HomeMy WebLinkAboutRustling Leaf Resort_35000180171000_Memos,Correspondences, File Notes_& FILE MEMO &
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Action/Comments^
Date L&R Official
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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.ottertail.mn.us
CLUSTER DEVELOPMENT
PRE-APPLICATION MEETING NOTES
Cluster Name:
LakeNmnber: 5^’*"//*’/Lake Name: It/*
Rge._il£__Twp. / J VSec.
Cal BdfiKTA/)
Property Owner:
Who Attended:
Discussion: (Sec. IV. 11.)
jja^Open Space
Owners Association
j^Ef^resentation Requirements
Land Surveyor, Civil Engineer or Architect
Tier Location
Tier Area
Pre-Plat Requirements (Sec. IV. 10. D.)
l£a'''^nsity Calculation
Water Frontage
Buffer Zone *
^,,^0''^oa^
Pnvate
Public
Off Street Parking ^ j
Structure Setbacks
Standard\0>^ Maximum Density Increases
Cluster Development Meeting Notes
Page 2
jgr^entralized Sewage Treatment System
ized Shore Recreation Facilities
IT y. Dock(s)
Swimming Area(s)
Reduced Visibility (Structures, Parking Area, & Other Facilities)
Current License
Open Deck (200 Ft^ Max.)
Storage Structure (20 Ft^ Max. & 6 Ft Max. Height)
lO^C Considerations (Sec. V. 3.1.)
^ Compatibility
^ Environmental Impact
Hazards
r/ Density/Location
Land Suitability
Parking/TrafEc
Noise
r Lighting
Hours
Lot Size
Topographic Alteration
Any other possible adverse effects
^^P^rovided copy pf SMO
Signature Dat
5
Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone: (218) 739-2271
Court House
FERGUS FALLS, MINNESOTA 56537
December 13, 2000
.'f’
Rod Leaders
1701 N US #1
Ormond Beach FL 32174
RE:Property on West Leaf Lake (56-114)
Dear Mr. Leaders,
On December 11, 2000, Robert Moe (County Assessor) forwarded your letter dated
December 6, 2000 to me for a response to your question(s) pertaining to the potential sale
of your cabins.
From your letter and the property records here in the Courthouse, it appears that
you own four contiguous parcels (lots) of land adjacent to West Leaf Lake. Of these four
lots, two do not appear to comply with the minimum lot size requirements as set forth in
the County’s Shoreland Management Ordinance (SMO).
i.:
Section IV. 13.B. of the aforementioned SMO (copy enclosed) requires that
substandard (as in does not meet the minimum lot size requirement), contiguous lots
under the same ownership must be combined to meet or more closely approach the
minimum lot size requirements. Since this is the case, your four lots must be considered
as one large lot at this time.
It does appear, however, that it may be possible to subdivide your combined lot
such that your cabins (or at least some of them) could be sold separately from your home.
*i Since this is the case, I would suggest that you contact me (218-739-2271 Ext. 225)
after you return to Minnesota to discuss the possibilities.
Sincerely,
1 Bin Kalar
Administrator■ I
BK/jlt
Enc
PELOQUIN & MINGE, P.A.
Steven R. Peloquin
John Minge
ATTORNEYS AT LAW
Park Rapids Office
Tel: (218) 732-5507
201 South Main
Park Rapids, MN 56470
Fax: (218) 732-9772
Reply To:
Perham Office
Tel: (218) 346-6900
432 Third Avenue S.E.
Perham, MN 56573
Fax: (218) 346-9017
Reply To:
New York Mills Office
Tel: (218) 385-3100
15 N. Main, P.O. Box 277
New York Mills, MN 56567
Fax: (218) 385-4125
Reply To:/
June 6, 1SS5
d) Eeilf i B E
Mr. William Kalar
Otter Tail County Department
of Land & Resources
Otter Tail County Courthouse
Fergus Falls. MN 56537
fJUL 1 1 1995 ^
LAND & RESOURCE
f
RE: Rod and Vangie Leaders
Our File No. 95590
Dear Bill:
On May 18 I addressed a letter to you pertaining to the desire of the Leaders to
convey some parcels of property and retain some property. With regard to those
parcels of property and retain some property. With regarcJ to those parcels which they
would like to convey, it is my understanding (contrary to what I suggested in my May
18 letter) that the 40,000-square-foot size would be a presently permissible lot.
