From: "Tim Goeman" <tim.goeman@dnr.state.mn.us>
To: <johnrey@uslink.net>
Cc: "Ron Payer" <ron.payer@dnr.state.mn.us>; "Steve Hirsch"
<steve.hirsch@dnr.state.mn.us>
Sent: Monday, July 07, 2003 8:33 AM
Subject: Re: clarification request-second attempt





This is in response to your June 26, 2003 Email.
>
We have attempted to clear up licensing issues regarding your ponds a number of times, including at a meeting in December 2001 and most recently in a letter dated June 16, 2003.  In these attempts, we have addressed the issues raised in your recent Email.  However, in the interest of trying to once again clarify our position I offer the following information.
In answer to your specific question, your ponds may become connected to public waters because they are very close to a ditch that flows into Fawn Lake and eventually the Mississippi River.  A heavy rainfall, such as we have experienced in some parts of Minnesota over the past couple of weeks, could cause your ponds to overflow and empty into this ditch.
As provided by Minnesota Statutes, Section 17.4984, subd. 2, paragraph b, we have required that you take measures to prevent fish passage in order to conditionally license these ponds for non-indigenous species.  As you acknowledged in your June 23, 2003 Email, these measures have not yet been completed.  If and when they are completed, we will conditionally license your ponds for non-indigenous species.
We have not yet forwarded flood-plain information on your ponds to you, because it is not available.  We do not know if and when this information will become available.  On the FEMA map, your ponds are located within "Zone X", meaning no data is available but the area is outside the 500-year flood plain for insurance purposes.  The map legend states that this map "does not necessarily identify all planimetric features outside Special Flood Hazard Area or all areas subject to flooding, particularly from local drainage sources or small size."
>
In summary:

Your ponds may become connected to other waters because they are close to a ditch that is connected to the Mississippi River.

The fish passage prevention measures that we required as a condition for licensing your ponds for non-indigenous species have not been completed.

We will not license your ponds for non-indigenous species until the specified measures are completed.

If the fish passage prevention measures are completed, we will conditionally license your ponds for non-indigenous species.
Please be advised that I have no further information to provide regarding these pond-licensing issues.
>
>
>
>
> Tim Goeman, Regional Manager
> DNR Fisheries
> 1201 E Hwy 2
> Grand Rapids  MN  55744
> 218.327.4415
> FAX  218.327.4263
> tim.goeman@dnr.state.mn.us
>
>
>
>

>>> "John" <johnrey@uslink.net> 07/02/03 08:13AM >>>
July 2, 2003
>

Mr. Goeman,
>
I continue to await your answer on where and/or how my ponds "may be connected" to public water.  This is my second request.
>
Sincerely,

John Reynolds
Midwest Fish and Crayfish
26385 County Road 3
Merrifield MN 56465


From: John

To: Tim Goeman
Cc: Dale Walz ; sen.paul.koering@senate.mn ; Gene Merriam ; Mark Holsten
; Steve Hirsch ; Roy Johannes ; greg@oswaldsfisheries.com ; John
Sent: Thursday, June 26, 2003 8:21 AM
Subject: clarification request
>
>

Mr. Goeman,
>
My ponds are out of the 500-year flood plain, are 17 feet above the city of Brainerd and have no permanent or intermittent connection to public waters.  According to Minnesota statute they can be licensed for all species except the Commissioner can deny licensing for species not found in Minnesota.  The documents that you personally signed in 1998 and 2001 approve the ponds for all species.
>
Your first excuse for changing my existing license was that the ponds were within the 25-year flood plain even though there was no evidence to back that up.  I have an 2001 email where you said you would forward the 25-year flood plain information when it became available.  I have yet to receive it.
Later Mr. Johannes claimed that my ponds "may be connected" to public waters as justification for the change.  See Subd. 2 (b) below.
Now I request that you send me specific information on where and/or how my ponds "may be connected" to public waters.
>
This is my first request.
>
Sincerely,
John Reynolds
Midwest Fish and Crayfish



>
17.4984 Aquatic farm license.

Subd. 2.    Listed waters.  (a) An aquatic farm license must list:
>
(b) The right to use waters licensed for private fish hatchery or aquatic farm purposes may be transferred between licensees with prior
approval by the commissioner if requirements for species to be raised are met.  Waters that are continually connected by a permanent watercourse to other waters must not be approved for aquatic farm use, except that connected waters that are isolated from other waters may be licensed as a single water body.  Waters that are intermittently connected or may become connected with other waters may be denied, or screening or other measures may be required to prevent passage of aquatic life.  Listed waters may be changed on approval by the area fisheries supervisor or the commissioner.