HomeMy WebLinkAbout10-21-2004 - illegal fill 1. 04p
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CITY of ORONO
Municipal Offices
�� G~ Street Address: Mailing Address:
t`9JfE$K0,- 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
CRAIG SCHERBER
1006 WILDHURST TR
MOUND MN 55364
October 21, 2004
Dear Mr. Scherber:
This letter is regarding the fill that was illegally put in on your property at 1006
Wildhurst Trail. Orono code does not allow filling within 0-75'from the lake, within 26
feet of a wetland or in a floodplain. A recent inspection revealed that you filled within
the wetland setback, within 75 feet of Lake Minnetonka and in a floodplain. We are also
working with the Minnehaha Creek Watershed District on getting this violation settled.
Orono is requiring you to remove all fill that is in violation of Orono's Ordinances
before the ground freezes this fall. After the fill has been removed you are to return the
area back to what it looked like before the fill was added. If the above issues are not
resolved before the ground freezes we will be forced to turn this matter over to the city
attorney.
If you have any questions please give me a call at 952-249-4600.
Sincerely,
Matt Bolterman
Orono Inspector
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
J1JN-06-2005 09:09 P.02/03
Millilehaha Creek k„ ; Watershed District
Improving Quality of Water, Quality of Life
Established in 1967
Pursuant to Minnesota Statutes Chapter 103D, and on the basis of statements
The Minnettaha Creek and information contained in the permit application, correspondence, plans,
Watershed District is maps, and all other supporting data submitted by the applicant, and made a part
hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant
committed to a named below for use and development of land in the Minnehaha Creek
leadership role in
Watershed District.
protecting,improving,
and managing the Issued to: Craig Scherber Permit No:05-115
surface waters and Location: 1006 Wildhurst Trail, Orono
affiliated groundwater Purpose: Rule B: Erosion Control, Rule C: Floodplain Alteration, Rule D:
resources within the Wetland Protection
District,including their Date of Issuance: 05/31/05 Date of Expiration: 05/31/06
relationships to the
By Order of the Board of Managers
ecosystems of which they
are an integral part,
e se Car son
through regulation, District Technician
capital projects, This permit is not transferable without District approval, and is valid to the date of
education,cooperative 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
endeavors,and other permit must be received by the District at least 30 days before expiration.
programs based on
The applicant is responsible for compliance with all District Rules and for the
sound science, action of their representatives, contractors, and employees.
innovative thinking,an
Conditions: Project to be completed as described in plans submitted to the
informed and engaged MCWD office on May 13, 2005 according to the provisions of this
permit.
constituency,and the • Properly install and maintain all required MCWD Rule B,
effective use ofpublic • ' ' ” eros on control measures-untththgztrstartsedareas are.... . ... ... . . .. . ...
restabilized
finds. • Silt fence must be orange in color
• When the site is restablilized and the MCWD staff has
performed a final inspection, all silt fences must be removed
(Statement concerning fees for inspections, violations, etc... on reverse)
18202 Minnetonka Boulevard,Deephaven Minnesota 55391 • Phone:952.471.0590 • Fax 952-471-0652 • www.minnehahacreek.org
DE.0-15-2404 16 42 P.02/04
Minnehaha Creek Watershed District
Improving Quality of Water, Quality ofLife
Established in 1967
Mail: December 15, 2004
18202 Minnetonka Blvd, Craig Scherber
Deephaven,MN 55391 1006 Wildhurst Trail
Orono, MN 55364
Phone:(952)4710590
Fax:(952)471-0882 Re: 1006 Wildhurst Trail, Orono
Dear Mr. Scherber:
Email: As per the boards violation committee meeting a permit will need to be applied for which will fall
admin@minnehahacreek.org under the Minnehaha Creek Watershed District(MCWD) permitting requirements.
Web Site: Per a recent Rule A amendment and Board resolution to allow staff to issue all permits except those
www.minnehahacreek.org applications where a variance or an exception to a Rule is requested under Rule I, according to the
preliminary review of staff the proposed project will not require the approval of the MCWD Board of
Managers. Public notification required under Rule A to all property owners within 600 feet of the
subject parcel where the project is to occur is still required. The public notice will have a comment
period of 14 days. At the end of the comment period and after staff has determined the permit
application to be complete, in compliance with all rules which apply to the project, the permit will be
Board of Managers approved. Upon the District approval of your permit you will receive written notice that the permit was
approved which may include conditions of the approval that will need to be complete prior to the
Pamela Blixt permit being issued. Permit conditions include but are not limited to the reimbursement of mailing
cost, reimbursement of costs for district staff and engineering services, and the submittal of a
James Calkins declaration for the preservation of wetland buffers and/or stormwater facility maintenance where
Lance Fisher applicable.
