HomeMy WebLinkAboutRe: wetland buffer Christine Mattson
From: Smyth, John R [John.Smyth@bonestroo.com]
Sent: Thursday, September 03, 2009 3:07 PM
To: Christine Mattson
Cc: Melanie Curtis; Amundsen, Darren T
Subject: RE: 430 Stubbs Bay Road
Christine,
No bother sorry for not getting back to you sooner. I inspected this site earlier this summer and talked to Evelyn about
it. The buffer around the wetland immediately adjacent to stubbs bay road (Wetland Basin 2) was ok. The other buffer
that is behind the house still had buckthorn. I talked to the resident and she indicated that they had someone clear it.
This may be the case but there was still some significant buckthorn in the buffer.
I would recommend they have the buckthorn that is greater then 0.5 inch diameter in size cut and the stumps treated
with a solution of 25% Garlon 3A with 75% bark oil blue or equal. If they complete this it will provide adequate sun light
for other vegetation to establish and the site would be in compliance.
Let me know if you have questions.
John
John Smyth
Associate
Tel 651-604-4708
Cel I 651-775-5104
john.smyth@bonestroo.com
� Bonestroo
From: Christine Mattson [mailto:CMattson@ci.orono.mn.us]
Sent: Tuesday, September 01, 2009 2:01 PM
To: Smyth, ]ohn R
Cc: Melanie Curtis
Subject: FW: 430 Stubbs Bay Road
John,
Sorry to bother you, but have you had a chance to inspect 430 Stubbs Bay Road yet? If you already have and sent me an
email, I apologize, but I've misplaced it and need another.
Thanksl
From: Christine Mattson
Sent: Thursday, August 20, 2009 10:01 AM
To: 'john.smyth@bonestroo.com'
Subject: 430 Stubbs Bay Road
Hi John,
�
Since Evelyn is out of the office, I'm try to get a handle on the status of the condition of the buffer at 430 Stubbs Bay
Road. I look forward to hearing from you at your earliest convenience.
Thanks!
Christine Mattson
Planning Assistant
City of Orono
2750 Kelly Parkway Orono MN 55356(physical addressJ
PO Box 66 Crystal Bay MN 55323-0066(mailing address)
`l�' 952.249.4620 �952.249.4616
� cmattson@ci.orono.mn.us � www.ci.orono.mn.us
SUMMER HOURS: (Monday, May 18th-Friday,September4th)
Monday-Thursday 7:30 am to 5:00 pm
Friday 7:30 am to 11:30 am
2
Christine Mattson
From: Christine Mattson
Sent: Wednesday, September 02, 2009 10:42 AM
To: Soren Mattick
Cc: Melanie Curtis; Evelyn M. Turner
Subject: 430 Stubbs Bay Road N
Attachments: admin_ci_orono_mn_us_20090902_105350.pdf
Soren,
Melanie asked that I document my conversations with Mr. Steve Strobel at 430 Stubbs Bay Road North.
You may remember that Evelyn had been corresponding with you regarding this address. The builder, Lane
Moore, was told he needed a Flowage and Conservation Easement and Restrictive Covenant and Escrow
agreement. Lane did not provide these and sold the house to Mr. Steve Strobel. The city issued a temporary
CO but will not issue the final CO until the above documents have been completed. He's had the temporary
CO for two years now. Mr. Strobel keeps contacting the City asking for his final CO. When I inform him,
verbally and in writing (see attached) he is upset because the:
City dropped the ball in not obtaining this from the builder- not homeowner's responsibility City should have
stopped him from selling without all the necessary work completed City should require this information from the
builder not the homeowner
When I told him I was only doing what the City's attorney had advised, he said that Lane tells him we have the
escrow money and easement. I asked Mr. Strobel to have Mr. Moore provide us with a copy of the completed
documents and proof of payment. I've doubled check with the finance department and don't show any monies
received.
He has been fairly pleasant until today. I told him I understand his frustration, but cannot issue the final CO
until the above documents are completed.
