HomeMy WebLinkAboutLake Five Resort_32000080064000_Complaints_Violations_14AL department of natural resources
STATE OF
BOX . 500 LAFAYETTE ROAD •PAUL, MINNESOTA • 55146
DNR INFORMATION
(612) 296-6157
December 10, 1985 RECEIVEL
DEC 1 -1985
lAND & RESOURC''Mr. David H. Kaldahl
Box 6
Detroit Lakes, MN 56501
CERTIFIED
Dear Mr. Kaldahl:
ORDER OF THE COMMISSIONER
Attached is the Order of the Commissioner relating to Waters of the State of
Minnesota. Pursuant to Minnesota Statutes, Section 105.462, the person to whom
the Order is issued may demand a hearing on the Order provided the demand for
hearing be filed with the Commissioner within 30 days of service hereof.
However, if no demand for hearing is made by the person to whom the Order is
issued or if that person demands a hearing but fails to file the required bond,
the Commissioner's Order becomes final at the expiration of 30 days after the
person is served with the Order and no appeal of the Order may be taken to
Minnesota State Court of Appeals. No bond or security is required of a public
authority which demands a hearing.
Minnesota Statutes, Section 105.44, Subdivision 6 requires that if you file a
demand for public hearing you must execute and file a corporate surety bond or
equivalent security to the State of Minnesota.
$500.00 as set by the Commissioner. The bond or security shall be conditioned
for the payment of certain costs and expenses of the public hearing if the Order
is affirmed without material modification; however, your liability is limited to
$750.00. Bond forms will be supplied at your request.
Sincerely,
The amount to be filed is
dMsion of waters
Larry'S^mo
Dir'
LS/TRL:jl
Attachment
Gerald Paul, Regional Hydrologist
Terry Lejcher, Area Hydrologist Merlyn Wesloh, Regional Administrator /
Otter Tail County Zoning Administrator*^
cc:
usce
Norm Floden, Area C.O.
AN EQUAL OPPORTUNITY EMPLOYER
74 u:..
STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
In the matter of the alteration of
the Cross-section of Five Lake
(56-357P) by David Hugh Kaldahl
without a permit from the
Commissioner of Natural Resources
FINDINGS OF FACT
ORDER
WHEREAS, it has been brought to the Commissioner's attention that certain
excavating and filling activities have been conducted in relation to Five Lake
in the Wi, Section 5, Township 137 North, Range 40 West, Otter Tail County, and
he has conducted an investigation, THEREFORE, the Commissioner issues the
following findings of fact and order pursuant to Minnesota Statutes §105.462.
FINDINGS OF FACT
Five Lake is a 296 acre meandered lake located in Sections 4, 5 and 81.
of Township 137 North, Range 40 West, Otter Tail County,
basin in the Otter Tail County Public Waters Hearings and was published in the
It was an uncontested
Fergus Falls Daily Journal as being a public water on April 17, 1980.
beneficial public purposes in that there is wildlife habitat for spawning of
It serves
fish, recreational activities such as fishing, boating and swimming.
Five Lake (56-357P) is public waters of the State of Minnesota in that2.
is has been designated a public water by the Commissioner pursuant to Minnesota
Statutes §105.37, subdivision 14 and §105.391.
3. Mr. David Hugh Kaldahl through his own acts and those of his agents or
servants did cause to be excavated, in or about 1984, a channel across a
The channel is approximately 168peninsula on the northwest side of the lake,
feet long by 20-30 feet wide and is 2-3 feet below the ordinary high water mark.
4. Mr. David Hugh Kaldahl through his own acts and those of his agents or
servants did cause, in or about 1984, some of the excavated fill material to be
deposited below the ordinary high water mark along the north side of the
peninsula to both the east side and the west side of the excavated channel.The
fill material is approximately 60 feet in length on each side of the channel
along the shore, extends waterward about 12 feet wide and is 2-4 feet thick.
5. Mr. David Hugh Kaldahl at no time applied to the Commissioner of
Natural Resources to change the cross-section of Five Lake pursuant to Minnesota
Statutes §105.42.
Minnesota Rules Part 6115.0200, subpart 3, item A. prohibits this type6.
of excavation where it is intended to gain access to navigable water depths when
such access can be reasonably attained by alternative means which would result
Item F. of the same rules prohibits this type of
excavation where the excavation would not provide an effective solution to the
in less environmental impact.
problem because of recurrent sedimentation and there are feasible and practical
alternative solutions which do not require excavation.
7. Minnesota Rules Part 6115.0200, subpart 5, item B. (2) prioritizes the
most acceptable means of disposing of excavated materials and, thereby,
prohibits the deposition of these excavated materials along the shore.
8. Minnesota Rules Part 6115.0190, subpart 3, item B. prohibits the
placement of fill below the ordinary high water mark to create upland areas.
Item E. prohibits the disposal of rock, sand, gravel or any other solid material
resulting from activities carried out above the ordinary high water mark.
9. The facts appear sufficiently clear so as not to necessitate a public
hearing.
Based on the foregoing, the Commissioner now makes the following
ORDER
A. The Commissioner does hereby waive a public hearing hereon pursuant to
Minnesota Statutes §105.44, Subd. 3, and §105.462.
