HomeMy WebLinkAbout2010 - incomplete permit app. for MCWD Melanie Curtis
From: Catherine Bach [cbach@minnehahacreek.org]
Sent: Monday, October 18, 2010 4:05 PM
To: sonofacarpenter@citescape.com
Cc: lafondfamily@citescape.com; nicolevanpatten@yahoo.com; Melanie Curtis
Subject: 2875 Wear Circle, Orono
Attachments: image001.png; 10-310_Incomplete.pdf; 10-310_Declaration memo.pdf; 10-310_declaration
template.doc
Hi Joshua,
Per our phone conversation today, please see the following attached documents:
• Letter regarding the incomplete status of the permit application (with missing items listed)
• Memo clarifying how to prepare and record the Declaration for preservation of the required wetland buffer
• Declaration template
Please let me know if you have any questions.
Thanks,
Catherine Bach
District Technician
Minnehaha Creek Watershed District
18202 Minnetonka Boulevard
Deephaven, MN 55391
(952)471-0590 x226
www.minnehahacreek.org
MINNEHAHA CREEK
WATERSHED DISTRICT
BA Think Green - please do not print this email unless necessary
1
MINNEHAHA CREEK WATERSHED DISTRICT
QUALITY OF WATER QUALITY OF LIFE
October 18, 2010
Mike and Nicole Van Patten
The Minnehoho Creek Sharron Guimond
2900 Watertown Road
Watershed District is Orono, MN 55356
committed to a Son of A Carpenter, Inc.
leadership role in Attn:Joshua LaFond
1758 Ihrig Ave SE
protecting, improving Buffalo, MN 55313
and managing the
RE: MCWD Permit Application#10-310: 2875 Wear Circle, Orono
surface waters and
affiliated groundwater Dear Applicant/Representative,
resources within the Your application for the construction of a single family home at 2875 Wear Circle in
District, including their Orono was received on October 12, 2010. It is currently incomplete. Please submit
the following items to complete the application:
relationships to the
ecosystems of which they _ $10 Permit Application Fee—payable by check($100 after-the-fact fee has
been waived)
are an integral part.
We achieve our mission Revised plan showing the required 30' wetland buffer adjacent to the wetland
through regulation, boundary indicated on the plan set(*Note: If the wetland buffer area is going to be
disturbed by grading, a wetland buffer planting plan, maintenance plan, and
capital projects, monitoring plan will be required)
education, cooperative
Recorded Declaration for the wetland buffer on site (see attached memo&
endeavors, and other template)
programs based on
Location of required wetland buffer signs (at each lot line where it crosses a
sound science, wetland buffer and where needed to indicate the contour of the buffer)
innovative thinking, an
informed and engaged Review of your application will commence once it is complete. Please contact me
with any questions at 952-471-0590 x226 or cbach@minnehahacreek.org.
constituency, and the
cost effective use of Sincerely,
public funds.
1111110041 AP -
Catherine Bach
District Technician
CC: Melanie Curtis, city of Orono
18202 Minnetonka Boulevard, Deephaven, MN 55391 • 952-471-0590 • Fax:952-471-0682 • www.minnehahacreek.org
•
MINNEHAHA CREEK ir WATERSHED DISTRICT
QUALITY OF WATER QUALITY OF LIFE
DATE: October 18, 2010
The Minnehaha Creek TO: Joshua LaFond, Son of A Carpenter, Inc.
Mike and Nicole Van Patten, property owners
Watershed District is Sharron Guimond, property owner
committed to a
FROM: Catherine Bach, Minnehaha Creek Watershed District(MCWD)
leadership role in
protecting, improving RE: Declaration for Permit application #10-310: 2875 Wear Circle, Orono
and managing the
surface waters and Please find enclosed a Draft Declaration for the above indicated permit application. This
affiliated groundwater document has 3 parts: the Declaration, Consent and Subordination, and Attachment A. All
three parts are required. Attachment A consists of a site plan, labeled "Attachment A",
resources within the with all buffers, stormwater facilities, or other areas where maintenance and preservation is
District, including their required clearly shown. In cases where there is no mortgage or additional owner or other
proprietary interest,the Consent and Subordination section of the document may be
relationships to the skipped. If there is a mortgage on the property,the Consent and Subordination section
ecosystems of which they should be completed by the Bank holding the mortgage.
are an integral part.
To correctly complete the Declaration and Consent and Subordination sections, fill in or
We achieve our mission address all areas with blanks or brackets [ ], and maintain the 3 inch margin at the top
through regulation, of the first page of the Declaration. Please keep in mind that all property owners must be
indicated within the body of the Declaration and must sign the Declaration.
capital projects,
education, cooperative We recommend that once completed,prior to signing/notarization, the Declaration be
returned to MCWD for review. After your Declaration has been reviewed by MCWD staff
endeavors, and other and deemed acceptable, it must then be signed, notarized, and recorded with Hennepin
programs based on County. When you take the document for recording, please ensure you take TWO original
sound science, copies. One copy will receive a barcode stamp and be handed back to you; this is your
proof of recording and can be submitted to MCWD via fax, email, mail or in person.
innovative thinking, an
informed and engaged If you have any questions during this process,please feel free to contact me at 952-471-
0590 x226 or cbach@minnehahacreek.org.
constituency, and the
cost effective use of
public funds.
