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HomeMy WebLinkAboutHolly's Resort_02000280226004_Memos,Correspondences, File Notes_iiE\ Asia's /(e^M^ VfiL ui!^ %■ iVc CiS^tti/a tiii ffiPhi/iL fPA. ^ AiiiTUrK^L 6v^ fi.EiJ7AL CtJ A Sa^ku>i~ 'TH*T' >^ohl4 dfc >^rptin£^ TP The £m^nP<^ fiss^'O' pfipAcOT-'l. iJB Aisa ^ixcmsEA finA. ^m^aeJT 5’'*® fP(L d/>/M.e*.ti/U- Pp(0^ f X HAMEA Hi^ At HI^U<jA7Z!} Cfh Pf’ P><A. f T7f/J ry\EBriJ<S S£Aj/£s As 7h£ fi£suul£A Pac-AW mBeritJ<P Apt puPs. d^jp -Siti/E i- Ci£AP Apt-^£ U/^ ^ TV-B'i h>4i/E A PtfiJ //^ f hm ^es/cML SA^ssiyris Au=r ViTK SuAXlifip) 'h" ^^ Tm/i pLAt^a) p^'u. ie Pci/hep ft. r»e£Ti>^Cfpi THE Aif^sT :i- J-. ■ .■> 4^^T ^1- 1 NORTH UNE OF GOV’T. LOT 4 NE COR. OF GOVT LOT 4IEAST-WEST 1/4 UNES 427.74S 59*J2'JJY 922.75 I < l\....4.66 J85.98 0.78 .■9"WEST 1/4 CORNER OF SEC. 28 Ai0|I /^“TCi/I A CT ^ A r_~ I Cri/—\ v:7 j__ivi i___/I cr e:>w .:? II__/ \ ✓✓I / V / MI-- \ S > L y8?✓✓■'T r\ r"c^/yr-\\^3✓✓r~/•o✓Q r-/✓✓✓✓yyy ✓y y yy Ely UNE OF DOa § 773328yyCERTIFICATE GF SURVEY ,\'0. 5360SEE AL.S ///y WETLAND\l//y y y /y \l/✓Ay'f V' ! I----- 0//?Vr TABLE TANGEHTOiORDCHORD BEARINGARC LENGTHRADIUSNUUBER DELTA N 53'32‘32’E 187737.4806V0’07“37.5035800Cl N 63V3’03’ErJTW'56'40.8481.1581.3235800C2 N 74-20‘39"E 29.9759.7309'34’16’59.8035800C3 N 64‘48‘04"E 787528'39’26’137.11277.00 13855C4 N 76‘54'23’E04-26’4r’11.3422.652980022.66C5 N 75’12‘04’t 235347.00073125’34300 47.04C6 O§UiIKP:aQQ </) PARCEL F3 yS.78 ACRES±2r* Q «0 K : :1 1 ./ \ 0ku/\UjU) 5 PROPOSED PARCEL F AH that part of Government Lot 4 of Section 28, Township 134, Range 40, Otter Taii County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 28; thence on an assumed bearinc of South 89 Jegr&ss 32 minuieB 33 seconds East clang the ea.st—west quarter line of saia Section ido, a distance of 922.7u feet to the point of beginning of the land to be described; thence South 1 degree 13 minutes 55 seconds l^esf a distance of 897.00 feet; thence North 48 degrees 18 minutes 38 seconds East a distance of 539.38 feet to the east line of said Government Lot 4; thence North 0 degrees 15 minutes 53 seconds East along said east line, a distance of 534.98 feet to the northeast corner of said Government Lot 4; thence North 89 degrees 32 minutes 33 seconds West along said east—west ! i 1 quarter line, a distance of 385.98 feet to the point of beginning. AND Lots 32 and 33, RECREATION BEACH, according to the recorded plat thereof. Otter Tail County, Minnesota and Lots 27 and 28, FIRST ADDITION TO AUGUSTANA BEACH, according to the recorded plat thereof. Also that part of the vacated public road as dedicated in said plat of RECREATION BEACH, lying northeasterly of the northwesterly extension of the southwesterly line of Lot 32, said RECREATION BEACH. AND AH that part of Government Lots 3 and 4 of Section 28, Township 134, Range 40, Otter Tail County, Minnesota, lying northwesterly of the northwesterly lines of the plats of RECREATION BEACH and FIRST ADDITION TO AUGUSTANA BEACH, according to the recorded plats thereof; lying northeasterly of the northwesterly extension of the southwesterly line of Lot 32. said RECREATION BEACH and lying southwesterly of the following described line: Commencing at the West Quarter corner of said Section 28; thence on an assumed bearing of South 89 degrees 32 minutes 33 seconds East along the east—west quarter line of said Section 28, a distonce of 1350.49 feet to the point of beginning of the line to be described; thence South 18 degrees 47 minutes 53 seconds East a distance of 259.04 feet; thence South 08 degrees 06 minutes 54 seconds l>Ves# a distance 209.24 feet; thence South 18 degrees 01 minute 18 seconds West a distance of 139.69 feet; thence South 12 degrees 25 minutes 54 seconds West a distance of 31.11 feet; thence South 04 