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28000110080000_Conditional Use Permits_04-18-2011
\. V 109G870 DOC# 1093870 OFFICE OF COUNTY RECORDER OTTER TAll. COUNTY MINNESOTA Certified Filed, and/or Reco.rded June 27, 2011 9:45 am Wendy L. Metcalf, Recorder 1093870 Fee: $46.00 Well Certificate [ ] Rec'd Returned To. LANDS. RESOURCE By, LL THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us <8 vooApplication Fee msiiL)COMPLETE THIS APPLICATION IN BLACK INK Receipt Number Accepted By / Date X J 9 - '7 7 O - S' f DAYTIME PHONE -2 / « - 7C / TPiS^/\) MPROPERTY OWNER(S) MAILING ADDRESS 3^513 AvH Tvi/-/ LAKE NUMBER.56 f 7 LAKE NAME NtCjh SECTION / * ______LAKE CLASS ^ FRI DhRG’______TOWNSHIP RANGE *4^ TOWNSHIP NAME PARCEL NUMBER E-911 ADDRESSQot^ / / o o ^ c'^ 00 O LEGAL DESCRIPTION <uu 'h se '4 f ex r/? i 6'i-L CONDITIONAL USE PROJECT REQUESTED (Please circle the appropriate request) Topographical Alteration Forest Land Conversion Commercial Use Cluster Development___ Extractive Use Industrial Use Lo/jJ/~rMiscellaneous SPECIFY YOUR REQUEST. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. O u/ ^ t'" i~eir // Q-f ht'cji H JF$ "4ZH5+uf! lOo <pf- L -F/-//C ii/e CuP aaA>^;iwu>v\ uJJdi-h J ■Tf- i S'O 'ifdf Rock" <piicC£.10 yds • 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 CONTACTLAND & RESOURCE MANAGEMENT REGARDING THIS MATTER. ^NERf/ AGENT^Pp^WNER APPLICANT MUST BE PRESENT AT THE HEARING SIGNATURE OF PROPE DATE (Applicant Will Receive Notification As To The Osift/Time Of Hearing) tI, ' 1 M.Date Of Planning Commission Hearing Time Planning Commission Recommendation June 8, 2011- Motion: A motion by Schwartz, second by Gill to approve the request as shown in the High Island Lake Outlet Analysis (Moore Project No. 15873, June 2011) with the following conditions: 1. The Township accepts the responsibility to monitor the gate, with the authority to open and close it. 2. Evidence of a permanent easement for the Township is submitted to Land & Resource. 3. The gate will be closed when the elevation of Heilberger Lake exceeds the OHWL of 1345.38 (1988 datum). 4. The water control structure (gate) must meet the satisfaction of Land & Resource. i^^^lairman/Otter Tail County Planning Commission County Board Action Approved As Recommended Denied As Recommended Other V Board of Commissionershairman/Otter Tail Co Date of Final Action ^ L & R Offici CONDITIONAL USE PERMIT # Permit(s) required from Land & Resource Management \/ NoYes (Contact Land & Resource Management) Copy of Application Mailed to Applicant, Co. Assessor and MN DNR L & R Official/Date bk 062007-006 Form f<o. 29-M quit cumm peed Booth Docunenta & Publ. Co. lndivldual(B} to iolnt Tanams Minnesota Unilorm Conveyancing Blei^S (1-15-d7)1053933 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( l' ) not required OFFICE OF COUNTY RECORDER OTTER TAIL MINNESOTA »itS2nOS3933 Certificate of Real Estate Vfelue No.Date; '"'771 / Ilk ^ ffledfrecofdBd in this olflcefor County Auditor Wen by:.by o?r (W//offr(ia?o m0m/Deputy'Jtecording fee .well certificate DEED TAX DUE: S (reserved for recording data)Date; Renee C Goff, SingleFOR VALUABLE CONSIDERATION, j Grantor(s),ohereby convevfs) and ouitclaimfs) to Renee C Goff‘"(Single) & Jason M Goff (Single) C:j Grantee(s), Ottertail County, Minnesota, described as follows:real property in The SW 1/4 of the SE 1/4, the SE 1/4 of the SW 1/4 and Govemnent Lot 6, except tract, Sec. 11, 134, Rng 42. /!TT/^(-f7£0 / JlasiS. together with all hereditaments and appurtenances. '‘’ Check box if applicable: O The Seller certifies that the seller does not know' of any wells on the described real property. O A well disclosure certificate accompanies this document. S I am familiar with the property described in this.instrument and I certify that the status and number of wells on the described real property have not changed since the last previously-fite^well disclosure certi^ate. V c^o V (_ CC’JMTY OF C’AffixtBeed Tax Stamp Here STATE OF MINNESOTA deed TAX . STATE OF MINNESOTA ^ ss. COUNTY OF A'AciccVh i9Sl , ^00^1 ViThis instrument was acknowledged before me on by.\ a s/ J Grantor(s). j I). O.JNORTARJAL ST.AMP OR SEAL (OR OTHER TITLE OR RANK)JCt SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL DEBRAA,TAB8UT NOTARY PUBLIC-MINNESOTA NyComiiilsstaiE;?wasJaii.31,2010 Check here if part or all of the land is Registered (Torrens) O Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): \ » *Y- Southeast i of Southwest i, and Southwest J of Southeast i, and Government Lot 6, of Section 11, Township 134, Range 42, except the following tract: Commencing at the southe^ast corner of Southwest i of Southwest i of Section 11, Township 134, ""Range 42; thence East 216.0 feet; thence North 50.0 feet to north right of way of County Highway No. 22 to point of beginning, thence North 400.0 feet; thence East 300.0 feet; thence South 400.0 feet; thence West 300.0 feet to point of beginning.Containing 2.75 acres. P4r<ofa> •, .... * 1 1.. . i. t } ■ PART Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center - 540 West Fir Fergus Falls, MN 56537 PH; 218-998-8095 Otter Tail County’s Website: www.co.otter-tail.mn.us June 22, 2011 Renee C & Jason M Goff 32513 270*'^ Ave Erhard, MN 56534 RE: Conditional Use Permit Application, High Island Lake (56-697) Dear Renee C & Jason M Goff: On June 8, 2011 the Planning Commission passed a motion to recommend approval of your request. Their motion is as follows: A motion by Schwartz, second by Gill to approve the request as shown in the High Island Lake Outlet Analysis (Moore Project No. 15873, June 2011) with the following conditions: 1. The Township accepts the responsibility to monitor the gate, with the authority to open and close it. 2. Evidence of a permanent easement for the Township is submitted to Land & Resource. 3. The gate will be closed when the elevation of Heilberger Lake, exceeds the OHWL of 1345.38 (1988 datum). 4. The water control structure (gate) must meet the satisfaction of Land & Resource. On June 14, 2011 the County Board of Commissioners passed a motion to approve the request as recommended by the Planning Commission. As you can see, there are conditions placed on this approval. Once these conditions are met, our Office will process your Conditional Use Permit. If you have any questions, please contact our Office Sincerely, lyiarsha Bowman Assistant Administrator ! i OTC Board of Commissioners’ Minutes June 14, 2011 Page 7 Recess & Reconvene At 11:01 a.m., Chairman Lindquist declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 11:05 a.m. Planning Commission Recommendations Conditional Use Permit - Kevin & Sheri Zitzow: Motion by Huebsch, second by Froemming, and unanimously carried to approve a Conditional Use Permit for excavation to facilitate a new home with conditions as recommended by the Planning Commission. The property is described as Lot 6 BIk 1 Jamielind Shore, Section 30 of Edna Township; Big McDonald Lake (56-386), RD. Conditional Use Permit - Joe & Eileen Koep: Motion by Rogness, second by Froemming, and unanimously carried to approve a Conditional Use Permit to add a small resort to Inspiration Point Bible Camp as part of its current and ongoing operations