18202 Minnetonka Boulevard, Deephaven, MN 55391 • 952-471-0590 • Fax:952-471-0682 • www.minnehahacreek.org
[maintain 3" top margin]
DECLARATION
THIS DECLARATION ("Declaration") is made this day of
, 200_, by , [marital status if individuals]
("Declarant").
RECITALS
WHEREAS, Declarant is the owner of real property within the City of
, County, Minnesota, platted and legally described as:
[Insert legal description]
(the "Property") and no one other than Declarant, [name additional parties
executing declaration of Consent and Subordination], has any right, title or
interest in the Property; and
WHEREAS, the Property constitutes the entirety of the land to which
Minnehaha Creek Watershed District Permit # applies; and
WHEREAS, Declarant desires to subject the Property to certain conditions
and restrictions imposed by the Minnehaha Creek Watershed District as a
condition to issuance of their Permit# for the mutual benefit of 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.
1. Wetland Buffer. The wetland buffer, measuring_feet in width at
all points surrounding the wetlands as delineated on the site plan
for the Property attached hereto and incorporated herein as
Attachment A, shall be maintained by Declarant 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 buffering flows
into the wetland.
2. 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
, 200 , by
Notary Public
This Instrument Was Drafted By:
Minnehaha Creek Watershed District
2
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
, 200_.
a Minnesota corporation
By:
Its:
[notary acknowledgement]
3
I
III 11111 1 III I II I II II
Doc No A9583986
Certified filed and/or recorded on
11/12/10 3:00 PM
Office of the County Recorder
'" Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Jill L. Alverson, County Auditor and Treasurer
Deputy 45 Pkg ID 668350
, ,,, Doc Name: Declaration
Document Recording Fee $46.00
' Win
sFF .
Attested Copy or Duplicate $2.00
'44;:,;..,!:: Original
Document Total $48.00
,,,,...;irt.--,,i--:- 1:!,:.,5',:':;•,
144
'4111113,,r'''.,:k;:,:i!iltl';'' ,i,:,,,,.:10'';'" 'kle.',,i.
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'14A
ff
This cover sheet is now a permanent part of the recorded document.
[maintain 3" top margin]
DECLARATION
THIS DECLARATION ("Declaration") is made this 4th day of
November,2010,by Michael and Nicole Van Patten and Sharon Guimond,
("Declarant").
RECITALS
WHEREAS,Declarant is the owner of real property within the City of
Orono, Hennepin County,Minnesota,platted and legally described as:
West 225ft of East 645 ft of S 415 3/10ft of Southeast 1/4 of
Southwest 1/4 ex road SE�-r 1 o N 33 , T w^'S�+IP
8 � RAN6£ 2�
(the"Property") and no one other than Declarant and USBank has any right, title
or interest in the Property;and
WHEREAS,the Property constitutes the entirety of the land to which
Minnehaha Creek Watershed District Permit # 10-310 applies;and
WHEREAS, Declarant desires to subject the Property to certain conditions
and restrictions imposed by the Minnehaha Creek Watershed District as a
condition to issuance of their Permit#10-310 for the mutual benefit of 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.
1
•
1. Wetland Buffer. The wetland buffer,measuring 30 feet in width at
all points surrounding the wetlands as delineated on the site plan
for the Property attached hereto and incorporated herein as
Attachment A, shall be maintained by Declarant 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 buffering flows
into the wetland.
2. 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: V,
By: tin frrrocucw
uNCu
[name and representative c acity, if
applicable]
3
STATE OF MINNESOTA)
)ss.
COUNTY OF Hennepin )
Liffi
NThe foregoing instrument was acknowledged before me this day of
ov toper , J by M Co d 9o" r°t t1\ rosea
AP"' Michacl VO4-1-Pc6.4
Sho,Q-ort Cly 1 Mond
;l P
Not ,�,.�[Public y y01f
This Instrument Was Drafted By: %, LYNN BALDY
IV,NOTARYPUBLIC-MINNESOTA
Minnehaha Creek Watershed District ,,tp Comm.Exp.Jan.31,2012
dwwkows
x$202 �
v ,Mv -Y>k�
2
CERTIFICATE OF SURVEY FOR
MICHAEL & NICOLE VAN PATTEN
IN THE SW 1/4 OF SEC. 33-118-23
HENNEPIN COUNTY, MINNESOTA I
1 I n
ROLU`!G MEADOWS
FDD 1
( rr
12ND
✓
WEAR CIRCLE �\}>•
0
0 30 60 120
(r,., hy, 9LAa(TOP/ u
-\ /ROAOWAT I Iwf.,l I home) (mom .\mwl **MOO ��
yx" l89"22'01' E 225.00 —� SCALE IN FEET
\, A /� :�+ " .F� ! 'r,n \,L
PROPOSED ELEVATIONS : (VERIFY BUILDER/ARCHITECT)
I
/ / , / /.''-- / '�.�• Ia. / ! //� 1) Basement =1992.71
( / '/ / 7. I i/ 2) Lookout = 1995.91
/ i / itBB$\ yt1' Nrrys TI'y 4
1 / "' _ , 3) First floor =1100151
!' •
i/nom,, \y �u:�a� x /
:J.-I 1/ ®!j / _'.�- \ .'} 1� / / 4) Garage =11003.01
0 fD I / !• / PROPOSED! / I /
< /1 11 / / /,.'- I IX6VEWAYi 1 � I �--M�IISE I � _�I / 5) Top of foundation =I10032J
d-1 / /. / i \
ISTIWG
u'''As LEGAL DESCRPTION OF PREMISES
1 j4' 1 `SEPTICi 1 % i
1 + i 1 1 / The West 225.00 feet of the East 645.00 feet of
�} / ,the South 415.6 feet of the Southeast Quarter of
Cn �iir /PROPOSS '---'--,�r ,..,:-...e..-: 1 1 ; j the Southwest Quarter of Section 33, Township 118
USE I / North, Range 23 West of the 5th Principal Meridian.