Susan Goetz To obtain an MCWD permit please submit the following information:
Richard Miller
Rule A: Procedural Requirements:
Ethel Smith • Submit mailing labels from certified from Hennepin/Carver County for all properties 600 feet
Scott Thomas from your project for public notice of your project (Henn, Co. 612-348-5910, Carver Co. 952-
361-1549)
(mailing labels are not required if all fill is removed from the pre-fill 100 year floodplain)
Rule B; Erosion Control
• Submit a site plan with the following information
o Site property lines
o Existing (pre-fill condition) and proposed grading contours sufficient to show site
drainage (two-foot contours are preferred)
o Location of the pre-fill 100 year floodplain contour(889 feet above sea level)
o Location of building and structures on the site
o Proposed grading or other land disturbing activity(of pre-fill conditions) including
areas of grubbing , clearing, tree removal, grading, excavation, fill and other
disturbance; areas of soil or earth removed placed stored on site; and delineated
limits of disturbance on the site
o Location of proposed run off control, erosion prevention, sediment control and
temporary and permanent soil stabilization measures
o Locations of stock piles of soil and erosion control from wind and rain for the stock
pile
o Plans for minimization of soil compaction and decompaction of soil up to a depth of
at least six inches before revegetation
• DEC-15-2204 16 42 P.03/04
Minnehaha Creek eWatershed District
Improving Quality of Water, Quality of Life
Established in 1967
Mail: o Detailed schedule Indicating dates and sequence of land alteration activities,
implementation, maintenance and removal of erosion and sedimentation control
18202 Minnetonka Blvd. measures and permanent site stabilization measures
Deephaven,MN 55391
Rule C: Floodplain Alteration (Options to Resolve Floodplain FM Violation)
Phone:(952)471-0590 Option 1
Fax;(952)471 0662 •
Remove all fill below the pre-fill location of the 100 year floodplain elevation of 931.5
Option 2
• Provide the pre-fill location of the 100 year floodplain defined at an elevation of 931.5 feet
Email: above sea leave)
• There shall be no net loss of volume within the 100 year floodplain
admin@minnshahacreek.org o Calculations of flood storage impacts and creation must be provided and based on
Web Site: changes from pre-fill conditions.
o Locations of floodplain fill and mitigation must be shown on all plans with
www.minnehahacreek.org corresponding cut and fill calculations.
• The lowest opening of any new structure shall be at least 2 feet higher then the 100 year
floodplain of 931.5 feet above sea level.
Rule D: Wetland Protection
• Provide a wetland determination/delineation of all wetlands on the subject property including
those areas, which have been filled
Board of Managers • Remove all fill from the wetland on the along the east side of the house
• Calculate the amount of impact along the lakeshore to ensure it is under the allowed 400
Pamela Blixt square feet for de minimis as per the WCA Rules Chapter 8420.0122 subpart 9
James Calkins • Buffers must be proposed around all wetlands in accordance with Rule D and shall be based
off of the size of the wetland basin:
Lance Fisher o 0 -1 acre = 16.5 feet
Susan Goetz o 1 —2.5 acres = 20 feet
o 2.5—5 acres = 25 feet
Richard Miller o >5 acres = 35 feet
Ethel Smith Rule J: Fees Charged In Certain Cases
• Pay all Rule J fees as associated with staff review, will be required to be payed prior to
Scott Thomas permit issuance
Rule K: Surety for Wetland Alteration and Floodplain Fill
• Submit a surety in the amount of$5,000.00
In order to resolve this matter within a reasonable a timely fashion the items indicated above will
need to be submitted within the following time frame:
• Submit materials for MCWD Rules B and K no later than January 5, 2004
• Submit materials for MCWD Rules C and D no later than April 20, 2005
• MCWD Rule J and submitting a declaration for the preservation of wetland buffers as per
Rule D will be required prior to permit issuance
The following is the summary of the MCWD Board of Managers Minutes where this matter was heard
at the violations committee meeting and later discussed and voted on at the MCWD Board of
Managers meeting on October 28, 2004.
