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• DEC-15-2204 16 42 P.03/04 Minnehaha Creek eWatershed District Improving Quality of Water, Quality of Life Established in 1967 Mail: o Detailed schedule Indicating dates and sequence of land alteration activities, implementation, maintenance and removal of erosion and sedimentation control 18202 Minnetonka Blvd. measures and permanent site stabilization measures Deephaven,MN 55391 Rule C: Floodplain Alteration (Options to Resolve Floodplain FM Violation) Phone:(952)471-0590 Option 1 Fax;(952)471 0662 • Remove all fill below the pre-fill location of the 100 year floodplain elevation of 931.5 Option 2 • Provide the pre-fill location of the 100 year floodplain defined at an elevation of 931.5 feet Email: above sea leave) • There shall be no net loss of volume within the 100 year floodplain admin@minnshahacreek.org o Calculations of flood storage impacts and creation must be provided and based on Web Site: changes from pre-fill conditions. o Locations of floodplain fill and mitigation must be shown on all plans with www.minnehahacreek.org corresponding cut and fill calculations. • The lowest opening of any new structure shall be at least 2 feet higher then the 100 year floodplain of 931.5 feet above sea level. Rule D: Wetland Protection • Provide a wetland determination/delineation of all wetlands on the subject property including those areas, which have been filled Board of Managers • Remove all fill from the wetland on the along the east side of the house • Calculate the amount of impact along the lakeshore to ensure it is under the allowed 400 Pamela Blixt square feet for de minimis as per the WCA Rules Chapter 8420.0122 subpart 9 James Calkins • Buffers must be proposed around all wetlands in accordance with Rule D and shall be based off of the size of the wetland basin: Lance Fisher o 0 -1 acre = 16.5 feet Susan Goetz o 1 —2.5 acres = 20 feet o 2.5—5 acres = 25 feet Richard Miller o >5 acres = 35 feet Ethel Smith Rule J: Fees Charged In Certain Cases • Pay all Rule J fees as associated with staff review, will be required to be payed prior to Scott Thomas permit issuance Rule K: Surety for Wetland Alteration and Floodplain Fill • Submit a surety in the amount of$5,000.00 In order to resolve this matter within a reasonable a timely fashion the items indicated above will need to be submitted within the following time frame: • Submit materials for MCWD Rules B and K no later than January 5, 2004 • Submit materials for MCWD Rules C and D no later than April 20, 2005 • MCWD Rule J and submitting a declaration for the preservation of wetland buffers as per Rule D will be required prior to permit issuance The following is the summary of the MCWD Board of Managers Minutes where this matter was heard at the violations committee meeting and later discussed and voted on at the MCWD Board of Managers meeting on October 28, 2004. It was moved by Manager Miller, seconded by Manager Keeley, that the Board of Managers finds a violation of MCWD Rules B (erosion control); Rule C (floodplain alteration; and Rule D and the Wetland Conservation Act as set forth in the staff violation report dated October 28, 2004; and that Mr. Scherber be ordered: to install emergency/temporary erosion protection including silt fence no later than 5:00 p.m. on Monday, November 1; to prepare a complete erosion control plan meeting the District Rules and providing for stabilization of the site for the winter season and submit this plan to C:\Documents and Settings\jcarlson\Local Settings\Temporary Internet Piles\OLIC26\1006 Wildhurst Trnil_conditions to resolve.doc