Y
d / o• • ,v N.. 1 / / i/ o denotes iron marker
•‹. 1 u�. � / I
( J): denotes existing spot elevation, mean sea level datum
l A..WJ - �( -.10912--,...� � /
m . ...`+i�.7- ` 1:a, ® /,,..aa��44cd1�" j 1910.81: denotes proposed spot elevation, mean sea level datum
7 / i/ sEr \�/ r�` / » /
4Kr,7y // —s17--: denotes existing contour line, mean sea level datum
Z ./ �' 225.00 /J >I -X9041—: denotes proposed contour line, mean sea level datum
_I tero,, / " : Denotes proposed drainage direction
J ,f'"a ''r J 1
Q /19,41, , i' / Bearings shown ore based upon an assumed datum.
aUVEL Demean /
I TO BE eo4ovm ... I
1 \ a „> }_ ,te',,\ s 3I This survey shows the boundaries of the above described
I d'k: ti GARAGE / property, the location of four existing buildings, two of
Al) \rat: ""`"!i`i / them to be removed, trees, driveway, and topography, and
'' \ v4114' / the proposed location of a proposehouse ad rieay
row % / // �-thereon. It does not purport to show any other
C.3
I
, \ I 1'• 11/ / / improvements or encroachments.
�t tt
\ ' i } tome)____ ...,7-„/
/ / \x-982
_______LLJ \ I.IM 11 , / /
1lyyl �X
0 1.ALTERNAE ' I 'I ''''.1991 1/ 3 EAST L1E OF NO 1/4 OF."..t."
j
0 •I i 1 1 �{TNea� �' ,I SW 1/4 of SEG 33-118-21
al
ib 1 SEPTI 'l'r_.'. 1 �y"`�` .. \ 0
0 \\\ I I SITE-,:,few / /\� O
1 / /''_\
--�
__ \
•\ ,�, CC/ $ SOWN LINE OFT;1/4 OF t- — \qL 8 1 n
Rte'[ SW 1/4 OF SEG 33-116-Zi•� �k.
PF! _ �\_ *. �! ',BLACKTOP ROADWAY... ,
\\_• Poul ., -
E\ __4__
e22'00'
pt N 89 W 225.00 —'
1:1'''''!;., WATERTOWN ROAD �"' "°"
1S ttp tel --------------------------
" { f^" NOTE: ALL EXISTING BUILDINGS TO BE REMOVED UNLESS A CONDITIONAL
USE PERMIT ALOOWS THE SMALL GARAGE SOUTHEAST OF THE PROPOSED
444,y.;‘1 ,,. HOUSE TO REMAIN FOR SPECIFIC PURPOSES. THE WESTERN MOST DRIVEWAY
'IM¢ ,�.ewem.rl ACCESS WILL BE ABANDONED.
xt 9` 4 ..0,4 y a SCALE
A ,. 'k PA< 6LSOR1aR GRONBERG AND a°„a..„m,6t';ant this,9rre,.RR.that I a`Re &A
'{l'" �� rn.e . T'''''''''''''''''''"
ss rwm neusm r m 4w RRs uuwA, egiRter t C"v9;rect.
aM,- S,w"'antler the t•�,
1, . R.. _ �r� ASSOCIATES INC.
h ��'f��{�t�� s _ �>anc tw.,Ro.,, - ieRs t the 9tote f wx..Rla ,
tt h � s x('11+ emus 1 • .+-,.w ., ,o, CONSULTING ENGINEERS,LAND 2-10-10
x'' L '"?4,k011,•:'•'' a • SURVEYORS,&SITE PLANNERS
3 ?f L{f , ,( 445 NORTH WLLOW DRIVE
.to"n.
t. g�J 4�k dd LONG LAKE LPL 55356 10-029
t t {fid IG-02y gyp} �r}� fir,}i 952-473-4141 4rk S:Ramberg Mmrrsot l Nunbe 12755
�T NOV 01 2010
4.y 4M"N 'q i.