degrees 04 minutes 34 seconds East a distance of 24.16 feet; thence South 29 degrees 26 minutes 36 seconds East a distance of 56.10 feet to a point hereinafter referred to as Point A; thence continuing South 29 degrees 26 minutes 36 seconds East a Wfoposed PATCEL £■ I AH that part of Government Lot 3 of Section 23, Township 134, Range 40, Otter Tail County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 28; thence on an assumed bearing of South 89 degrees 32 minutes 33 seconds East along the east-west quarter line of said Section 28, a distance of 1350.49 feet to the point of beginning of the land to be described; thena South 18 degrees 47 minutes 53 seconds East a distance of 259.04 feet; thence South 08 degrees 06 minutes 54 distance of 46.04 feet to the northwesterly line of said FIRST ADDITION TOseconds West a distance 209.24 feet; thence South 18 degrees 01 minute 18 AUGUSTANA BEACH, and there terminating.seconds West a distance of 139.69 feet; thence South 12 degrees 25 minutes 54 seconds West a distance of 31.11 feet; thence South 04 degrees 04 minutes 34 AH of the above together containing 11.28 acres more or less. Subject to the rights of the public in Augustana Drive. Further subject to an easement for ingress and egress purposes, over and across that part of said Government Lot 3, seconds East a distance of 24.16 feet; thence South 29 degrees 26 minutes 36 seconds East a distance of 56.10 feet to a point hereinafter referred to as Point A; thence continuing South 29 degrees 26 minutes 36 seconds East a being a strip of land lying 30.00 feet to the right of and adjoining thedistance of 46.04 feet to the northwesterly line of FIRST ADDITION TO following daser:^^AUGUSTANA BEACH, according to the recorded plat thereof; thence North 50 degrees 25 minutes 00 seconds East along said northwesterly line, a distance Beginning at the aforementioned Point A; thence South 29 degrees 26 minutes 36 seconds East a distance of 46.04 feet to the northwesterly line of said FIRST of 1131.86 feet to said east-west quarter lirm; thence North 89 degrees 32 minutes 33 seconds West along said east-w zt quarter line, a distance of ADDITION TO AUGUSTANA BEACH, and there terminating. The southwesterly sideline928.29 feet to the point of beginning. of said easement shall be extended to the northwesterly line of said FIRST ADDITION TO Al'GUSTANA ^TACH.Containing 7.50 acres mere or less. Subject ■ the rights of the public in Augustana Drive. Together with an easement tv ingress and egress purposes, over EXCEPT.}and across that part of said Government Lot 7. being a strip of land lying 30.00 feet to the right of and adjoining the following described line: AH that part of Government Lot 4 of Section 28, Township 134, Range 40, Otter Tail County, Minnesota, described as follows:Beginning at the aforementioned Point A; tpence South 29 degrees 26 minutes 36 seconds East a distance of 46.04 feet to the northwesterly line of said FIRST Commencing at the West Quarter corner of said Section 28; thence on an assumed bearing of South 89 degrees 32 minutes 33 seconds East along the east-west quarter line of said Section 28, a distance of 922.75 feet to the point of beginning of the land to be described; thence South 1 degree 13 minutes 55 seconds West a distance of 280.45 feet; thence South 89 degrees 32 minutes 33 seconds East a distance of 390.72 feet to the east line of said Government Lot 4; thence North 0 degrees 15 minutes 53 seconds East along said east line, a distance of 280.42 feet to the northeast corner of said Government Lot 4; thence North 89 degrees 32 minutes 33 seconds West along said east-west ADDITION TO AUGUSTANA BEACH, and there terminating. The southwesterly sideline of said easement shall be extended to the northwesterly line of said FIRSTDETAIL