HomeMy WebLinkAboutRe: wetland buffer �j;�� � `�
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Street Address: Mailing Address:
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�,�ESI3� . . 2750 Kelley Parkway P.O. Box 66
�� "" Orono, MN 55356 Crystal Bay, MN 55323-0066
December 21, 2006
Steven and Elizabeth Bohl
1260 French Creek Drive
Wayzata MN 55391
Dear Mr. and Mrs. Bohl:
Bruce Vang noticed and John Smyth confirmed that you have destroyed a portion of the wetland
buffer at 300 Stubbs Bay Road North by grading it. Happily the silt fence «�as mo : ' + �j so the
wetland was not disturbed. The wetland buffer will have to be replanted before the final
occupancy permit is issued. Before a temporary occupancy permit is issued the restoration plan
and an escrow of$6,400 must be submitted to the City. Enclosed are John Smyth's report and
the escrow agreement. If you have questions about the restoration plan please contact him
directly.
Also enclosed is a wetland and wetland buffer easement and covenant. Now this must be signed
before the building permit is issued but the City Attorney had not completed drafting the basic
form at the time the permit for the house was issued. Please sign and return ONE copy. The
other is for your records.
If you should have any questions feel free to call me at 952-249-4623.
Sincerely, _--,,�
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Eve'lyn Turner
City Planner
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w�we�v.�a.oa-���.��a.�ns
ESCROW AGREEMENT
AGREEMENT made this day of , 200_, by and between the CITY OF
ORONO, a Minnesota municipal corporation("City") and Hickory Fine Homes, Inc. a
Minnesota corporation("Contractor").
Recitals
A. Contractor has made land alterations at 300 Stubbs Bay Road North, Orono (Lot 1
Block 1 Tamarack Hill)that included disturbing the buffer for a wetland on the
property.
B. The City is requiring a security agreement to guarantee the required revegetation
of the buffer is successful.
C. Contractor has agreed to complete revegetation cited above in a timely fashion.
Contractor has agreed to provide financial security for the completion of the items
cited above by entering into this Escrow Agreement.
D. The City has determined that this Escrow Agreement constitutes adequate
assurances from Contractor, sufFicient to protect the City from potential damages
and noncompliance with the City Code.
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of
this Escrow Agreement,the Contractor shall deposit $6,400with the Ci.ty. All accrued
interest, if any, shall be paid to the City to reimburse the City for its cost in administering
the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee that the
seeding of the buffer required as part of building permit number P10094. Contractor is
completed properly and that any vegetation that does not establish successfully is
replaced. A planting is deemed successful if there is at least one native plant from the
seed mix per square foot in the seeded area. Areas where the planting is not successful
shall be reseeded by the end of the growing season. The funds sha11 be spent by the City if
Contractor for any reason is unable or unwilling to honor the requirements of the City Code
and any Development Agreement. Construction costs may also include engineering
estimates and plans as well as labor and materials for any repairs or matters completed.
3. REQUIRED IMPROVEMENTS. The following work is to be completed, as
detailed on the attached plans:
4. DISBURSEMENT FROM ESCROW ACCOiJNT. If the City suspects or knows
of any matter cited above that is not completed correctly and in a timely fashion, it shall first
make demand of Contractor to make any necessary repairs or to take other pru.dent remedial
measures within a 5 day time period. If Contractor is unwilling or unable to honor its
agreement as determined by the City, the City may draw from the Escrow Account, as
necessary. The remedies afforded to the City under this agreement shall be in addition to
any other remedies which the City may be entitled by law or equity or other agreement.
5. CLOSING ESCROW. The escrow, less any eligible expenses, shall be returned
to the Contractor two growing seasons after planting if the planting is successful. If
substantial portions of the plantings are not successful after one planting season the City
may hold the escrow for an additional planting season. If substantial portions of the
plantings are not successful after two planting seasons the City may hold the escrow for
two additional planting seasons.
6. ACCESS TO PROPERTY. By separate docurnent Steven and Elizabeth Bohl,
owners of 300 Stubbs Bay North, have granted to the City, its agents and its employees,
the right to enter on the Property for the specific plupose of inspecting or completing the
revegetation of the buffer should the Contractor not complete the work by the specified
dates.