David Hugh Kaldehl is hereby ordered and directed to undertake theB.
following:
To fill the excavated channel to the condition which existed prior to1.
1984.
2. To remove the fill below the ordinary high water mark placed along the
north side of the peninsula and restore the shoreline to the condition which
existed prior to 1984.
To restore and stabilize the shoreline and the filled channel with0
vegetation in such a manner as to prevent its erosion into Five Lake at both
Such restoration work shall be completed no later than June 1, 1986.locations.
4. To notify Area Hydrologist Terry Lejcher or Conservation Officer Norm
Floden prior to undertaking of the aforementioned work.
5. To notify Area Hydrologist Terry Lejcher or Conservation Officer Norm
Floden of the completion of the aforementioned work.
6. To refrain from future violations of Minnesota Statutes Chapter 105
relating to Five Lake or any other public waters of the State of Minnesota.
day of , 1985.IT IS SO ORDERED this
COMMISSIONER OF NATURAL RESOURCES
/}//X'/y
//V/
BY: !
Larry Seyrriofir, Director
Division of Waters
74
.*
State op Minnesota
ENVIRONMENTAL QUALITY COUNCIL
CAPITOL SQUARE BUILDING
550 CEDAR STREET
ST. PAUL, 55101
^4
September 1, 1977
TO: Municipalities with populations over 3,000, counties, watersheddistricts, regional development commissions, port authorities
RE: Workbooks on the newly revised Environmental Review Program
Dear Sir or Madam:
During June, 1977, the Minnesota Environmental Quality Board (EQB),
the Association of Minnesota Counties and the League of Minnesota
Municipalities co-sponsored ten workshops on the EQB's newly re
vised Environmental Review Program. The workshops were designed
to explain the expanded responsibilities of local units of govern
ment in determining when environmental documents are needed and
then preparing needed documents.
A workbook entitled The Environmental Review Program: A Workbook
for Local Government was used at these workshops. It contains a
great deal of important information, including:
- basic information on procedures and time requirements
- a question-bv-question discussion of the Environmental
Assessment Worksheet (EAW), the preliminary environ-
mental document. The discussion explains terms used
in the questions and states where to find information
needed to answer the questions.
- several appendices containing detailed information
that can be used in filling out the EAW. For many of these, the information, has been listed by region.
:■ iSf.
- listing, of State agency personnel in your reqion'’V-
- suggestions on how to incorporate the Environmental
Review Program into existing local procedures
- exercises to help you decide when environmental docu
ments are needed and prepare EAWs
AN EQUAL OPPORTUNITY EMPLOYER”I I
Page 2
We have received requests for the workbooks from several local units
of government unable to attend the workshops. Since the EQB must
provide technical assistance to local units, the workbooks have
been reprinted. One free copy is available from this office to each requesting local unit of government. (Please check first with
your staff members to see if they have already received a workbook.)
There are separate workbooks for each regional development commission region. Please state which regional workbook you would like.
Additional copies of the Workbook may be purchased for $7.50 a
■piece from the Documents Section of the Department of Administration, Room 140 Centennial Building, St. Paul, MN 55155. The copies
will be mailed to you upon receipt of the request ana payment. Again, please specify which regional workbook you would like when you make
the request.
We urge each local unit of government to obtain at least one copy
of the Workbook.
For information on specific projects or aspects of the program, and
copies of EAWs, brochures, distribution lists and other materials,
please contact the EQB offices at (612) 296-2723.
Sincerely,
Peter Vanderpoel Chairman
/dh
!
■,
Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone 218-739-2271
Court House
Fergus Falls, Minnesota 56537
MALCOLM K. LEE, Administrator
July 29, 1988
Fair Hills Resort
David Kaldahl (Pres.)
P.O. Box 6
Detroit Lakes, MN 56501
RE; Earthinoving on Lake Five (56-357)
Dear Mr. Kaldahl,
In response to your letter which we received on July 27, 1988,
an onsite inspection of your property was made on July 28, 1988.
As your letter indicated, we found tliut a minor excavation had been
made between your proposed footings and the lake.
Technically, a Conditional Use Permit is required for any earth-
moving outside of a structure's footings. In fact, upon reviewing
our records, 1 found that Site Permit //8603 issued for the construction
of this structure specifically indicated that no excavation would be
made between the structure and the lake.
As was previously mentioned, the excavation which had been made
is very minor. With this and the distance between the cut and the
lake in mind, we will not require a Conditional Use Permit be applied
for and received in order for the cut to remain as is. We will require,
however, that tills cut is properly stabilized on or before Sept. 1, 1988.
In the future, do not start any earthinoving projects without first
contactingouroffice.
If you have any questions regarding this matter, please contact our
of fice.
Sincerely,
Bill Kalar
Asst. Administrator
Ijb
SHORELAND MANAGEMENTORDINANCE - DIVISION OF EMERGENCY SERVICE - SUBDIVISION CONTROl OnniMAMr-c SOLID WASTE ORDINANCE '-'-.im i nuL uhuinaNCE
SEWAGE SYSTEM CLEANERS ORDINANCE - RECORDER. OTTER TAIL COUNTY PLANNING ADVISORY COMMISSION
RIGHT-OF-WAY SETBACK ORDINANCE FUEL AND ENERGY COORDINATION