2010 - incomplete permit app. for MCWD

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2. Revised plan showing the required 30' wetland buffer adjacent to the wetland boundary indicated on the plan set(*Note: If the wetland buffer area is going to be disturbed by grading, a wetland buffer planting plan, maintenance plan, and monitoring plan will be required) 3. Recorded Declaration for the wetland buffer on site (see attached memo&template) 4. Location of required wetland buffer signs (at each lot line where it crosses a wetland buffer and where needed to indicate the contour of the buffer) Item#1: A check has been written and is clipped to the application papers. The check will be mailed with the papers you have requested. Thank you for waiving after the fact fees,as we were informed there was previously no need to place an application with the Minnehaha Creek Watershed District. Item#2: The survey company which has worked this property is presently processing a modification of the survey plan to be in agreement with your request, namely, that the wetland buffer be changed from 25 feet to 30 feet. This process takes time and scheduling, and the survey company confirmed with me today via phone conversation that the modifications will be completed today (Thursday, October 28, 2010) or tomorrow(Friday, October 29, 2010). Once this modification is made and submitted to me I will then need to pass it along to you and update that file with the city of Orono. Item #3: The Recorded Declaration for the wetland buffer on site statement which you required is a statement which the client is uncomfortable signing at this time. The document uses language such as"perpetuity" and "whereas the Property constitutes the entirety of the land to which Minnehaha Creek Watershed District Permit#10-310 applies" the client legally would be bound forever more to yield the entirety of their property to the Watershed District's wishes, rules, regulations even should they change. Therefore the client will need to submit the document for consideration to a legal counsel. The same will hold true for Son of A Carpenter, Inc. as I am unable to represent the client legally and sign for them concerning the perpetuity of their own property. The entirety of the documents thus far required of the District by Son of A Carpenter, Inc. are submitted and under review by a legal counsel for clarification of what paths Son of A Carpenter, Inc, may legally pursue on behalf of the client. Item#3: Likewise, since there is a mortgage on the proposed property,the mortgage holder for the property has expressed they have never signed nor will they sign a document which grants first lien rights or any first right on the proposed property to anyone other than the mortgage holder. The document"CONSENT AND SUBORDINATION" states the mortgage holder"agrees that its rights in the property affected by the Declaration shall be subordinated thereto" (that is, to the requirements of the Minnehaha Creek Watershed District's Rules and Requirements would legally take precedence over even the mortgage holders rights to first lien holder). The mortgage originator indicated the mortgage holder will likely not sign such a statement, but the forms have all been submitted to the mortgage servicing department for the subject mortgage holder to review and deny and/or approve. I would expect as they review the documents they will respond accordingly. I have a site survey and plan which applies to the site, but you have indicated an additional site plan. Your note of "Attachment A" has not been received by me so I am unable to verify what items you may have set out further for the property in question, as you stated that of"...all buffers, stormwater facilities, or other areas where maintenance and preservation is required clearly shown". Since I have not received this alternate plan I cannot comment on the content thereof. After the Declaration has been reviewed by all parties, including the MCWD staff and deemed acceptable, it will then be signed, notarized, and recorded with Hennepin County if this is the legal requirement the proper authorities determine is proper. Additionally, I am still awaiting the results of my request to the Minnehaha Creek Watershed District for an apology to be made to me and the site for the ridiculous, embarrassing, and terrible treatment by the unidentified intern who amplified absolutely unprofessional and unofficial behavior supposedly in the name of the Minnehaha Creek 3