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Mn.DNR cant enforce rules now.What happens with n - - - 3 messages. Showing 1 through 3.
dew2
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Joined 02/04/2008
Posts:55

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Daily Subscription Msg 1 Posted: 03:57 PM 08/03/10 (CST)
Here's my rant, I will never again support the Mn.DNR
In 2005 I applied for a permit to remove cattails for a dock area.I received the permit,It stated on it that it was for 2 months
I called the area Spicer DNR and asked why only 2 months,I was told that was the window I had to remove the cattails.
They told me that that permit is considered my life time permit to keep the area clean of new growth.OK so I started cleaning
the area the permit said to contact the DNR when ready to use a herbicide.The DNR came out to inspect a neighbors area
I caught them and said I was ready to apply the herbicide,They stated "well no one comes back here so go ahead poison it.
(I live on a cattail slew thats connected to Diamond lake in Kandiyohi county DOGFISH BAY)
I did and everything was fine.
UNTILL>>>>>>>>>>>>>>>

In 2007 I was going to install a dock on a adjoining property,A neighbor had the new DNR office from NewUlm out for his dock.
The NewUlm DNR was now incharge of the area not Spicer DNR.The neighbor was told he could legally cut to where the cattails abruptly turned to grasses.I called NewUlm and asked if this was so.Jacquelyn Bacigalupi the habitat specialist said "I was just out in Dogfish bay and approved a permi,t its a unique situation its so low and flat that where the grasses abruptly change to cattails was my determination of ordainary high water.OK

So I Call the County and ask what restrictions they have above OHW mark,I told them what Jacquelyn told me.The county guy said he'd be out with Skip from the DNR to shoot elevations of OHW. They did and marked it for me.Now its 42 feet above what jackie determined! OK so I dont cut beyond Skips elevation and install my dock.The county ask if you would please leave 37.5 feet natural shore untouched.So I figured with Jackies OHW and Skips being 42 feet above hers I'd cut to Skips and I would consider that 42 ft as untouched for the county. OK following Me cause now it gets confusing!!

My dock installed>> in 2009 Oct.the gamewarden CO Jeff Denz asks a bunch questions and tells me I have no permits! I tell him what the Spicer DNR told me.He asks if I poisoned cattails I said yes on the dock installed in 2005 but not on the dock installed in 2007.He leaves and returns in a week or so with Jacquelyn Bacigalupi. They again ask if I used poison YES I said on that dock,Jeff Denz then said you told me it was used on both docks,I said no you must have misunderstood me,He looks at me weird and says ARE YOU CALLING ME A LIAR ! I said no just a misunderstanding.

So Jackie reads me the rules and I said you OK'd the neighbor to cut to a point where cattails abruptly change to grasses.
I called you and you said yes thats what is considered OHW,She said NO this is what I said she started telling me what she said and I said lets look at the neighbors and you tell me you didn't OK that, Jeff Denz then told me to shut up and listen to what she told you,I said I know what she told me!

I figured then I better shut up Denz has the ticket book and is quick with the pen!!

So Jackie OKs me and I get a cease and desist order from the warden,Jackie states she'll give me a after the fact permit for the first dock Spicer OK'd.I have a permit for the second dock from her already.

Either christmas eve or christmas night here comes the warden pulled into our driveway.I answer the door, he's standing there with my $240.00 ticket that he could given me in Oct. Merry Christmas UH!

Long story hang in there.

I go to court and plead inocent.Next I drive over to the Spicer DNR and ask Bruce Gilbertson( area supervisor) about my permit. He says yes thats the way these were handled,your permit is how all area permits were handled out of this office.I ask him if he would put it in writing so I can show it to the judge,Because according to all they inspected and the permit I was in line with all the rules. HE IGNORED ME AND DID NOTHING!! He wouldn't return any emails or communicate with me anymore.So I knew I was out of luck! I paid the fine!!

Earlier this spring the DNR was out multiple times the spicer area Hydrologist Ethan Jenzen shot in elevations again! I asked if Skips elevations were correct he said yes BUT>>He is moving OHW mark back 5 feet cause there was a low spot that wasn't seen while cattails were standing?? UH? At that time I asked if he was going to violate all my neighbors,Because they are cut 40-60 feet closer to the water than I. He said NO unless you want to file a formal complaint. UH again!

Jeff Denz the warden was here and I asked him if the neighbors were going to get the same treatment as I.He stated I cant see anything wrong with their property. I said with any common sense if I am in violation of the OHW rule and their 40-60 ft closer to the water dont you think they may be in violation,He give me a little snicker and said that would have to be determined and that wasn't his job.

I have asked EVERY DNR personal if the rules applied only to me and not the other properties.They all ignored the fact that the neighbors are inviolation.They want me to file a complaint?? Dont they enforce the rules?? We have a new updated set of rules comming More strict than now! Why bother with any rules if they dont enforce them??? The only honest person out here was the county guy He stated "I have way too much other work to do than to go around to lakeshores and issue violations. I respect him for honesty and I know where he stands.

The DNR lost all my respect and I will never again support any state funds like the 3/8s of a percent I voted for I wish I could vote again!

By the way someone took photos of my new dock and turned me in.Thats how all this came about.

I made a mistake!! I got a permit and was under the DNRs sights.any neighbors that havent applied and got a permit are not in the DNRs sights.A couple who were in violation of the 15 wide area Ok to clear out with a permit were given a after the fact permit No tickets!!

If you plan on altering a shoreline it seems no permit is the way to go.With a permit they are required to get out of the office and inspect.With out it It seems they dont want to bother!! Its nice in a air conditioned office!!


Of all he things I ever done I aint never had too much fun

Keeping America clean and beautiful is a one mans job."Mine" We all need that attitude
WebDude
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Joined 02/26/2004
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Daily Subscription Msg 2 Posted: 07:54 AM 08/04/10 (CST)
Wow... sounds like they were gunnin' for you. The problem, I have found through experience, is that some people who are placed in a position of authority will use that authority to their own ends. It seems these type of people do not like to be questioned or told they are wrong. Once you start going down that path, you're screwed. Best thing to do, in my humble opinion, is to keep quiet and let it go.

Just an fyi...



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Domino Dave
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Joined 05/22/2009
Posts:433

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Daily Subscription Msg 3 Posted: 06:12 PM 08/04/10 (CST)
Incidentally, cattails are an invasive species from europe, they aren't even part of the Mn natural enviroment. They came over in the late 1800's I believe and did not make it to Mn till the 1940's or so. It won't be long and we won't be able to pull your docks out in the winter because you will be hurting the zebra mussels sensitive enviroment.
Mn.DNR cant enforce rules now.What happens with n - - - 3 messages. Showing 1 through 3.
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