CITY OF ORONO
BY:
Print name
IT'S
giICKORI'FINE 1EI01'+�i�S, Il`�^.
BY:
Print name
IT'S
300 Stubbs Bay Rd. N. Escrow Agreement
Page 2
�
(reserved for recording informationJ
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
INSTRUMENT made this day of , 200 , by and between
STEVEN R BOHL and ELIZABETH K BOHL husband and wife, the Grantors, and the CITY
OF ORONO, a Minnesota municipal corporation("City").
WITNESSETH:
The Grantors, in consideration of good and valuable consideration paid by the City, the
receipt and sufficiency of which is hereby acknowledged, hereby create and grant unto the City a
permanent flowage and conservation easement for the purposes set forth in this instrument, over,
under, and across the wetland and wetland buffer as described in the legal description and site plan
attached hereto as Exhibit A(the "easement premises").
The Grantors on behalf of themselves, their heirs, successors and assigns, hereby covenant
and agree as follows:
1. That the following are prohibited in perpetuity within the wetland:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, retaining walls,
, fireplaces, clothes line poles, playground equipment, roads, hardcover of
any kind, underground utility lines and distribution equipment, light poles,
traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird
houses, and other devices intended to foster wildlife; and 2) docks or
boardwalks when allowed by City ordinance and under a valid City
permit.
B. Cutting, mowing or removing shrubs or other ve�etation, and cutting,
destroying or removing trees greater than four inches in diameter, except
for tree disease control by or as directed by a governmental agency.
Grantors may .remove brush, diseased or dead trees of any size, and
noxious weeds.
i�soos 1
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam, peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers, whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
2. That the following are prohibited in perpetuity within the wetland buffer:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, fireplaces,
clothes line poles,playground equipment,roads or hardcover of any nature
whatsoever, except: 1) feeders, bird houses, and other devices intended to
foster wildlife; 2) docks or boardwalks when allowed by City ordinance
and under a valid City permit; 3) retaining walls when allowed by City
ordinance and under a valid City permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting or
removing trees greater than four inches in diameter, except for tree disease
control by or as directed by a governmental agency. Grantors may remove
brush, diseased or dead trees of any size, and noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam,peat, gravel, soil or any other natural rnaterial.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the nei;hboring properties.
F. Application of fertilizers, whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
3. Establishment and Maintenance of Wetland Buffer. The wetland buffer, measuring
50 feet in width at all points surrounding the wetland and as shown in Exhibit A,
shall be established and improved to become an "acceptable buffer area" as
described within City Ordinances, and shall thereafter be maintained by Grantors in
perpetuity free from mowing or other vegetative disturbance, fertilizer application,
yard or other waste disposal, the placement of structures or any other alteration that
impedes the function of the buffer in protecting the quality of water in the wetland or
�2soos 2
buffering flows into the wetland.
4. Grantors for themselves, their heirs, successors and assigns, further grant the City
the affirmative right, but not the obligation to do the following on the easement
premises:
A. Preserve, improve, and enhance the slope, trees, vegetation, and natural
habitat by altering, clearing, and removing trees or other vegetation, by
changing the contour of the land, and by planting trees or other vegetation.
B. Enter upon the easement premises at any time to enforce compliance with
the terms of this instrument.
5. Grantors reserve for themselves and for their heirs, successors and assigns and
their invitees, the right to enter upon the easement premises and to do and perform
on the easement premises such acts as are not inconsistent with the easement
rights granted to the City herein. Such uses shall be deemed to include, but not be
limited to planting of trees, flowers, and other vegetation consistent with a
conservation easement; walking along trails and paths; bird watching; the study of
nature; and all other acts of a similar nature or purpose.
6. Grantors hereby grant, gift, quit claim and convey to the city , a perpetual flowage
easement and right and privilege to trespass with water over and upon any or all
of the Easement Premises.
7. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever,
the City and any and all of its officers and employees of and from any and all
claims, demand or causes of action of any kind or nature whatsoever which may
arise or accrue by virtue of any flowage or trespass with water within terms of
these agreements.
