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Home My WebLink AboutRe: buffer area - Exhibit B 2-18-2015 � i ��T � MINNEHAHA CREEK WATERSHED DISTRICT QUALITY OF WATER QUALITY Of LIFE Tjte?4{rtr,Ei�r1t'r� C�2�k 6�rrr�erst,•ed llistrir,t is February 18,2015 cc�;nm�trea to r, :ec��fst��a rote ir� TO: Mela.nie Curtis,City of Orono protec�ing, 'rrprovir�� CC: Casey and Jill�ioBhn FROM: Minnehaha Creek Watershed District cr7d mUr�crgirt�the �: 2325 Glendale Cove Lat�e surfr�re avaLers t�°�!� The Minnehaha Creek Watershed District(MCWD)h$s reviewed the letter and attached plans :��t,Gtec�gro�f��r,f.�c�ter submitted to the District on February 10,2015 for the above referenced property.Based on our resvurces w?t!;ir fr1� review,We f1Il(�that: �;�strr'cc, rnctudr'nq�f��;; l. The applicant will remove the sod within the designated wetland buffer area. retc�t�onshi�s �c th� 2. The applicant will seed the area with an approved native seed mixture(attached). e,.r�sy.sc�t��s �`�rlaici� tl:2y 3. The submitted plan wi11 meet wetland buffer vegetation requirements of Section 7 of the cte rr,r trrte�rtr{�c2. , Distriet s Wetland Protection Rule. We achi��<<e our a��ssior� 4. The submitted plan offers the greatest resouree proteetion by providing approximately 7250ft of thrc�u�h rec�;ltaf�on, wetland buffer. capitn�projecrs, The District requires that prior to seeding,the soils of the wetland bui�er be decompacted to a depth of e�t�;cc,tic,z, c�c.aerc.�r.t-e 18 inehes and organic matter incorporated into the soils before revegetation.The District requires that e�,dea�a;s, �a�rc ctt�et �'►e buffer vegetation is maintauned in accordance with Section 7(a)ofthe District's Wetland Protection Rule.The District requires that buffer signs are installed on the wetland buffer edge in �roa��r'rs vcr�erl c�n $ccord�r►ce with Section 5(d)of the District's i�Vetiand Protection Rule. sot,nd sci�rrc�. If there are any qnestions,please contact me at(952)473-2855 or at chall@minnehahacreek.org. i,t�ov�tive thinkin�, �n � �18A1C}�Oli, F'r�r,,�rred crntt enr�r�3�d coruEituer:cy, trt�d�kre �`�`��-��"''"s�'�'� Courtney Hall,MC � �� Disirict Teehnician pt�b(ic f,�,ttt;s. f �, Pr�srie Restorations Inc-Restoring Natural Habitats-Maintaining Native Landscapes Page 1 of 1 � � � � � • • Call Us Todoy! Follow us on 1-800-837-598b ,,�:�,��,; _. ___. ._ �.._ .._ Home About Us Co�kact Us L��tts� � ; Subr P��gQ�� You ars Here:WlWflower Ssed Mixsa>ShoAfDry Wlidllowsr Mtx vw�a�� ShortlDry Wildflower Mix �s.Sedgas�BulrusAes Seed Mix IntormaUon: Trees and Shrubs Soll Type:Ideal in sandy or grevelly aoNe,elong walkways�rM around but�i�gs where shorter vegetetiona is deslrebie Soll Moistu►e:Cky Wild(lower Seed Mixes Averape Hetght:t-3!t. Sun Ezposure:F�II bo pariiai eun Graes Seed Mixes Seeding Rate:Broedcast:1Y2-11bJ10,000 sq.R. Sod Fiets Descrlptfon Price Priee per Ounce 512.28 R�� Price per Pound f198.00 CATAL ,Of`a � Detqiled DeseHption Compositlon: 1756 Purple prairle clover,l8y,Biack-eyed 8usan,li%Hoary vervain,109G Leadplant,10X Whita prakie Ta Order Cati: clover,4'K Bush ctover,4%Showy penstemon,89G Rzure aster,S!G Stlil ttakseed,S%Gray goWenrod, 1-8QD-887-5988 or 763-38&4942 Z%Common milkweed,29�Rough blerJng star,2%Wlld bergamot,2%PrelAe rose,29G Stlif goldanrod, 1�Fregrent piant hysaop,1%PralAe clnqueto11,1X Westem spldatwort,l%Ooldan Alsx�nder,0.69L Yarrow,0.6%NortMern bedatraw,ali by bulk wY.a Cus4omar Swvke: 1-800-837-5888 Malitng Address: Pra�le Restorationa Inc. 31848128th Street. Pr�ceton.MM 55371 emall: k��pralrieresto.com FREE Restoration Guidel Jotn our Emall List and receh�e our fr� RestoreHon Guide,"Gufdel�ea far Eetebliahing Yow Own Prekie."as woll as our Season Updetes,Retail PromoUons& R�loraGon Tips. EmaB:�--� Go CopyHght�2013 Pralrle Restoradons,inc. Onime Marketinp by ESI http://www.prairieresto.com/TtemDisplay.php?i=1158�cID-13 2/18/2015 . �, ��'r�ie Restorations Inc-Restoring Natural Habitats-Maintaining Native Landscapes Page 1 of 1 � . � � � • . ` Call Us Today! Follow us on 1-500-837-5986 I :fl.��!.�';: �.._ _ Home About Ua Contact Ua woduuuuse.rcn ; Subr �.._� __�_ _.______��._.,., P�Otluct Cat88or1eS You arc Nere:Cinss Soed Mixas>ShorHDry Gress Mix �e� Short/Dry Grass Mix Grasses,Sedges 8 Bulru�es Seed Mix IrHormaUon: Treea and Shrubs Sotl Type:Ideal N sandy w grevelly aoils,abng walkways and round buidings wh�e shoRer vegetatlons is deairable sotl EAolawre:Dry WBdfbwer 3eed Mixes Average Helghr 13 R. Sun Expoau»:Full io partial sun C3rass Seed Mixes Seedfne Rate:Broadcest:4 IbsJ1D,000 sq.ft.Ddll:&7D IbsJacre S°d F�t6 Deseriptlon Price Pdce per 112 Ib :75.60 PHce per Paund x28.60 Rsostve Our CATALt?C� � Detafied DescripNon Compositlon: 46%Littie bluestem,3496 81de oats grama,9•ti 8ius grama by PLS weighfs,4%PoveRy oat gras�,4�6 �o��. June grass,2SG Sand drapseed,296 PralNa dropseed,6y bulkvreight 1-804837-5888 or 783�8&4342 _ _. _._ . Guatmmar S�rvke: 1-806�B37S988 l�alling Addrsss: Pre�ie Realorations Inc. 316481281h Street, Princelon,MN 55371 Emall: Into�pralAeresto.com FREE Restoration Guidel JoN our Emall li.st ar�d recehre ouf free ResWreibn Gulde,"�ukle9nes for Estebiehtng Yow Own Prakte.