HomeMy WebLinkAboutRe: MCWD permit application MINNEHAHA CREEK WATERSHED DISTRICT
QUALITY OF WATER QUALITY OF LIFE
September 27, 2012
Majid Fehresti
th�Mi+rnehaha Creek 8612 Terraceview Ln N
Maple Grove, MN 55311
Watershed District is
commrtted to a Smuckler Custom Builders Inc
leadership ro(e irr Attn: Jack Smuckler
7509 Washington Ave S
protectrng, improving Edina, MN 55439
and monaging the
Re: 1910 Shoreline Drive, Orono; Permit Application #12-344
surface waters ard
affiliated groundwater Dear Applicant/Representative:
resources within the your application for a Minnehaha Creek Watershed District(MCWD) permit was
Distnct, inc(uding their received on September 7, 2012. The permit application is currently incomplete.
Please refer to the information requested below.
re(ationships to the
ecosystems of which fhey Permit applications that do not require a variance or exception to District Rules
are an integra!part. require a public notice to all properties within 600 feet of the subject property, which
includes a 14 day comment period allowing members of the public to receive further
We achieve our mission information and/or request a public hearing. The last day of the comment period is
through regulation, October 4, 2012. When a public hearing is requested it will be scheduled on the first
available Board meeting after the application is determined by staff to be complete.
capita(projecrs, Applications that require a variance or exception to District Rules require approval of
education, coaperative the District Board of Managers which also includes the public notification process.
Following the completion of the public process and the District's determination that
endeavors, and other the permit application is complete you will receive written notice of conditional
programs based on approval. This notice will list the conditions of the approval that will need to be
sound saence, complete prior to the permit being issued. Pertnit conditions include but are not
limited to the reimbursement of mailing cost, reimbursement of the cost of District
innovarive thinking, on staff time and engineering services and submittal of a declaration for the preservation
informed and engaged of wetland buffers and/or stormwater facility maintenance where applicable.
constituency, and tne p�ease submit the following information:
cost effective use of
Erosion Control Rule:
pu6(ic funds. � Area of disturbance (not indicated on application form).
o If the proposed disturbance area is '/4 acre or greater, an erosion
control inspection plan in accordance with Section 10 of the MCWD
Erosion Control Rule is required.
o If the proposed disturbance area is between 1 & 5 acres, financial assurance in the
amount of$1500 is required.
• Written verification that all existing trees within the silt fence area(if any)that are going
to remain throughout construction will have protective fencing so as to exclude all fill
and equipment from the drip line or critical root zone, whichever is greater, of all
vegetation to be retained
• Verification that 6"of topsoil or organic matter will be spread and incorporated into the
underlying soil during final site treatment wherever topsoil has been removed
• Permanent stabilization method for disturbed areas
o The attached supplemental form can be used to provide some of the information
requested above
• Identification and location of all existing and planned underground utilities,to be
concentrated in corridors where safe,practical and feasible
Wetland Protection Rule
• Draft declaration documenting the wetland buffer on the property(see attached template).
After the declaration is approved by the District, it must be recorded in the office of the
county recorder or registrar. A copy of the recorded document must be submitted to the
District before the permit can be issued.
• Written confirmation that the 25' wetland buffer area will not be disturbed by grading
activities during construction
o If any portion of the buffer area is disturbed by grading activities during
construction, a Wetland Buffer Planting Plan, Wetland Buffer Maintenance Plan,
five years of monitoring/annual reporting, and financial assurance will be required
for replanting and establishment of the buffer.
o The proposed work described in the letter dated September 11, 2012 from
Arrowhead Environmental Consulting regarding the invasive species management
plan for the wetland buffer area is not considered"disturbance by grading
activities during construction", and if this is the only work proposed in the buffer
area the above mentioned requirements relating to buffer disturbance will not
apply.
Permit Fees Rule
Reimbursement of$25.50 for public notice mailing costs(check only)
As we review your submittals, we may find the need to request additional information, and will
so inform you. If you have any questions,please feel free to contact me at(952) 641-4504 or
cbach@minnehahacreek.org.