CONSENT AND SUBORDINATION
USBank a Minnesota corporation,the holder of a mortgage dated
May 14 , 2ni n , [filed for record with the County Recorder Hennepin County,
Minnesota onMay 14, 2010, as Document NoInstrumerhte Migents to the
recording of the attached Declaration and agrees that its rights in the property
affected by the Declaration shall be subordinated thereto.
U.S. Bank National Association
IN WITNESS WHEREOF, , a Minnesota corporation,has caused
this Consent and Subordination to be executed this 10th day of N o v emb e r
200 2010
U.S. Bank N.A.
a Minnesota corporation
`_
Its: Vice Pre's��1 of U.S. Bank N.A.
[notary acknowledgement]
STATE OF WISCONSIN
COUNTY OF WAUKESHA
The foregoing instrument was acknowledged before me this 10th day of
November, 2010 by Mary Jo Mews.
y blic
r1y .c)(f);,:t.5
3
Melanie Curtis
From: Joshua LaFond [sonofacarpenter@citescape.com]
Sent: Thursday, October 28, 2010 2:05 PM
To: 'Catherine Bach'; eevenson@minnehahacreek.org
Cc: nicolevanpatten@yahoo.com; Melanie Curtis
Subject: RE: 2875 Wear Circle, Orono
To: Catherine Bach
District Technician
Minnehaha Creek Watershed District
18202 Minnetonka Boulevard
Deephaven, MN 55391
(952)471-0590 x226
www.minnehahacreek.org
From:Joshua M. La Fond
Owner and General Contractor
Son of A Carpenter, Inc.
763.228.5407 cell
www.sonofacarpenter.net
RE: Declaration for Permit application #10-310: 2875 Wear Circle, Orono
Thank you for contacting me recommending several documents for consideration. I appreciate your concern for the
district in which you work. After reviewing all the documents, I have done all I can to make accommodations for your
requests to be met. Below is a brief of progress thus far.
The application the Minnehaha Creek Watershed District required for the construction of a single family home at
2875 Wear Circle in Orono was confirmed as received by you on October 12, 2010. It is currently incomplete
pending further requirement detailed here below. I understand submission of the following items is needed to
complete the application:
1. $10 Permit Application Fee—payable by check($100 after-the-fact fee has been waived)
2. Revised plan showing the required 30' wetland buffer adjacent to the wetland boundary indicated on the plan
set (*Note: If the wetland buffer area is going to be disturbed by grading, a wetland buffer planting plan,
maintenance plan, and monitoring plan will be required)
3. Recorded Declaration for the wetland buffer on site (see attached memo&template)
4. Location of required wetland buffer signs (at each lot line where it crosses a wetland buffer and where
needed to indicate the contour of the buffer)
Item #1: A check has been written and is clipped to the application papers. The check will be mailed with the
papers you have requested. Thank you for waiving after the fact fees, as we were informed there was previously no
need to place an application with the Minnehaha Creek Watershed District.
Item #2: The survey company which has worked this property is presently processing a modification of the survey
plan to be in agreement with your request, namely, that the wetland buffer be changed from 25 feet to 30 feet. This
process takes time and scheduling, and the survey company confirmed with me today via phone conversation that the
modifications will be completed today (Thursday, October 28, 2010) or tomorrow (Friday, October 29, 2010). Once
this modification is made and submitted to me I will then need to pass it along to you and update that file with the
city of Orono.
1
Item #3: The Recorded Declaration for the wetland buffer on site statement which you required is a statement which
the client is uncomfortable signing at this time. The document uses language such as "perpetuity" and"whereas the
Property constitutes the entirety of the land to which Minnehaha Creek Watershed District Permit#10-310 applies"
the client legally would be bound forever more to yield the entirety of their property to the Watershed District's
wishes, rules, regulations even should they change. Therefore the client will need to submit the document for
consideration to a legal counsel. The same will hold true for Son of A Carpenter, Inc. as I am unable to represent the
client legally and sign for them concerning the perpetuity of their own property. The entirety of the documents thus
far required of the District by Son of A Carpenter, Inc. are submitted and under review by a legal counsel for
clarification of what paths Son of A Carpenter, Inc, may legally pursue on behalf of the client.
Item#3: Likewise, since there is a mortgage on the proposed property,the mortgage holder for the property has
expressed they have never signed nor will they sign a document which grants first lien rights or any first right on the
proposed property to anyone other than the mortgage holder. The document"CONSENT AND
SUBORDINATION" states the mortgage holder"agrees that its rights in the property affected by the Declaration
shall be subordinated thereto" (that is, to the requirements of the Minnehaha Creek Watershed District's Rules and
Requirements would legally take precedence over even the mortgage holders rights to first lien holder). The
mortgage originator indicated the mortgage holder will likely not sign such a statement, but the forms have all been
submitted to the mortgage servicing department for the subject mortgage holder to review and deny and/or approve.
I would expect as they review the documents they will respond accordingly.