It was moved by Manager Miller, seconded by Manager Keeley, that the Board of Managers finds a
violation of MCWD Rules B (erosion control); Rule C (floodplain alteration; and Rule D and the
Wetland Conservation Act as set forth in the staff violation report dated October 28, 2004; and that
Mr. Scherber be ordered: to install emergency/temporary erosion protection including silt fence no
later than 5:00 p.m. on Monday, November 1; to prepare a complete erosion control plan meeting the
District Rules and providing for stabilization of the site for the winter season and submit this plan to
C:\Documents and Settings\jcarlson\Local Settings\Temporary Internet Piles\OLIC26\1006 Wildhurst Trnil_conditions to resolve.doc
DEC-15-2 04 16:42 P.04/e4
ilinnehaha Creek Watershed District
Improving Quality of Water, Quality of Life
Established in 1967
Mall: the District staff no later than 5:00 p.m. Monday, November 8;to complete installation of erosion
control pursuant to this plan no later than 5:00 p.m. Monday, November 15; to submit a completed
18202 Minnetonka Blvd, permit application that, in addition to the erosion control described above, includes a floodplain
Deephaven,MN 55391 alteration/mitigation plan; wetland delineation and identification of buffers; to post a surety in a form
satisfactory to the District in the amount of$5,000; to pay all assessed violation costs incurred by the
Phone:(952)471-0590 District pursuant to Rule J; and further that the Stop Work Order remain in effect for all activity
Fax:(952)471-0682 regulated by the District, other than the erosion control measures described above, pending approval
of a District permit application. Upon vote, the motion carried.
As we review your submittals, we may find the need to request additional information, and will so
Email: inform you. If you have any questions please call Renae Clark or Jesse Carlson at (952)471-0590.
admin minnehahacreek.org
Sinc:rely,
Web Site:
www.minnehahacreek.org ~�
J-!se D. Carlson
Compliance Officer
CC: Renae Clark, MCWD permitting officer
Lyle Oman, City of Orono
Board of Managers Scott Dahlke, Quality Site Design
Pamela Blixt
James Calkins
Lance Fisher
Susan Goetz
Richard Miller
Ethel Smith
Scott Thomas
C\Documcm6 and Sellings\JonrSc ii\_ocnl Saibig6vTcmiwrnry Imquer Hes WAWA'
000 W,1dhui'6i Trull conddlon8 10 Ie801v0A V
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CITY of ORONO
�, '/ Municipal Offices
ti
� G Street Address: Mailing Address:
glfE$Kp4' 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
June 1, 2005
Craig Scherber
1006 Wildhurst Trail
Mound, MN 55364
RE: CUP for wetland alteration and 0-75' land alterations
Dear Mr. Scherber:
Thank you for taking the time to stop into City Hall on May 31, 2005 to discuss your
recent project, which apparently has just received Minnehaha Creek Watershed District
approval. The purpose of this letter is to ask for more information and lay out the official
approval processes that will be required by the City.
After speaking with Building Inspector Bruce Vang following your visit, it became
apparent that your project includes more than just alteration of wetlands and/or areas
within 26' of wetlands, but also land alterations within 75' of the OHWL of Lake
Minnetonka. Both of these issues potentially require a conditional use permit (CUP)
review, although as mentioned during your visit the City is under a moratorium regarding
wetland alteration and alteration within 26' of wetlands.
Rather than require you to go through two separate conditional use permit reviews and
pay two separate fees, Planning Department staff feels the time may be better spent
requiring you to go through the conditional use permit process for both issues once the
wetland moratorium has been lifted (late August, 2005). In an effort to expedite the
process come late August, the City would like to request a copy of your plans that
received Minnehaha Creek Watershed District approval. Those plans can be dropped off
to my attention at City Hall at your earliest convenience. With a copy of your plans the
City can review them and confirm what approvals are necessary. Thank you for your
cooperation, and should you have further questions I can be reached at 952-249-4623.
Sincerely,
City of Orono
Janice Gundlach
City Planner
cc. Mike Gaffron, Planning Director
Bruce Vang, Building Inspector
Telephone(952)249-4600 o Fax(952)249-4616
www.ci.orono.mn.us
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