writing in regards to the land that is on Bruce and Elsie Bratten’s property.
I have been invited out to their property many times to ride the horses and the land around the bam and the
land that went to the lake was always dry. We never had any problems riding the horses around that area.
There was never any water standing by the either as we would use that for getting the horses ready.
Sincerely:
Tammy Loerzel
November 20, 2001
To Uie planning commission of Otter Tail County.
Dear Sirs and Madams:
Our names are Richard and Veronica Bergeron. We are writing tliis letter in regards to tlie permit tliat tlie
Braaten’s are requesting.
We were one of the first people to buy a tot in tlie Dirks addition. We knew the Braatens’ when tliey
purcliased tlie land for which tlie permit is being applied for. We can attest Uiat tlie nortliem area of their
property was dry when diey purchased it and tliat tliey built a bam and liay shed in tlie area in question.
Tliey liad free dry access to their lake. Tliere was a stream at tlie soutliera end of their properly tliat drained
tlie water in tlie slough into tlie lake.
Sincerely,
Richard and Veronica Bergeron
/Scale:.grid(s) equals feet, or Jnch(es) equals feet
OcT^rS(F^
Please use this sheet for the required scale drawing of your proposal. Be sure to include lot dimension, water
frontage, and setbacks from RW, lake, lot lines, sewage system, top of bluff, existing structures and all imper
vious surface.
Required impervious surface coverage calculation (See definition in Shoreland Management Ordinance)
l-'X 100 =%
Total Impervious
Surface Onsite
(FT2)
Total Lot Area
(FT2)-+
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RECEIVED
OCT 0 9 2001
1
LAND&RE.SOURCe
Signature Dated
BK — 0500 — 029 304.678 * Victof Lundoen Co.. Primers • Fergus Falls. MN • 1-600-346*4870
▲ Northern Environmentar 16543 State Hwy 371
Brainerd, Minnesota 56401
218-825-9001
1-800-498-3922
Fax 218-828-8600
Hydrologists • Engineers • Geologists
August 24, 2001
(HOF06-3100-0373P.ECE1VED
OCT 0 9 2001Mr. Bruce A. Braaten
42944 County Highway 85
Dent, MN 56528 LAND & RESOURCE
Wetland Determination on Hoffman Lake Property in Otter Tail County, Minnesota.RE:
Dear Mr. Braaten:
In August of 2001 you contacted Northern Environmental for assistance in determining the current
jurisdictional status and history of a low area at the northern end of your property. This low area was
located between your building and the upland lakeshore. During phone conversations and an August 22,
2001 site visit you stated that the northern-most end of the low area was dry for many years and did not
hinder your access to the lake. In approximately 1994 a beaver constructed a dam across the outlet of the
wetland to Hoffman Lake and raised the water levels in the wetland on your property. It is your
contention that the increased water level, resulting from the beaver dam, caused wetland conditions to
develop in the formerly dry area that once provided unhindered access to the lake.
Northern Environmental visited your property on August 22, 2001 to assess the area and make a
determination on the jurisdictional status of the area. Procedures specified in the 1987 Corps of
Engineers wetland delineation manual were used to make the jurisdictional wetland determination. Past
aerial photos, soils maps. National Wetland Inventory maps, and topographic maps were evaluated for
additional information in making the determination.
The Soil Survey of Otter Tail County mapped the low area as Haslie-Nidaros soils, ponded (1230) and the
adjacent upland as Lida-Two Inlets complex (1196B) (Figure 2). The Haslie-Nidaros mapping was
consistent with the observed depressional area on the property. Three soil borings were performed and
documented during the site visit. The first boring was located in obvious wetland and adjacent to the
channel on the north end of the wetland. This soil boring showed mucky peat to a depth of 12 inches,
then black mucky sand. The second boring was located in the transitional wetland area and consisted of
black mucky loam and sand over reduced sand. The third soil boring was located in the obvious upland
area and consisted of a 12-inch A horizon over reduced loamy sand with redoximorphic features.