with a condition as recommended by the Planning Commission. The property is described as GL 5 ex tr to Bible Camp ex tr and GL 6 ex platted. Section 17 of Leaf Mountain Township; Spitzer Lake (56-160) NE. Conditional Use Permit - Renee C. & Jason M. Goff: Motion by Huebsch, second by Froemming, and unanimously carried to approve a Conditional Use Permit to lower the water level of High Island Lake with conditions as recommended by the Planning Commission. The property is described as SW1/4 SE1/4 & SE1/4 SW1/4 ex tr & GL 6, Section 11, Friberg Township; High Island Lake (56-697), NE. Conditional Use Permit - James & Bonnie Mark: Motion by Johnson, second by Lindquist, and unanimously carried to approve a Conditional Use Permit to construct a new driveway as revised (3"^ plan submitted) and recommended by the Planning Commission. The property is described as Pt GL 7 (56.01 AC), Section 23, Dane Prairie Township; Unnamed Lake (56-644), NE. Conditional Use Permit - Brent D. & Barbara Kuehne et at: Motion by Huebsch, second by Rogness, and unanimously carried to approve a Conditional Use Permit for topographical excavation to accommodate a walk-out basement with conditions as recommended by the Planning Commission. The property is described as Pt GL 5 (Tract A), Section 21 of Hobart Township; Rose Lake (56-360), RD. Shoreline Restoration Discussion Bill Kalar, Land & Resource Director, discussed issues with shoreline damage experienced by high water conditions. Currently, the Land & Resource Office is working with property owners on a variety of lakes raising rip rap and filling behind the rip rap. Black dirt is not being allowed as fill behind the rip rap in case the water continues to rise; however, granular fill is allowed. Reclamation of land may be requested if water levels go down. Mr. Kalar noted that this will need to be considered depending on the particular area and conditions. Commissioners requested that Mr. Kalar develop some guidelines for the public and return to the next regular County Board meeting. Otter Tail County, Planning Commission June 8, 2011, Page 2 Renee C & Jason M Goff - Approved With Conditions: A Conditional Use Permit Application (as stated by the Applicant on the Application): Lower water level of High Island Lake. Install 200 ft of 18” culvert maximum cut of 13 ft within avage cut of 6-7 ft, maximum width of 3 ft Total earth moving 150 yds. Place rock at inlet and outlet apprx 10 yds. The property is described as SW1/4 SE1/4 & SE1/4 SW1/4 ex tr & GL 6, Section 11, Friberg Township; High Island Lake (56-697), NE. Motion May 11, 2011: A motion by Wilson, second by Maske to table (at the Applicant’s request) to June 8, 2011 to allow the Applicant to obtain an engineer’s study, the Commission Members must receive this information prior to the June Meeting. Tyson Hajicek (Moore Engineering), Renee Goff and Larry Peasly represented the Application. Greg Kugler (Friberg Townboard) indicated that the Townboard would take the responsibility to monitor the gates, requesting an easement granting them the authority for access. Scott Mandy (Heilberger Lake Association) requested a perpetual easement, that the elevations be established, that the gauge be easy to read, & that the Heilberger Lake Association has the authority to call the Township regarding closing of the gate. Gerald Benson expressed concerns regarding the clarity of both lakes, stating Heilberger Lake is spring fed. Randy Balkan expressed concerns regarding cost sharing of the cleaning of the outlet of Little Heilberger Lake. Duane Mavis (Friberg Townboard) stated that the property owner (gate location) should be notified when someone is going on their property. Motion: A motion by Schwartz, second by Gill to approve the request as shown in the High Island Lake Outlet Analysis (Moore Project No. 15873, June 2011) with the following conditions: 1. The Township accepts the responsibility to monitor the gate, with the authority to open and close it. 2. Evidence of a permanent easement for the Township is submitted to Land & Resource. 3. The gate will be closed when the elevation of Heilberger Lake exceeds the OHWL of 1345.38 (1988 datum). 4. The water control structure (gate) must meet the satisfaction of Land & Resource. Voting: All members in favor. James & Bonnie Mark - Approved As Revised: A Conditional Use Permit Application (as stated by the Applicant on the Application): Proposing to construct a new driveway, moving approximately 2800 cubic yards. Area #1 - Top-dress area w/50 cubic yards of class 5. Area #2 - Need to build up this portion of driveway & place culvert in this area. Will use approx 670 cubic yards of fill. Area will be 150’ x 24’ x 5’. Area #3 - Will construct this portion of driveway approx T high x 300’ long & 16’ wide using 177 cubic yards of fill. Area #4 - This is the borrow area & the fill will also be used for driveway. Will be cutting 10’ out of the hill. The area for excavation is 250’ long & 16’ wide. Will be removing approx 1481 cubic yards of fill. Area #5 - Need to build Driveway T - This area will be 800’ long & 16’ wide. Will use approx 475 cubic yards of fill on this section. This section will also have a culvert. Once driveway is constructed, will top-dress w/6” of class 5 gravel. Will stabilize area w/straw & seed. The completion date for the project is December of 2010. The property is described as Pt GL 7 (56.01 AC), Section 23, Dane Prairie Township: Unnamed Lake (56-644), NE. Motion - May 11,2011: A motion by Erickson, second by Maske to table to June 8, 2011 as requested in the letter dated April 26, 2011, alternate plan must be received by May 18, 2011. James Mark represented the Application. OTTER TAIL COUNTY PLANNING COMMISSION 218-998-8095County of Otter Tail, Government Services Center, 540 West Fir, Fergus Falls, MN 56537 AGENDA FOR JUNE 8, 2011 6:30 P.M. Roll Call / Approval of Minutes Kevin & Sheri Zitzow Edna Twp/Sec 30Topographical Alteration Big McDonald Lake Leaf Mountain Twp/ Sec 17 Spitzer LakeJoe & Eileen Koep Proposed Buyer: Lutheran Brethren Bible Camp, Inc. dba Inspiration Point Cluster Development Friberg Twp/Sec 11Renee C. & Jason M. Goff High Island LakeOld Business (May 11, 2011) Dane Prairie/Sec 23Unnamed LakeOld Business (May 11, 2011) James & Bonnie Mark Hobart Twp/Sec 21Topographical Alteration Rose LakeBrent D. & Barbara Kuehne Et Al Brent, Barbara, Brian Kuehne & Emily Ethington PLEASE NOTE THAT THERE WILL ONLY BE ONE MEETING IN JUNE Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY Government Services Center - 540 West Fir Fergus Falls, MN 56537 PH: 218-998-8095 Otter Tail County’s Website: www.co.otter-tail.mn.us May 16. 