However, the bigger question from the Leaders' point of view has to do with the
property which they would retain after conveying those two lots. They would like to be
able to operate a scaled-back resort on the remaining property. My sense is that their
preference would be to continue to operate that on what shows up as Parcel C on
drawing no. 2839. That would require a conditional use permit, as I understand the
law. Can you see any problems with regard to this plan? Please let me know. If
there are problems, the Leaders' fall-back position-or at least their desired fall-back
position-would be to (rather than selling the two 40,000-square-foot lots) develop a
larger cluster development on Parcels A and B-or at least a portion of Parcels A and
B. If you see any problems with their first choice (of selling two 40,000 square foot
lots and operating a scaled-back resort on Parcel C after obtaining a conditional use
permit), do you see their back-up position as being a plausible position? Please let
me know.
'7/^ H
m
Mr. William Kalar
June 6, 1995
Page 2
I appreciate that many demands are being made on your time. Please let me know if,
for any reason, you think that it would be difficult to respond to this request for your
general reaction. If so, I would then recommend to the Leaders that they simply apply
for a conditional use permit to move forward with the scale-back resort on Parcel C
and go from there.
Thanks.
Very tr^ yours./
(I
John Minge
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BEARINGS ARE BASED ON AN ASSUMED DATUM.
- ■ DENOTES 'IRON MONUMENT FOUND.
• 1 DENOTES IRON MONUMENT SET MARKED " RLS 13620"
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CERTIFICATE OF SURVEY FOR:i
e •3'T ,[
Ji
ROD LEADERS
i■i
\
*CONTRACT NUMBER FIELD BOOK
iNDERSON LAND SURVEYING, INC
313 SOUTH MILL STREET
FERGUS FAL-L.S, MINNESOTA S6S3*7
(21 S> T39 —S26S
ALS-65/39199-91 1
COMPUTER FILE DRAWING NUMBER>
199-91 2
1f27185
DISK NUMBER 37 1
\
iJ
fll MAY 1 9 1995 [y
LAND & RESOURCE
NDERSOJNT LAND SURVEYING, INCl.
31 3 SOUTH MILL STREET
FBRGUS FALLS, MINNESOTA 5653T
(21 8) -739—8208
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27* mi/JE OAK TREE-"ff.
^WITNESS CORNER
[k\1 501 OO5050 25 O.. W'IV;/4 CORNER OF SEC. 17. T.134, R.J8
El/4 CORNER OF SEC. 18. T.134. R.38 /
\jV^
A IS.50 foot road , Minnesota, being a
]ROAD EASEMENT
Coawiencing at the East Quarter corner of said Section 18; thence on an assumed bearing of South along the east line of aid Section
1?A 0" • bearina of East a distance of 355.00 feet; thence on a baring of South a distance of210.46 feet; thence North 83 dearees 35 minutes 19 seconds lest a distance of 30S.23 feet; thence South 83 degrees 38 irnutes 57 seconds lest a disUnce of 36.68 feet; thence South 57 degrees 14 minutes 51 seconds lest a distance of 72.60 feet to tie point ofbeginning of the line to be described; thence continuing South 57 degrees 14 minutes 51 seconds lest a distance of 39.37 feet; thenceSouth 28 degrees 37 «inutes 46 seconds lest a distance of 56.82 feet; thence South 31 degrees 03 minutes 24 seconds lest a distanceof 97.46 feet; thence South 51 degrees 06 minutes 40 seconds lest a distance of 34.50 feet; thence South 70 degrees 40 ainutes 57seconds l«st a distance of 119.69 feet| thence South 89 degrees 06 minutes 28 seconb lest a ^stance of 98.03 feet; thence South 70 degrees 48 minutes 5 seconds lest a distance of 39.37 feet; thence South 60 degrees 41 minutes 56 seconds lest a distarce of 44.77 feet; thence South 54 degrees 47 minutes 54 seconds lest a distance of 81.48 feet to northeasterly line of a tract of lad described in Book 418 of Deeds, page 663, as filed of public record in the office of the Otter Tail bunty Recorder and there ternanating
■L SCALE IN FEET
1UJ
>50 FEETSCALE: 1 INCH
BEARINGS ARE BASED ON AN ASSUMED DATUM.