I have a site survey and plan which applies to the site, but you have indicated an additional site plan. Your note of
"Attachment A" has not been received by me so I am unable to verify what items you may have set out further for
the property in question, as you stated that of"...all buffers, stormwater facilities, or other areas where maintenance
and preservation is required clearly shown". Since I have not received this alternate plan I cannot comment on the
content thereof.
After the Declaration has been reviewed by all parties, including the MCWD staff and deemed acceptable, it will
then be signed, notarized, and recorded with Hennepin County if this is the legal requirement the proper authorities
determine is proper.
Additionally, I am still awaiting the results of my request to the Minnehaha Creek Watershed District for an apology
to be made to me and the site for the ridiculous, embarrassing, and terrible treatment by the unidentified intern who
amplified absolutely unprofessional and unofficial behavior supposedly in the name of the Minnehaha Creek
Watershed District. Allow me to remind you that he had no proper identification on his person, had no business
cards, had no District identified vehicle parked within view of the residence to verify his authenticity, entered the
residence without asking or being granted permission, and otherwise compromised the safety of the site by his
presence as a violent stranger employing demanding and forceful language including vulgarity, name calling, and
psychological manipulation while yelling at me and implying I was lying to him as to whether the site had applied
for a permit from the District. His presentation of himself on the site from the start identified him as a clear and
present threat, especially as he had no identification to prove his identity. Everything about him held him as a posing
agent of supposed official business, especially when he demanded, while refusing to give his name, the personal and
business information of myself, and private information of the client.
I am doing all in my power to ensure that all parties are being served well through this process and appreciate your
patience as I act as a go between of several cross-firing agents. I am sure you would like to process the application
as soon as you are able, and I would very much like to be through with this process. Regrettably, out of deference to
the property owners and mortgage lender and out of respect for the client's privacy and expressed best interests, I am
unable to submit the entirety of the documents you have requested thus far.
Thank you, Catherine, for your good work and professionalism thus far, and I hope we can continue to make
progress in the coming days.
2
Sincerely,
Joshua M. LaFond
From: Catherine Bach [mailto:cbach@minnehahacreek.org]
Sent: Monday, October 18, 2010 4:05 PM
To: sonofacarpenter@citescape.com
Cc: lafondfamily@citescape.com; nicolevanpatten@yahoo.com; Melanie Curtis
Subject: 2875 Wear Circle, Orono
Hi Joshua,
Per our phone conversation today, please see the following attached documents:
• Letter regarding the incomplete status of the permit application (with missing items listed)
• Memo clarifying how to prepare and record the Declaration for preservation of the required wetland buffer
• Declaration template
Please let me know if you have any questions.
Thanks,
Catherine Bach
District Technician
Minnehaha Creek Watershed District
18202 Minnetonka Boulevard
Deephaven, MN 55391
(952)471-0590 x226
www.minnehahacreek.org
IF
MINNEHAHA CREEK
WATERSHED DISTRICT
EA Think Green- please do not print this email unless necessary
3
MINNEHAHA CREEK WATERSHED DISTRICT
QUALITY OF WATER -• QUALITY OF LIFE
EROSION CONTROL INSPECTION REPORT
DATE: October 21, 2010
TO: Joshua LaFond, Son of a Carpenter
FROM: Derek Ingvalson, District Representative
RE: 2875 Wear Circle, Orono
The Minnehaha Creek Watershed District(MCWD) inspected your site for compliance with the MCWD permit
requirements today, October 21, 2010. The following was observed and recorded:
• The site does not yet have a permit. Please submit the necessary information that has been requested for the
permitting process by Friday, October 29, 2010.
• The perimeter control on site was insufficient. Perimeter control is needed in all areas down gradient of the
exposed soils. These areas appear to be to the west and north (between the ditch and exposed soils) of the
construction site. The installation of the perimeter control is required by 4:30 PM on Monday, October 25,
2010.
• The ditch checks seem to have caught a significant amount of sediment. Before the perimeter control and
ditch checks are taken out, the sediment must be removed and the area permanently stabilized.
To avoid formal enforcement action from the Minnehaha Creek Watershed District, such as inspection fees and a
"stop-work order," please implement the above mentioned corrections. Thank you for your immediate attention to this
matter. If you have any questions feel free to contact me at(952)471-0590 x211 or by email at
DIngvalson@minnehahacreek.org.
Sincerely,
Derek Ingvalson
District Representative
STOP-WORK ORDER
Under Authority of Minnesota Statutes§ 103D.341 and MCWD Rule H,Park.3
Minnehaha Creek Watershed District
18202 Minnetonka Boulevard,Deephaven,MN 55391
5 t1 pccoN IZ?cL 4%4,00.0-mPhone(952)471-0590 Fax(952)471-0682
Property Owner: taWkikic-L t J CA►-£— JA-WA17Sf✓ Permit Holder/Applicant: "JP's'11?c'TTEW
Project Address: Z--71 S \")e...04507.._ L i fL
Permit Application No.: -3 t 0 Permit Issued: ❑ Yes ilik,No
Contractor: 5c7N/ Q P Pr (.AF-rei JrE.(- I NC-
Date and Time: 8 C ISSECt.— '1-`% t 'Ls 0 I:30 r.�.