Christine Mattson
PS I also have several emails into John Smyth at Bonestroo for an update on what the wetland buffers look
like. Mr. Strobel says they are done.
i
Christine Mattson
From: Evelyn M. Turner
Sent: Wednesday, August 19, 2009 7:10 PM
To: Christine Mattson; Melanie Curtis
Subject: RE: workability form and 430 stubbs bay road north
he just wanted to talk to me, he already had copies of those letters. he needs to be told that, per Soren, he is
responsible for taking care of the remaining items for the co, not custom structures. you should check with john about
the condition of the buffer. if the buffers are ok strobel will need to have surveyor draft legal descriptions for wetlands
and buffers.
i'll fish for the emails
et
From: Christine Mattson
Sent: Wednesday, August 19, 2009 4:55 PM
To: Evelyn M. Turner
Cc: Melanie Curtis
Subject: RE: workability form and 430 stubbs bay road north
Steve Strobel called you on August 10, 2009 and Melanie sent him a letter on August 11 giving him copies of
the information that was sent to Lane Moore on 5-27-07, 6-7-07 and 6-2-08 showing the outstanding items that
are needed before a C.O. could be issued.
When a message was left for you, what was his question?
From: Evelyn M. Turner
Sent: Wednesday, August 19, 2009 4:44 PM
To: Me 'e Curtis; Christine Mattson
Cc: Ron Olso
Subject: workabi i rm and 430 stubbs bay roa north
here is the latesy workability o . park-nic et evidently faxed it to the city of richfield . evidently its someplace in not
in the file so park-nicollet called me. 159 hns point road must be the same place.
i missed their first call and though might be ph ' I therapy with a cancellation. i thought they might have called
work so i checked messages. i eted a couple of han s. one wasn't so you could miss. it is about the co for 430
stubbs. hold up is wetland bu r and easement/covenant. stom structures -them!!!!!!- stopped responding. soren
said we couldn't hold custo tructures responsible, only the o r. i had asked john smyth to check out the buffer a
while a go but never heard ack. i was sort of hoping the owner wo forget about it.
check street file and e ail for details.
et
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Christine Mattson
From: Evelyn M. Turner
Sent: Wednesday, August 19, 2009 7:13 PM
To: Christine Mattson
Cc: Melanie Curtis
Subject: FW: So What Do We Do Now?
here's the exchange with soren.
From: Soren Mattick [SMattick@ck-law.com]
Sent: Monday, April 13, 2009 2:10 PM
To: Evelyn M. Turner
Cc: Lyle Oman; Melanie Curtis
Subject: RE: So What Do We Do Now?
Evelyn,
I am assuming the goal is to correct the situation. The easiest way to do that is to deal with the individual that lives in the
home and controls the property. If there is a reluctance to proceed against the property owner—thaYs fine— but your
enforcement options against the builder(that don't impact the homeowner) are very limited to nonexistent. For example—
the builder can't give us the easement that we need—that has to come from the property owner.
Soren
-----Original Message-----
From: Evelyn M. Turner [mailto:ETurner@ci.orono.mn.us]
Sent: Monday, April 13, 2009 11:29 AM
To: Soren Mattick
Cc: Lyle Oman; Melanie Curtis
Subject: RE: So What Do We Do Now?
Because his builder won't do what he's supposed to do. Explain that to the Council.
From: Saren Mattick [mailto:SMattick@ck-law.com]
Sent: Monday, April 13, 2009 11:13 AM
To: Evelyn M. Turner
Cc: Melanie Curtis; Lyle Oman
Subject: RE: So What Do We Do Now?
Because he is occupying a home illegally.
-----Original Message-----
From: Evelyn M. Turner [mailto:ETurner@ci.orono.mn.us]
Sent: Monday, April 13, 2009 11:13 AM
To: Soren Mattick
Cc: Melanie Curtis; Lyle Oman
Subject: RE: So What Do We Do Now?
The homeowner is the victim of Custom Structures. Why would be prosecute him? (The house
was not built specifically for the homeowner.)
From: Soren Mattick [mailto:SMattick@ck-law.com]
Sent: Monday, April 13, 2009 10:55 AM
To: Evelyn M. Turner
1
• . �
Cc: Melanie Curtis; Lyle Oman
Subject: RE: So What Do We Do Now?
Evelyn,
Is the property owner unwilling to do what is necessary to correct the situation?
In some respects it doesn't matter that the builder left the home owner hanging on this situation.