B (NOT TO SCALE)_____ADDITION TO AUGUSTANA BEACH. SITE MAP (NOT TO SCALE)/ ✓ ///quarter line, a distance of 385.98 feet to the point of beginning./ comaimna ^.ou acres more or less, i Together with an easement for ingress and egress purposes over and across said Government Lot 4, being a strip of land JJ feet in width, lying to the left of and adjoining the following described line: 4 Commencing at the West Quarter corner of said Section 28; thence on an assumed bearing of South 89 degrees 32 minutes 33 seconds East along the east—west quarter line of said Section 28, a distance of 922.75 feet; thence South 1 degree 13 minutes 55 seconds tVesf a distance of 280.45 feet to the point of beginning of the line to be described; thence continuing South 1 degree 13 minutes 55 seconds a distance of 616.55 feet and there terminating. Vf! The easterly line of said easement shall terminate on a line which bears South 89 degrees 32 minutes 33 seconds East from the point of beginning of the above described line and which bears North 48 degrees 18 minutes 38 seconds East from SCALE IN FEET ✓SCALE: 1 INCH — 40 FEET>the point of termination of the above described line.BEARINGS ARE BASED ON AN ASSUMED DATUM.THIS SURVEY REVISION IWS PREPARED UNDER THE DIRECTION OF ATTORNEY PAUL JENSEN AND • DENOTES IRON MONUMENT FOUND.✓IS TO RECONFIGURE THE INTERIOR BOUNDARY LINES OF PREVIOUS PARCELS A, B AND C O DENOTES IRON MONUMENT SET MARKED "RLS 1 7S25 AND/OR 13620".y AS SHOWN ON ALS CERTTHCATE OF SURVEY NO. 5024 SIGNED ON AUCUST 2, 2002\\\INTO PROPOSED PARCELS E AND F >\S DEPICTED HEREON CERTIFICATE OF SURVEY FOR:\s N i DON SWENSONSURVEYORS CERTIFICATE PROPERTY OWNER CERTIHCATE I hereby certify that this is a true and correct representation of a survey of the bouna-^ries of the above described land, and that this survey w'os prepared by/ hereby certify that the subdivided property described in the survey m^iets theNW COR. OF LOT 1 RECREATION BEACH me or under my direct supervision and that / am a Professional Land Surveyor licensed u-ider the laws of the State of Minnesota. Dated this 7th day of Augustj 12008. * County requirements for public road access and sewage treatment systems.FIELD BOOK ALS-124/78 ALS-146/72 CONTRACT NO.FOLDER DRAWN BY 236-08236-08 GEH NDERSON LAND SURVEYING, INC.FIELD CREWCRD FILEDWG FILE CR5 FILE JAKPrqg%'r Owner313 SOUTH MILL STREET, FERGUS FALLS. MN 56538-0125 (218) 739-5268 1-800-300-9276 236-08236-08David A. Anderson Professional Land Surveyor Minnesota License No. 13620 236-08 DRAWING NUMBER SEC - TWP - RG 28 - 134 - .^0 CHECKED BY OAA/GEH 5024Ry /^ ;I NORTH LINE OF GOV'T LOT 4 NE COR. OF GOV'T LOT 4EAST-WEST 1/4 LINES 8r32‘33"E 427.74S 89'32‘3S"E 922.75 I........41.76 \4.66 385.98 \WEST 1/4 CORNER OF SEC. 28 5o>I : i I / A ^ A rr I C" ~T~ CT iZ>r 1 /—\ __IVI I— / o / I / ^I— \ / A" > I— rD l1/\ ^ C-1-I ^ I //I I I N<✓ ✓y ✓✓✓✓✓✓y E'LY LINE OF DOC. 0 773328/y E or SURVEY NO. 5360A ^/SEE AL.S CERTiri I //WETLANDy\l/✓yy y y y \\/y /I/-1/ t- yy :L/-I;F»ARCEL. A o r<.... . s 89‘J2'JJ'f 890.72I------Z'80.33 CURVE TABLE TANGENTCHORD BEARING CHORDRADIUSARC LENGTHNUMBERDELTA N 53'32'32"Eosyp'OT"37.48 18.77358.00 37.50Cl N 63V3'03’'E13‘00’56"81.15 40.84358.00 81.32C2 N 7420'39"E 59.73 29.9709’34'16"358.00 59.80C3 N 64'48'04"E 70.7528’39'26"137.11277.00 138.55C4 11.34N 76'54’23"E0426'47"22.65292.00 22.66C5 N 7512'04"E 23.5547.0007-51'25"343.00 47.04C6 »,8 PARCEL FIS P % g i I 6.76 ACRES! :0) I OII h5: I ^ : Ujis ^/ \:n‘j® g 0:sI :/S 5 PROPOSED PARCEL FI All that part of Government Lot 4 of Section 28, Township 134, Range 40, Otter Tall County, Minnesota, described as follows:{ I Commencing at the West Quarter corner of said Section 28; thence on an assumed bearing of South 89 degrees 32 minutes 33 seconds East along the east-west quarter line