Conditions required for organic soils to develop include prolonged periods of continuous inundation or
saturation.
The National Wetlands Inventory (NWI) map of the site showed a PEM/SSlCd wetland on the site that
was consistent with the location of the depressional area (Figure 3). The “d” modifier in the NWI
classification indicates a drainage alteration to the wetland, and the examination of aerial photos showed
that the outlet from the wetland to Hoffman Lake was an excavated ditch. The USGS topographic map
for the site (Star Lake quad.) shows the ditch in place when it was completed in 1972.
A review of NRCS aerial slides was used to evaluate past site conditions and historic hydrologic
conditions in the area of interest. The number of slides available to review conditions prior to the beaver
dam being constructed was limited and only two years (1991 and 1992). Despite the limited information,
however, there was an apparent trend from drier site conditions to definite wetland conditions. The more
recent slides showed obvious wetland conditions and areas of open water throughout the entire
\\Brainerd\brainerd\PROJECTS\ACTIVE\G_TO_L\HOF\Braaten Report.doc
depression, while the photos from 1991 and 1992 showed that the entire depressional area was noticeably
drier. While it cannot be conclusively stated that wetland conditions did not exist in the area of interest
prior to the beaver dam, it can be stated that conditions were drier during these years than they currently
are.
Examinations of vegetation, soils, and hydrology, as outlined in the 1987 U.S. Army Corps of Engineers
Wetlands Delineation Manual (87 Manual) (Environmental Laboratory 1987), were used to characterize
and determine delineated wetland boundaries currently present on the site. During the site visit it was
determined that wetland conditions were currently present in the area of the constructed trail and that
some fill material was located in wetlands.
Historically, the area in question possessed wetland characteristics long enough for organic soils to
develop. At some point prior to 1972 a ditch was excavated through the ice ridge and the wetland was
drained east into Hoffman Lake. This drainage most likely lowered the water level in the wetland
sufficiently for the area on the north end of the property to be utilized for access to the lakeshore. In
approximately 1994 a beaver constructed a dam across the drainage ditch and raised the water levels to an
elevation more consistent with the longer-term history of the site. The increased water level resulted in
wetland conditions returning to, or becoming more apparent, in the area of the access trail. The access to
Hoffman Lake that was once passable without the need for fill material is now too wet to provide for
reasonable access without the use of fill material.
Whenever impacts are proposed to wetlands, there must be efforts made to avoid and minimize these
impacts. The access trail at the north end of the Braaten property avoids and minimizes unnecessary
impacts to the wetland by locating the trail at the narrowest crossing point and constricting the trail width
to only what is needed to provide reasonable access to the lake. An access path at this location that meets
the requirements of avoidance and minimization would not alter the hydrology or character of the wetland
as a whole.
Wetland and property boundaries indicated on figures in this report are approximate.
If you have any questions about this report please call me at (218) 825-9001. Thank you for the
opportunity to assist you with your project and let me know if I can offer any additional assistance.
Sincerely,
Northern Environmental
Technologies, Inctyrporatr
V John D. Overland, P^S
^'Prejeefr ManagerAVetland S'lecjialist
\\Brainerd\brainerd\PROJECTS\ACTIVE\G_TO_L\HOF\Braaten Report.doc
FIGURES
APPENDIX A:
Field Data Sheets
A Northern Environmentar 16543 State Highway 371
Brainerd, Minnesota 56401
218-825-9001
800-498-3922
Fax 218-828-8600
Hydroiogist ■ Engineers ■ Geologists
Date: 08/22/01Project/Site: Braaten-Hoffinan Lake
Investigator: J. Overland. K. Hansen
Location: SW SW Sec. 24, T136N, R41W County, State: Otter Tail. MN
Client/Owner: Bruce Braaten
Wetland No.:
Sample No.: SP 1-1 wet
Wetland Type: PEM 1 F/B 1
Do normal circumstances exist in the plant community? Yes X No____
Have the vegetation, soils, and/or hydrology been significantly disturbed? Yes X No___
If yes, explain the disturbance: Hydrology has been altered bv drainage in the past.________
VEGETATION
Non-dominant SpeciesDominant Species
Indicator
Status
Indicator
StatusStratum Scientific Name StratumScientific Name
H OBLTypha Spp.