The home owner now lives in a home w/o a CO and that is a violation of the code among other
things. I would approach the home owner with the"to do list" and see if they will comply. If
they don't comply—contact Ken Potts for prosecution.
Soren
-----Original Message-----
From: Evelyn M. Turner [mailto:ETurner@ci.orono.mn.us]
Sent: Friday, April 10, 2009 2:39 PM
To: Soren Mattick
Cc: Melanie Curtis; Lyle Oman
Subject: So What Do We Do Now?
Soren:
We have a house occupied by the owner with no CO and an expired temporary CO. The
CO is being held because the builder failed to satisfy some wetland requirement.
Because the permit application sat for over a year the wetland requirements were not
addressed before the permit was issued. Here is the chronology:
8/22/OS Wetland Regulations adopted
8/30/OS Custom Structures* applied for permit for new house at 430 Stubbs Bay Road
10/13/06 Permit Issued
4/16/06 Atlantis Pools applies for permit for pool at 430 Stubbs Bay Road
5/29/07 ET notifies Custom Structures by letter that the pool permit application brought
to the City `s attention that the permit was issued without requiring the creation of buffers
for the two wetlands on the property, an easement over the wetlands and wetland buffers
and an escrow to guarantee establishment of the buffers and that(after consultation with
the City Attorney) Custom Structures is responsible for doing all this
5/30/07 Pool permit issued to Atlantis Pools
6/7/07 ET writes letter to Custom Structures clarifying that it was the house, not the pool
that triggered the wetland requirements
6/15/07 Temporary CO issued under deficiencies to be corrected"By August 1,2007
Grass,pool deck etc.
4/23/08 Final Inspection—passed
5/08 ET would not sign certificate of occupancy because of wetland issues
6/2/08 ET notifies Custom Structures by letter that CO could not be issued because of
wetland issues, attached May, 20071etter
8/14/08 Homeowner ca11s asking why CO has not been issued
8/18 or 19/08 ET explains issues to homeowner
8/19/08 Chris Mattson mails homeowner copy of letters
8/22/08 ET receives email from Lane at Custom Structures asking why CO has not been
issued
z
. �
. •
8/25/08 ET emails Lane at Custom Structures copy of previous letters
4/08 Homeowner calls Lyle Oman wondering why CO hasn't been issued ET told
homeowner she would check with City Attorney to see what could be done.
No escrow, no easement, homeowner indicates buckthorn was removed but there was
also seeding to be done that may not be done and not all of the buckthorn may have been
removed.
John Smyth's estimate of cost of the work was about $5,000.00. I don't know if that was
100% or 150%. It doesn't include the cost of the surveyor writing legal descriptions for
the easement.
What options do we have?
Evelyn
*Yes,it's the same company that built the two houses on Rest Point near Dave Rahn's house.
3
Christine Mattson
From: Evelyn M. Turner
Sent: Wednesday, August 19, 2009 7:17 PM
To: Christine Mattson; Melanie Curtis
Subject: FW: Wetland Buffer Inspection -300 Stubbs Bay Road
here's the one to john. i never heard from him on any of the three.
From: Evelyn M. Turner
Sent: Thursday, June 25, 2009 1:33 PM
To: 'Smyth, John R'
Subject: RE: Wetland Buffer Inspection - 300 Stubbs Bay Road
Here's two more that should be ready:
4680 Creekside Trail
585 Brown Road South
Evelyn
PS
Do you have any sort of list? We should have been keeping one but haven't.
From: Smyth, John R [mailto:John.Smyth@bonestroo.com]
Sent: Thursday, June 25, 2009 12:14 PM
To: Evelyn M. Turner; Melanie Curtis
Subject: RE: Wetland Buffer Inspection - 300 Stubbs Bay Road
Evelyn and Melanie,
I went to 300 Stubbs Bay Road for Buffer inspection rather then 430 Stubbs Bay Road as requested below (woops). I will
review 430 Stubbs Bay Road on the way home today. At the 300 Stubbs Bay Road site they have replaced the turf with
native grasses and shrubs per our request. This site is o.k. and if you are holding money for the buffer at 300 Stubbs Bay
Road it could be released.