°as wep as our 5eason Updetes,Retall Pr�nMbns& Reshiratbn Tips. Eme��--� Go Copyright�2019 RralHa RestoraUone,lnc. Onpne Meriating by ESI http://www.prairieresto.com/ItemDisplay.php?i=1�&cID=14 2/18/20 i 5 Jill and Casey Hoehn 2325 Glendale Cove Lane Orono,MN 55356 February 10,2015 Courtney Hall 15320 Minnetonka Blvd. Minnetonka,MN 55345 Dear Ms.Hall— This letter is acknowledgement of our acceptance to the prefeRed resolutbn by the Minnehaha Creek Watershed District to address the approximate 750 square foot area impacted by our landscaping(area highlighted in red on the attached map below�. The plan which we are agreeable to is replacement of the 750 square foot sodded area within the designated buffer area with a short/dry grass mix(which is a seed mix recommended as acceptable by the MCWD). Given the current winter season,we commit to executing the plan outlined above as soon as weather aliows. Sincerely, Jill and Casey Hoehn �� ' r 'N i ��i i i j �� ,O �O l � i ► r � i ^ i �� % � �� 1� r• 1 j �� 1� I +' � 'Z � h � r � r S � •-��- �� ;'� ��'•� Ct7 f � 4 f � � r- �� ; �� j"'� 1~Tf W , � � � � � a �..�� I �� I L�r�'� � � � � r � N � . i $ � � � � � � � 1 1 1 1 / 1 P� 1 1 - �_"-- � _---'�''"��if°t�'(?J" i3T.Q& �' ._ - B13.55 - -- - - - - -- - - - - �,...� � - �. M'�� °� _ _ � - �,� FT ER ' °.J� ,�„_� �� ✓' ""'"� 14020+- S , 998,s \ '. w o y � x BUFFER REPLACEMENT • T740+-S.F. �+9 . � � ��r � � • �` � � �f � 4r 1� � � O• > • �� "_' �"��U� � 1?370+ .�. � _, . �,� �j(� r,� �h�(� � 16060 - S . RY�� ,� �✓�� w c�a�d ��l l� �� ; � ,f y� �� 4 ;._. � � ��-9� � � i I'�•• .� �_ _ • � - - - -- _ :.` (� �. �� ~ 1� �Y• � 11$+- '+• � . : � � —� j j , � � � _ _ - -� _ ` � � � �� M ` 1 � Y •��• �ou /de� wa/! � � � �� : � � � x ��—j = ' � � �%y� �; y � F� d ,�� a � g � � ( � � � � ' p °b � � � . �, - � 18270+� �/ � - � . . e � . c i � / �5 � �� ,' ,' , , f � Christine Mattson From: Elizabeth Brown <EBrown@minnehahacreek.org> Sent: Friday, November 20, 2015 4:08 PM To: Casey Hoehn; Hoehn, Jill (JHoehn@tcfbank.com) Cc: Lauren Sampedro; Melanie Curtis; Christine Mattson Subject: RE: 13-400-2325 Glendale Cove Follow-Up Hi Casey, MCWD will not require any additional sod removal in your backyard. Please do, however, proceed with the following: -Install or have Gonyea Homes install the required buffer monument signs; -Return the completed declaration paperwork so we can document our resolution of the wall concern for the legal property record; -Refrain from mowing,further sodding, placing new structures/yard waste,etc in the buffer in accordance with our rules. Please let me know if you have any questions. Have a good weekend, Beth Brown Permitting Technician Certified Wetland Delineator Minnehaha Creek Watershed District ebrown@minnehahacreek.or� 952-641-4504 MINNEIIANA CREEIC LVATERSk�d DISTRI�7 From:Casey Hoehn [mailto:choehn_19@yahoo.com] Sent:Thursday,October 15, 2015 4:20 PM To: Elizabeth Brown<EBrown@minnehahacreek.org>; Hoehn,Jill (JHoehn@tcfbank.com)<JHoehn@tcfbank.com> Cc:Theresa Zerby<TZerby@minnehahacreek.org>; 'Melanie Curtis'<MCurtis@ci.orono.mn.us> Subject: Re: 13-400-2325 Glendale Cove Follow-Up We really appreciate that Beth! I think too some of the area on the woods side of the wall could be inGuded in the calculation. We we put some peat moss along the base of the wall on that side too and are obviously letting that grow in with natural grass too. Again, my calculations were off of using one of those 100'tapes and accounting for the boulders(approximately 2 feet)and roughly 2 feet of natural grass along the wall as stated by Courtney. Also the fire pit and about 4-5'along the entirety of the area encompassing it with natural grass as well. We still have a bag of peat moss out there and plan to put that down in some of the areas along the wall that did not take as well from our initial planting with a little more short/dry grass seed. Thank you! Casey On Thursday, October 15, 2015 4:17 PM, Casey Hoehn <choehn 19Cc�yahoo.com>wrote: 1 , +. We really appreciate that Beth! I think too some of the area on the woods side of the wall could be included in the calculation. We we put some peat moss along the base of the wall on that side too and are obviously letting that grow in with natural grass too. Again,my calculations were off of using one of those 100'tapes and accounting for the boulders(approximately 2 feet)and roughly 2 feet of natural grass along the wall as stated by Courtney. Also the fire pit and about 