■ DENOTES IRON MONUMENT FOUND.
• DENOTES IRON MONUMENT SET MARKED " RLS 13620".
bj
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50.00
o
Together Kith a 16.50 foot road easement over and across that part of Government Lot 4, Section 17 and that part of Governmint Lot 4,
described line- Minnesota, being a strip of land 16.50 feet to the right of following
5 PARCEL A
All that part of Government Lot 4, Section 18, Township 134, Range 38, Otter Tail County, Minnesota, described as follows:
Commencing at the East Quarter corner of said Section 18; thence on an assumed bearing of South alonj the east line of said Section 18, a distance of 393.10 feet; thence South 57 degrees 14 minutes 51 seconds lest a distance of 186.83 feet; thence South 33 degrees 55 minutes 33 seconds lest a distance of 257.27 feet to the point of beginning of the land to be described; thence North 33 degrees b minutes 33 seconds East a distance of 257.27 feet; thence North 57 degrees 14 minutes 51 seconds East a distance of 186.83 feet to
said east line of Section 18; thence on a bearing of North along said east line, a distance of 111.00 feet; thence on a bearing of
lest a distance of 210.00 feet; thence on a bearing of South a distance of 161.79 feet; thence South 47 degrees 47 minutes 05 secondslest a ^stance of 491.61 feet to the most northerly corner of a tract of land described in Book 418 of Deeds, page 663, as filed ofpubic record in the office of the Otter Tail County Recorder; thence South 53 degrees 25 minutes 02 seconds East along the
northeasterly line of said tract of land described in Book 418 of Deeds, page 663, a distance of 216 feet more or less to theshoreline of lest leaf Lake; thence northeasterly along said shoreline to the intersection with a line which bears South 14 degrees b minutes 20 seconds East from the point of beginning; thence North 14 degrees 33 minutes 20 seconds lest a distance of 129 feet more or less to the to the point of beginning.
Containing 2.52 acres more or less.
Commencing at the East Quarter corner of said Section 18; thence on an assumed bearing of South along the east line of slid Section
fc t* • bearing of East a distance of 355.00 feet; thence on a bearing of South a dis:ance of210.46 feet; thence North 83 degrees 35 minutes 19 seconds lest a distance of 306.23 feet; thence South 83 degrees 38 miiutes 57 seconds lest a distance of 36.68 feet; thence South 57 degrees 14 minutes 51 seconds lest a distance of 72.60 feet to tls point ofbeginning of the line to be described; thence South 86 degrees 15 minutes 52 seconds East a distance of 106.85 feet; theice South 67degrees 33 "inutes 16 seconds East a distance of 37.78 feet; thence South 49 degrees 28 minutes 04 seconds East a distarce of 50.31 feet; thence South 59 degrees 16 minutes 13 seconds East a distance of 32.13 feet; thence South 87 degrees 09 minutes 42seconds East a distance of 28.74 feet; thence North 75 degrees 53 minutes 50 seconds East a distance of 81.51 feet; thence North 67 digrees 55minutes 41 seconds East a dutance of 99.21 feet; thence North 50 degrees 23 minutes 51 seconds East a distance of 57.96 feet to theeast line of the lest 405.00 feet of said Government Lot 4, Section 17
o<0
o<cand there terminating.