John
7ohn Smyth
Associate
Tel 651-604-4708
Cell 651-775-5104
john.smyth@bonestroo.com
� Banestroo
From: Evelyn M. Turner [mailto:ETurner@ci.orono.mn.us]
Sent: Friday, June 19, 2009 8:59 AM
To: Smyth, John R
Subject: Wetland Buffer Inspection
John:
1
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When you are out and about please check the wetland buffers at 430 Stubbs Bay Road
North (your file #139-06000). The owner says the work was done. The temporary CO was
issued without getting the escrow or easements. The builder has stopped returning my
phone calls.
Thanks
Evelyn
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��_-_��" Orono, MN 55356 Crystal Bay, MN 55323-0066
June 7, 2007
Lane Moore
Custom Structures, Ltd.
600 Twelve Oaks Center Drive Suite 212
Wayzata, Minnesota 55391
Dear Mr. Moore:
This letter is to clarify my letter of May 29 regarding the need to improve the wetland buffer in
conjunction with the house you are constructing at 430 Stubbs Bay Road North in Orono. I now
realize that I created some confusion because I did not explicitly state it was the building permit
for the house, not the pool that triggered the requirement for improving the buffer areas around
the wetland. Ms. Carolan's memo references the pool because when I asked her to evaluate the
buffer areas I had not realized the buffer requirement had been overlooked when the building
permit was issued. Since there had already been a lengthy delay I did not ask her to redraft the
memo.
After consulting with the City Attorney, it was determined that this omission does not excuse
you from this requirement. The certificate of occupancy will not be issued until we have the plan,
the easement, the escrow, and the escrow agreement.
If you have any questions please call me at 952-249-4623. Please provide the information needed
to complete the easement and the agreement by fax (952-249-4616) or by email
(eturner(a�ci.orono.mn.us)
Sincerely,
/��
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Evel Turner
City Planner
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Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
Confiirmation Report — Memory Send
Time : Jun-07-2007 08:40am
Tel line : +9522494616
Name : CITY OF ORONO
Job number . 777
Date . Jun-OT 08:30am
To . 6124739041
Document pa8es . 002
Start time . Jun-07 08:30am
End time . Jun-07 08:40am
Pases sent . 000
Status . 50
Job number : T77 *** SEND FA I LED ***
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Crystta/BBy, MN 55323
(952) 249-46D0
Fax: �952) 24g-.a69B
FAX TRANSMISSIQN COVER SHEET
Oats: June 7, 2007
To: Lan� Moora
Custom Structur�s, Ltd.
Fax= 6'12�473-904'I
Ra: 430 3tubbs Bay Road N.
Sends�: Evolyn Turn��, City Plannar
YOU SHOULO RECE/VE 2 PAQES, /NCLUO/NG TH/S COVER SHEET. /F YOU 00 NOT
RECE/VE ALL THE PAGES, PLEASE CALL ME AT 952.249.4623.
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� Orono, MN 55356 Crystal Bay, MN 55323•0066
June 2, 2008
Lane Moore
Custom Structures, Ltd.
600 Twelve Oaks Center Drive Suite 212
Wayzata, Minnesota 55391
Dear Mr. Moore:
I am unable to sign off on the final certificate of occupancy for 430 Stubbs Bay Road North
because you never took care of the items related to the wetland buffers as outlined in my letter of
May 29, 2007 (copy attached).
To reiterate, this is what is required:
1. Improvement of the buffers for both wetlands. This work is outlined in the attached
memo and map from Amy Carolan.
2. A Flowage and Conservation Easement and Restrictive Covenant is required. For your
information the standard form was attached to the original letter. The City will draft the
actual easement. Please provide me with ownership information and legal descriptions of
the wetlands and the buffers.
3. An escrow of$4,850.00 to guarantee the creation of the buffers and an escrow
agreement. For your information the standard form was attached to the original letter.
The City will draft the actual agreement. Please let me know if your company or the
buyer will be providing the escrow.
If you have any questions please call me at 952-249-4623. Please provide the information needed
to complete the easement and the agreement by fax (952-249-4616) or by email
(eturnerna,ci.orono.mn.us)
Sincerely
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E�����yn Turner
City Planner
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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CITY of ORONO
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`� r Street Address: Mailing Address:
�9kESH0¢� 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
11 August 2009
Steve Strobel
430 Stubbs Bay Road N
Long Lake, MN 55356
We received the message you left for Evelyn Turner on August 10, 2009.