4-5'along the entirety of the area encompassing it with natural grass as well. We still have a bag of peat moss out there and plan to put that down in some of the areas along the wall that did not take as well from our initial planting with a little more short/dry grass seed. Thank you! Casey On Thursday, October 15, 2015 3:45 PM, Elizabeth Brown <EBrownCa�minnehahacreek.orq>wrote: Hi Casev, Thanks for your email clarifying where it appears some misunderstanding may lie. I am concerned because the area that you marked on your reveg plan is the area befinreen the retaining wall, as you drew it in, and the required buffer boundary. The area befinreen the retaining wall and the required buffer boundary is 10' wide at points, as you can see in the exhibit. This was the basis of our determination documented in the inspection report. If the area that has been fixed is �750 square feet, then, honoring the agreement with Courtney, we will not require any additional sod removal. I will have an inspector confirm on site so we can wrap this up. Also, to clarify, MCWD determined that we are not requiring formal monitoring of the buffer-just conformance with the normal no-mow/no-hard-surface/etc rules within the buffer. The declaration paperwork and buffer monument installation are unrelated to the leave sod vs remove sod question, so feel free to contact me with any questions on the former while we wrap up the latter. Thanks! Beth Brown Permitting Technician Certified Wetland Delineator Minnehaha Creek Watershed District ebrownCDminnehahacreek.orq 952-641-4504 From: Casey Hoehn fmailto:choehn 19Ccc�vahoo.coml Sent: Thursday, October 15, 2015 3:04 PM To: Elizabeth Brown <EBrownCc�minnehahacreek.orq>; Hoehn, Jill (JHoehnCc�tcfbank.com) <J H oe h n Ca�tcfba n k.co m> Cc: Theresa Zerby <TZerbvCc�minnehahacreek.orq>; 'Melanie Curtis' <MCurtisCcDci.orono.mn.us> Subject: Re: 13-400 -2325 Glendale Cove Follow-Up Thank you for the follow-up Beth. The map you included was never referenced by Courtney and the agreement in terms of the re-vegetation area that we have completed was all that was discussed. As stated earlier,we are not willing to tear up any more sod or do anything else at our expense as we are in this position based on the initial approval from the MCWD on what our landscape boundary was allowed to be before we started any work. Quite honestly we have spent A LOT of time, money and worry on this issue to do the right thing and compromise. The Ciry of Orono has been more than helpful and they and Melanie went out of their way to understand our situation and help guide us through a 2 resolution(taking into account how we ended up there in the first place). The plan we submitted that Courtney approved addressed an approximate buffer replanting area of 750 ft. (which Courtney even verbally discussed in a meeting I had with her in the MCWD offices as'a couple feeY along the boulder wall). I used a tape measure our backyard to approximate the area and used red marker on a lot map we had to illustrate location of the area we agreed to plant with native grass(the approved plan I submitted is attached). Again, my approach and all of this was done without any push back or non agree-ability at the time from the MCWD. We believe that we have gone out of our way to accommodate all that has been asked of us and we are simply pleading that the Watershed step up and take ownership of the fact they gave us the boundary approval that got us into this issue. We are more than willing to put up the necessary monuments and monitor the area as discussed. Please let me know if you would like to sit down to discuss further at your convenience. Sincerely, Casey Hoehn On Thursday, October 15, 2015 2:18 PM, Elizabeth Brown <EBrownCc�minnehahacreek.orq>wrote: Hi Casey, Thanks again for your email. MCWD has determined that to honor your & Courtney's correspondence, the course of action moving forward shall be: 1. As previously discussed, the recorded property declaration for the buffers needs to be fixed so that it depicts the retaining wall. As mentioned in my previous correspondence, this is important because it will protect you (and future landowners) from any misunderstandings regarding the retaining wall's presence in the recorded buffer. a. I have attached to this email the draft declaration that our legal counsel prepared. All that you have to do is add the date; add your & Jill's signatures; and have your signatures notarized. i. If there is a mortgage holder on the property then the "consent and subordination" page must be completed, as well. If you have questions about this, I have CC'd Theresa, our Permitting Clerk, who can help answer your questions. b. After you have done the above, please bring the completed paperwork to our office for us to finish processing. 