Lemna minor OBLF
Eoilobium coloratum H OBL
H OBLBidens cemua
Percent of dominants with status of OBL, FACW, and/or FAC: 100%
FAC - Neutral test passed? Yes____No
Is the Hydrophytic Vegetation criterion met? Yes X No____ Undetermined
Greater than 50%? Yes X No
N/A X
SOILS
On Hydric soils List or a histosol? Yes X No____N/A
Mapped as wet spot on Soil Survey? Yes X No___
Sulfic odor Yes X No___
Concretions Yes___No X
Mottled matrix Yes___No X
Soils mapped as: Haslie and Nidaros soils, ponded
Are any of the following present:
Histic epipedon
Gleyed or Low chroma matrix (below A horizon) Yes X No____
High organic in surface layer of sandy soils Yes
Yes X No
No X
Profile Description:
Texture Hydric Features PresentMatrix ColorHorizonDepth (Inches)
Black Mucky peatOa0-12
Mucky sand & mucky peat Sulfic odorN2/012-28 A
NRCS Field Ind.: )Hydric Soil criterion met? Yes X No____ Undetermined____ (87 Manual Ind.: Wc
HYDROLOGY
. Oxidized Root Channels?
___Water-Stained Leaves?
___Mapped Hydric Soil, Depression?
___Other, Explain:________________
___Inundated?
X Saturated?
___Free Water? Depth;in
___Water marks, drift lines, sediment
deposits, or drainage patterns?
Depth in
___Topographic Position?
___Flattened Vegetation?
___FAC-Neutral Test?
inDepth
Is the Wetland Hydrology criterion met? Yes X No Undetermined
JURISDICTIONAL DETERMINATION AND COMMENTS
Is the sample point within a wetland? Yes No___ Undetermined
Comments: 4)1 criteria met.______________________________________
Distance fi'om delineated edge: FT*
A Northern Environmentar 16543 State Highway 371
Brainerd, Minnesota 56401
218-825-9001
800-498-3922
Fax 218-828-8600
Hydrologist ■ Engineers ■ Geologists
Client/Owner: Bruce Braaten Date: 08/22/01Project/Site: Braaten-Hof&nan Lake
Investigator: J. Overland. K. Hansen
Location: SW SW Sec. 24, T136N. R41W County, State: Otter Tail. MN
Wetland Type: PEM 1 F/B Wetland No.:
Sample No.: SP 1-1 trans.
1
Do normal circumstances exist in the plant community? Yes X No___
Have the vegetation, soils, and/or hydrology been significantly disturbed? Yes X No___
If yes, explain the disturbance: Hydrology has been altered bv drainage in the oast._______
VEGETATION
Dominant Species (continued)Dominant Species
Indicator
Status
Indicator
StatusScientific NameScientific Name Stratum Stratum
Verbena hastataHOBL H FACW+Typha Spp.