2011 Renee C & Jason M Goff 32513 270‘^ Ave Erhard, MN 56534 RE: Conditional Use Permit Application, High Island Lake (56-697) Renee C & Jason M Goff: On May 11, 2011, the Planning Commission passed a motion to table your request. Their motion is as follows: A motion by Wilson, second by Maske to table (at the Applicant’s request) to June 8, 2011 to allow the Applicant to obtain an engineer’s study, the Commission Members must receive this information prior to the June 8*^ Meeting. I have enclosed a listing of the Planning Commission Members and their addresses for your use. If you have any questions, please contact our Office. Sincerely, Marsha Bowman I Recording Secretary OTTER TAIL COUNTY PLANNING COMMISSION wwwico.otter-tail.mn.us Government Services Center, 540 West Fir, Fergus Falls, MN 56537 218-998-8095 Hanning Commissi^ Schedule201 D^tes and Application Filing Dates (NOTE: All Applications / Preliminary Plats must be received by the Land & Resource Management Office, no later than 12:00 (NoonI on the stated Filing Date.) Preliminary Plat Conditional Use Application Meeting Dates(s)Filing Date Filing Date January 12, 2011 April 13‘^/20'^ May1l‘Vl8‘^ June S'^/IS*^ July13'V20'^ August 10*^17*^ September 14*^/2f' October 12*^19'^ November /I December 14'V2f‘ January 11,2012 December 13, 2010 December 17, 2010 March 14, 2011 April 1f^ May 9‘^ June 13‘^ July 11*^ August 15'^ September 12*^ October 10‘^ November 14"^ December 12“" March 23, 2011 April 20"^ May 18'^ June 22"^ July 20'*^ August 24*^ September 21®‘ October 19'^ November 21 December 20“^ The above dates are tentative and subject to change. Weather conditions may change the meeting date and time, please listen to the Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling. is'f District PHONE: 218-334-6636 1®^ District PHONE; 218-346-7295 ROD BOYER 51127 EWYMER LK Rd FRAZEE, MN 56544 MARION GILL 40122 AEROVILLARD PERHAM, MN 56573 KEN ERICKSON 51350 CO HWY 31 DETROIT LAKES, MN 56501 2"‘‘ District PHONE: 218-532-3936 2"'' District PHONE: 218-863-3386 JOE MASKE 14833 LAKE OLAF RD S PELICAN RAPIDS, MN 56572 BERT KINLZER 403 EAST STREET NORTH UNDERWOOD, MN 56586 Sf'* District PHONE: 218-826-6893 BERT OLSON 501 NORTH SHORE DR BATTLE LAKE, MN 56515 District PHONE: 218-864-8982 DAVID TRITES 20944 WESTWOOD DR CLITHERALL, MN 56524-9596 4"’ District PHONE: 218-864-5095 4'*' District PHONE: 218-631-1967 ROBERT SCHWARTZ 31548 CO HWY 75 WADENA, MN 56482 RICK WILSON 609 W LAKESIDE DR FERGUS FALLS, MN 56537 5"i District PHONE; 218-736-7197 LEONA ZIMMERMAN 418 E LAKESIDE DR FERGUS FALLS, MN 56537 5'*' District PHONE: 218-736-7617 PC: Handout 2011 02/2011 otter Tail County, Planning Commission May 11, 2011, Page 2 Jason Stowers - Approved With Conditions: A Conditional Use Permit Application (as stated by the Applicant on the Application): Business of selling motorcycles, ATV’S, cars mainly online sales. This will not be a repair shop open to the public. There will not be heavy traffic coming or going for sales; will be pick up and drop off mainly. Details are available at Land & Resource Management Office. The property is described as Pt of GL 4 (.96 AC) & Lots 1, 2 & 3 of Empire 2"'^ Addn, Section 3 and Lot 1 BIk 1 River Ranch also desc. as Pt of GL 7, Section 4 of Otter Tail Township; Otter Tail Lake (56-242), GD. Jason Stowers represented the Application. Andrew Billy spoke and indicated he has no problem with motorcycle noises, stated the Applicant has cleaned-up the area and that a fence could be installed to block the view, spoke in favor of the Application. Motion: A motion by Wilson, second by Maske to approve provided: 1. All ATVs, motorcycles & snowmobiles are stored inside the existing storage building. 2. The outside storage of vehicles (cars & boats) is located as identified on the drawing. 3. A maximum of 10 vehicles are placed in the outside storage area. 4. There is no storage of vehicles in the driveway or customer parking area. 5. The sign is a maximum of 2’ x 3’, meeting the Otter Tail County Highway Department's requirements. 6. The hours of operation are 2:00 p.m. to 6:00 p.m., 7 days a week, or by appointment. Voting: All members in favor. Break: At 7:55 P.M., the Commission took a 10 minute break. Renee C & Jason M Goff - Tabied To June 8, 2011:A Conditional Use Permit Application (as stated by the Applicant on the Application): Lower water level of High Island Lake. Install 200 ft of 18” culvert maximum cut of 13 ft within avage cut of 6-7 ft, maximum width of 3 ft Total earth moving 150 yds. Place rock at inlet and outlet apprx 10 yds. The property is described as SW1/4 SE1/4 & SE1/4 SW1/4 ex tr & GL 6, Section 11, Friberg Township; High Island Lake (56-697), NE. Larry Peasley, Jason & Renee Goff, and Gary Kugler represented the Application. Jean Prochnow (Heilberger Lake Association) expressed concerns regarding the high water of Heilberger Lake, indicating High Island Lake flows into Long Lake & Jewett Lake, expressing concerns with the effect on their water clarity. Wes Binner agreed with the concerns of the Heilberger Lake Association, including the effect on water quality and also algae bloom. Darrel Benson expressed concerns regarding the effect on the water quality of Heilberger Lake & the effect on the elevation of Heilberger Lake. Miranda Rich expressed concerns regarding the water over the Township Road (270^*^ Ave.), stating that the water quality in High Island Lake is fine. Gladys Kugler indicated that her driveway is flooded-out, something needs to be done. Norman Long stated that there are 6 culverts going into Heilberger Lake and 1 going out, Heilberger Lake can not handle anymore water. Motion: A motion by Wilson, second by Maske to table (at the Applicant’s request) to June 8, 2011 to allow the Applicant to obtain an engineer’s study, the Commission Members must receive this information prior to the June 8‘*^ Meeting. Voting: All members in favor. PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT tJK-7JHigh Island Lake Drainage Plan Proposed Culvert Profile o oz>oocoo0^m0.ostationOD<-<-0+25 0+00 1+po 2+00 >+++++1400'-1400O ake Edge ><g! 1390(D -1390 co£Lake 190.04'HID 3 «•<O13804380QDUJm++1370-+4370 0)(0 -0+25 0+00 1+bO 2+00UJ maoocScale r = 30’oD><Legend Existing Ground Proposed Culvert H O<0’ 10' I.........I I I 60'30'z>-I >OD a TJUJ7ioNotes: • Elevation difference from High Island Lake level to proposed culvert outlet is approx. 3'. • Approx, length of proposed culvert is 190'. O3 CQ O OQC 0. lonaoud TVNOiivonaa visaaoin v nv as aaonaoBd uougie ivjap2>liUp./ / U^p^.^U^CXUliJ/ To see all the details that are visible on the screen, use the "Print” link next to the map.Google maps 'I t..-’Yi,b t i-&(#ryv i t;'s'W'"i'illS'ergerr" lake ■i tt H4a.s> ib.•-<*■ V -4^ Nj ' -oil) szr /\v;"4i IS e o .?5 ©■'.t v> t7> S,rr 4-IS\': 4i:4s. ..^; 0-/0' I <? 'iSsOf aiyK.irilr^^ ^22 CoHwy22 Ss)Vni;“ r£a >iii.'-!hrf.,. s.i I I \& r1 e X 4i jia£ JJ/B Oir\ "fcx* ^ I Hr £> TocOjvJ •Toi«''nJ No»'+K UM' ’T’ TvcrM oiA( //J—-----------A-0 ■f^ r*r^ ^ 33iSi3 4/18/2011 9:36 AM -jCcr'/- (eff IK e. ^ ofl Otvf. OTTER TAIL COUNTY PLANNING COMMISSION •• v NOTICE OF PUBLIC HEARING APPLICANT:Renee C & Jason M Goff 32513 270*^ Ave Erhard, MN 56534 ■i May 11, 201(1, at 7:30 P.M. ** Commissioner's Room, Government Services Center West Fir Fergus Falls; MN 56537 HEARING DATE/LOCATION: CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant on the Application): Lower water level of High Island Lake. Install 200 ft of 18” culvert maximum cut of 13 ft within avage cut of 6-7 ft, maximum width of 3 ft Total earth moving 150 yds. Place rock at inlet and outlet apprx 10 yds LAKE NAME/NUMBER/CLASS: High Island Lake (56-697), NE E-911 ADDRESS: 32513 270*^ Ave LEGAL DESCRIPTION: SW1/4 SE1/4 & SE1/4 SW1/4 ex tr & GL 6, Section 11, Friberg Township ** Weather Conditions may change the Hearing date and tirne. 