Activity: 57[N'61%--6,. IA,'• E-
ORDER ISSUED TO:
The following apparent violations have been observed by MCWD staff:
Statute/Rule/
Permit/Other Description
1. 17?-6C- ►Ac \rJZ*-\ Ni&t W k- "elc:5 S
2. 61E05tonJ 037‘JT?-Gt-
3.WtTLcrNp ??.6 TS-a\3-1\/
You hereby are ordered to take the following actions to come into compliance with the above requirements:
Required Date/
Action Time of Compliance
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This Stop-Work Order will expire ten days from this date or when superseded by further order of the MCWD Board of Managers,whichever occurs
first.Failure to comply with this Stop-Work Order is a civil violation and a criminal misdemeanor.
The matters alleged in this Order will be heard by the Board on 1-3-C) ,at PM,at the following location:
at that time you may address the Board,be represented by an attorney and present evidence or witnesses in your behalf.
(If no time is indicated,you will be advised of the date,time and location of the hearing via the address and telephone/telefax numbers listed below.)
After hearing,the Board may dismiss this Order,extend the Order,direct that you act to remedy further violations found by the Board,or initiate civil
or criminal proceedings by authority of Minn.Stat.§103D.545.The listing of violations above does not prevent MCWD of the Board of Managers
from finding additional or other violations on the basis of the evidence presented.
Your compliance with this Order is required pending the indicated Board hearing.The timeliness and completeness of your compliance may be
considered by the Board in deciding on further appropriate action.
Pursuant to MCWD Rule J.Par.2,you will be liable for all costs incurred by the MCWD in obtaining and monitoring your compliance with this
Order,including consultants'costs and attorneys'fees.If you do not complete the actions ordered above by the indicated deadlines,the MCWD itself
my act to remedy the noncompliance and recover the costs of its action,including attorneys'fees,from you or your surety.
This Order does not affect the ability of any other federal,state or local body of government to take enforcement action against you pursuant to its
own laws and regulations.
ISSUED BY: DELIVERED BY:
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N o litle(Print) OFft La-0- Name/Title(Print)
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Si: r- Signature
Your signature below indicates only that you received this Order.Your signature does not constitute an admissiu 1 of any kind with respect to the
apparent violations listed above.
RECEIVED BY:
Name/Representing/Title(Print) Signature
Address: Telephone: Telefax:
Melanie Curtis
From: Steve Christopher[SChristopher@minnehahacreek.org]
Sent: Friday, October 29, 2010 1:48 PM
To: sonofacarpenter@citescape.com
Cc: Catherine Bach; Luke Schwitzer; Melanie Curtis; Derek Ingvalson
Subject: RE: 2875 Wear Circle, Orono
Attachments: Inspection Letter.pdf; 10-310_SWO_102910.pdf
Joshua,
I think that it's really unfortunate that you were provided misinformation about my availability for review of application
materials as I had both an out of office message on my voicemail and email stating that I would only be away for
October 27th and 28th at a conference.
The following items for the permit application are still outstanding:
1. $10 Permit Application Fee—payable by check($100 after-the-fact fee has been waived)
2. Revised plan showing the required 30' wetland buffer adjacent to the wetland boundary indicated on the
plan set (*Note: If the wetland buffer area is going to be disturbed by grading, a wetland buffer planting
plan, maintenance plan, and monitoring plan will be required)
3. Recorded Declaration for the wetland buffer on site (see attached memo&template)
4. Location of required wetland buffer signs (at each lot line where it crosses a wetland buffer and where
needed to indicate the contour of the buffer)
The notification that a permit was required was made on Thursday September 30th following an inspection by Catherine
Bach. Due to the application remaining incomplete since this time, a Stop-Work Order is being issued and is effective
immediately for all activities on site (except for the maintenance of erosion and sediment control measures).
Recorded declarations are part of all District permits requiring stormwater facilities and wetland buffers and require
them to be placed on the property to ensure that they are properly maintained. Additionally, the Consent and
Subordination is in place in the event that there is a mortgage on the property, we can enforce the District regulations.
Once all permit application matters are met, then we will issue the permit and work can begin again.
Steve Christopher
Regulatory Program Manager
18202 Minnetonka Blvd.
Deephaven, MN 55391
Direct: 952-641-4506
Office: 952-471-0590
Fax: 952-471-0682
www.minnehahacreek.orq
MINNEHAHA CREEK
WATERSt+ED DISTRICT
1
From: Joshua LaFond [mailto:sonofacarpenter@citescape.com]
Sent: Thursday, October 28, 2010 2:54 PM
To: Catherine Bach; Eric Evenson
Cc: nicolevanpatten@yahoo.com; 'Melanie Curtis'
Subject: RE: 2875 Wear Circle, Orono
Concerning the Van Patten residence in Orono, MN, I have just received another response from the lender's loan
representative. Evidently, due to the nature of the content of the form entitled Consent and Subordination, I have been
informed the documents have been submitted to the lender's legal department.
I was also informed that the department manager is out of the office until next week Tuesday, November 2, 2010. Any
final decisions regarding this issue will be stalled until after the return and review of this manager. I will keep you
posted on the progress as it unfolds.