Urtica dioacaFAC+Rumex crisnus H H FAC+
Ambrosia artemisiifoliaVerbascum thansus H FACU- FACUH
Grass Son.H Wet WetPolygonum Spp.H
Eunatorium oerfoliatum H FACW+
H.FAriTr^ircnim arvpn^p
Greater than 50%? Yes X NoPercent of dominants with status of OBL, FAC W, and/or FAC: 70%
FAC - Neutral test passed? Yes X No
Is the Hydrophytic Vegetation criterion met? Yes___ No X
N/A
Undetermined
SOILS
Soils mapped as: Haslie and Nidaros soils, ponded
Are any of the following present:
Histic epipedon
On Hydric soils List or a histosol? Yes X No N/A
Mapped as wet spot on Soil Siu^ey? Yes X No___
Sulfic odor Yes X No___
Concretions Yes___No X
Mottled matrix Yes
Yes
Gleyed or Low chroma matrix (below A horizon) Yes X No___
High organic in surface layer of sandy soils Yes X No___
No X
No X
Profile Description:
TextureMatrix Color Hydric Features PresentHorizonDepth (Inches)
Mucky loam Sulfic odorN2/00-12 A
N2/0 Sand12-22 Aj
10YR3/1 SandAt22-26
Hydric Soil criterion met? Yes X No___ Undetermined___ (87 Manual Ind.: 44f2b NRCS Field Ind: SI
HYDROLOGY
. Oxidized Root Channels?
Water-Stained Leaves?
___Mapped Hydric Soil, Depression?
___Other, Explain:______________
Inundated?
X Saturated?
Depth: in
E)epth: 16 in
X Free Water? Depth: 16 in
___Water marks, drift lines, sediment
deposits, or drainage patterns?
___Topographic Position?
___Flattened Vegetation?
___FAC-Neutral Test?
Is the Wetland Hydrology criterion met? Yes X No___ Undetermined___
JURISDICTIONAL DETERMINATION AND COMMENTS
Is the sample point within a wetland? Yes___No X Undetermined
Comments: Wet = FACW or OBL in vegetation indicator status. Water at 16” after 2 minutes.
Distance fi'om delineated edge: 5FT
A Northern Environmentar 16543 State Highway 371
Brainerd, Minnesota 56401
218-825-9001
800-498-3922
Fax 218-828-8600
Hydrologist ■ Engineers ■ Geologists
Date: 08/22/01Project/Site: Braaten-Hoffinan Lake
Investigator: J. Overland. K. Hansen
Location: SW SW Sec. 24. T136N. R41W County, State: Otter Tail. MN
Client/Owner: Bruce Braaten
Wetland No.:
Sample No.: SP 1-1 up
Wetland Type: PEM 1 F/B 1
Do normal circumstances exist in the plant community? Yes X No____
Have the vegetation, soils, and/or hydrology been significantly disturbed? Yes X No___
If yes, explain the disturbance: Hydrology has been altered bv drainage in the past.________
VEGETATION
Dominant Species Non-dominant Species
Indicator
Status
Indicator
StatusScientific NameStratum StratumScientific Name
Trifolium pratense H FACU+
H FACU+Poa comoressa
FACUCirsium arvense H
Bromus mollis UPLH
Greater than 50%? Yes___No XPercent of dominants with status of OBL, FACW, and/or FAC: 0%
FAC - Neutral test passed? Yes____No X N/A_____
Is the Hydrophytic Vegetation criterion met? Yes____No X Undetermined
SOILS
On Hydric soils List or a histosol? Yes X No________N/A
Mapped as wet spot on Soil Survey? Yes X No ___
Sulfic odor Yes___No X
Concretions Yes___No X
Mottled matrix Yes___No X
Soils mapped as: Haslie and Nidaros soils, ponded
Are any of the following present:
Histic epipedon
Gleyed or Low chroma matrix (below a horizon) Yes____No X
High organic in surface layer of sandy soils Yes X No____
Yes No X
Profile Description:
Texture Hydric Features PresentMatrix ColorHorizonDepth (Inches)
Sandy loam10YR2/1A0-12
lOYR 4/6 few distinct2.5Y 4/2 Loamy sandB12-22
Hydric Soil criterion met? Yes____No X Undetermined_____ (87 Manual Ind: 44fl NRCS Field Ind: S5
HYDROLOGY
. Oxidized Root Channels?
___Water-Stained Leaves?
___Mapped Hydric Soil, Depression?
X Other, Explain: No evidence found.
Inundated?
Saturated?
Depth: ___ in
Depth:
___Free Water? Depth:
___Water marks, drift lines, sediment
deposits, or drainage patterns?