Sincerely,
V
Catherine Bach
District Technician
Enclosed: Supplemental Information Form
Declaration Template
Erosion Control Suuulemental Information
Final Stabilization will be provided with(seed, sod, etc):
and 6 inches of topsoil will be added/replaced prior to final stabilization.
Concrete Washout: Location of concrete washout
❑ Not Applicable ❑Off site ❑ Indicated on site plans ❑Other(description):
Vegetation: Protective fencing will be installed as necessary so as to exclude all fill and equipment
from the drip line or critical root zone,whichever is greater,of all vegetation to be retained.
�Yes �Not Applicable � Other(description):
Inspections: An erosion control inspection plan is required for all projects disturbing'/4 acre or
geater. The inspection reyuirements are as follows:
1) The individual identified as being responsible for implementing the erosion control
plan must routinely inspect the construction site once every seven days during active
construction and within 24 hours after a rainfall event greater than 0.5 inches in 24
hours.
2) All inspections and maintenance conducted during construction must be recorded in
writing and these records must be retained with the erosion control plan and made
available at the District's request within 24 hours. Records of each inspection and
maintenance activity shall include:
i. Date and time of inspections;
ii. Name of person conducting inspections;
iii. Findings of inspections, including recommendations for corrective actions;
iv. Corrective actions taken(including dates, times and party completing
maintenance activities);and
v. Date and amount of all rainfall events greater than 0.S inches in 24 hours.
Provide the following information for the primary individual responsible for implementing the erosion
control plan:
Name
Organization
Phone Alternate Phone
Email
I certify that I am familiar with the requirements of the MCWD Erosion Control Rule and that the
proposed activity will be conducted in compliance with this rule.
Signature of Applicant or Authorized Agent Date
Project Address
[maintain 3" top margin]
DECLARATION
THIS DECLARATION ("Declaration") is made this day of
, 201_, by , [marital status if individuals] (Declarant)
in favor of the Minnehaha Creek Watershed District(MCWD), a special purpose local
unit of government with purposes and powers pursuant to Minnesota Statutes Chapters
103B and 103D.
RECITALS
WHEREAS Declarant owns real property within the City of[NAME OF CITY],
[CARVER/HENNEPIN] County, Minnesota, platted and legally described as:
[Insert legal description]
(the Property) and no one other than Declarant, [NAME HERE PARTIES IN
ADDITION TO DECLARANT WITH PROPERTY iNTEREST AND ATTACH A
CONSENT AND SUBORDINATION FROM EACH], has any right, title or interest in
the Property; and
WHEREAS, the Property constitutes the entirety of the land to which MCWD
Permit# 12-344 applies; and
WHEREAS, Declarant desires to subject the Property to certain conditions and
restrictions imposed by the MCWD as a condition to issuance of Permit# 12-344 for the
mutual benefit of the MCWD and the owners of the Property.
NOW, THEREFORE, Declarant makes this Declaration and hereby declares
that this Declaration shall constitute covenants to run with the Property in perpetuity, and
further declares that the Property shall be owned, used, occupied and conveyed subject to
the covenants, restrictions, easements, charges and liens set forth in this Declaration, all
of which shall be binding on all persons owning or acquiring any right, title or interest in
the Property, and their heirs, successors, personal representatives and assigns.
MCWD Declaration Template
0210
1. Wetland Buffer. A vegetated wetland buffer, as delineated on the scaled
site plan for the Property attached hereto and incorporated herein as Attachment A, shall
be established and maintained in perpetuity in accordance with the following terms:
a. The buffer will consist of vegetated cover that is not cultivated,
cropped, pastured, mowed, fertilized, subject to the placement
of mulch or yard waste, or otherwise disturbed, except for
periodic cutting or burning that promotes the health of the
buffer, actions to address disease or invasive species, mowing
for purposes of public safety, temporary disturbance for
placement or repair of buried utilities, or other actions to
maintain or improve buffer quality, each as approved by
MCWD staff or when implemented pursuant to Attachment B.