8. Grantor(s) do not intend that the public should have any interest in the above land
by virtue of this indenture or otherwise, except as hereinabove set forth.
IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the
day and year set forth above.
GRANTORS:
Steven R Bohl
Elizabeth K Bohl
i2soos 3
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 200_, by Steven R. Bohl and Elizabeth K. Bohl, husband and wife, the
Grantors.
NOTARY PUBLIC
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
MKB
12�005 C�
MORTGAGE HOLDER
CONSENT TO EASEMENT
, which holds mortgages on all or part of the property more
particularly described in the foregoing Grant of Conservation Easement, which mortgages are
dated , and recorded as Document No. of the
County Recorder for Hennepin County, Minnesota, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is
subject to the foregoing Grant of Conservation Easement.
BY:
Its
AND
Its
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
,
200_, by and by
the and
of , on its behalf.
NOTARY PUBLIC
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 5�121
Telephone:(651)452-5000
MKB
t25oo5 5
EXHIBIT A
DESCRIPTION OF WETLAND AND WETLAND BUFFER
WETLAND:
The wetland within Lot 1 Block 1 Tamarack Hill,Hennepin County,Minnesota, as shown
on the plat thereof.
WETLAND BUFFER:
Strips of land 50 feet in width adjacent to the WETLAND described above and lying within
said Lot 1 Block 1.
i2soos 6
�Bonestroo
Mem o o Rosene
Mderlik&
�Assxiates
� Englneers 6 Archltects
Project Name: 300 Stubbs Bay Rd N � Client: City of Orono
To: Evelyn Turner, City Planner File No: 139-06-000
From: John Smyth, C.W.D., (651) 604-4708 Date: December 6, 2006
Re: Buffer Violation
Remarks:
I reviewed the above referenced project site on December 6, 2006. The grading completed on-site extends into
the buffer and was not completed as shown on the grading plan. As a result the existing buffer vegetation that
was in place has been removed in a portion of the buffer that may be up to 0.4 acres in size. In order to be in
compliance with the City Buffer Ordinance this area should be seeded with a native seed mix (recommend
BWSR Mix U1) and blanketed with a straw blanket due to the slope. Site preparation, seeding and blanket
installation is estimated to cost up to $5,900, Consultant compliance reviews may be $500.00. It is
recommended that an escrow or letter of credit of$6,400 is held by the City until this work is completed.
Due to the encroachment into the buffer it is recommended that monument and/or signage be installed on the
upslope edge of the buffer so the property owner and contractors are aware of the buffer. The survey
consultant that completed the grading plan that shows the upslope edge of the buffer will need to stake the
upslope edge of the buffer in the field so the monument and/or signs can be located.
Bonestroo, Rosene,Anderlik and Associafes, lnc. www.bonestroo.com
❑St.Paul Office: ��Milwaukee Office: ❑Rochester Office: �Willmar Office: u St.Cloud Office: �7 Grayslake Office:
2335 West Highway 36 1516 West Mequon Road 112 7`"Street NE 205 Sth Street SW 3721 23rtl Street S 888 East Belvidere Road
St.Paul,MN 55113 Mequon,WI 53092 Rochester,MN 55906 Willmar,MN 56201 St.Cloud,MN 56301 Grayslake,IL 60030
Phone:651-636-4600 Phone:262-241-4466 Phone:507-282-2100 Phone:320-214-9557 Phone:320-251-4553 Phone:847-548-6774
Fax:651-636-1311 Fax:262-241-4901 Fax:507-282-3100 Fax;320-214-9458 Fax:320-251-6252 Fax:847-548-6979
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(2) Unacceptable buffer areas have the following qualities, including but not
limited to;
a. Undesirable plant species (including but not lirnited to reed canary
grass, common buckthorn, purple ioosestrife, leafy spurge and
izoxiatts weeds), or
b. Lacking a layer of organic thatch or duff,or
c. Topography which tends to channelize the flow of surface runoff,
or
d. Is charac#eristically unlikely to retaii�nutrients and sediment.