2. While conducting inspections in Glendale Cove, MCWD noted that only a �1-2' strip of the buffer area that you and Courtney agreed in February must be revegetated has been addressed - not the entire red area indicated in your plan last winter. You can see in the exhibit at the end of the attached declaration paperwork (georeferenced and scaled by our engineer to depict the same buffer boundaries that were included in your plan) that the buffer area behind the retaining wall is up to 10' wide at some points. In accordance with your plan and with Courtney's February approval, this remaining sodded buffer area must be unsodded, decompacted, and seeded with the approved native seed mix. Our inspection report is attached. 3. The three buffer monuments that we previously discussed should now be installed at the locations depicted in the exhibit, either before or immediately after the sodded buffer area is seeded. These can be picked up for $2/each at MCWD offices when you bring in the declaration paperwork. In short, let's work together to make sure that the agreed-upon buffer plan is executed and that the declaration gets updated. 3 � v Please let me know if you have any questions! Beth Brown Permitting Technician Minnehaha Creek Watershed District ebrown minnehahacreek.orq 952-641-4504 4 Christine Mattson From: Christine Mattson Sent: Thursday,August 11, 2016 8:36 AM To: 'Lauren Sampedro' Cc: Melanie Curtis Subject: RE: 13-400 - 2325 Glendale Cove Follow-Up Lauren, Sorry, I missed this email. No we have not been out there. We need to know if they complied with the MCWD requirements before I reach out to them. Thank you! From: Lauren Sampedro [mailto:lsampedro@minnehahacreek.org] Sent: Monday,July 11,2016 1:28 PM To:Christine Mattson<CMattson@ci.orono.mn.us> Cc: Melanie Curtis<MCurtis@ci.orono.mn.us> Subject: RE: 13-400-2325 Glendale Cove Follow-Up Hi Chris, I realized I haven't followed up on this. Have you sent them a letter yet? If you haven't sent one already I can try to write one this week. I believe MCWD is waiting on buffer signs to be installed and updated paperwork and declaration to be submitted that show the wa1331 in the buffer. I'm also assuming the neighbor at 2335 Glendale Cove has also not fixed their wetland buffer.The last time I was here there was sod in a good chunk of the wetland buffer,disturbed soil,and mulch in the wetland buffer. I have not visited this subdivision since last fall. Has anyone from the City visited the subdivision? Lauren Sampedro Lead District Representative Minnehaha Creek Watershed District 15320 Minnetonka Blvd Minnetonka,MN 55345 952-641-4580 �i�r�tiapt wwress�es ois.nc• From:Christine Mattson [mailto:CMattson@ci.orono.mn.usl Sent:Thursday,June 23,2016 8:16 AM To: Lauren Sampedro<Isampedro@minnehahacreek.or�> 1 Cc: Melanie Curtis<MCurtis@ci.orono.mn.us> Subject: RE: 13-400-2325 Glendale Cove Follow-Up Lauren, I'm going to send them a follow-up letter in an attempt to get them into compliance and would like to include a report/memo from the MCWD as well. Thank you. From: lauren Sampedro [mailto:lsampedro@minnehahacreek.or�] Sent:Wednesday,June 22, 2016 2:03 PM To:Christine Mattson<CMattson@ci.orono.mn.us> Subject: RE: 13-400-2325 Glendale Cove Follow-Up Hi Chris, No I haven't had any contact with them, nor have I visited Glendale Cove recently. Lauren From:Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Monday,June 20, 2016 4:04 PM To: Lauren Sampedro<Isamqedro@minnehahacreek.or�> Subject: FW: 13-400-2325 Glendale Cove Follow-Up Hi Lauren, Have you had any contact with the Hoehn's or visited the site recently? Thanks! Chris� From:Christine Mattson Sent: Monday, November 23,2015 2:36 PM To:Casey Hoehn<choehn 19@vahoo.com>; Hoehn,Jill(JHoehn@tcfbank.com)<.1Hoehn@tcfbank.com> Cc: 'Elizabeth Brown'<EBrown@minnehahacreek.or�>; Lauren Sampedro<Isamqedro@minnehahacreek.or�>; Melanie Curtis<MCurtis@ci.orono.mn.us>;Jeremy Barnhart<ibarnhart@ci.orono.mn.us> Subject: RE: 13-400-2325 Glendale Cove Follow-Up Casey&1ill, On February 23,2015 the Orono City Council approved an encroachment agreement(copy attached)that allowed the retaining wall to remain within the wetland buffer and drainage and utility easement,conditioned on the written agreement between you and the Minnehaha Creek Watershed District(MCWD). The Council understood that this agreement was summarized in the memo from Courtney Hall, MCWD Technician dated February 15,2015(copy attached). It is the city's expectation that those items will be completed. The City Council will need to approve any changes to this agreement. 2 If you have any questions, please don't hesitate to contact us. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway � Orono � MN � 55356(physica/addressJ PO Box 66 � Crystal Bay � MN � 55323-0066 (mailing addressJ "�" 952.249.4620 � 8 952.249.4616 �cmattson@ci.orono.mn.us � � www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Thursday& Friday, November 26&27,2015 Thursday&Friday, December 24&25,2015 Friday,January 1,2016 From: Elizabeth Brown [mailto:EBrown@minnehahacreek.or�] Sent: Friday, November 20, 2015 4:08 PM To:Casey Hoehn<choehn 19@vahoo.com>; Hoehn,Jill (JHoehn@tcfbank.com)<JHoehn@tcfbank.com> Cc: Lauren Sampedro<Isampedro@minnehahacreek.or�>; Melanie Curtis<MCurtis@ci.orono.mn.us>;Christine Mattson<CMattson@ci.orono.mn.us> Subject: RE: 13-400-2325 Glendale Cove Follow-Up Hi Casey, MCWD will not require any additional sod removal in your backyard. Please do, however, proceed with the following: -Install or have Gonyea Homes install the required buffer monument signs; -Return the completed declaration paperwork so we can document our resolution of the wall concern for the legal property record; -Refrain from mowing,further sodding, placing new structures/yard waste,etc in the buffer in accordance with our rules. Please let me know if you have any questions. Have a good weekend, Beth Brown Permitting Technician Certified Wetland Delineator Minnehaha Creek Watershed District ebrown@minnehahacreek.or� 952-641-4504 3 hA1NNEltAMA CRE�K WA?ERSFEED Q15�R#CT From:Casey Hoehn [mailto:choehn 19@vahoo.com] Sent:Thursday,October 15, 2015 4:20 PM To: Elizabeth Brown<EBrown@minnehahacreek.or�>; Hoehn,Jill (JHoehn@tcfbank.com)<JHoehn@tcfbank.com> Cc:Theresa Zerby<TZerbv@minnehahacreek.or�>; 'Melanie Curtis'<MCurtis@ci.orono.mn.us> Subject: Re: 13-400-2325 Glendale Cove Follow-Up We really appreaate that Beth! I think too some of the area on the woods side of the wall�uld be included in the calculation. We we put some peat moss along the base of the wall on that side too and are obviously letting that grow in with natural grass too. Again, my calculations were off of using one of those 100'tapes and accounting for the boulders(approximately 2 feet)and roughly 2 feet of natural grass along the wall as stated by Courtney. Also the fire pit and about 4-5'along the entirety of the area encompassing it with natural grass as well. We still have a bag of peat moss out there and plan to put that down in some of the areas along the wall that did not take as well from our initial planting with a little more short/dry grass seed. Thank you! Casey On Thursday, October 15, 2015 4:17 PM, Casey Hoehn <choehn 19[cDyahoo.com>wrote: We really appreciate that Beth! I think too some of the area on the woods side of the watl could be inGuded in the calculation. We we put some peat moss along the base of the wall on that side too and are obviously letting that grow in with natural grass too. Again, my calculations were off of using one of those 100'tapes and accounting for the boulders(approximately 2 feet)and roughly 2 feet of natural grass along the wall as stated by Courtney. Also the fire pit and about 4-5'along the entirety of the area encompassing it with natural grass as well. We still have a bag of peat moss out there and plan to put that down in some of the areas along the wall that did not take as well from our initial planting with a little more short/dry grass seed. Thank you! Casey On Thursday, October 15, 2015 3:45 PM, Elizabeth Brown <EBrownCc�minnehahacreek.org>wrote: Hi Casev, Thanks for your email clarifying where it appears some misunderstanding may lie. I am concerned because the area that you marked on your reveg plan is the area befinreen the retaining wall, as you drew it in, and the required buffer boundary. The area befinreen the retaining wall and the required buffer boundary is 10' wide at points, as you can see in the exhibit. This was the basis of our determination documented in the inspection report. If the area that has been fixed is �750 square feet, then, honoring the agreement with Courtney, we will not require any additional sod removal. I will have an inspector confirm on site so we can wrap this up. Also, to clarify, MCWD determined that we are not requiring formal monitoring of the buffer-just conformance with the normal no-mow/no-hard-surface/etc rules within the buffer. 