Herbicides may be used in accordance with Minnesota
Department of Agriculture rules and guidelines. No new
structure or hard surface shall be placed within a buffer. No
fill, debris or other material shall be excavated from or placed
within a buffer.
b. Material will not be excavated from or placed in a buffer,
except for temporary placement of fill or excavated material
pursuant to duly-permitted work in the associated wetland or
otherwise pursuant to MCWD rules.
c. A permanent wetland buffer monument shall be installed at
each lot line where it crosses a wetland buffer, and where
needed to indicate the contour of the buffer, with a maximum
spacing of 100 feet. Language shall indicate the purpose of the
buffer, restrictions, and the name and phone number of the
Minnehaha Creek Watershed District.
d. [DELETE THIS PROVISION IF NOT APPLICABLE] Buffer
areas, or portions thereof, that are not vegetated or will be
disturbed by grading activities during construction, shall be
replanted and maintained according to the Buffer Maintenance
Plan, attached hereto and incorporated herein as Attachment B,
and the following standards:
a. Soils must be decompacted to a depth of 18 inches and
organic matter must be incorporated into soils before
revegetation. Decompaction shall be accomplished
solely by incorporation of organic matter within the
drip line or critical root zone of trees or within 10 feet
of underground utilities.
b. Erosion/sediment control practices, including
provisions of sections 5, Erosion Control Plan, and 9,
MCWD Declaration Template z
0210
Maintenance, of the District Erosion Control Rule, as
appropriate, shall be used during buffer vegetation
establishment.
c. Buffers shall be planted with a native seed mix and/or
native plantings approved by the District.
d. Buffer monitoring shall be performed in accordance
with section section 10, Wetland Buffer Monitoring, of
this rule.
e. Buffer will consist of, at minimum, 75 percent plant
species native to this region.
2. Violation. Violation of any inspection or maintenance provision is a
violation of the MCWD permit for the project for which the MCWD may take action
against the Declarant and/or property owner.
3. Reporting. The Declarant will submit to the MCWD annually a
brief written report that describes the maintenance activities performed under this
declaration, including dates, locations of inspections and the maintenance activities
performed.
4. "Property owner" as used in this Declaration means the owner of the
property on which is located the facilities to which the obligations herein apply.
5. Recitals. The recitals set forth above are expressly incorporated herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument the
day and year first set forth.
DECLARANT:
By:
[name and representative capacity, if
applicable]
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 201_, by
Notary Public
MCWD Declaration Template 3
0210
This Instrument Was Drafted By:
MCWD Declaration Template 4
0210
CONSENT AND SUBORDINATION
, a Minnesota corporation, the holder of a mortgage dated
, , [filed for record with the County Recorder] County, Minnesota on
, as Document No. , hereby consents to the recording of the attached
Declaration and agrees that its rights in the property affected by the Declaration shall be
subordinated thereto.
IN WITNESS WHEREOF, , a Minnesota corporation, has caused this
Consent and Subordination to be executed this day of , 201_
a Minnesota corporation
By:
its:
I [notary acknowledgement]
5
[maintain 3" top margin]
DECLARATION
THIS DECLARATION ("Declaration") is made this day of
, 201_, by , [marital status if individuals] (Declarant)
in favor of the Minnehaha Creek Watershed District (MCWD), a special purpose local
unit of government with purposes and powers pursuant to Minnesota Statutes Chapters
103B and 103D.
RECITALS
WHEREAS Declarant owns real property within the City of[NAME OF CITY],
[CARVER/HENNEPIN] County, Minnesota, platted and legally described as:
[Insert legal description]
(the Property) and no one other than Declarant, [NAME HERE PARTIES IN
ADDITION TO DECLARANT WITH PROPERTY INTEREST AND ATTACH A
CONSENT AND SUBORDINATION FROM EACH], has any right, title or interest in
the Property; and
WHEREAS, the Property constitutes the entirety of the land to which MCWD
Permit# 12-344 applies; and
WHEREAS, Declarant desires to subject the Property to certain conditions and
restrictions imposed by the MCWD as a condition to issuance of Permit# 12-344 for the
mutual benefit of the MCWD and the owners of the Property.
