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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