4 The declaration paperwork and buffer monument installation are unrelated to the leave sod vs remove sod question, so feel free to contact me with any questions on the former while we wrap up the latter. Thanks! Beth Brown Permitting Technician Certified Wetland Delineator Minnehaha Creek Watershed District ebrown(cc�minnehahacreek.orQ 952-641-4504 From: Casey Hoehn fmailto:choehn 19Ca�vahoo.com] Sent: Thursday, October 15, 2015 3:04 PM To: Elizabeth Brown <EBrownCa�minnehahacreek.orq>; Hoehn, Jill (JHoehnCc�tcfbank.com) <J Hoehn(catcfbank.com> Cc: Theresa Zerby <TZerbvCc�minnehahacreek.orp>; 'Melanie Curtis' <MCurtisCcDci.orono.mn.us> Subject: Re: 13-400 -2325 Glendale Cove Follow-Up Thank you for the follow-up Beth. The map you included was never referenced by Courtney and the agreement in terms of the re-vegetation area that we have completed was all that was discussed. As stated earlier,we are not willing to tear up any more sod or do anything else at our expense as we are in this position based on the initial approval from the MCWD on what our landscape boundary was allowed to be before we started any work. Quite honestly we have spent A LOT of time,money and worry on this issue to do the right thing and compromise. The Ciry of Orono has been more than helpful and they and Melanie went out of their way to understand our situation and help guide us through a resolution(taking into account how we ended up there in the first place). The plan we submitted that Courtney approved addressed an approximate buffer replanting area of 750 ft. (which Courtney even verbally discussed in a meeting I had with her in 4he MCWD offices as'a couple feet'along the boulder wall). I used a tape measure our backyard to approximate the area and used red marker on a lot map we had to illustrate location of the area we agreed to plant with native grass(the approved plan I submitted is attached). Again, my approach and all of this was done without any push back or non agree-ability at the time from the MCWD. We believe that we have gone out of our way to accommodate all that has been asked of us and we are simply pleading that the Watershed step up and take ownership of the fact they gave us the boundary approval that got us into this issue. We are more than willing to put up the necessary monuments and monitor the area as discussed. Please let me know if you would like to sit down to discuss further at your convenience. Sincerely, Casey Hoehn On Thursday, October 15, 2015 2:18 PM, Elizabeth Brown <EBrownCcDminnehahacreek.orq>wrote: Hi Casey, Thanks again for your email. MCWD has determined that to honor your & Courtney's correspondence, the course of action moving forward shall be: 1. As previously discussed, the recorded property declaration for the buffers needs to be fixed so that it depicts the retaining wall. As mentioned in my previous correspondence, this is important because it will protect you (and future landowners) from any misunderstandings regarding the retaining wall's presence in the recorded buffer. 5 a. I have attached to this email the draft declaration that our legal counsel prepared. All that you have to do is add the date; add your & Jill's signatures; and have your signatures notarized. i. If there is a mortgage holder on the property then the "consent and subordination" page must be completed, as well. If you have questions about this, I have CC'd Theresa, our Permitting Clerk, who can help answer your questions. b. After you have done the above, please bring the completed paperwork to our office for us to finish processing. 2. While conducting inspections in Glendale Cove, MCWD noted that only a �1-2' strip of the buffer area that you and Courtney agreed in February must be revegetated has been addressed - not the entire red area indicated in your plan last winter. You can see in the exhibit at the end of the attached declaration paperwork (georeferenced and scaled by our engineer to depict the same buffer boundaries that were included in your plan) that the buffer area behind the retaining wall is up to 10' wide at some points. In accordance with your plan and with Courtney's February approval, this remaining sodded buffer area must be unsodded, decompacted, and seeded with the approved native seed mix. Our inspection report is attached. 3. The three buffer monuments that we previously discussed should now be installed at the locations depicted in the exhibit, either before or immediately after the sodded buffer area is seeded. These can be picked up for $2/each at MCWD offices when you bring in the declaration paperwork. In short, let's work together to make sure that the agreed-upon buffer plan is executed and that the declaration gets updated. Please let me know if you have any questions! Beth Brown Permitting Technician Minnehaha Creek Watershed District ebrown _minnehahacreek.org 952-641-4504 6 Christine Mattson From: Christine Mattson Sent: Monday, November 23, 2015 2:36 PM To: Casey Hoehn; Hoehn, Jill (JHoehn@tcfbank.com) Cc: 'Elizabeth Brown'; Lauren Sampedro; Melanie Curtis; Jeremy Barnhart Subject: RE: 13-400-2325 Glendale Cove Follow-Up Attachments: 1-12-15 council mtg minutes.pdf; 2-10-15 Hoehn letter.pdf; 2-18-15 MCWD letter.pdf; encroachment agreement.pdf Casey&1ill, On February 23,2015 the Orono City Council approved an encroachment agreement(copy attached)that allowed the retaining wall to remain within the wetland buffer and drainage and utility easement,conditioned on the written agreement between you and the Minnehaha Creek Watershed District(MCWD). The Council understood that this agreement was summarized in the memo from Courtney Hall, MCWD Technician dated February 15, 2015(copy attached). It is the city's expectation that those items will be completed. The City Council will need to approve any changes to this agreement. If you have any questions, please don't hesitate to contact us. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway � Orono � MN � 55356(physica/addressJ PO Box 66 � Crystal Bay � MN � 55323-0066(mailing addressJ '� 952.249.4620 � 8 952.249.4616 � cmattson@ci.orono.mn.us � � www.ci.orono.mn.us Office Hours: Monday-Friday 8 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Thursday& Friday, November 26&27,2015 Thursday& Friday, December 24&25,2015 Friday,January 1,2016 From: Elizabeth Brown [mailto:EBrown@minnehahacreek.org] Sent: Friday, November 20, 2015 4:08 PM To:Casey Hoehn<choehn_19@yahoo.com>; Hoehn,Jill (JHoehn@tcfbank.com)<1Hoehn@tcfbank.com> Cc: Lauren Sampedro<Isampedro@minnehahacreek.org>; Melanie Curtis<MCurtis@ci.orono.mn.us>;Christine Mattson<CMattson@ci.orono.mn.us> Subject: RE: 13-400-2325 Glendale Cove Follow-Up Hi Casey, MCWD will not require any additional sod removal in your backyard. Please do, however, proceed with the following: -Install or have Gonyea Homes install the required buffer monument signs; 1 -Return the completed declaration paperwork so we can document our resolution of the wall concern for the legal property record; -Refrain from mowing,further sodding, placing new structures/yard waste, etc in the buffer in accordance with our rules. Please let me know if you have any questions. Have a good weekend, Beth Brown Permitting Technician Certified Wetland Delineator Minnehaha Creek Watershed District ebrown@minnehahacreek.or� 952-641-4504 AAIMNEb1ANA CREBif w�tEeS�sEG D�STR��t From:Casey Hoehn [mailto:choehn 19@vahoo.coml Sent:Thursday,October 15, 2015 4:20 PM To: Elizabeth Brown<EBrown@minnehahacreek.or�>; Hoehn,lill (JHoehn@tcfbank.com)<JHoehn@tcfbank.com> Cc:Theresa Zerby<TZerbv@minnehahacreek.or�>; 'Melanie Curtis'<MCurtis@ci.orono.mn.us> Subject: Re: 13-400-2325 Glendale Cove Follow-Up We really appreciate that Beth! I think too some of the area on the woods side of the wall could be included in the calculation. We we put some peat moss along the base of the wall on that side too and are obviously letting that grow in with natural grass too. Again, my calculations were off of using one of those 100'tapes and accounting for the boulders(approximately 2 feet)and roughly 2 feet of natural grass along the wall as stated by Courtney. Also the fire pit and about 4-5'along the entirety of the area encompassing it with natural grass as well. We still have a bag of peat moss out there and plan to put that down in some of the areas along the wall that did not take as well from our initial planting with a little more short/dry grass seed. Thank you! Casey On Thursday, October 15, 2015 4:17 PM, Casey Hoehn <choehn 19Ccavahoo.com>wrote: We really appreciate that Beth! I think too some of the area on the woods side of the wall could be included in the calculation. We we put some peat moss along the base of the wall on that side too and are obviously letting that grow in with natural grass too. Again, my calculations were off of using one of those 100'tapes and accounting for the boulders(approximately 2 feet)and roughly 2 feet of natural grass along the wall as stated by Courtney. Also the fire pit and about 4-5'along the entirety of the area encompassing it with natural grass as well. We still have a bag of peat moss out there and plan to put that down in some of the areas along the wall that did not take as well from our initial planting with a little more short/dry grass seed. Thank you! Casey On Thursday, October 15, 2015 3:45 PM, Elizabeth Brown <EBrownCc�minnehahacreek.org>wrote: z Hi Casev, Thanks for your email clarifying where it appears some misunderstanding may lie. I am concerned because the area that you marked on your reveg plan is the area between the retaining wall, as you drew it in, and the required buffer boundary. The area between the retaining wall and the required buffer boundary is 10' wide at points, as you can see in the exhibit. This was the basis of our determination documented in the inspection report. If the area that has been fixed is �750 square feet, then, honoring the agreement with Courtney, we will not require any additional sod removal. I will have an inspector confirm on site so we can wrap this up. Also, to clarify, MCWD determined that we are not requiring formal monitoring of the buffer-just conformance with the normal no-mow/no-hard-surface/etc rules within the buffer. The declaration paperwork and buffer monument installation are