Sincerely,
Joshua
From:Joshua La Fond [mailto:sonofacarpenter@citescape.com]
Sent:Thursday, October 28, 2010 2:05 PM
To: 'Catherine Bach'; 'eevenson@minnehahacreek.org'
Cc: 'nicolevanpatten@yahoo.com'; 'Melanie Curtis'
Subject: RE: 2875 Wear Circle, Orono
To: Catherine Bach
District Technician
Minnehaha Creek Watershed District
18202 Minnetonka Boulevard
Deephaven, MN 55391
(952)471-0590 x226
www.minnehahacreek.org
From:Joshua M. LaFond
Owner and General Contractor
Son of A Carpenter, Inc.
763.228.5407 cell
www.sonofacarpenter.net
RE: Declaration for Permit application #10-310: 2875 Wear Circle, Orono
Thank you for contacting me recommending several documents for consideration. I appreciate your concern for the
district in which you work. After reviewing all the documents, I have done all I can to make accommodations for your
requests to be met. Below is a brief of progress thus far.
The application the Minnehaha Creek Watershed District required for the construction of a single family home at
2875 Wear Circle in Orono was confirmed as received by you on October 12, 2010. It is currently incomplete
pending further requirement detailed here below. I understand submission of the following items is needed to
complete the application:
1. $10 Permit Application Fee—payable by check($100 after-the-fact fee has been waived)
2
2. Revised plan showing the required 30' wetland buffer adjacent to the wetland boundary indicated on the
plan set(*Note: If the wetland buffer area is going to be disturbed by grading, a wetland buffer planting plan,
maintenance plan, and monitoring plan will be required)
3. Recorded Declaration for the wetland buffer on site (see attached memo&template)
4. Location of required wetland buffer signs (at each lot line where it crosses a wetland buffer and where
needed to indicate the contour of the buffer)
Item#1: A check has been written and is clipped to the application papers. The check will be mailed with the
papers you have requested. Thank you for waiving after the fact fees,as we were informed there was previously no
need to place an application with the Minnehaha Creek Watershed District.
Item#2: The survey company which has worked this property is presently processing a modification of the survey
plan to be in agreement with your request, namely, that the wetland buffer be changed from 25 feet to 30 feet. This
process takes time and scheduling, and the survey company confirmed with me today via phone conversation that the
modifications will be completed today (Thursday, October 28, 2010) or tomorrow(Friday, October 29, 2010). Once
this modification is made and submitted to me I will then need to pass it along to you and update that file with the
city of Orono.
Item #3: The Recorded Declaration for the wetland buffer on site statement which you required is a statement which
the client is uncomfortable signing at this time. The document uses language such as"perpetuity" and "whereas the
Property constitutes the entirety of the land to which Minnehaha Creek Watershed District Permit#10-310 applies"
the client legally would be bound forever more to yield the entirety of their property to the Watershed District's
wishes, rules, regulations even should they change. Therefore the client will need to submit the document for
consideration to a legal counsel. The same will hold true for Son of A Carpenter, Inc. as I am unable to represent the
client legally and sign for them concerning the perpetuity of their own property. The entirety of the documents thus
far required of the District by Son of A Carpenter, Inc. are submitted and under review by a legal counsel for
clarification of what paths Son of A Carpenter, Inc, may legally pursue on behalf of the client.
Item#3: Likewise, since there is a mortgage on the proposed property,the mortgage holder for the property has
expressed they have never signed nor will they sign a document which grants first lien rights or any first right on the
proposed property to anyone other than the mortgage holder. The document"CONSENT AND
SUBORDINATION" states the mortgage holder"agrees that its rights in the property affected by the Declaration
shall be subordinated thereto" (that is, to the requirements of the Minnehaha Creek Watershed District's Rules and
Requirements would legally take precedence over even the mortgage holders rights to first lien holder). The
mortgage originator indicated the mortgage holder will likely not sign such a statement, but the forms have all been
submitted to the mortgage servicing department for the subject mortgage holder to review and deny and/or approve.
I would expect as they review the documents they will respond accordingly.
I have a site survey and plan which applies to the site, but you have indicated an additional site plan. Your note of
"Attachment A" has not been received by me so I am unable to verify what items you may have set out further for
the property in question, as you stated that of"...all buffers, stormwater facilities, or other areas where maintenance
and preservation is required clearly shown". Since I have not received this alternate plan I cannot comment on the
content thereof.
After the Declaration has been reviewed by all parties, including the MCWD staff and deemed acceptable, it will
then be signed, notarized, and recorded with Hennepin County if this is the legal requirement the proper authorities
determine is proper.