___Topographic Position?
___Flattened Vegetation?
___FAC-Neutral Test?
in
in
Is the Wetland Hydrology criterion met? Yes___No X Undetermined
JURISDICTIONAL DETERMINATION AND COMMENTS
Is the sample point within a wetland? Yes___No X Undetermined
Comments: No criteria met.______________________________________
Distance from delineated edge: 5FT
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY COURTHOUSE, FERGUS FALLS, MN 56537
STATE OF MINNESOTA )'
) ss
COUNTY OF OTTER TAIL )
;
I, Marsha Bowman, duly appointed and Acting Secretary of the Otter Tail County
Planning Commission^or Otter Tail County, Minnesota, do hereby certify that onthfa 0 th Hay of_IMSLl___, 2001, the attached Notice of Hearing and was duly
served upon the following:
A
. i^ CourthouseCounty Sheriff
County Highway Engineer
Otter Tail COLA, John Matteson, R#2 Box40W, Battle Lake, MIM 56515
MPCA, 116 E Front St., Detroit Lakes, MN 56537
Terry Lejcher, DNR, Div. of Waters, 1221 E Fir Ave, Fergus Falls, MN 56537
Bruce Winterfeldt, DNR, Trails & Watenways, 1221 E Fir, Fergus Falls, MN 56537
Arlin Schalekamp, DNR, Div.of Fisheries, 1221 E Fir Ave, Fergus Falls; MN 56537
Doug Wells, DNR, Div. of Wildlife, 1221 E Fir Ave, Fergus Falls, MN 56537
•‘-■V
.■I
Same
Envelope
Planning Cdfrirnission Members, Township Clerk,JLake Association, surveyor (if appropriate) and those listed on the attached sheet..., ______^
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and
by depositing them in the U.S. Mall at Fergus Falls, MN, properly addressed to each
of the above named at the addresses shown above.
Secretary
(8-total)
(PC/Affidavit)01/01
Planning Commission
November 21, 2001
Page 3
Bruce & Elsie Braaten - Motion Failed / Denied:
A Conditional Use Permit Application for 100 yard of fill to be placed on the northern edge
of the wetland on my property. In addition I will need to place riprap on the southern end
of the road to prevent erosion. I made a similar request earlier this summer. That request
was denied because of a tie vote. The property is described as Pt of GL 1 (tracts X & Y)
in Section 23 of Dora Township; Hoffman Lake (56-1627), RD.
Bruce & Elsie Braaten represented the Application.
Jay Maki expressed concerns regarding the wetland regulations - stating that they should
have been followed from the start. Lorna Jacobson expressed concerns that a wetland is
being drained.
Motion: A motion by Trites, second by Bergerud to approve a maximum of 100 yards (80
new), provided none of the fill goes into the existing wetland and that at the discretion of
the Land & Resource Management Office a is culvert is installed.
Voting Yes: Bergerud, Lachowitzer, Maske & Trites.
Voting No: Boyen, Olson, Sha & Zimmerman.
Motion Failed, therefore the request was denied.
Eagle Lake Township - Approved With Conditions:
A Conditional Use Permit Application to raise road grade. Due to high water levels on
Hancock Lake, Township Road (140*'' St.) was under water along the south end of
Hancock Lake. Due to safety & accessibility issues, the Township is requesting to place
fill in the lake to allow for the needed grade raise. This is an After-the-Fact Application.
The project is located on 140"’ St. along the south side of Hancock Lake in Section 13 of
Eagle Lake Township: Hancock Lake (56-255), NE.
David Braud (Townboard Member), Jeff Coon (Widseth, Smith, Notling Engineers) &
Dennis Schmidt (Townboard Member) represented the Application.
Tom George expressed concerns regarding backed-up water on the slough side and
indicated that the riprap needs to be extended.