of said Section 28, a distance of 922.75 feet to the point of beginning of the land to be described: thence South 1 degree 13 minutes 55 seconds West a distance of 897.00 feet; thence North 48 degrees 18 minutes 38 seconds East a distance of 539.38 feet to the east line of said Government Lot 4; thence North 0 degrees 15 minutes 53 seconds East along said east line, a distance of 534.98 feet to the northeast corner of said Government Lot 4; thence North 89 degrees 32 minutes 33 seconds West along said east—west quarter line, a distance of 385.98 feet to the point of beginning. \ X -—^x:-WlT LINE OF DOC. 0 770320 I .y> :I ANDi y>AI?S'LY LINE OF DOC. 0 773328I{Lots 32 and 33, RECREATION BEACH, according to the recorded plat thereof. Otter Tail County, Minnesota and Lots 27 and 28, FIRST ADDITION TO AUGUSTANA BEACH, according to the recorded plat thereof. Also that part of the vacated public road as dedicated in said plat of RECREATION BEACH, lying northeasterly of the northwesterly extension of the southwesterly line of Lot 32, said RECREATION \II •yI I I ./ I I BEACH./s’I /•pI ANDI AH that part of Government Lots 3 and 4 of Section 28, Township 134, Range 40, Otter Tail County, Minnesota, lying northwesterly of the northwesterly lines of the plats of RECREATION BEACH and FIRST ADDITION TO AUGUSTANA BEACH, according to the recorded plats thereof; !/ng northeasterly of the northwesterly extension of the southwesterly line of Lot 32, said RECREATION BEACH and lying southwesterly of the following described iine: Commencing at the West Quarter corner of said Section 28; thence on an assumed bearing of South 89 degrees 32 minutes 33 seconds East along the east—west quarter line of said Section 28, a distance of 1350.49 feet to the point of beginning of the line to be described; thence South 18 degrees 47 minutes 53 seconds East a distance of 259.04 feet; thence South 08 degrees 06 minutes 54 seconds West a distance 209.24 feet; thence South 18 degrees 01 minute 18 seconds West a distance of 139.69 feet; thence South 12 degrees 25 minutes 54 seconds West a distance of 31.11 feet; thence South 04 degrees 04 minutes 34 seconds East a distance of 24.16 feet; thence South 29 degrees 26 minutes 36 seconds East a distance of 56.10 feet to a point hereinafter referred to as Point A; thence continuing South 29 degrees 26 minutes 36 seconds East a distance of 46.04 feet to the northwesterly line of said FIRST ADDITION TO PROPOSED PARCEL E AH that part of Government Lot 3 of Section 28, Township 134, Range 40, Otter Tail County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 28; thence on an assumed bearing of South 89 degrees 32 minutes 33 seconds East along the east-west quarter line of said Section 28, a distance of 1350.49 feet to the point of beginning of the land to be described; thence South 18 degrees 47 minutes 53 seconds East a distance of 259.04 feet; thence South 08 degrees 06 minutes 54 seconds West a distance 209.24 feet; thence South 18 degrees 01 minute 18 AUGUSTANA BEACH, and there terminating.seconds West a distance of 139.69 feet; thence South 12 degrees 25 minutes 544.67 seconds West a distance of 31.11 feet; thence South 04 degrees 04 minutes 34 AH of the above together containing 11.28 acres more or less. Subject to the rights of the public in Augustana Drive. Further subject to an easement for ingress and egress purposes, over and across that part of said Government Lot 3, being a strip of land lying 30.00 feet to the right of and adjoining the seconds East a distance of 24.16 feet; thence South 29 degrees 26 minutes 36 seconds East a distance of 56.10 feet to a point hereinafter referred to as Point A; thence continuing South 29 degrees 26 minutes 36 seconds East a distance of 46.04 feet to the northwesterly line of FIRST