Together with a 33.00 foot road easement over and across that part of Government Lot 4, and the Northwest Quarter of said SBtion 17.
being a strip of land 33.00 feet to the right of the following described line: i
0405.00
u:
Beginning at the point of termination of the last described line: thence North parallel with the west line of said Sectiin 17 to the
north line of said Section 17 and there terminating. ’
1QKIIA 33'
\IVESr 210.00 EAST 355.00I PARCEL B
All that part of Government Lot 4, Section 17 and that part of Government Lot 4, Section 18, all in Township 134, Range 38, Otter Tail
County, Minnesota, described as follows:
Commencing at the East Quarter corner of said Section 18; thence on an assumed bearing of South along the east line of said Section lb a bstance of 39blD feet; thence South 57 degrees 14 minutes 51 seconds lest a distance of 186.83 feet; thence South 33 degrees
55 minutes 33 seconds lest a distance of 257.27 feet to the point of beginning of the land to be described; thence North 33 degreesb minutes 33 seconds East a bstance of 257.27 feet; thence North 57 degrees 14 minutes 51 seconds East a distance of 186.83 feet to
said east line of Section 18; thence on a bearing of North along said east line, a distance of 111.00 feet; thence on a bearing of East a distance of 355.00 feet; thence on a bearing of South a distance of 210.46 feetj thence North 83 degrees 35 minutes 19 seconds
lest a distance of 306.23 feetj thence South 83 degrees 38 minutes 57 seconds lest a distance of 36.68 feet; thence South 57 degrees 14 minutes 51 seconds lest a distance of 135.83 feet; thence on a bearing of South a distance of 41.07 feet; thence South 31 de^ees
03 minutes 24 seconds lest a distance of 99.09 feet; thence South 11 degrees 53 minutes 42 seconds East a distance of 136 feet moreor less to the shoreline of lest Leaf Lake; thence southwesterly along said shoreline to the intersection with a line which bears
South 14 degrees 33 minutes 20 seconds East from the point of beginning; thence North 14 degrees 33 minutes 20 seconds lest a distance of 129 feet more or less to the to the point of beginning.
Containing 2.67 acres more or less.
<)Commencing at the East Quarter corner of said Section 18; thence on an assumed bearing of South along the east line of slid Section
thence on a bearing of East a distance of 355.00 feet; thence on a bearing of South a distance of 210.46 feet; thence North 83 degrees 35 minutes 19 seconds lest a distance of 306.23 feet; thence South 83 degrees 38 miiutes 57 seconds lest a distance of 36.68 feet: thence South 57 degrees 14 minutes 51 seconds lest a ^stance of 135.83 feet; theice on a bearing of South a distance of 41.07 feet; thence South 31 degrees 03 minutes 24 seconds lest a distance of 99.09 feet tc the point of beginning of the line to be described; thence South 11 degrees 53 minutes 42 seconds East a distance of 78.85 feet ani there terminating. I
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A 3:k:PARCELto O\PARCEL A toOr\ OO bJ2.67 ACRES+/-2.52 ACRES+/-co bOci
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oCo A PARCEL C
The East 50.00 feet cFhe lest 405.00 feet of the Northwest Quarter of Section 17, Township 134, Range 38, Otter Tail County, Minnesota.