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 toithe 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, Government Services Center 540 West Fir, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or mailed to the Land & Resource Management Office at the above address. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE;PRIOR TO THE HEARING. Bert Olson April 27. 2011 Chairman Planning Commission Mailing Date I 1 ;• . \ REQUISITION FOR TECHNICAL SERVICES DEPAfllUNTOF NAimRESOURCES Project High Island Lake Lake No. 56-697P Req.No. ^0113 ICity Fergus Falls County Otter Tail (56) Sec. 11 Twp. 134N Rng. 42W Quad No. Statement of Probiem/Situation (Provide detailed information) Otter Tail County is requesting an OHWL determination for measuring building setbacks. Services Requested (Attach map as necessary) Please determine: 1. OHWL 2. RO Elevation 3. Temporaiy Benchmark Landowner(s): Permission obtained for access: [X] Yes, private lot marked with green dot on photo. Drive to end of road and IK access lake from first lot south of road. Phone No. (218) 739-7576 ext 243Requested By: Julie Aadland Date 10/03/2010 Manager/Supervisor Appy^^by;Date Assigned By:Date Minnesota DNR Waters Field Survey Report Project: High Island Lake Lake No. 56-697 City: near Weggeland County: Otter Tail Req.No. 2011-31 Rng. 42Sec. 11 Twp. 134 Watershed SURVEY DATE: 10/27 and 11/3/2010 SURVEY CREW: Scherek, Schaffer LAKE SIZE Non-meandered Unknown Meandered Area 78 Planimetered Area 61 Acres Acres DATUM ADJUSTMENT Assumed 1912 x 1929 1988 Source: MN/DOT "7 WGW 1973 RESET 1975" (+0.88' to obtain NAVD-1988) CONTROL BENCHMARK Location: NE 14 - Sec. 5, T 134, R 42 Elevation: 1416.73 Description: disk a in concrete monument, 49' east of C.R. 3 and 30' south of 340*'’ Street extended SURVEY WORK COMPLETED X levels X establish benchmarks profiles other: xOHWtopography cross sections outlet elevations WATER LEVELS Highest Recorded: Lowest Recorded: Range: Water Surface: 1373.58(10/27), 1373.64(11/3) OHWElev: 1371.0 Highest Known: OUTLET General Description: considered to be landlocked Runout Elevation and Description: the highwater runout was not determined exactly; it would be at least 1380, as per the contours on the USGS quadrangle BENCHMARKS SET Location: on the SW side of the lake (SW-SE-SE-NW, Sec. 11-134-42) Elevation: 1389.69 Description: 60d spike 0.9' above ground in the north side of a round wooden fencepost, the lakeward- most wood post on the slope (the fenceline is at the E-W 14 line of Sec. 11) Location: on the extreme east side of the lake (SE-SE-NE, Sec. 11-134-42) Elevation: 1374.77 Description: a vertical 3/8"x 8" spike in the S-SE root of a twin elm (0.9' and 1.1'), 14' west of the west edge of 270* Ave. and 120' SW of the P.I. of 270* Ave. and the drive to address #32569 270* Ave. jlOTitle: Eng. Spec. Senior Date:Prepared By: John M. Scherek ! ; ; •^ During our OHWL investigation we documented 18 trees, (elm,: ash^ birch, aispen and cottonwood), all of which are in water and dead or dying. The OHW leyel is based on the average reduced elevation of the four best trees. Some of the remaining,trees indicate a lower stage of water levels at approximately 1367.9. No stainlines or washlines were observed. The.’water level of the lake is shown at 1365 on the . 1973 USGS quadrangle.. 4 On the NE side of the lake, there is a SE to NW extending wetland area that is presently connected to the lake. Oh the PWI map it appears that this area was not included as part of the lake, however, it was meandered as part of the lake. The present connecting elevation is at least 1370.8, so ft would be conridered to be part of the lake, though marginally so.jThe driveway to address #32569 270* Ave. crosses this wetland. Recently about 1.5' of fill was added to the driveway and a 15" PVG pipe was placed in the fill. The top of the driveway over theiculvert is presently at elevation 1374.6. The: connecting elevation at the ciilvert is 1372.5. There is also a culvert under 270* Ave. several hundred feet to the E-SE of the driveway culvert, that connects the ponded area on the south side Of the driveway, with another wetland area on the east side of 270* Ave. As a result of the culvert connections, the water level on the east side of270* Ave. is the same as the level of High Island Lake. However, as per the connecting elevation at the'driveway culvert, the ponded area on the south side of the driveway and the wetland on the east side of270* Ave., would not be part of High Island Lake. c.c. Julie Aadland, Dan Lais, Greg Kruse, Joe Cameroh| Doug Schaffer ? 3 1 \ V 1 i i \ ■1 V j Minnesota Departmentof Natural Resaurces Minnesota Hgi A A ECOLOGICAL AND WATER RESOURCES 1509 1 AVENUE NORTH FERGUS FALLS,|MN 56537 218-739-7576 April 21,2011 DEPARTMENT OF NATURAL RESOURCES I Jason and Renee Goff 32513 270*^ Avenue Erhard, MN 56534 1 iDear Mr. & Mrs. Goff: ■ i PROJECT NOTIFICATION, DNR PUBLIC WATERS PERMIT} REQUIREMENTS, OTTER TAIL COUNTY 'r The Department of Natural Resources (DNR) has reviewed your proposal to install an outlet culvert above the Ordinary High Water Level of High Island Lake in the SEIM, Sectiibri 11, Township 134 North, Range 43 West, Elizabeth Township, Otter Tail County. Based on my review of the information you sent me, I have determined the following: .1 ■■Your project does not require a DNR; ^blic Waters Permit, as long as the inlet invert of the culvert is above elevation 1371.0 (NAVDi 1929). Please be advised that you must obtain all required authorizations (local, state and federal) before beginning work. ! A DNR Public Waters Permit application is required. Complete the enclosed application form and mail it to the DNR Regional Office in Benudji at 2115 Birchmont Beach Road NE, Bemidjij MN 56601. Be sure to enclose the correct application fee. No permit can be processed until all application fees have been paid. ' Please be advised that any work in DNR protected waters orj wetlands without a permit is a misdemeanor and is punishable by fines up to $1000 and/or 90 days in jail. Thank you for your cooperation. If you have any questions, please contact me at 1509 1" Avenue North, Fergus Faills, MN 56537 or by telephone at 218-739-7576 ext 243. Sincerely, 1,1 (HI □ i ••i1 DNR WATERS 1 1 Julie Aadland Area Hydrologist JA/ck ■'r'i { Leonard Grabowski, USCOE Darren Newville, West Otter Tail Coimty SWCD Bill Kalar, Otter Tail County Zoning Troy Richards, Conservation Officer ec: ; •i :File i www.dnr.stofe.mn.iis AN EQUAL OPPORTUNinr EMPLOYER PRINTED ON RtaCLED PAPER CONTAINING A MINIMUM OF 10% POST-CONSUMER WASTE !I ■i /^arifc4^ ] :NA-026620-03B (V.2.02 for MS WORD) 9l\mm Minnesota Local/State/Federal Application Form for Water/Wetland Projects For Interaal Use Only Date Initial Application ReceivedApplication No.Field OfTice Code Date initial Application Deemed Complete PART I: BASIC APPLICATION "See HELP” directs you to important additional inrormation and assistance in Instructidns, Page I. 1 I. LANDOWNER/APPLICANT CONTACT INFORMATION (See Help I) i ^ Name: f f«, G‘D^Phone:(-2'« ~ Compiete mailing address; 2,7o i^\J ^ i ^ ~T7 0 - 5’/^^' lA. AUTHORIZED AGENT (See We/p/ydj (Only if applicable; an agent b not required) . _Name; /-rtRRY 3i ^ tH I S *33^5515' £;t-Ka.rrcf 2. NAME, TYPE AND SlfZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach yld^/z/ono/ Project Area sheets if needed) Name or I.D. U of Waters Impacted (if applicable; if known);(Check all that apply); ^S^Lake ■ D River Q Circular 39 Wetland type: □ I,'Q IL, Q 2, Q 3, Q 4, Q 5, Q 6, D 7, Q 8 Welland plant community type': D shallow open water, Q deep marsh, Q^shallow marsh, D sedge meadow, O meadow, Q wet to wet-mesic prairie, Q calcareous fen; Q open bog or coniferous bog,' D shnib>carr/alder thicket, Q hardwood swamp or coniferous swamp, Q floodplain forest, D seasonally .flooded basin Complete mailing address; i Indicate size of entire lake or wetland (check one): Q Less than 10 acres (indirate size; 3. PROJECT LOCATION (Information can be found an property tax statement, property title or title insurance): Project street address:'A Section; St'Al Section: / f Township#; ^3^ Subdivision; Attach a simple site locator map. If needed, include on the map written directions to the site from a known location or landmark, and provide distances from known locations.' Label the shed SUE LOCATOR MAP. ) □ 10 to 40 acres Q Greater than 40 acres City (if applicable): r County; ^ U~Cl t ^Fire #: Range #: .i Watershed (name or #)UTM location; N EBlock:Lot#: V!4. TYPE OF PROJECT; Describe the type of proposed work. Attach 7TP£ OF* sheet if needed. 5. PROJECT PURPOSE, DESCRIPTION A^ DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to construct the project with dimensions (length, width, depth), area of impact, and] when you propose to construct the project This is the most important part ofyour appiication. See HELP S before completing this section; see What To Include on Plans (Instructions, page I). Much PROJECT DESCRIPTION shea. Footprint of project; acres or square feet drained, filled orexcavated. _ _ *6. PROJECT ALTERNATIVES: What alternatives to this proposed project nave you considered that would avoid or minimize impacts to wetlands or waters? List at least TWO additional alternatives to youf project .in Section 5 that avoid wetlands (one of which may be “no build” or “do nothing”), and explain why you chose to pursue the option describe in this application over these alternatives. Attach PROJECTALTERNAUyES shea if needed. Z'V®’ A/o^(/on^ Cou/<f R'oaO a»^4 3 Build.“no S>'f-es /rt'fh 7. ADJOINING PROPERTY OWNERS: For projects that impact more than '10,000 square feet of water or wetlands, list the complete mailing addresses of adjacent property owners on an attached separate sheet (Sw HELP 7) 8. PORTION OF WORK COMPLETED; Is any portion ofthe work in.wetlimd or water areas already completed? Q Yes jS^o. If yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8) 9. STATUS OF OTHER APPROVALS: List any other permits, revievra or approvals related to this proposed project that are either pending or , havealready been approved or denied on a.separate attached sheet. See HELP 9. ^.auPvi'Y < Ti0^<£.L iJLS<i i~ 10. lam applying for state and local authorization to conduct the work described in this application. I am familiar with the infonnation Appl.c^ contained in this application. To the best of my knowledge and belief, all information in Part I is true, complete, and accurate. I possess the authority to undertake the work described, or I am^ting as the duly authorized agent of the mpiicant. ////^// hmwner)Signature of agent (if applicable) This block must be signed by the person who desires to undertake the proposed activity and has the necessary property rights to do so. Ifonly the Agent has signed, please attach a separate sheet signed by the landowner, giving necessary authorization to the Agent 'Sec Wetland Plants and Plant Conununlttes of Minnesota and Wisconsin (Eggers and Reed 1997) as modified by the Board ofWalerandSoil Resources,' I Minnesota Local/State/Federal Application Forms for WaterAVetland Projects DateSignature of applicant Date United Slates Army Corps of Engineers. i PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT TJI-High Island Lake Drainage Plan Proposed Culvert Profile u o3OOCoom£L O Station s -<-(H25 1-*P0 2+pO(HpO >+++1400 4400oHke Edge/Lal>><n 130)--- O - _ 4390 coLake190.04’ ■m—3 f O13804380QalUm+++++1370 4370 COCO-0*2S 1+boOHX)2+00UJ mooOcI-Scale r = 30'o3><Legend - Existing Ground “ Proposed Culvert do<O’ 10’ I......I I 60'30’>I >m no■0 UJ 3oNotes: • Elevation difference from High Island Lake level to proposed culvert outlet Is approx. 3'. • Approx, length of proposed culvert is 190'. O Oocooft0. lonaodd iVNOLLvonaa xsaaoinv nv ab GBonaoud \juvi;ie iniifM iiup.// ua4».gLiu^c.uiiiir To see al the details that are vis&)le on the screen, use the "Print” link ns)(t to the map.maps ?*vjLake ; ¥i. |k 4 6J?■P /•’s f/ # # t IKugtef SitVage. CoHwyZZ SputehTsSki Gsard ^ \ I ///e <?+<#«■ ”Ta‘L I \jP*^ Tou3fJ ClA" T* T w-r M oA "2 2- —■ ■ ^ Z'70'^^ furtJ *4 Nik 4/18/2011 9:36 AM TUf-r* r«^ ^ ofl prt^MS U A. >1^ riw/uuv^cu D T Mn AU I «-PUC0A CUUUA I lUriAL KKUUUi; I ‘rr-^.....................iH.in.,.li.ii„„n:.Mi:n:.i, II,U ,.„,,,--------^■.^,.,.,ii„.,i,:,,.i,;,,....|.j.,..,,.^ I|j,,.:.|............................................ ■■i ilMii' .••;-4:;::>- 13U;-- •■-41;) i ri 1.i.rttrrr4- ■s f.. "T—r ■‘.in :ois 8 S S i . ri i k A ki, n k k i :;■ .s s oV V ? r ? Y ; .' Y r Y ;■ V Y5 1 a Y' Y « Y Y :, Y ; a ;i oj*i ?4. ic ^ 'f coma CD.-<>i‘■-z >c•Hi■ -oaI m<n mScflla r-60cr ocoI >(noo- 300- ww i20ir I I !oz> TJi71oQCO Note»: • Elevation diflofanco from High Island LaM to Haibergef Lake ia approx -3ff • From proposed cutvarf to HaBbergefLaha is natiaai mnolf and culvarla already axiat along toe path lonaoud nvNOiivonas >4S3aoinv nv as a^onaodd May 23, 2011 F?ECEIVED may 2 <1 2011 land & RESOURCE Otter Tail County Bert Olson, Chairman County Planning Commission To the commissioners; The Officers and Board of Directors of the Heilberger Lake Association wish to oppose the conditional use permit applied for by Renee and Jason Goff, requested to lower High Island Lake by draining water into Heilberger Lake’s watershed, based on the following observations: • Current water levels in Heilberger Lake are already significantly above the ordinary high water mark. There are presently six culverts that divert water into the lake, and only one that drains out. That one outgoing culvert is not functional enough to support additional water. • Draining High Island Lake impacts relatively few homes at that location. Additional waters into the Heilberger Lake watershed system will affect not only the seventy-plus homeowners on the lake, but also many more people downstream. • Additional runoff into the lake will affect water clarity, and could impact the fishing on the lake by introducing undesirable species into the waters. If the commission does decide to approve the permit, our organization has the following additional concerns: • Who would be responsible for the costs associated with the project? We feel this cost should not be borne by township or county taxpayers. • How would the output of the proposed culvert be monitored, and who would be responsible for that