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Christine Mattson <br /> From: Elizabeth Brown <EBrown@minnehahacreek.org> <br /> Sent: Friday, September 18, 2015 12:06 PM <br /> To: mike@landscapesunlimitedmn.com <br /> Cc: jon@gonyeacompanies.com; ethan@gonyeahomes.com; Christine Mattson; Melanie Curtis; <br /> Terrence Chastan-Davis <br /> Subject: RE: Notice of Probable Violation permit 15-031: 790 Brown Rd N, Orono <br /> Attachments: 8. Rule-wetland(1).pdf; Capture2.png <br /> Hi Mike, <br /> Thanks again for your phone calls this morning, I am glad that we were able to touch base about 790 Brown Road and <br /> come up with a framework for moving forward. <br /> Summin� up what was discussed: <br /> -No further work was planned within the wetland, wetland buffer, and floodplain. <br /> -The disturbance observed was caused by removing trees/stumps, smoothing out the existing soil (no fill or grade <br /> changes), and planting with turf grass (no sod)/erosion control blanket. <br /> -The homeowner may be interested in a path/boardwalk to the lake at some point—your firm will ensure that they are <br /> aware that they should contact MCWD prior to project planning so that we can help them design something that meets <br /> all of the applicable standards and rules. <br /> -The stockpile of vegetation currently in the wetland/wetland buffer/floodplain will be removed once the site dries out <br /> sufficiently to allow minimal site disturbance during removal. <br /> -Gonyea will provide us with the requested clarification on the stairs on the site plans. <br /> -MCWD would typically require a planting, maintenance, and monitoring plan for the disturbed buffer area in line with <br /> Sections 7(c),9(g-h), and 10 of the Wetland Protection rule (attached), as well as an estimate of the disturbed buffer <br /> area for use in calculating the financial assurance required. Financial assurance would be$5,000+$1,000/acre of <br /> disturbed area and would be returned after 3-5 years of buffer establishment, provided the monitoring efforts described <br /> in Section 10 deem the establishment successful. <br /> -MCWD has reviewed the information you provided us on the phone and the landscaping plan that was sent earlier this <br /> summer.We understand that you acted with good intent (1) in performing the uprooted tree removal specified on the <br /> landscaping plan on which you requested comment, though the plan was sent to former staff and you should have <br /> received an auto-response email indicating that she no longer worked at the District/directing you to current staff, and <br /> (2) in installing erosion control blanket and planting grass to stabilize the soil and establish vegetation cover. Considering <br /> these good faith efforts,we will not be requirin�a new plantin�, maintenance, and monitoring plan or financial <br /> assurance for the disturbed buffer area. <br /> However, we do have the following follow-up comments: <br /> -The wetland buffer areas noted in the attached site plan cannot be mowed, as described in Section 7(a) of the Wetland <br /> Protection rule.The wetland buffer declaration that Gonyea is preparing to record to the property should be shared <br /> with the current/future residents so they are aware of the activity restrictions within the buffer areas. Property owners <br /> will be held responsible for any prohibited activities that take place within the wetland buffer. <br /> -Turf grass is unlikely to persist in the planted area due to the wet conditions. While we will not be requiring the area to <br /> be replanted,we do urge you to plant a native seed mix such as MN 34-261 <br /> (http://www.bwsr.state.mn.us/native ve�etation/seedmix-summary.pdf)that is more adapted to the local site <br /> conditions. <br /> Next Steps <br /> -Remove cut vegetation from wetland/wetland buffer/floodplain as soon as site conditions allow-(Landscapes <br /> Unlimited) <br /> i <br />