Attached are correspondences that were sent to Lane Moore on May 29, 2007, June 7, 2007
and June 2, 2008 pertaining to the outstanding items needed before a final Certificate of
Occupancy can be issued for your property.
If you have any questions, please don't hesitate to contact me at mcurtis(a�ci.orono.mn.us or at
952.249.4627.
Sincerely,
CITY OF ORONO
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Melanie Curtis
Planning & Zoning Coordinator
Attachments
Telephone(952)249-4600 • Fax (9�2)249-4616
��ww.ci.orona.ma.us
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CITY of ORONO
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�� ` G~ Street Address: Mailing Address:
��xESH�¢� 2750 Kelley Parkway P.O. Box 66
' Orono, MN 55356 Crystal Bay, MN 55323-0066
May 29, 2007
Lane Moore
Custom Structures, Ltd.
�� -�-?$$ Twelve Oaks Center Pr ��.�c. -4�-� Zf Z
Wayzata, Minnesota 5�391
Dear Mr. Moore:
As you are aware, an application for a building permit for a pool for the house you are
constructinb at 430 Stubbs Bay Road North brought to our attention the fact that the at the tirne
the building permit for the house was issued the requirement that buffers be established for the
two wetlands on this property was overlooked. After consulting with the City Attorney, it has
been determined that this omission does not excuse you from this requirement.
This is what is required:
1. Work in the buffers for both wetlands. This work is outlined in the attached memo and
map from Amy Carolan.
2. A Flowage and Conservation Easement and Restrictive Covenant is required. For your
information the standard form is enclosed. The City will draft the actual easement. It
may be signed now or at the closing, whichever you prefer. Please provide me with
ownership information.
3. An escrow of$4,850.00 to guarantee the creation of the buffers and an escrow
a�reement. For your information the standard form is enclosed. The City will draft the
actual aareement. Please let me know if your company or the buyer will be providing the
escrow.
If you have any questions please call me at 9�2-249-4623. Please provide the information needed
to complete the easemetlt and the agreement by fax (952-249-4616) or by email
(eturner,�ci.orono.mn.us)
Sincerelv,
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Evely�urnei•
City Planner
'i`olo�FrJ4+4np(9571 7�lQ�tti(iflll e F�v (QC7'1 7QQ_Q�(,,,1(.,
www.ci.orono.mn.us
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Orono, MN 55356 Crystal Bay, MN 55323-0066
18 September 2009
Steve Strobel
430 Stubbs Bay Road N
Long Lake, MN 55356
The City's consulting engineer, John Smyth, conducted a site visit at 430 Stubbs Bay Road N and
determined the buffer area around the wetland immediately adjacent to Stubbs Bay Road (Wetland
Basin 2) meets the City standards.
The other buffer area behind the house still contains buckthorn. Smyth indicated that he spoke with a
resident of the home who stated that someone was hired to clear it. Unfortunately, there is still a
significant amount of buckthorn in the buffer that needs to be removed.
The recommendation at this time is to have the buckthorn, greater than 0.5 inch diameter in size, cut
down and the stumps treated with a solution of 25% Garlon 3A with 75% bark oil blue or equal. Once
completed this will provide adequate sun light for other vegetation to establish and the site would then
be in compliance.
Since one of the two buffers in question has been adequately addressed, a signed escrow agreement
along with a reduced escrow of $1,000 is now required along with the enclosed Flowage and
Conservation Easement. Please complete and submit by Friday, September 25 and proceed with the
buckthorn removal as indicated above.
On November 15, 2009 John Smyth will visit the site to assure completion of removals.
If you have any questions, please don't hesitate to contact me at mcurtisCc�ci.orono.mn.us or at
952.249.4627. •
Sincerely,
CITY OF ORONO
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Melanie Curtis
Planning & Zoning Coordinator
Attachments:
• Escrow Agreement
• Grant of Permanent Flowage and Conservation Easement and Restricted Covenant for Wetland
and Wetland Buffer
Telephone(952)249-4600 • Fax(952)249-4616
C City Attorney www,ci.orono.mn.us
Christine Mattson
From: Melanie Curtis
Sent: Friday, December 04, 2009 2:21 PM
To: Christine Mattson
Subject: FW: Winter Wetland "Delineation" for Mary Safar
Attachments: Orono Compliance Check Summary12-3-09.xlsx
Looks like we can close Steve Stroebel's file—430 Stubbs Bay Rd. See below. Please do so and notify him with a brief
letter.