unrelated to the leave sod vs remove sod question, so feel free to contact me with any questions on the former while we wrap up the latter. Thanks! Beth Brown Permitting Technician Certified Wetland Delineator Minnehaha Creek Watershed District ebrownCa�minnehahacreek.orQ 952-641-4504 From: Casey Hoehn fmailto:choehn 19(c�vahoo.coml Sent: Thursday, October 15, 2015 3:04 PM To: Elizabeth Brown <EBrownCa�minnehahacreek.orq>; Hoehn, Jill (JHoehn(a�tcfbank.com) <JHoehnCa�tcfbank.com> Cc: Theresa Zerby <TZerbvCa�minnehahacreek.orq>; 'Melanie Curtis' <MCurtisCu�ci.orono.mn.us> Subject: Re: 13-400 - 2325 Glendale Cove Follow-Up Thank you for the follow-up Beth. The map you included was never referenced by Courtney and the agreement in terms of the re-vegetation area that we have completed was all that was discussed. As stated earlier,we are not willing to tear up any more sod or do anything else at our expense as we are in this position based on the initial approval from the MCWD on what our landscape boundary was allowed to be before we started any work. Quite honestly we have spent A LOT of time, money and worry on this issue to do the right thing and compromise. The City of Orono has been more than helpful and they and Melanie went out of their way to understand our situation and help guide us through a resolution(taking into account how we ended up there in the first place). The plan we submitted that Courtney approved addressed an approximate buffer replanting area of 750 ft. (which Courtney even verbally discussed in a meeting I had with her in the MCWD offices as'a couple feeY along the boulder wall). I used a tape measure our backyard to approximate the area and used red marker on a lot map we had to illustrate location of the area we agreed to plant with native grass(the approved plan I submitted is attached). Again, my approach and all of this was done without any push back or non agree-ability at the time from the MCWD. We believe that we have gone out of our way to accommodate all that has been asked of us and we are simply pleading that the Watershed step up and take ownership of the fact they gave us the boundary approval that got us into this issue. We are more than willing to put up the necessary monuments and monitor the area as discussed. Please let me know if you would like to sit down to discuss further at your convenience. Sincerely, Casey Hoehn 3 On Thursday, October 15, 2015 2:18 PM, Elizabeth Brown <EBrown(a�minnehahacreek.orq>wrote: Hi Casey, Thanks again for your email. MCWD has determined that to honor your & Courtney's correspondence, the course of action moving forward shall be: 1. As previously discussed, the recorded property declaration for the buffers needs to be fixed so that it depicts the retaining wall. As mentioned in my previous correspondence, this is important because it will protect you (and future landowners) from any misunderstandings regarding the retaining wall's presence in the recorded buffer. a. I have attached to this email the draft declaration that our legal counsel prepared. All that you have to do is add the date; add your & Jill's signatures; and have your signatures notarized. i. If there is a mortgage holder on the property then the "consent and subordination" page must be completed, as well. If you have questions about this, I have CC'd Theresa, our Permitting Clerk, who can help answer your questions. b. After you have done the above, please bring the completed paperwork to our office for us to finish processing. 2. While conducting inspections in Glendale Cove, MCWD noted that only a �1-2' strip of the buffer area that you and Courtney agreed in February must be revegetated has been addressed - not the entire red area indicated in your plan last winter. You can see in the exhibit at the end of the attached declaration paperwork (georeferenced and scaled by our engineer to depict the same buffer boundaries that were included in your plan) that the buffer area behind the retaining wall is up to 10' wide at some points. In accordance with your plan and with Courtney's February approval, this remaining sodded bufFer area must be unsodded, decompacted, and seeded with the approved native seed mix. Our inspection report is attached. 3. The three buffer monuments that we previously discussed should now be installed at the locations depicted in the exhibit, either before or immediately after the sodded buffer area is seeded. These can be picked up for $2/each at MCWD offices when you bring in the declaration paperwork. In short, let's work together to make sure that the agreed-upon buffer plan is executed and that the declaration gets updated. Please let me know if you have any questions! Beth Brown Permitting Technician Minnehaha Creek Watershed District ebrown _minnehahacreek.org 952-641-4504 4