, (3) Buffer areas which have been broken or cultivated within the past ten (10)
consecutive �years must be restored to a condition con�sistent with an
acceptabl��buffer area defined in Section 78-1605(b)(1), a restoration or
landscape plan nzust be submitted to the Planning Dixector, which
restoratiQn shall incltute, replanting,and maintaining according to each of
the followino guidelines: �"``
a. Buffer areas shall be pla�zted with a seed mix containin� one
hundred(104%)percent perennial native plant species,except for a
one-time planting of an annual nurse or cover crop such as oats or
rye.
b, The seed mix to be used sha11 consist of at least twelve (12)pounds
pure live seed (PL,S) per acre of native prairie grass seec� and five
(5) pounds PLS per acre of native forbs. I�ative prairie grass and
native forb mixes shall contain no fewer than four{4) and five (5)
species respectively.
c. The annual nurse or cover crop shall be applied at a rate of twenty
{20)pounds per acre.
d. Native shrubs and or trees may be used in addition to forbs and
grasses. Sl�rubs shall be distributed so as to provide a natural
appearance and shall not be planted in rows.
e, �lative prairie grasses and farbs shall be plailted by a qualified
coiztractor.
f, ivo feirtilizer shali be used iiz establislZing new buffer zones, e�cept
on highly disturbed sites whet� deemed necessary to establish
acceptable buffer ve�etation and then limited to amounts indicated
bti' an accredited soil testina laboratory.
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�, Ail seeded areas shatl be mulched immediately with clean straw at
�•
a rate af oxze and one half(1 '/z ) tons per acxe. Mulch shall be
anchored with a disk or tackifier.
h. Buf£er areas (botl� natural and created}, shall be protected by silt
fence during construction and the fence shall remain in place until
the area crop is established, and at that time the fence shall be
removed.
(c) Buffer area widtl�s will be based on the Wetland Protection Strategies
established in the Orono Surface VJater Managemei�t Plan (S WMP) (December 2002). A
Protection Cl�ssification has bee�1 assigned to each wetland in Orono based on the
stormwater susceptibility and fiinctional assessment for each wetland. The four
Protection Classifications are described as follows:
Protection Susceptibility Description
Classification Rat' �
Highly Higl�fy susceptible to botli qua�;tity and quality impacts
"Preserve" Susoe tible from runoff;hav�tt�e hi hest de ree of rotection
Moderately Moderattey s�isc' ptible to quantity and quality impacts;
"ylanage 1" Suscepti6le protection is less stringeat than Preserve,provid.es
rotection to maintain their characteristics
"Manage 2" Slightly Less stringent protection tl�an Manage 1 wetlands;
Susce tible mainte�lance of characteristics is desirable
. Least We:Iatids are signi�cantly degraded(e.g.,cultivated or
"Manage 3" Susceptible ca�iary grass monotype}or lack of wetland characteristics;
not typicalty impacted by runoff; no quantity a�id only
timited uali treatment of rui�off is re uired
The Protection Classification for each wetland will be found on the"Wetland
Management Classificatian Map &List" which is hereby adopted by reference, a copy of
which shall be lcept on file in the office of the City Cierlc and shall he available for public
review during all normal office hours. The following are the required bt�ffer azea widths
for each Protection Ciassification:
Width of Buffei• Additio�ial Protection Require►nents
Protection Area from (B= Bounce=change in water level due to runoff event)
Classification Wettand (P=Phosphorus)
Bo�inda�• •
"Preserve" �0 feet B: Maintain bounce at or below existing condirions
P: Limit loadinas to redevelo ment loadinb{0.14 Lbs.lAcfYr}
"Martage 1" 3� feet B: �taintain bounce at or below existin,conditions plus 0.� foot �
P: Limit loadings to predevelopment loadings times ?
� (0.28 Lbs/Ac/Yr� �
i `'ylana�e 2" ! 2� feet 8: Maintain bounce at or belowexistin�conditions plus t.0 foot I.
; � i P: Limit concei?trat'son to �cedeveio�ment concencrations(?QO �
i j � b) I
� "�fa�laae 3" lb.� feet I B'�`o quancitv requi�ement
� ' � P: Limit concer.tta�ion to ?35 ppb !
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