ADDITION TO following described line:AUGUSTANA BEACH, according to the recorded plat thereof; thence North 50 degrees 25 minutes 00 seconds East along said northwesterly line, a distance Beginning at the aforementioned Point A; thence South 29 degrees 26 minutes 36 seconds East a distance of 46.04 feet to the northwesterly line of said FIRST ADDITION TO AUGUSTANA BEACH, and there terminating. The southwesterly sideline of said easement shall be extended to the northwesterly line of said FIRST of 1131.86 feet to sold east-west quarter line; thence North 89 degrees 32 minutes 33 seconds West along said east-west quarter line, a distance of 928.29 feet to the point of beginning. ADDITION TO AUGUSTANA BEACH.Containing 7.50 acres more or less. Subject to the rights of the public in Augustana Drive. Together with an easerhent for ingress and egress purposes, over and across that part of said Government Lot 3, being a strip of land i/ng 30.00 feet to the right of and adjoining the following described line: EXCEPT AH that part of Government Lot 4 of Section 28, Township 134, Range 40, Otter Tail County, Minnesota, described as follows:Beginning at the aforementioned Point A; thence South 29 degrees 26 minutes 36 seconds East a distance of 46.04 feet to the northwesterly line of said FIRST Commencing at the West Quarter corner of said Section 28; thence on on assumed bearing of South 89 degrees 32 minutes 33 seconds East along the east-west quarter line of said Section 28, a distance of 922.75 feet to the point of beginning of the land to be described; thence South 1 degree 13 minutes 55 seconds West a distance of 280.45 feet; thence South 89 degrees 32 minutes 33 seconds East a distance of 390.72 feet to the east tine of said Government Lot 4; thence North 0 degrees 15 minutes 53 seconds East along said east line, a distance of 280.42 feet to the northeast corner of said Government Lot 4; thence North 89 degrees 32 minutes 33 seconds West along said east-west ADDITION TO AUGUSTANA BEACH, and there terminating. The southwesterly sideline , DETAIL B (NOT TO SCALE}of said easement shall be extended to the northwesterly line of said FIRST ADDITION TO AUGUSTANA BEACH. SITE MAP (NOT TO SCALE) quarter line, a distance of 385.98 feet to the point of beginning.//(Containing 2.50 acres more or less. Together with an easement for ingress and egress purposes over and across said Government Lot 4, being a strip of land 33 feet in width, lying to the left of and adjoining the following described line: // / // I Commencing at the West Quarter corner of said Section 28; thence on an assumed bearing of South 89 degrees 32 minutes 33 seconds East along the east-west quarter line of said Section 28, a distance of 922.75 feet; thence South 1 degree 13 minutes 55 seconds West a distance of 280.45 feet to the point of beginning of the line to be described; thence continuing South 1 degree 13 minutes 55 seconds West a distance of 616.55 feet and there terminating. I \ \The easterly line of said easement shall terminate on a line which bears South 89 degrees 32 minutes 33 seconds East from the point of beginning of the above described line and which bears North 48 degrees 18 minutes 38 seconds East from \SCALE IN FEET \\SCALE: 1 INCH — 40 FEET\the point of termination of the above described line.\BEARINGS ARE BASED ON AN ASSUMED DATUM.