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Home My WebLink AboutMCWD permit Ong, C On MINNEHAHA CREEK WATERSHED DISTRICT QUALITY OF WATER `- QUALITY OF LIFE Pursuant to Minnesota Statutes Chapter 103D, and on the basis of statements and information contained in the permit application, correspondence, plans, The Minnehaha Creek maps, and all other supporting data submitted by the applicant, and made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant Watershed District is named below for use and development of land in the Minnehaha Creek committed to a leadership Watershed District. role in protecting, Issued to: Anthony Rochel Permit No: 12-016 improving and managing the surface waters and Location: 125 Turnham Road Orono MN affiliated groundwater Purpose: Erosion Control &Wetland Protection - Single Family Home resources within the Date of Issuance: 07/16/2012 Date of Expiration: 07/16/2013 District,including their By rd oft 3oarlof Managers relationships to the ecosystems of which Cat erine Bach they are an integral part. District Technician We achieve our mission This permit is not transferable without District approval, and is valid to the date of through regulation, expiration. No activity is authorized beyond the expiration date. If the permittee requires more time to complete the project, an application for renewal of the capital projects, permit must be received by the District at least 30 days before expiration. education,cooperative The applicant is responsible for compliance with all District Rules and for the endeavors,and other action of their representatives, contractors, and employees. programs based on Conditions: Project to be completed as described in plans submitted to the MCWD office on January 31, 2012 according to the provisions of sound science, this permit. innovative thinking,an • Properly install and maintain all required erosion control measures until the disturbed areas are re-stabilized informed and engaged • When the site is re-stabilized and the MCWD staff has performed a final inspection, all silt fences must be removed constituency,and the cost effective use of public funds. (Statement concerning fees for inspections, violations, etc... on following page) 18202 Minnetonka Boulevard, Deephaven, MN 55391 •Office: (952)471-0590 0 Fax: (952)471-0682 •www.minnehahacreek.org MINNEHAHA CREEK WATERSHED DISTRICT QUALITY OF WATER '�-� QUALITY OF LIFE Inspection/Analysis/Monitoring Fees The Minnehaha Creek A site inspection and monitoring by District staff will be performed where the Watershed District is activity involves: committed to a leadership • a commercial/industrial/multi-family residential development • a single family residential development greater than 5 acres or of any size if role in protecting, within the Minnehaha Creek subwatershed • any alteration of a floodplain or wetland improving and managing • dredging within the beds, banks or shores of any protected water or wetland the surface waters and • a violation • any project which in the judgment of the District staff should be inspected due affiliated groundwater to project location, scope, or construction techniques resources within the District,including their In these cases, the applicant shall pay to the District a fee equal to the actual costs of field inspection of the work, including investigation of the area affected relationships to the by the work, analysis of the work, and any subsequent monitoring of the work, ecosystems of which which in the case of a violation shall be at least $35, they are an integral part. We achieve our mission Standard Fee Schedule through regulation, District professional staff $ 57.74* capital projects, District interns $ 36.44* District clerical staff $ 42.16* education,cooperative Consulting Senior Engineer $ contracted rate endeavors,and other Consulting Engineer/Technician $ contracted rate District Counsel $ contracted rate programs based on Application fee $ 10.00 Copy costs $ .25 + actual staff time sound science, Color copy costs $ 1.00 + actual staff time innovative thinking,an informed and engaged * constituency,and the Hourly cost effective use of public funds. 18202 Minnetonka Boulevard, Deephaven, MN 55391 • Office: (952)471-0590• Fax: (952)471-0682 •www.minnehahacreek.org OHO T ESCROW AGREEMENT JUC 12 2012 ey Between the Minnehaha Creels Watershed District and [MASTERPIECE HOMES, INC.] This Agreement is made by and between the Minnehaha Creek Watershed District, a watershed district under Minnesota Statutes Chapters 103B and 103D (MCWD), and [MASTERPIECE HOMES, INC. A CORPORATION("Permittee"), to establish a cash escrow in fiilfillment of financial assurance requirements under MCWD Permit 12-016. Recitals A. Pursuant to Minnesota Statutes § 103D.345, the MCWD has adopted and implements permitting rules governing development and other activity within the boundaries of the MCWD that may have an impact on water resources. B. MCWD rules require as a condition of permit approval that a permittee provide and maintain a financial assurance in the form of a bond, letter of credit or cash escrow for the purpose of covering costs the MCWD may incur in monitoring and inspecting activity under the permit and in responding to violations of MCWD statutes, rules,permits and orders. C. This Agreement documents that Permittee has submitted a cash escrow to fulfill a financial assurance obligation under Permit 12-016 and specifies the conditions and procedures under which the MCWD will hold and may draw on the escrow. Permittee and the MCWD, in executing this Agreement, concur that it is legally binding. Agreement 1. Permittee has submitted a cash escrow in the amount of$5,000. The MCWD will hold the escrow in an escrow account where it may be commingled with escrow funds held by the MCWD on behalf of parties other than Permittee. The MCWD need not hold the funds in an interest-bearing account and Permittee will not be entitled to interest on the escrow. If the escrow is submitted in a form other than cash and the escrow amount is not credited promptly to the MCWD account, the MCWD may declare this Agreement null and void by written notice to Permittee. 