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(2) <br /> Under the terms of Paragraph 9 of the reservation of use such a transfer <br /> is acceptable to the National Park Service and in fact occurs at various <br /> times in a large percentage of the reservations of use in this project. <br /> Paragraph 3 of the terms of the Right of Use and Occupancy states in <br /> part that "Any building or structure damaged or destroyed by fire or <br /> other casualty or deteriorated by the elements or wear and tear may be <br /> maintained, repaired, renovated, remodeled or reconstructed so long as <br /> the basic character of the building or structure is not materially <br /> altered" . <br /> Based on the above paragraph of the reservation of use this office has <br /> assured Mr. Fisher that, as far as the National Park Service is <br /> concerned, under the terms of the Right of Use and Occupancy, he has the <br /> right to completely reconstruct the dwelling and any other structures <br /> destroyed by the fire in approximately the same size and location as <br /> existed before the fire. In other words, without attempting to <br /> influence Burnett County in the application and enforcement of its <br /> zoning regulations and although the location of the dwelling may have <br /> been a non-conforming use as far as shoreland and/or floodplain <br /> ordinances are concerned, the National Park Service has no alternative <br /> but to permit the reconstruction of the dwelling, as set out above and <br /> in the reservation of use and will make no objection if Burnett County <br /> approves Fisher's application for a variance to do so under as provided <br /> for in the terms of the reservation of use. <br /> Other factors that the County might want to take into consideration are <br /> that all the land and structures in Tract 45-120 are owned by the United <br /> States and managed by the National Park Service and that the existing <br /> reservation of use, regardless of who the owner or owners might be at <br /> any given time, will definitely expire at the end of the original period <br /> or on March 15th in the year 2016. That date is 25 years from the date <br /> of the original court order, there are no provisions for an extension of <br /> the 25 year period and, at the end of that period, all man-made <br /> structures and improvements will be removed by the National Park Service <br /> from Tract 45-120 and from the project. <br /> We trust the above information will answer any questions you may have <br /> about the National Park Service's position in this matter. However, if <br /> you need more information, please write or call Jack Pattie, our Land <br /> Resources Officer, at (715) 483 3284 . <br /> Sincerely, <br /> Anthony L. Andersen <br /> Superintendent <br /> enclosures <br /> cc: Dan Fisher <br />