\• DENOTES IRON MONUMENT FOUND-O DENOTES IRON MONUMENT SET MARKED "RLS 17825 AND/OR 13620 . CERTIFICATE OF SURVEY FOR: DON SWENSONSURVEYOR’S CERTinCATE I hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land, and that this survey was prepared by NW COR. OF LOT 1 me or under my direct supervision and that I am a Professional Land Surveyor licensed under the laws of the State of Minnesota. Dated this 7th day of August,RECREAVON BEACH FIELD BOOK ALS-124/78 ALS-1^/72 FOLDER DRAWN BYCONTRACT NO. 236-08 GEH236-082008.NDERSON LAND SURVEYING. INC.FIELD CREWCRD FILEDWG FILE CR5 FOE JAK313 SOUTH MILL STREET, FERGUS FALLS, MN 56538-0125 (218) 739-5268 1-800-300-9276 236-08236-08 236-08Property Owner David A. Anderson Professional Land Surveyor Minnesota License No. 13620 DRAWING NUMBERSEC - TWP - RC 28 - 134 - 40 CHECKED BY DAA/GEH 5024R/ STATE OF d S©TT^l^^DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATERS 2115 BIRCHMONT BEACH ROAD NE BEMIDJI, MN 56601 218-755-3973 •t FILE NO.PHONE NO. RECEIVED DEC 2 7 1988 lAND & RESOURCE December 23, 1988 Jerry Bratten Route 2, Box 224 Battle Lake, MN 56515 Dear Mr. Bratten: Limited Permit 89-1104 County Otter Tail Lake (56-242) Otter Tail Enclosed is a limited permit authorizing the construction of fill on your property. This is a modification of your proposal for excavating sand from the entire front of your shoreline approximately 10-13 feet waterward of the Natural Ordinary High Water (NOHW) level (elevation 1320.5). The permit authorizes you to cover the existing rock riprap with 2-3 feet of sand creating a uniform beach condition for your resort. The sand roust not be excavated from below the Ordinary High Water Mark of Otter Tail Lake. It may be brought into the area at the top of the bank and pushed over the bank. Minnesota Regulations 6115.0200, subpart 3.E. states, in part: "Excavation shall not be permitted . . . where it is intended to provide fill materials for development purposes Your proposal would have required excavation along 232 feet of beach by 10-15 feet lakeward of the NOHW to redevelop your beach. Beach sand changes are a common problem on Otter Tail Lake due to fluctuating water levels and ice ridges, as you know. In addition, subpart 3.F states excavation shall not be permitted: . . .where the excavation would not provide an effective solution to a problem because of recurrent sedimentation and there are feasible and practical alternative solutions which do not require excavation. . . Minnesota regulations 6115.200 subpart l.A. states a goal for limiting excavation of materials from the beds of protected waters in order to: "Minimize encroachment, change or damage to the AN EQUAL OPPORTUNITY EMPLOYER r» Limited Permit 89-1104, Otter Tail Lake (56-242) Otter Tail County- Page 2 environment!' . In evaluating your permit application request, it appears reasjQn^bieL-t;o.v provide sand over your riprap to allow resort customers to utilise the beach and obtain conformity with the shoreldh'e''cif'Ayour neighbors to the south. By completing the work authorised by the permit as provided, you will be able to protect your shoreline, and your project will be consistent with the above cited provisions. Please be aware that this Limited Permit is the maximum amount of fill that can be authorised.Future fill requests for maintenance require you to contact us before beginning such work.Additionally the period from ice out to May 15th of any year to protect spawning walleyes. this filling may not occur during Pursuant to Minnesota Statutes. Section 105.44, Subdivision 3 and 6 the board of supervisors of the soil and water conservation district or the mayor of the city may demand a hearing on the Order provided the demand for hearing and the bond required by Subdivision 6 to be filed with the Commissioner within 30 days . which demands a hearing, if no demand for hearing be made or if a hearing is demanded but no bond is filed as required by Subdivision 6, the Order shall become final at the expiration of 30 days after mailed notice thereof and no appeal of the Order may be taken to Minnesota State Court of Appeals. the applicant, the managers of the watershed district No bond or security is required of a public authority The