Additionally, I am still awaiting the results of my request to the Minnehaha Creek Watershed District for an apology
to be made to me and the site for the ridiculous, embarrassing, and terrible treatment by the unidentified intern who
amplified absolutely unprofessional and unofficial behavior supposedly in the name of the Minnehaha Creek
3
Watershed District. Allow me to remind you that he had no proper identification on his person, had no business
cards, had no District identified vehicle parked within view of the residence to verify his authenticity, entered the
residence without asking or being granted permission, and otherwise compromised the safety of the site by his
presence as a violent stranger employing demanding and forceful language including vulgarity, name calling, and
psychological manipulation while yelling at me and implying I was lying to him as to whether the site had applied
for a permit from the District. His presentation of himself on the site from the start identified him as a clear and
present threat, especially as he had no identification to prove his identity. Everything about him held him as a posing
agent of supposed official business, especially when he demanded, while refusing to give his name,the personal and
business information of myself, and private information of the client.
I am doing all in my power to ensure that all parties are being served well through this process and appreciate your
patience as I act as a go between of several cross-firing agents. I am sure you would like to process the application
as soon as you are able, and I would very much like to be through with this process. Regrettably, out of deference to
the property owners and mortgage lender and out of respect for the client's privacy and expressed best interests, I am
unable to submit the entirety of the documents you have requested thus far.
Thank you, Catherine, for your good work and professionalism thus far, and I hope we can continue to make
progress in the coming days.
Sincerely,
Joshua M. LaFond
From: Catherine Bach [mailto:cbach@minnehahacreek.org]
Sent: Monday,October 18, 2010 4:05 PM
To: sonofacarpenter@citescape.com
Cc: lafondfamily@citescape.com; nicolevanpatten@yahoo.com; Melanie Curtis
Subject: 2875 Wear Circle, Orono
Hi Joshua,
Per our phone conversation today, please see the following attached documents:
• Letter regarding the incomplete status of the permit application (with missing items listed)
• Memo clarifying how to prepare and record the Declaration for preservation of the required wetland buffer
• Declaration template
Please let me know if you have any questions.
Thanks,
Catherine Bach
District Technician
Minnehaha Creek Watershed District
18202 Minnetonka Boulevard
Deephaven, MN 55391
(952)471-0590 x226
www.minnehahacreek.org
4
MINNEHAHA CREEK
WATERSHED DISTRICT
IA Think Green- please do not print this email unless necessary
5
Melanie Curtis
From: Catherine Bach [cbach@minnehahacreek.org]
Sent: Monday, November 15, 2010 1:56 PM
To: sonofacarpenter@citescape.com
Cc: nicolevanpatten@yahoo.com; Steve Christopher; Melanie Curtis
Subject: Permit Status-2875 Wear Circle, Orono
Attachments: image001.png
Hi Joshua,
All of the requested materials have been received in order to complete the permit application for the project at 2875
Wear Circle in Orono. The permit has been issued and is in the mail. The Stop Work Order issued on October 29, 2010 is
no longer in effect, and all work on site may resume. Please let me know if you have any questions.
Catherine Bach
District Technician
Minnehaha Creek Watershed District
18202 Minnetonka Boulevard
Deephaven, MN 55391
Direct: (952) 641-4504
Main Office: (952)471-0590
www.minnehahacreek.org
I IF
MINNEHAHA CREEK
WATERSHED DISTRICT
RA Think Green- please do not print this email unless necessary
i
Melanie Curtis
From: Nicole Van Patten [nicolevanpatten@yahoo.com]
Sent: Tuesday, November 02, 2010 4:04 PM
To: Melanie Curtis
Subject: Fw: 2875 Wear Cir
Attachments: image001.png
Melanie,
FYI...see below. I noticed you weren't cc'd in on the e-mail. We are working with USBank to have them sign
the documents, but it is a nightmare trying to contact them.
Hoping you had a fabulous Halloween with your little girl!
-Nicole
Forwarded Message ----
From: Luke Schwitzer <LSchwitzer@minnehahacreek.orq>
To: Nicole Van Patten <nicolevanpatten@yahoo.com>
Cc: "sonofacarpenter@citescape.com" <sonofacarpenter@citescape.com>; Steve Christopher
<SChristopher@minnehahacreek.orq>
Sent: Tue, November 2, 2010 2:16:42 PM
Subject: 2875 Wear Cir
Nicole,
It has become clear that there are challenges to acquiring the required permit materials that are beyond your
control as property owner. Due to these challenges, the Minnehaha Creek Watershed District (MCWD) is lifting
the Stop Work Order to allow certain work to take place as needed at 2875 Wear Circle. Please let this email
serve as written notice that MCWD authorizes any and all work to place within the footprint of the new and old
home on the property. If there is any proposed site work to take place beyond the maintenance of erosion and
sediment control BMPs, please contact me with details of the work in order to acquire specific authorization.
Per our phone conversation this afternoon, you mentioned the proposed work of installing an asphalt driveway.
MCWD will authorize this work to place provided street sweeping takes place regularly per MCWD erosion and
sediment control regulations. Beyond that, please call if you have any questions regarding proposed site work.
In addition, please ensure that all erosion and sediment control BMPs are maintained in functioning order.
Please call if you have any questions.
Luke Schwitzer
MCWD Compliance Officer
18202 Minnetonka Blvd.
Deephaven, MN 55391
*MCWD has installed a new phone system. Please note new direct line.
Direct: 952-641-4505
Office: 952-471-0590
www.minnehahacreek.orq
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