Melanie Curtis � 'S 952.249.4627 � mcurtis@ci.orono.mn.us
From: Smyth, John R [mailto:John.Smyth@bonestroo.com]
Sent: Friday, December 04, 2009 12:38 PM
To: Melanie Curtis
Cc: Tom Kellogg
Subject: RE: Winter Wetland "Delineation" for Mary Safar
Melanie,
I will plan on visiting the vacant lot north of 925 Partenwood Road next week. I will use blue pin flags to mark a
conservative wetland boundary estimate and tie pink ribbon to vegetation so the survey crew can find the flags.
I visited 430 Stubbs Bay Road yesterday and all the buckthorn has been removed from the buffer so the site is in
compliance. Looks good. The attached spreadsheet is updated to reflect this and other updates for this year.
7ohn Smyth
Associate
Direct 651-604-4708
CeII 651-775-5104
joh n.smyth @ bonestroo.com
� Bonestroo
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brono, MN 55356 Crystal Bay, MN 55323-0066
11 Deoember 2009
Steve Strobel
430 Stubbs Bay Road N
Long Lake, AAN 55356
The City's cansultir� engineer, John Smyth, conducted a site visit at 430 Stubbs Bay Road N on
December 3, 2009 and reported that all the buckthorn has been removed from the buffer and the site is
in compliance.
If you have any questions, please don't hesitate to contact me at mcurtisCc�ci.orono.mn.us or at
952.249.4627.
Sincerely,
CITY OF ORONO .
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Melanie Curtis
Planning 8 Zoning Coordinator
'I�lephone(952)2A9-4600 • Fax(952)249-461b
www.ci.orono.mn.ns
Evelyn M. Turner
From: Evelyn M. Turner
Sent: Friday, June 19, 2009 8:59 AM
To: John Smyth (jsmyth@bonestroo.com)
Subject: Wetland Buffer Inspection
John:
When you are out and about please check the wetland buffers at 430 Stubbs Bay Road
North (your file #139-06000). The owner says the work was done. The temporary CO was
issued without getting the escrow or easements. The builder has stopped returning my
phone calls.
Thanks
Evelyn
1
Page 1 of 1
Evelyn M. Turner
From: Evelyn M. Turner
Sent: Monday, August 25, 2008 12:25 PM
To: 'Custom Structures, LTD'
Subject: RE: 440 Stubbs Bay
Attachments: admin_ci_orono_mn_us_20080825_123721.pdf
Here is the letter that details what has to be done.
From: Custom Structures, LTD [mailto:customstructures@uscorp.net]
Sent: Friday, August 22, 2008 12:02 PM
To: Evelyn M. Turner
Subject: 440 Stubbs Bay
Evelyn
I am writing regarding the certificate for 440 Stubbs Bay. This project has been completed per the cities specs
and I am wondering why this cert has not been issured.
Please send me an email me or call me @ 612-296-6944 so that we can get this matter resolved asap.
Thanks
Lane
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8/25/2008
Page 1 of 1
Evelyn M. Turner
From: Evelyn M. Turner
Sent: Friday, August 22, 2008 12:31 PM
To: 'Custom Structures, LTD'
Subject: RE: 440 Stubbs Bay
Did you do the required improvements to the wetland buffer? We also need legal descriptions for it. I can't get to
the file at the moment. (Offices officially closed at 11:30) I will sent you a comprehensive list on Monday, but it all
relates to the wetland and wetland buffer. Homeowner has the info.
Evelyn
From: Custom Structures, LTD [mailto:customstructures@uscorp.net]
Sent: Friday, August 22, 2008 12:02 PM
To: Evelyn M. Turner
Subject: 440 Stubbs Bay
Evelyn
I am writing regarding the certificate for 440 Stubbs Bay. This project has been completed per the cities specs
and I am wondering why this cert has not been issured.
Please send me an email me or call me @ 612-296-6944 so that we can get this matter resolved asap.
Thanks
Lane
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