statutes further provide that Subdivision 6 requires tliat an applicant filling a demand for a public hearing execute and file a corporate surety bond or equivalent security to the State of Minnesota, be filed is $500.00 as set by the Commissioner, security shall be conditioned for the payment of certain costs and expenses of the public hearing if the Order is affirmed without material modification; howevei’, the applicant's liability is limited to $750.00. limit does not apply when a public hearing is demanded by a public authority which is not the applicant, be supplied at your request. The amount to The bond or The $750.00 Bond forms will The Otter Tail County Zoning Office has advised me that you will also need to obtain a grading and filling permit. Please contact Mr. Bill Kalor at (218) 739-2271 in order to satisfy this requirement. If you have any questions or concex’ns regarding this permit, Limited Permit 89-1104 Otter Tail County Otter Tail Lake (56-242)Page 3 please feel free to contact Terry Lejcher at 1221 Fir Avenue East, Fergus Falls 7576 . 56537 or by telephone at (218) 739-MM Sincerely, Gerald L. Paul Regional Hydrologist TL/lj Enc. Otter Tail County SWCD Otter Tail County Zoning U.S. Corps of Engineers Norm Floden Don Reedstrom St. Paul Waters Terry Lejcher cc; ^NA-0?733-01 P.A. Nuiber 89-1104 PROTECTED WATERS LIMITED PERMIT /ES/innesota ^S'^Natural Resources yVaters Department of Division of Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the permit application, letters, maps and plans submitted by the applicant and others Supporting data, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below to change the course, current, or cross section of the following: Protected Water County OTTER TAILOTTER TAIL LAKE Telephone Number (include Area Code)Name of Applicant 218-495-3456OERRY BRATTEN, HOLLY'S RESORT Address (No. E Street, RFD, Box No., City, State, Zip Code) ROUTE 2, BOX 224, BATTLE LAKE, MN 56515 Authorized to: cQver Gxistifig Tock riprap with 2-3 feet of clean sand creating uniform beach condition. The sand must not be excavated from below the ordinary high water mark of Otter Tail Lake. It may be brought into the area at the top of the bank and pushed over the bank. Purpose of Permit: Recover Lost Shoreline Expiration Date of Permit December 30, 1989 Property Described as:County Otter TailGovernment Lots 27, 28, 32, & 33 Section 28, T134N, R40W As Indicated: (11) Except as authorized above As Indicated: (8) Does Not Apply This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This permit is permissive only and shall not release the permittee from any liability or obligation imposed by Minnesota Statutes, federal Law or local ordinances relating thereto and shall remain in force subject to al. conditions and limitations now or hereafter imposed by law. 2. Th'.s permit is not assignable except with the written consent of the Commissioner of Natural Resources. 3. Tha Regional Hydrologist shall be notified at least five days in advance of the commencement of the work authorized hereunder and shall be notified of its completion within five days thereafter. The notice of permit issuec by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations. A. No change shall be made, without written permission previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder. 5. Tne permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. 6. This Permit may be terminated by the Commissioner of Natural Resources at any time he deems it necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. 7. Construction work authorized under this permit shall be completed on or before date specified above. Upon written request to the Commissioner by the Permittee, stating the reason therefore, an extension of time may be obtained. 