monitoring? Who would make the decisions related to the flow of water? • Is there an alternate location for the culvert? The proposed one would put the water into Heilberger Lake at the farthest point from the outflowing culvert and may negatively impact water levels at the public access, which are already very high. • Does the county have a plan to upgrade the current outflowing culvert on Heilberger Lake? • To what level is the planned release of water from High Island Lake, and what would be the volume of the release? We appreciate the commission’s attention to these issues and trust they will be considered in the decision making process. Sincerely, Scott Mandy, President Heilberger Lake Association Deb Karsnia, Secretary-Treasurer 25410 Heilberger Lane Erhard, MN 56534 Correspondence contact: CC: Long Lake Property Owners Association DEPARTMENT OF the ARMY St. Paul District Corps of Engineers 180 Fifth Street East, Suite 700: St; Paul, Minnesota 55101-1678 April 2.1, 20TT REPLY TO ATTENTION OF Operations Regulatory (2011-01380-LAG) t APj?' 2 r-Mr. Larry Peasley 32525 270"^ Ave. Erhard, Minnesota 56534- 201^LAfKlQ i fife Dear Mr. Peasley: We have reviewed information about your project to install a culvert.through an upland area and create an outlet for-High Island Lake.l The project site is in Sec. 11, T. 134N., R. 42W., Otter Tail County, Minnesota. . Provided no work done, below the OHW oTHigh Island Lake, and the culvert, does not extend into any wetland, area, the work proposed at the location stated, is not within the regulatory jurisdiction of the Corps of Engineers. No work will.be done in a navigable water of the United States, and .no dredged or fill material, will be discharged in any water of the United States, including wetlands. Therefore, a Departihent of the Army permit.is not required to do this work. This letter is valid only for the project referenced.above. If any change in design,, location, or purpose is contemplated, contact this office to avoid doing work that may be in violation of Federal law. PLEASE NOTE TH^T THIS CONFIRMATION. LETTER DOES NOT ELIMINATE THE NEED FOR STATE,} LpCAL, OR OTHER AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL RESOURCES OR COUNTY. The decision regarding this action is based on information foundnn the administrative record, which documents the District's decision{-making process, the basis for the-decision, and. the final decision. If you have any questions, contact Leo Grabowski in our Brainerd office at (218) 829- 8402. In any correspondence or inquiries, please refer to the Regulatory number shown above.i 1 Sincerbly, Tamara E. Cameron(Chief, 'Regulatory Branch Cc: Otter Tail Land and Resources Minnesota DNR-Waters, Julie Aadland ! kSjRecycled PaperPrinted on fT LAND AND RESOURCE MANAGEMENTOTTER TAIL COUNTY, GOVERNMENT SERVICES CENTER, 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 Commissi^ for.Otter Tail County, Minnesota, do hereby certify that on o^y^day of U/fihAX^__, 2011, the attached Notice of Hearing and was dulythe. served upon the following: County Sheriff County Highway Engineer ^ Courthouse Otter Tail COLA. John Mafteson, 23562 W Silver Lk Rd, Battle Lake, MN 56515 MPCA, 714 Lake Ave., Suite 220, Detroit Lakes, MN 56501 DNR, Julie Aadland, Div. Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Melody Webb, DNR, Trails & Waterways Arlin Schalekamp, DNR, Div. of Fisheries Doug Hedtke, DNR, Div. of Wildlife Same Envelope Planning Commission Members (The above receive all Notices) Lake Improvement District (if project is located on their lake, mail Notices to the Lake improvement District) Pelican, Fish, Bass & Little Pelican: Pelican Grgi South Turtle Lake: South Turtl^ Little Pine & Big^gioer Little Imp. Dist., %Fred Manuel, 26271 Otoa :roit Lakes MN 56501 Urtle Shore Ln, Underwood, MN 56586ip. Dist., %Bricker & Janet Johnsen*JS2 TMN 56573me Lakes Imp. Dist., PO Box 405^^ nald, Kerbs & Paul: McDonald Lakes Imp. Dist., PO Box 133, Perham, MN 56573 rif ini~pjtoH xA/itinin 2 milesjefa"bt4^t>“''^^‘^ I^NDCTJI^iet-CTficeMpOOJjwv-^^WV, Detrrut-EakS^sWIN^S^SQIXinbqated on.a.Stgt\or_Ee.dd1Wy^ Ac(|acenJ^CgjjJ4ty'Zonirig^>KjjTiinistr^tQjL44f-thesgountyjsJp4he-‘'Buffe^ checkjljatriffe^sitejQj:j:raTfi^i(^d^j^ Bscl<er CouoJyAititnTor fTtstify in additierTloThdr'^ning_AdffHfTiS!fa^ -~cTie5MLei£ua^ebfetLgUor^wrre7aHd?g^s Per BK, do not notify individuals within a City Limit ^Tow^h^CI^, Lake A^ciation, suni^or (if appropriate), andmose 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. Mail at Fergus Falls, MN, properly addressed to each of the above named at the addresses shown above. Secretary _____ If parcel owner is “USA”, mail to Fish & Wildlife Service, 18965 Co. Hwy 82, Fergus Falls, MN 56537 If parcel owner is “DNR", ignore as they are receiving a notice as stated above If parcel owner is “St. of MN. 375 Centennial Bldg. Spec Asst, to Atty General St. Paul, MN “, mail to DNR Lands & Minerals 2115 Birchmont Beach Rd NE Bemidji, MN 56601 PC Affidavit 02-2011 PLANNING COMMISSION NOTIFICATION WORKSHEET Applicant: 6-IL-llMeeting Date:Lake: •-Ibsl/iAssigned To:Date Assigned: Completed:Return By: 'A Mile (2640’) Preliminary PlatV4 Mile (1320’) Conditional Use App ^Township / County Roads: Sherry (CIS) will get map, listing, labels (she has an advanced mapping system), unless it is adjacent to the parcel(s) that run the length of the road project. Be sure to list the road name(s) and the parcel number(s) involved with the project on this sheet for Sherry. ^kLbjJU)^ jtl/'J I I i i PC:Worksheet Notification 09/08 000660C*» l-OOOSZ V008000M 0008Z ooozeoot^tooosz : 0008600b too 082 w» toot voocez :i tooosoot toooez zooszoot toooez1tOOWOOt t00092I ■■ i) fiooveoot toooezr r tii s I oootsoouooos^ oovtoooeztoot oooezoot tooosz S i 59001 ;00t tOOOSZ i zoptaoot W082 V.tOOVBOOV ('0008^ :......j tloizoottooowlOtSOOttOOOi ZU^bot t0008Z iZi00tt00083 rZZOOt tci|b320 lOOZOOt td»8Z too Jz 00^00082ooo2800t^oe;: >9^oovvoooez lOZOOt tooosz r Goff Conditional Use Permit 1320 Ft Buffer St |zip5PINH NbrSort Name Addr2 CityName 2 Street Zip4 28000110076000 KUGLER,DARYLS& LINDA 26672 TONSETHRD ERHARD MN 56534 9443 28000110076001 HUSETH,LORIE 26564 TONSETH RD ERHARD MN 56534 9443 28000110077001 SAMP,DANNY 30154 COUNTY HIGHWAY 43 ERHARD MN 56534 9438 28000110077004 EVERHART,DOUGLAS & JEANNE TST 26352 TONSETH RD ERHARD MN 56534 9443 28000110077010 WHITE,MICAHW 22101 ALGER ST SAINT CLAIR SHORES Ml 48080 2363 28000110077011 PEASLEY,LARRY D & BRENDA K 32525 270TH AVE ERHARD MN 56534 9470 28000110077012 PEASLEY,BRENDA K 32525 270TH AVE ERHARD MN 56534 9470 28000110078000 GOODWIN,WILLIAM H & LUONA D 9011 151STSTW PRIOR LAKE MN 55372 2141 28000110078001 MARTINSON,VIRGIL & MYRNA 26227 COUNTY HIGHWAY 22 MN 56534ERHARD 9440 28000110078002 ROBERTS,PAUL W & LINDA R 536 SUMMIT STE BATTLE LAKE MN 56515 4114 28000110079000 PEASLEY,BRENDA ETAL 32525 270TH AVE ERHARD MN 56534 9470 28000110079001 SIMONSON,JOHN ETAL 31963 HILLCREST LN FERGUS FALLS MN 56537 7329 28000110080000 GOFF,RENEEC& JASON M 32513 270TH AVE ERHARD MN 56534 9470 28000110080001 KUGLER,GARY&RUTHYE 26337 COUNTY HIGHWAY 22 ERHARD MN 56534 9440 KUGLER,ERROL W & JOANN28000110081000 26805 COUNTY HIGHWAY 22 ERHARD MN 56534 