HomeMy WebLinkAboutScenic Point Resort_10000130089012_Conditional Use Permits_05-03-1986Q5-03'l‘i%OTTER TAIL COUNTY
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NOTE; This card shall be placed in a conspicuous place not more than 4 feet above grade on the premises on which work is
to be done, and shall be maintained there until completion of such work. _Notify Department of Land and Resource
Management, Telephone (218) 739-2271 when authorized work has been
BY:
OTTER TAIL COUNTY, MINNESOTA
Board of County Commissioners
ADMINISTRATOR, Land and Resole Management
Entire area shall be stabilized within 10 days of the completion of the moving project.
Owner is legally responsible for all surface water drainage that may
3. No fill shall enter or be taken from the beds of a public water without a valid permit from the State of Minnesota Depart-
'ment of Natural Resources.
occur.
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Department of
LAND & RESOUI^CE MANAGEMENT
COUNTY OF OTTER TAIL
Phone 218-739-2271
Court House
Fergus Falls, Minnesota 56537
MALCOLM K. LEE, Administrator
January 21, 1985
Mr. Terry C. Colton
Scenic Point Resort
Rt. 1, Box 201
Clitherall, MN 56524
Placement of fill material landward of Clitherall Lake, No. 56-238.RE:
Dear Mr. Colton:
Our office recently received a copy of the Protected Waters Permit
issued to you by the Minnesota Department of Natural Resources which
indicates that you plan to spread the spoil (removed material) landward of
the ordinary high water mark over a large area.
Please be advised that in order to proceed with your proposal you may
need a conditional use permit from Otter Tail County (see enclosed Shoreland
Management Ordinance) prior to placing the fill landward of Clitherall lake.
Please contact this office at your earliest convenience so that this
matter can be finalized as soon as possible.
Sincerely,
Bill Kalar
Inspector
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SHORELAND MANAGEMENT ORDINANCE - DIVISION OF EMERGENCY SERVICE - SUBDIVISION CONTROL ORDINANCE
SOLID WASTE ORDINANCE
SEWAGE SYSTEM CLEANERS ORDINANCE — RECORDER, OTTER TAIL COUNTY PLANNING ADVISORY COMMISSION
RIGHT-OF-WAY SETBACK ORDINANCE FUEL AND ENERGY COORDINATION
I yystei
NA-0?733-01 P.A. NuaberPROTECTED WATERS
PERMIT
INNESOTA
Natural Resources
a ter*
85-1023tiOpartmenl ol
Otviaion of
Purtuanl to Minnetota Statutes, Chapter 105, and on the basis of stateaents and inforaation contained in the
perait application, letters, aaps and plans subaitted by the applicant and others supporting data, all of which
are aade a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant naaad btlow to change the course,
current, or crosa section of the following:
C(untyProtected Mater
CLITHERALL LAKE (56-238)OTTER TAll
Telephone Nuaber (include Area Code)Naae of Applicant
(218) 864-5748TERRY C. COLTON
Address (No. C Street, RfO, Box No., City, State, Zip Code)
SCENIC POINT RESORT, RTE. 1, BOX 201, CLITHERALL, MN 56524
Authorized to: Perform maintenance excavation (removal of accumulated sand) on the existing L-shaped
harbor inlet channel. Excavation shall be limited solely to the inlet channel. This channel is 25 ft.
in length (distance from the Ordinary High Water Mark of Clitherall Lake to the mouth of the harbor),
over a large area.
^noiWremovec^a
ffaK^a^WSread10 feet in width and 2.5 feet in depth. ^
the Ordinary High Wat Mark of Clither^
Expiration Date of PeraitPurpose of Perait:
Channel cleanout.,~anuary 17, 1986
County
Otter Tail
Property Described as;
Section 13, T 132N, R 40W
As Indicated: (11)
Mark of Clitherall Lake.
