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This Time-Line was presented at the Bass Lake District Meeting
8/13/2011

Town of Upham applies for Culvert replacement permit (Trans 207)
8/8/2006
(original survey & plan performed by the un-official Town Engineer who
also has his residence on Summit Lake)

DNR approves Trans 207 permit but clearly notifies the Town of
10/2/2006
12 specific conditions.

Photos/Drawings/Letters of concern sent to Jon Simonsen (DNR).
2006-2009

DNR orders Town of Upham to survey based on findings & site visits.
8/10/2009

Upham Town Board refuses to survey. (In writing) 9/8/2009
Even after Bass Lake District agreed to pay for survey.

DNR conducts its own elevation survey & verifies noncompliance.
11/13/2009

DNR orders Town of Upham to “reset” culvert by letter. 12/18/2009
-Town was to provide plan by 2/1/2010 and did not.
-“reset” within 2 years or 12/18/2011

Town of Upham verbally refuses to take any corrective action.
3/2/2010
-that was documented in Town Board minutes.

DNR states they are determining legal enforcement method. 5/20/2010

DNR re-affirms that they will be taking next enforcement steps.
7/19/2010

DNR informs us the case has been escalated to 10/13/2010
Northern Regional Enforcement Branch of DNR.

DNR conducts additional field surveys. Spring & Summer 2011

Town of Upham issued a NOV and Notice of Claim 6/10/2011
DNR communicates at least 2 of 12 conditions for the replacement were
not met.
-as currently set it is not 6” below streambed bottom
-is to allow free movement of water and not to impede migration of
aquatic
species or influence water elevations of Summit Lake,

NOV Hearing conference, Town was formally informed of the violation.
7/14/2011
Town engineer admits never reading detail of the conditions for the
new culvert before work began.

At the monthly town meeting in Aug 2011 the TOWN BOARD unanimously
8/2/2011
voted to respond to the DNR that there will be two conditions under
which they
would even consider resetting the culvert: 1.) when the road surface
needs to be replaced
in 4-5 years and if 2.) the DNR must specifically state at what
elevations the culvert
be set. **The Town has been told repeatedly the engineering of a
solution is not the
role of the DNR. Town has not identified the cost of resetting the
culvert even though the pipe is already paid for but claims they don't
have the money to pay for it.

A decision/action/response is due from Town to the DNR. 8/15/2011

Archive

  • August 13, 2011 Forrest Road Culvert Time Line