9441 KUGLER,JOEL M & PATSI L28000110081001 32269 270TH AVE MN 56534 9442ERHARD PEASLEY,LARRY D & BRENDA K28000110081002 32525 270TH AVE ERHARD MN 56534 9470 KUGLER,GREGORY E & JULIE A28000110081003 32475 270TH AVE MN 56534 9442ERHARD KUGLER,GREGORY E & JULIE A28000110081004 32475 270TH AVE ERHARD MN 56534 9442 KUGLER,JOEL M & PATSI L28000110081005 32269 270TH AVE MN 56534 9442ERHARD 28000110081006 KUGLER,JOHN 32387 270TH AVE MN 56534 9442ERHARD RICH,BRUCE K & MIRANDA28000110081007 32509 270TH AVE ERHARD MN 56534 9470 KUGLER,DARYLS& LINDA28000110082000 26672 TONSETH RD ERHARD MN 56534 9443 HANSEN,DOUGLAS & NANCY LLLP28000140097000 422 VERNON AVE W FERGUS FALLS MN 56537 2628 28000140098000 KUGLER,PHILLIPJON 26668 COUNTY HIGHWAY 22 MN 56534 9440ERHARD SPIDAHL,DAVID R & CYNTHIA R28000140099000 26002 COUNTY HIGHWAY 22 ERHARD MN 56534 9440 SPIDAHL,DAVID R & CYNTHIA R28000140099001 26002 COUNTY HIGHWAY 22 ERHARD MN 56534 9440 BEGANDY,JOHN T & CATHERINE JR28000140099002 1619 WINDSTONE WAY FERGUS FALLS MN 56537 3980 1 Goff Unique Mailer |Addr2 CityH NbrSort Name Street Zips Zip4St BEGANDYJOHN T & CATHERINE JR WINDSTONE WAY1619 FERGUS FALLS MN 56537 3980 EVERHART,DOUGLAS & JEANNE TST 26352 TONSETH RD ERHARD MN 56534 9443 GOFF,RENEEC& JASON M 32513 270TH AVE ERHARD MN 56534 9470 GOODWIN,WILLIAM H & LUONA D 151ST ST W9011 PRIOR LAKE MN 55372 2141 HANSEN,DOUGLAS & NANCY LLLP VERNON AVE W422 FERGUS FALLS MN 56537 2628 HUSETH,LORIE 26564 TONSETH RD ERHARD MN 56534 9443 KUGLER,DARYLS& LINDA 26672 TONSETH RD ERHARD MN 56534 9443 KUGLER,ERROL W & JOANN 26805 COUNTY HIGHWAY 22 ERHARD MN 56534 9441 KUGLER,GARY&RUTHYE 26337 COUNTY HIGHWAY 22 ERHARD MN 56534 9440 KUGLER,GREGORY E & JULIE A 32475 270TH AVE ERHARD MN 56534 9442 KUGLER,JOEL M & PATSI L 32269 270TH AVE ERHARD MN 56534 9442 KUGLER,JOHN 32387 270TH AVE ERHARD MN 56534 9442 KUGLER,PHILLIPJON 26668 COUNTY HIGHWAY 22 ERHARD MN 56534 9440 MARTINSON,VIRGIL & MYRNA 26227 COUNTY HIGHWAY 22 ERHARD MN 56534 9440 PEASLEY,BRENDA ET AL 32525 270TH AVE ERHARD MN 56534 9470 PEASLEY,BRENDA K 32525 270TH AVE ERHARD MN 56534 9470 PEASLEY,LARRY D & BRENDA K 32525 270TH AVE ERHARD MN 56534 9470 RICH,BRUCE K & MIRANDA 270TH AVE32509 ERHARD MN 56534 9470 ROBERTS,PAUL W & LINDA R 536 SUMMIT ST E BATTLE LAKE MN 56515 4114 SAMP,DANNY 30154 COUNTY HIGHWAY 43 ERHARD MN 56534 9438 SIMONSON,JOHN ETAL 31963 HILLCRESTLN FERGUS FALLS MN 56537 7329 SPIDAHL,DAVID R & CYNTHIA R 26002 COUNTY HIGHWAY 22 ERHARD MN 56534 9440 WHITE,MICAH W 22101 ALGER ST SAINT CLAIR SHORES Ml 48080 2363 Richard West, P.E. County Engineer Phone 218-998-8470 Fax 218-998-8488 OTTER TAIL COUNTY HIGHWA Y DEPAR TMENT 505 S. Court Street, Suite 1, Fergus Falls, MN 56537 May 4, 2011 received MAy 10 20JJ resource Marsha Bowman, Recording Secretary Otter Tail County Planning Commission 540 Fir Avenue West Fergus Falls, MN 56537 Conditional Use Permit Application Request for: High Island Lake Outlet, located in Section 11 of Friberg Township, High Island Lake (56-697), NE; Applicants being Renee & Jason Goff RE: Dear Marsha: We have reviewed the referenced application and have the following comments: 1. We have no objection to creating an outlet from High Island Lake. 2. We are concerned that the additional flow from the 18” outlet may overwhelm the capacity of the culverts under CSAH 22 and result in high water along or potential overtopping of CSAH 22 or CSAH 43. We request that a hydraulic study be made of the proposed flow route to ensure that CSAH 22 and CSAH 43 will not be negatively impacted. In lieu of a hydraulic study it would be acceptable to have a control structure or valve installed on the culvert to control the flow during spring runoff and rain events as needed to prevent negative impacts to CSAH 22 and CASH 43. 3. The flow route also crosses a private driveway south of CSAH 22. The culvert in that driveway would need to be evaluated as well. 4. A Minnesota Department of Resources Waters Permit may be needed for this work. As proposed the flow from High Island Lake would cross CSAH 22 twice before the water reaches Heilberger Lake. The existing CSAH 22 culvert information is as follows: Length Inlet Elev.Outlet Elev.Location Size / TypeCrossing U*(East)1368.3 (North)76’1368.0STA 124+00 30” CMP 2"“ (West)1348.6 (South)228’1347.0STA 107+70 24” CMP CMP = Corrugated Metal Pipe Both culverts have aprons on both ends. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER T I y Page 2 CUP Application - Goff May 4, 2011 • . ! i If you have any questions or require more information, please feel free to contact me at any time.:•/! Sincerely, Otter Tail County Highway Department i Charles H. Grotte, P.E. Assistant County Engineer i!)I CHG:mk i cc: Richard West, County Engineer j Dallas Grewe, Highway Maintenance Supervisor File i I i i 1 t I ;!I II! 1 •: 11 ;i • ••• ;. I’:-i r OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING APPLICANT:Renee C & Jason M Goff 32513 270‘^Ave Erhard, MN 56534 j May 11, 20lil, at7:30 P.M. ** Commission’er's Room, Government Services Center West Fir Fergus Falls MN 56537 1 CONDITIONAL USE PERMIT APPLICATIO^ REQUEST (as stated by the Applicant on the Application): Lower water level of High Island Lake. Install 200 ft of 18” culvert maximum cut of 13 ft within avage cut of 6-7 ft, maximum width of 3 ft Total earth moving 150 yds. Place rock at inlet and outlet apprx 10 yds ! HEARING DATE/LOCATION: 1 LAKE NAME/NUMBER/CLASS: High Island Lake (56-697), NE E-911 ADDRESS: 32513 270‘^ Ave ! LEGAL DESCRIPTION: SW1/4 SE1/4 & SE1/4 SW1/4 ex tr & GL 6, Section 11, Friberg 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 tojthe 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, Government Services Center 540 West Fir, Fergus Falls, MN , 56537. Any comments regarding this request may be expressed at the Hearing or mailed to the Land & Resource Management Office at the above address. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS SHOULD CONTACT THE LAND & RESOURCE MANAGEMENT OFFICE PRIOR TO THE HEARING.I' I Bert Olson April 27. 2011 Mailing DateChairman Planning Commission t .f.. I.; Department of I LAND AND RESOURCE MANAGEMENT.. !OTTER TAIL COUNTY Government Services Center - 540 West Fir Fergus! Falls, MN 56537 PH: 1218-998-8095 Otter Tail County’s sWebsite: www.co.otter-tail.mn.us i April 27,2011 Larry Peasley 32525 270“^ Ave Erhard, MN 56534 1.1 i ( Re: High Island Lake Lowering Request, Sectionjl 1 of Friberg Township Dear Mr. Peasley: Upon review of your proposal it has been determined that no wetlands will be impacted as a result of your project. Because the work is to be done in upland and the lake is not proposed to be lowered below the OHWL, Wetland Conservation Act approval is not required. As requested I shot the lake level on April 25, 2011 and found the pool elevation to be at 1374.39 or 3.39’high. ! ;Please ensure you have obtained all other required local, state & federal approvals prior to beginning work. i i If you have any questions, please contact me. i 1Sincerely, I IK]|4e Wester Inspector ^ 1 I KW/ajm i Steve Hofstad - BWSR Brad Mergens - WOTSWCD Leo Grabowski - ACOE Planning Commission Cc: ( 1 ! i 1I I May 4, 2011 26352 Tonseth Road Erhard, Minnesota 56534 received may 06 