2. Additional escrow funds will be submitted by Permittee, and unused funds will be released to Permittee, in accordance with the MCWD Rules and duly adopted resolutions and policies of the MCWD Board of Managers. 3. Escrow fiends will become the sole property of the MCWD, and Permittee agrees to the relinquislunent of all legal and equitable interest therein, as follows: a. The MCWD may invoice Permittee for permit review, compliance monitoring, and other eligible costs in accordance with duly established MCWD procedures. b. If after notice and opportunity to be heard the MCWD finds violation of a MCWD statute,rule, permit or order, the MCWD may give written notice to Permittee. The 9-11 1 notice will describe the violation and the action required to correct it. If within twenty (20) days of notice delivery the violation has not been corrected and arrangements acceptable to the MCWD have not been made,without further notice the MCWD may take steps it deems reasonable to correct the violation, and may have access to the property during reasonable times for that purpose. Provided,that the MCWD will give 24 hours' notice before entry and exercise due care to avoid unnecessary disturbance or damage to the property. If the MCWD finds that entry is required to address an occurring or imminent threat to water resources, it may enter and correct without prior hearing or opportunity to cure, but only to the extent reasonably necessary to address the threat. c. The MCWD may invoice Permittee for reasonable costs incurred for activity under paragraph 3b. If payment is not made within 30 days,the MCWD may transfer funds from the escrow account into MCWD accounts and credit Permittee accordingly. 4. Permittee represents unconditionally that all escrow funds submitted hereunder are funds of Permittee. All obligations of the MCWD under this Agreement in holding and using the escrow funds are to Permittee only. Nothing in this Agreement creates any right in any third party as against the MCWD or in any way waives or abridges any immunity,defense or liability limit of the MCWD. Permittee will not assign or purport to assign any interest in the escrow funds or this Agreement to any third party. 5.Nothing in this Agreement affects Permittee's legal right, if any,to appeal a finding of violation or seek a legal determination of the purposes to which the MCWD may use the escrow funds. 6.The Permittee agrees that, should the escrow funds submitted hereunder remain unclaimed by the Permittee or his successor in interest so as to become"abandoned property"as that term is defined in Minnesota Law,the District may assess a service charge from the unclaimed assets to cover costs of attempting to locate the Permittee or his successor in interest and, if necessary, reporting and paying the unclaimed funds as required by law. 7. This Agreement is effective on the signature of the parties and terminates when the District releases the escrow or declares the Agreement null and void under paragraph 1,above. The Agreement may be amended only in a writing signed by the parties. An increase or decrease in the amount of escrow funds held by the MCWD for permit 12-016 does not constitute an amendment. 8.Notice to Permittee under this Agreement is effective when sent by certified mail to Permittee's address as stated in the permit application or such other address as Permittee subsequently has notified the MCWD in writing. The law of the State of Minnesota will govern any legal proceeding concerning this Agreement. Venue for any such proceeding will be in the county where the real property that is the subject of this Agreement is located. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. 9-11 2 MINNEHAHA CREEK WATERSHED DISTRICT 1 _ Date: -1:5 /2, tc en n, Adinistfator PERMITTEE Date: 7/10/2012 [Steven Peters] State of Minesota County of Ramsey This instrument was acknowledged before me on 7/10/2012 (date)by Steven Peters_(name(s) of person(s))as President (type of authority, e.g., officer, trustee, etc.) of_Masteipiece Homes htc._(nanie ofparty on behalf of whom the instrument was executed). (Signature of notarial officer) (Stamp) DEBORAH ANN JERDE■ NOTARY PUBLIC-MINNESOTA MY''-mmssionExpire$Jan.31,2016 • r Office Coordinator Title(and Rank) Jan 31,2016 My commission expires: 9-11 3 IIIE FACE OF THIS DOCUMENT HASA COLORED BACK Cr:UUND ON WHITE PAPER,A VOID PANTOGRAPH AND MICROPn ' u TEai HOMES,ia��LG '� '' iii i' ANX ■� -Premier Briks ':1� 7e 91 � ; -3244 siti N 206.6 WNITEBEAR AVN � t 'MAPLEWOOD,MNS a i \1•; } 27� O TY ROAD C h, `41\ > ''� '� `` ttf �i � t Al . t+t{;, til �k i i� 4 ; ' A,MN 55117c j rN n CLICENSE BC00145I MAY ***>~ive, thousand:,dollars. al no. cents June 22,1 Q012 13947 * * 5, 0b0 00 1 c' 'DATE" 1 I tj CHECKNO. A,IYIOUNT, j .. MINNEHAHA GREEK ATERSHE D DIST CEW �, 1 1820 M7�7�TETONKA BD 44t.a krta�y� 4s" P \'•�.. 1 = ':`eL`� ti— a_ �:s \t ' +.. `IV E , ` tE VE MrT 553 � tit i. _�. }, � - ` ` it {`; . • #ik st t til �1'`a � i 4 .3 t t1 1 �r '`;•ttY'lj t"sl" [ tA1 kt., `�� i �s+,-��'l4= �4�7's�': S__ �t. e\��-•3�C�t .3�` > tl st}. �. EO E ='.'Fa�.l - - 003947 LII' 1:0960050931: 00 10 3 40 6 9110 MINNEHAHA CREEK WATERSHED DIST 39471 MASTERPIECE HOMES,INC. DATE INVOICE NO. DE9GR INVOICE AMOUNT RETAINAGE DISCOUNT BALANCE 6-22-12 622124 125 TU ESCR01V 5000 . 00 . 00 . 00 5000 . 00 led. CHEC DA EK 6-22-12 NUHE K MBE 39471 5000 . 00 . 00 . 00 5000 . 00 AN Z�X412