As Indicated: (8)
Does Not Apply
The Ordinary High Water
This perait is granted subject to the following GENERAL and SPECIAL PROVISIONS:
GENERAL PROVISIONS
1. This perait is peraissive only and shall not release the peraittee froa any liability or obligation iaposed
by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall reaain in force subject to
all conditions and liaitations now or hereafter iaposed by law.
2. This perait is not assignable except with the written consent of the Coaaissioner of Natural Resources.
3. The Regional Hydrologist shall be notified at least five days in advance of the coaaenceaent of the work authorized
hereunder and shall be notified of its coapletion within five days thereafter. The notice of perait issued
by the Coaaissioner shall be kept securely posted in a conspicuous place at the site of operations.
4. No change shall be aade, without written peraission previously obtained froa the Coaaissioner of Natural Resources,
in the diaensions, capacity or location of any iteas of work authorized hereunder.
5. The peraittee shall grant access to the site at all reasonable tiaes during and after construction to authorized
representatives of the Coaaissioner of Natural Resources for inspection of the work authorized hereunder.
6. This Perait aay be terainated by the Coaaissioner of Natural Resources at any tiae he deeas 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 perait, unless otherwise provided in the Special Provisions.
7. Construction work authorized under this perait shall be coapleted on or before date specified above. Upon written
request to the Coaaissioner by the Peraittee, stating the reason therefore, an extension of tiae aay be obtained.
8. The excavation of soil authorized herein shall not be construed to include the reaoval of organic aatter (as
indicated above) unless the area froa which such organic aatter is reaoved, is iapervious, or is sealed by
the application of bentonite after excavation.
9. In all cases where the doing by the peraittee of anything authorized by this perait shall involve the taking,
using, or daaaging of any property rights or interests of any other person or persons, or of any publicly owned
lands or iaproveaents thereon or interests therein, the peraittee, 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. Thit pemit it ptriitiive only. No liibility shall be iapoted upon or incurred by the State of Ninn.fsota or
any of Its officers, agents or eaployees, officially or personally, on account of the granting hereof or ^n
account of any daaage to any person or property resulting froa any act or oaission of the peraittee
of its agents, eaployees, or contractors relating to any aatter hereunder. This perait shall not be construed
as estopping or liaiting any legal claias or right of action of any person other than the state against the
peraittee, its agents, eaployees, or contractors, for any daaage or injury resulting froa any such act or oaission,
or as estopping or liaiting any legal claia or right of action of the state against the peraittee, its agents,
eaployees, or contractors for violation of or failure to coaply uith the perait or applicable provisions of
1 aw.
11. No aaterial excavated by authority of this perait nor aaterial froa 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 froa work authorized by this perait shall becoae protected
waters and left open and unobstructed for use by the public.
13. This perait does not obviate any requireaent for federal assent froa the U.S. Corps of Engineers, 1135 U.S.
Post Office and Custoa House, St. Paul, Minnesota 55101.
or any
SPECIAL PROVISIONS
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.
1.
Spoil material shall not be placed on the beds of protected waters, and wherever
possible, such material should not be placed anywhere within areas subject to flooding.
Upon completion of construction, the bed of the protected water shall be
restored as nearly as practicable to the original cross-section.
Future maintenance excavation of this project shall not exceed the dimensions
herein authorized. Prior to commencing any maintenance excavation, permittee shall advise
the Department of Natural Resources of the volume of material to be removed, the manner of
removal, and the spoil disposal slte(s) proposed. Maintenance excavation shall not be
commenced until permittee’s receipt of the Department's approval.
To protect fish spawning activities, no excavation shall be allowed prior to
June 15th of any calendar year.
Tl.
ITT.
IV.
V.
THIS INSTRUMENT WAS DPJLFTED BY: Terry Lejcher, Area Hydrologist
St. Paul Waters
Enforcement
Terry Lejcher
Otter Tail Co. Zoning
West Otter Tall Co. SWCD
U.S.C.E.
cc:
Authorized Signature Title
Regional Hydrologist
Date
January 17, 1985
Gerald L. Paul