201) land & RESOURCEBert Olson, Chairman Planning Commission Land and Resource Management Office Government Services Center 540 West Fir Fergus Falls, Mn. 56537 Dear Mr Olson, We received notice from your office regarding a request for application for a conditional use permit by Renee & Jason Goff to lower the water level of High Island Lake, by installing a culvert. We live on the lake and my concerns are not just about the level of water on a driveway, but about the health of the lake. My questions to you regarding the lowering of High Island lake and the impact, follow. On the Minnesota DNR website, fluctuations of one to two feet per year are normal in Minnesota and it is stated that historical fluctuations exceeding ten feet vertical have been recorded. What is the normal rise and fall of High Island Lake, and has a normal depth been determined for this lake? While DNR has normal lake levels recorded from monitoring on some lakes, this lake does not seem to be in their inventory. How and when would the culvert be installed and over what time period would the lake be lowered? At this time there have been Northern Pike spawning in a small pond connected to the lake on our property. They is no doubt spawning in other sloughs connected to the lake also. What will the impact be on those fish and the spawn if the lake is lowered at this time of year? High Island lake has at least one pair of nesting loons every year. As you know they nest at the water's edge. How will they be affected by lowering the water level? Will there nesting be disturbed? Will reducing the lake level have an impact on the diet of small fish they rely on? Will a screen or something be placed over the culvert to prevent fish from leaving the lake while it is being lowered? This lake is classified as environmental, the strictest of the three lake classifications. Has any consideration or study been done regarding the health of the lake, fish, birds and aquatic species? The DNR website states: "The DNR does not control the water level elevation of lakes. In general, the water level of a lake is entirely dependent upon the amount of snowfall and precipitation that an area receives, how much of the resultant moisture is contributed by runoff into the lake, how much water is recharged to or discharged from the lake through ground water and how much water evaporates from the lake." 'The state has an interest in protecting not only the anr^ount of water contained in these iakes, wetlands and streams but also the container that confines these waters." Because these more sensitive natural environmental basins are vital habitat for fish and wildlife as well as a place for people to fish, boat and swim, the reason for concern is obvious, but also the Minnesota DNR states; "Substantial amount of water are stored in these areas and it can seep into the ground to recharge ground water aquifers. Lakes, wetlands and streams can store excess water during times of flooding provide an important reserve of surface water during times of drought. These areas are natures water treatment systems. They provide an ideal environment for aquatic vegetation and animal organisms to purify water we have contaminated with suspended soil (erosion), nutrients (from fertilizers and animal wastes), and other pollutants." The person I talked with at DNR said he had heard that the lake would be lowered three feet. How will our area be affected in a year of drought. Will underground aquifers be affected? At this time many areas in Otter Tail County are experiencing high water and just moving problems of high water downstream to another area, may not be as effective as letting "Mother Nature" take her course. Can you give some kind of assurance that lowering High Island Lake by three feet will not have a negative impact. Siqcerely, t-'Mrs. Jeanne Everhart Spidahl ski gaard Date: May 4, 2011 To: Otter Tail County Land and Resources From: David and Cynthia Spidahl Re: Goff Application for Permit to Provide Drainage from High Island Lake to Heilberger Lake While 1 am not opposed to the basic concept of the proposed drainage action, I would like to express several concerns. This proposal allows for the construction and placement of a culvert that would allow water from High Island Lake and therefore its entire watershed to drain through our property. It enters the property from the north via a culvert under County Highway 22, runs west in the ditch for perhaps a hundred feet, then enters a buried culvert of significant length before entering a small pond to the east of our driveway. It flows out of this pond through another culvert under our driveway into a pond on the west side of our drive. From there it flows via a culvert back under County Highway 22 and eventually into Heilberger Lake. As the situation currently stands, the watershed area is quite small and the present culverts are adequate to meet the drainage requirements. However, if the flow is increased significantly and the upstream culverts are larger than the downstream culverts, then there is the potential for flooding over our property and/or damage to the old concrete culvert under our drive. Before the county approves the permit, I would like to see the above concerns addressed by appropriate engineering. As a lay person I could see a solution which involves the replacement of the old concrete culvert currently under our drive, and the utilization of a culvert size coming out of High Island Lake that is no greater than the smallest culvert in the downstream system. As someone who enjoys the public access on Heilberger Lake for both boating and swimming, I would like assurances that the outflow culvert from the lake is adequate to handle any increased water flow. In addition, I would like to look at agricultural run-off into High Island Lake and whether there could be an influx of fertilizer which would affect the present excellent water quality of Heilberger Lake. Thank you for your attention to this matter.RECEIVED MAY 0 h 2011 LAND & RESOURCE 26002 County Highway 22, Erhard, MN 56524 218.736.5097 skixc(cb,prtel.com www.skigaard.com Department of LAND AND EESDURGE MANAGEMENT OTTTER TAIL COUNTY Government Services Center - 540 West Fir FERGUS-Falls, MN 56537 PH: 218-998-8095 :Otter Tail ^County’s iWebsite: www.co.otter-tail.mn.us April 27, 2011 i Larry Peasley 32525 270“^ Ave Erhard, MN 56534 ■High Island Lake Lowering Request, Section {l 1 of Friberg TownshipRe: 1Dear Mr, Peasley: Upon review of your proposal it has been determined that no wetlands will be impacted as a result of your project. Because the work is to be done in upland and the lake is’not proposed to be lowered below the OHWL, Wetland Conservation Act approval is not required. iAs requested I shot the lake level on.April 25,.2011 md found the pool elevation:to be at .1374.39 or 3.39’high. ! !Please.ensure you have obtained all other required local, state ■& federal approvals prior to beginning work. < If you have any questions, please contact me. Sincerely, Westen Inspector ^ •K: KW/ajm Steve Hofstad - BWSR Brad Mergens - WOTSWCD Leo Grabowski - ACOE Planning Commission Cc: ■I ! / r d Ct/\^ /rC/^1^ CX-'-n-'^— (.ZL^-v—AjL/V.\ H ; o>—'^-= L MM '’ 20" I^SOOR^