Motion: A motion by Sha, second by Lachowitzer to approve provided: 1. In the area
where the silt fence is in the water, a 3:1 sloped shoulder with riprap be installed. 2. The
County Engineer approves the stabilization of the project. Voting: All members in favor.
Break: At 10:10, the Commission took a 5 minute break.
Donald & Julie Pfau - Tabled to March 2002:
A Conditional Use Permit Application to: We didn’t know that we needed a permit to do
landscaping on our lot. We leveled a portion of the lot for a future garage to be built. We
would like to finish landscaping the slope with rock-faced block and slant retaining wall to
prevent erosion. Also, seed grass and plant some trees, shrubs & etc. We finished riprap
shoreline underlined with filtration tarp. We used some fill from top to level below the
slope which was really rough and tree stumps protruding from the ground (also a lot of
poison ivy). We also used fill from the top to add from the approach or driveway to future
building site. The property is described as Lot 13 BIk 1 Engstrom’s Beach 5"’ Addition in
Section 18 of Edna Township; Big McDonald Lake (56-386), RD.
Donald & Julie Pfau represented the Application.
__
OTC Board of Commissioners
November 27, 2001
Page 3
Conditional Use Permit - Bruce & Elsie Braaten:
Land & Resource Director, Bill Kalar, explained that this request failed on a 4-4 vote and the
Planning Commission offered no alternative motion. Bruce Braaten stated that the SWCD Tech
Board, DNR, and Army Corps of Engineers have approved filling the area. He stated that this is
the only access to the lake and there will be no impact to the environment. Mr. Kalar noted that
this is an after the fact permit request. This is a wetland and a ditch plug has been put in and is
being monitored by the SWCD so the slough is not draining. Motion by Lee, second by Nelson, to
approve a Conditional Use Permit to fill a maximum of 100 yards (80 new) provided none of the fill
goes into the existing wetland and that, at the discretion of the Land & Resource Management
Office, a culvert is installed. Motion carried 4-1. The property is described as Pt. of Gov. Lot 1
(tracts X & Y) in section 23 of Dora Township; Hoffman Lake (56-1627).
Jay Maki expressed opposition to the Braaten CUP request and referred to a letter sent to the
County Board. County Attorney, David Hauser, read the letter from Loma Jacobson, a neighbor to
the Braatens. The letter also expressed opposition to the Braaten CUP request.
Conditional Use Permit - Eagle Lake Township:
Motion by Mosher, second by Block, and unanimously carried to approve a Conditional Use Permit
for an after the fact permit to raise the grade of a township road (140*^ St.) with conditions as
recommended by the Planning Commission. The project is located on 140“^ St. along the south
side of Hancock Lake in Section 13 of Eagle Lake Township: Hancock Lake (56-255).
Conditional Use Permit - Gravstone on Otter Tail, Inc.:
Motion by Froemming, second by Mosher, and unanimously carried to approve a Conditional Use
Permit to expand/remodel with conditions as recommended by the Planning Commission. The
property is described as Lots 14 & 15, BIk 4 of Bonita Beach, Bonita Beach Rearr Res 1-2-3, Lot A
"Blk"3 and Lot 1 BIk 1, Round Lake Beach First Addition (unrecorded plat). Section 5, Everts
Township: Otter Tail Lake (56-242).
Conditional Use Permit - David Stock:
Motion by Mosher, second by Lee, and unanimously carried to approve an after the fact
Conditional Use Permit to install tile as presented. The property is described as SE% & EViSWA
in Section 12 of Western Township; Faunce Lake (56-954), NE & Unnamed Tributary (56-TR).
Final Plats
Haugen’s Point First Addition:
Motion by Lee, second by Nelson, and unanimously carried to approve the final plat of Christine H.
Malmstrom, trustee of Douglas C. Haugen Family Trust, known as “Haugen’s Point First Addition”
located on Gov. Lots 2 & 3 of Section 17, Township 137N, Range 42W, Dunn Township, Bass
Lake.