NOW, THEREFORE, Declarant makes this Declaration and hereby declares
that this Declaration shall constitute covenants to run with the Property in perpetuity, and
further declares that the Property shall be owned, used, occupied and conveyed subject to
the covenants, restrictions, easements, charges and liens set forth in this Declaration, all
of which shall be binding on all persons owning or acquiring any right, title or interest in
the Property, and their heirs, successors, personal representatives and assigns.
MCWD Declaration Template
0210
1. Wetland Buffer. A vegetated wetland buffer, as delineated on the scaled
site plan for the Property attached hereto and incorporated herein as Attachment A, shall
be established and maintained in perpetuity in accordance with the following terms:
a. The buffer will consist of vegetated cover that is not cultivated,
cropped, pastured, mowed, fertilized, subject to the placement
of mulch or yard waste, or otherwise disturbed, except for
periodic cutting or burning that promotes the health of the
buffer, actions to address disease or invasive species, mowing
for purposes of public safety, temporary disturbance for
placement or repair of buried utilities, or other actions to
maintain or improve buffer quality, each as approved by
MCWD staff or when implemented pursuant to Attachment B.
Herbicides may be used in accordance with Minnesota
Department of Agriculture rules and guidelines. No new
structure or hard surface shall be placed within a buffer. No
fill, debris or other material shall be excavated from or placed
within a buffer.
b. Material will not be excavated from or placed in a buffer,
except far temporary placement of fill or excavated material
pursuant to duly-permitted work in the associated wetland or
otherwise pursuant to MCWD rules.
c. A permanent wetland buffer monument shall be installed at
each lot line where it crosses a wetland buffer, and where
needed to indicate the contour of the buffer, with a maximum
spacing of 100 feet. Language shall indicate the purpose of the
buffer, restrictions, and the name and phone number of the
Minnehaha Creek Watershed District.
d. [DELETE THIS PROVISION IF NOT APPLICABLE] Buffer
areas, or portions thereof, that are not vegetated or will be
disturbed by grading activities during construction, shall be
replanted and maintained according to the Buffer Maintenance
Plan, attached hereto and incorporated herein as Attachment B,
and the following standards:
a. Soils must be decompacted to a depth of 18 inches and
organic matter must be incorporated into soils before
revegetation. Decompaction shall be accomplished
solely by incorparation of organic matter within the
drip line ar critical root zone of trees or within 10 feet
of underground utilities.
b. Erosion/sediment control practices, including
provisions of sections 5, Erosion Control Plan, and 9,
MCWD Declaration Template 2
0210
Maintenance, of the District Erosion Control Rule, as
appropriate, shall be used during buffer vegetation
establishment.
c. Buffers shall be planted with a native seed mix and/or
native plantings approved by the District.
d. Buffer monitoring shall be performed in accordance
with section section 10, Wetland Buffer Monitoring, of
this rule.
e. Buffer will consist of, at minimum, 75 percent plant
species native to this region.
2. Violation. Violation of any inspection or maintenance provision is a
violation of the MCWD permit for the project for which the MCWD may take action
against the Declarant and/or property owner.
3. Reporting. The Declarant will submit to the MCWD annually a
brief written report that describes the maintenance activities performed under this
declaration, including dates, locations of inspections and the maintenance activities
performed.
4. "Property owner" as used in this Declaration means the owner of the
property on which is located the facilities to which the obligations herein apply.
5. Recitals. The recitals set forth above are expressly incorporated herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument the
day and year first set forth.
DECLARANT:
By:
[name and representative capacity, if
applicable]
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged befare me this day of
, 201_, by
Notary Public
MCWD Declaration Template 3
021 0
This Instrument Was Drafted By:
MCWD Declaration Template 4
0210
CONSENT AND SUBORDINATION
, a Minnesota corporation, the holder of a mortgage dated
, , [filed for record with the County Recorder] County, Minnesota on
, as Document No. , hereby consents to the recording of the attached
Declaration and agrees that its rights in the property affected by the Declaration shall be
subordinated thereto.
IN WITNESS WHEREOF, , a Minnesota corporation, has caused this
Consent and Subordination to be executed this day of , 201_
a Minnesota corporation
By:
Its:
[notary acknowledgement]
5