8. The excavation of soil authorized herein shall not be construed to include the removal of organic matter (as indicated above) unless the area from which such organic matter is removed, is impervious, or is sealed by the application of bentonite after excavation. 9. In all cases where the doing by the permittee of anything authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights and interests necessary therefore. 10. This permit is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota tfr any of its officers, agents or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors relating to any matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable provisions of law. 11. No material excavated by authority of this permit nor material from any other source, except as specified herein, shall be placed on any portion of the bed of said waters which lies below (as indicated above). 12. Any extension of the surface of said waters resulting from work authorized by this permit shall become protected waters and left open and unobstructed for use by the public. 13. This permit does not obviate any requirement for federal assent from the U.S. Corps of Engineers, 1135 U.S. Post Office and Custom House, St. Paul, Minnesota 55101. SPECIAL PROVISIONS PCA/AGENCIES: The permittee shall comply with all rules, regulations, requirements, or standards of the Minnesota Pollution Control Agency and other applicable federal, state, or local agencies. MAINTENANCE: Future maintenance of this project shall not exceed the dimensions herein authorized. Prior to commencing any maintenance work, permittee shall advise the Department of Natural Resources of the type of materials, equipment, and pro­ cedures to be used. Maintenance work shall not be commenced until permittee's receipt of the Department's approval. SPAWNING SEASON: This work may not be done between ice out and May 15th of any year to protect spawning walleyes. I. II. III. THIS INSTRUMENT WAS DRAFTED BY: Terry Lejcher St. Paul Waters Region I Enforcement Terry Lejcher 'Tr­ otter Tail County SWCD Otter Tail County Zoning | USCERegion I Fisheries Region I Wildlife cc: TitleAuthorized Signature DateDecember 23, 1988Gerald T_. Paul Regional Hydrologist Department of LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY 121 W. Junius Ave., Suite 130 Fergus Falls, MN 56537 Ph: 218-739-2271 24 June 2002 Holly’s Resort Attn: Mr. Paul Jensen 36294 Augustana Drive Battle Lake, MN 56515 RE; Investigation of complaint involving RV done on 21 June 02 at Parcel #02000990509000, Otter Tail Lake I have researched the historical file on your property, and concluded that the property is authorized to have one owner dwelling and twelve rental cabins on it. In addition, in 1984, a special use permit was granted for 4 additional cabins (probably on N. side of road) providing no further development took place. I can find no authorization for any additional dwellings on the property. According to the Shoreland Management Ordinance, an RV is a dwelling unit. Therefore, the RV needs to be removed or placed inside a storage structure. It would be best if this were done as soon as possible, but must be accomplished by 8 July 02. Please call me when the RV is moved. If you have further questions concerning cluster developments, 1 recommend you contact the Administrator of the dept. Bill Kalar. Thank you for your cooperation. Sincerely, Mark Ronning, Inspector FIELb INVESTI6ATI0N REPORT INumber of Photographs Taken No Action Necessary (see comments) Letter Needed (see comments) Letter Mailed ___ Violation Needed (see below) Violation # V Mailed Nature of Violation: A) Earthmoving B) Building C) Sewer C). Other (Describe) Sketch:1 e c~ t, ' ^ f ^ z.(T A: Comments^—— ^/2-W Time^^f^Investigated By MB:Forms:COAAPLAINT 8~00 7Date