00-1116. Notice of Filing of Plat of an Island; Minnesota

1. The plat of the survey of an island in Fox Lake, Township 59 North, Range 25 West, Fourth Principal Meridian, Minnesota, accepted on January 6, 2000, will be officially filed in Eastern States, Springfield, Virginia at 7:30 a.m., on February 22, 2000. The tract shown below describes the island omitted from the original survey.

Fourth Principal Meridian, Minnesota

T. 59 N. R. 25 W.

Tract No. 37

2. Tract No. 37 is firm land rising 3-5 ft. above the ordinary high water mark. The soil has evolved from glacial till parent material and is similar to the soil found on the adjacent uplands. Numerous stones were located along the northerly and easterly shore of the island. Tree species consist of birch, cedar, fir and spruce, ranging in size from 3 to 15 inches in diameter, with a maximum age of 80+ years. The ground cover consists of alder, hazel, willow and native grasses on the southerly and westerly shore line.

Structures located on the island consist of an old log cabin, 141/2 × 211/2 feet, longside bears S. 68° W., a privy, an old well and a power pole with line bearing S. 19 E., to the adjacent upland.

3. The present water level of the lake compares favorably with that of the original meander line; therefore, the elevation and upland character of the island along with the depth and width of the lake between the adjacent upland and the island are considered evidence that the island did exist in 1858, the year Minnesota was admitted to the Union. The original survey in 1875 did not note the presence of this island.

4. Tract No. 37 is more than 50 percent upland in character within the interpretation of the Swamp and Overflow Act of September 28, 1850 (9 Stat. 519) as extended to the State of Minnesota under the Act of March 12, 1860 (12 Stat. 3). Therefore, the island is held to be public land.

5. The survey was requested by Edwin A. and Sheryl I. Olson, under the authority of Section 211 of FLPMA (43 U.S.C. 1721) and the Minnesota Public Lands Improvement Act of 1990, P.L. 101-442 (104 Stat. 1020).

6. Except for valid existing rights, this island will not be subject to application, petition, location or selection under any public law until February 22, 2000.

7. Interested parties protesting the determination that this island is public land of the United States, must present valid proof showing that the island did not exist at the time of statehood or that it was attached to the mainland at the time of the original survey. Such protests must be submitted in writing to the Chief Cadastral Surveyor, Eastern States, Bureau of Land Management, 7450 Boston Boulevard, Springfield, Virginia 22153, prior to 7:30 a.m., February 22, 2000.

Copies of the plat will be made available upon request and prepayment of the appropriate fee.

Dated: January 6, 2000.

Stephen G. Kopach,

Chief Cadastral Surveyor.