u_
AND
The.East 50.00 feet of the lest 405.00 feet of Government Lot 4, Section 17, Township 134, Range 38, Otter Tail County, Minnesota, lying
northerly of the following described line:
Commencing at the lest Quarter corner of said Section 17; thence on an assumed bearing of South along the west line of said Section 17, a distance of 282.10 feet to the point of beginning of the line to be described; thence on a bearing of East a distance of 405.00 feet and there terminating./
AND//i)/All that part of Government Lot 4, Section 11 and that part of Government Lot 4, Section 18, all in Township 134, Range 38, Otter Tail
County, Minnesota, described as follows:
Commencing at the lest Quarter corner of said Section 17; thence on an assumed bearing of South along the west line of said Section 17, a distance of 553.70 feet; thence South 81 degrees 41 minutes 00 seconds East a distance of 97.35 feet to a point to be
hereinafter referred to as Point "A"; thence North 81 degrees 41 minutes 00 seconds lest a distance of 97.35 to said west line; thence on bearing of North along said lest line, a distance of 271.60 feet; thence on a bearing of East a distance of 355.00 feet to
the point of beginning of the land to be described; thence on a bearing of South a distance of 210.46 feet; thence North 83 degrees 35 minutes 19 seconds lest a distance of 306.23 feet; thence South 83 degrees 38 minutes 57 seconds lest a distance of 36.68 feet; thence South 57 degrees 14 minutes 51 seconds lest a distance of 135.83 feet; thence on a bearing of South a distance of 41.07 feet;thence South 31 degrees 03 minutes 24 seconds lest a distance of 99.09 feet; thence South 11 degrees 53 minutes 42 seconds East adistance of 136 feet more or less to the shoreline of lest Leaf Lake; thence easterly along said shoreline to the intersection with a line which bears South from the above referenced Point "A"; thence on a bearing of North a distance of 213 feet more or less to said Point "A"; thence South 81 degrees 41 minutes 00 seconds East a distance of 50.95 feet; thence North 85 degrees 30 minutes 00 seconds East a distance of 259.06 feet to the east line of the lest 405.00 feet of Government Lot 4, said Section 17; thence on a bearing of North parallel with said west line of Section 17, a distance of 272.73 feet to the intersection with a line which bears East from thepoint of beginning; thence on bearing of lest a distance of 50.00 feet to the point of beginning.
Containing 4.69 acres more or less.
♦
96’ +/-
yr
SURVEYOR'S CERTIFICATE CERTIFICATE OF SURVEY FOR:
ROD LEADERS
Land Surveyor Minn. Reg. No. 13620 FIELD BOOKCONTRACT NUMBER
ALS-65/39199-91
DRATTING NUMBERCOMPUTER FILE
199-91
2839DISK NUMBER 44
STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATERS, SOILS AND MINERALS
Centennial Office Building, St. Paul, Minnesota, 55101
IN THE MATTER OF THE APPLICATION OF RODNEY W. LEADERS
fora PERMIT TO CHANGE THE COURSE. CURRENT, OR CROSS SECTION of WESJ^EAF LAKE (56-1 14). _
OTTER TAIL
W 70 50
Rev. 11/70 P.A.NO. 84-1031
K EC ti; i V
1 A19B3
I .County.
a:“d aPERMIT
Wernents and information contained in the permit application,
(Tall of which are made a part hereof by reference, PERMISSION
'_______whose address for the purpose of notices and other
which address is subject to change fay written
Pursuant to Minnesota Statutes, Chapter 105, and on the basis of
letters, maps, and plans submitted by the applicant, and other supporting cj IS HEREBY GRANTED to Mr. Rodnev W. Leaders
■ communications pertaining to this permit is 114 ScCOnd Street N.W,
notice from the permittee.Wadena, MN 56482
To Fill in an existing lagoon and inlet channel. The total area of fill to encompass an area
of approximately 4,000 square feet. The waterward extension of the fill shall terminate at
the; mouth of the inlet channel on the projection of the adjacent eastei^y and westerly shore- lines. All fill material placed below the Ordinary High Water Mark of(fflesPteaf Lake shall
be (granular) clean, inorganic material that is free of pollutants and nutrients.
PROPERTY DESCRIBED as: Gov't Lot 4, ScC. 18, T 134N, R; 38W
for the purpose of filling a previously dredged area.