Pleasant Grove First Addition:
Motion by Froemming, second by Mosher, and unanimously carried to approve the Final Plat of
Beverly.Enterprises known as “Pleasant Grove First Addition” located on Gov. Lot 1, Section 32,
Township 134N, Range 40W, Amor Township.
OTTER TAIL COUNTY
Conditional Use Permit # _______
Owner’s Name fji<cU3jfe^n_________ _______________
Co ?? (]e^ kTaJ
Location: LakeNo^pj^y Sec. Twp. Ranged/ Twp.
iL^OOO-^^lbO-oo 7 /^^OW Ot^-oo?
Work Authorized: ^0 ah ^0^ 100 No-^S C ^0 ^ dro\/ui^cl ir<^y^— >
()•(- (iil (f/^es c/w^-fo '^csfcf^ U/C'ffew.
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Addresst
;
5'/>^ /<? -3f/P-^ / 0>-Expires:Issued:
■. i Land and Resource Management Official
A>ril i5^1. Earthmoving shall be done between
■,v
2. Entire area shall be stabilized within 10 days of the completion of any earthmoving.
3. Owner is legally responsible for all surface water drainage that may occur.
4. No fill shall enter or be taken from the beds of a public water without a valid permit from the State of Minnesota Department of
Natural Resources.
5. If the terms of this permit are violated the entire permit may be revoked and the owner may be subject to legal prosecution.
6. This'card'shall"biErplacedirra“consplcaoas~place'normore than 4 feet above grade on the premises on which work is to be done,
and shall be maintained there until completion of such work.
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Department of
LAND AND RESOURGE MANAGEMENT
OTTER TAIL COUNTY
121 W. JunIus Ave., Suite 130
Fergus Falls,:MN 56537
Ph: 218-739-2271 Ext. 225
•Otter Tail County’s WEBSitE: www.co.ottertair.rnn.us
August 22, 2002
Bruce Braaten
42944 County Hwy 85
Dent MN 56528-9044
RE; Wetlands, Pt GL 1, Section 23 Dora Township
Dear Mr. Braaten,
After our conversation of August. 8, 2002, I contacted members of the
Wetland Technic^ Evaluation Panel (TEP) and-another, wetland professional to
view and discuss the outlet/ditch plug of the wetland that flows to Hoffman Lake.
After viewing the site and following much deliberation, it was decided tha:t
because the intent of the restoration order (Item #i[ was met and the proper
elevation was established, the current outlet/ditch plug will be allowed to remain
as is. However, if in the future the plug should fail in any way, it must be replaced
to the specifications of the TEP.
Item #2 of the restoration order requiring the removal of fill from the wetland
caused by the road construction will be rescinded when the wetland replacement
has been completed. This was to have been done concurrent with the construction
of the road therefor this should be completed as soon as possible.
Please contact me regarding the wetland replacement.
Sincerely,
I^le Weste^gard
Inspector 7 ,
KWW/jlt
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
121 W. Junius Ave., Suite 130
Fergus Falls, MN 56537
Ph: 218-739-2271
January 2, 2002
Bruce & Elsie Braaten
42944 Co Hwy 85
DentMN 56528
RE: Conditional Use Application, Hoffman Lake (56-1627)
Bruce & Elsie Braaten:
On November 27, 2001, the County Bpard of Commissipners passed a motion regarding
your Conditional Use: Application for property on Hoffman Lake. The motion is as follows:
Motion by Lee, second by Nelson, to approve the Conditional Use Permit to fill a maximum
of 100 yards (80 new) provided none of the filLgoes into the existing wetland and that, at
the discretion of the Land & Resource Management Office, a Culvert is installed.
I have discussed this Permit with Kyle Westergard. He informed me that he will need to
view the area in the spring and at that time he will make a determination regarding the need
for the installation of a culvert. The Permit will be processed once the determination has
been made.
If you have any questions regarding this matter, please contact our Office.
Sincerely, ^ ^
Marsha Bowman
Office Manager
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