This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS:
Otter Tail COUNTY
GENERAL PROVISIONS
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 all conditions and limitations now or hereafter imposed by
law.
This permit is not assignable except with the written consent of the Commissioner of Natural Resources.
The Director of the Division of Waters, Soils and Minerals 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 issued by the
Commissioner shall be kept securely posted in a conspicuous place at the site of operations.
No change shall be made, without written permission previously obtained from the Commissioner of Natural Resources, in the hydraulic
dimensions, capacity or location of any items of work authorized hereunder.
The 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.
This Permit may be terminated by the Commissioner of Natural Resources, without notice, at any time he deems it necessary for the
conservation of the 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.
1.
2.
3.
4.
5.
6.
SPECIAL PROVISIONS
October 31. 1985Construction work authorized under this permit shall be completed on or before
written request to the Commissioner by the Permittee, stating the reason therefore, an extention of time may be obtained.
i . UponI.
II. The excavation of soil authorized herein shall not be construed to include the removal of organic matter.
nOE.S NOT APPLY unless the area from which such organic matter is
removed is impervious or is sealed by the application of bentonite after excavation.
In all cases where the doing by the permittee of anything authorized by this permitshallinvolvethetaking.using.ordamagingof 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 therefor.
III.
IV. This permit is permissiveonly.NoliabilityshallbeimposeduponorincurredbytheStateofMinnesotaoranyofitsofficers,agentsoremployees,i
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 provisions of the permit or applicable provisions of law.
V. No material excavated by authority of this permit nor
portion of the bed of said waters which lies below. _
/
ijj^teri^fr^m any^tl^r. «|ur(^ exTOpt ^gi^ifi^ herejm shall^te ^laced on any T akp-
. It shall be the duty of the permittee to determine correctly all pertinent elevations
at the site of the work for the purpose of complying with the conditions of this permit.
Any extension of the surface of said waters resulting from work authorized by this permit shall become public waters and left open and
unobstructed for use by the public.
VI.
SPECIAL PROVISIONS
DOES cubic yards of sand, gravelVII. Receipt is hereby acknowledge of $
or rock and
computed at the rate of ten cents per cubic yard for sand and gravel and two cents per cubic yard for muck and silt.
NOTas payment for
APPLY cubic yards of muck and silt, the estimated amount of material to be removed hereunder
Permittee agrees by acceptance of this permit as shown by commencement of work authorized hereunder to pay, by certified check, bank or
postal money order, made payable to the State Treasurer and delivered to the Director, Division of Waters, Soils and Minerals, Department of
Natural Resources, Centennial Office Building, St. Paul, Minnesota 55101, for any material removed from the bed of public waters in excess of
that so estimated, at the above rate within thrity days after completion of the work authorized hereunder.
VI11. 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.
IX. Upon completion of construction, the bed of the protected water shall be restored as
nearly as practicable to the original cross-section.
X. The permittee shall cover or protect all exposed soil resulting from the construction
authorized by placing riprap, sod, and/or seed on banks and slopes of said construction for the
prevention of soil erosion, sedimentation and lake/stream discoloration.
XI. This permit does not obviate any requirement for federal assent from the U.S. Corps
of Engineers, 1135 U.S. Post Office & Custom House, St. Paul, MN 55101.
THIS INSTRUMENT WAS DRAFTED BY:
Terry Lejcher, Area Hydrologist
THIS INSTRUMENT WAS CHECKED BY:
Regional Hydrologist^^^^^Gerald L. Paul,
s DAY OFDATED AT ST. PAUL, MINNESOTA, THIScc: Region 1 Hydrologist
Region 1 Enforcement
Terry, Lejcher
zOtter Tail Co. Zoning
East Otter Tail Co. SWCD
U.S.C.E.
Lake file Jamey^K Cooper, Administratpr
Wafer Development Section
Division of Waters