HomeMy WebLinkAboutWetland Code Compliance check/Wetland Buffer Ordiance Memorandum Bonestroo
2335 tighvey 36 W
To. Melanie Curtis Project Robinson Majestic Spruce Plat Date: 7/8/2011 St. WAN 55113
From John Smyth Clint: City or Orono Td 651-6364600
Fa 651-636-1311
Re: Wedand Code Compliance Check File No: 139-08000 www1wertmo.mm
Remarks:
There are two lots within the Robinson Majestic Spruce Plat There are two separate owners for each lot It is my
understanding that we likely have two separate escrows for each lot Lot I should have a$1,800 escrow and Lot
2 should have a$6,000 escrow.
At this point most of the required work has been completed by the owner for Lot 2 (see photo documentation).
This includes:
1. Moving the pasture fence to the upslope edge of the buffer of Wedand A
2. Seeding the buffer of Wedand B
3. Creating storm pond per watershed requirements
There is still thistle that needs to be removed within the Buffer of Wedand A. This is required as part of the City
Wetland Code and was listed as an activity on the approved Wetland Buffer Management Plan submitted by the
landowner. I talked to the landowner for Lot 2 and he understands that the thistle will need to be removed prior
to the City being able to return the$6,000 escrow. Once this is completed he will contact the City and we can
check to see if the work has been completed.
During a previous site visit the buffer of Wetland B on lot I was converted to turf and mowed by the landowner
or builder. The builder was notified that this was not allowed. The mowing has (eased within the buffer. This
buffer has thisle that will need to be removed prior to the escrow being returned (see photo documentation). I did
not get a chance to talk to the landowner of this lot
ROBI NSONS MAJESTIC SPRUCE - PHOTO DOCUMENTATION 7/8/11
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Fence line moved upslope to edge of buffer - Wetland A
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Sediment pond constructed per watershed
requirement - Wetland A
ROBI NSONS MAJESTIC SPRUCE - PHOTO DOCUMENTATION 7/8/11
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Buffer Restored Lot 2 -Wetland B
Thistle to be removed in Wetland A of Lot 2
ROBI NSONS MAJESTIC SPRUCE - PHOTO DOCUMENTATION 7/8/11
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Thistle to be removed in Wetland B Lot 1
O O CITY of ORONO
. Municipal Offices
Street Address: Mailing Address:
2750 Kelley Parkway P.O. Box 66
�G Orono,MN 55356 Crystal Bay,MN 55323-0066
SH0
February 3, 2011
William G. Robinson
505 Willow Drive S
Long Lake, MN 55356
RE: Majestic Spruce PlatlWetland Buffer Compliance
505 Willow Drive South
On January 3, 2011, the City sent a letter to inform you that the wetland buffers were not in compliance
with the Wetland Buffer Establishment and Management Plan that was submitted and approved. This
plan was part of the subdivision approval for the plat of Majestic Spruce. To date we have not received
any communication from you regarding this matter.
This letter is your notification that your property remains in violation. Please submit a plan and timeline
for completion of the required improvements by March 1, 2011. Please be advised, if you fail to
comply with the wetland buffer requirements, when the weather allows the City will enter the property and
fulfill the requirements. The City will use the $6,000 escrow deposit associated with the Majestic Spruce
project to complete this task. Any costs to bring the property into compliance in excess of the escrow will
be assessed-to the property.
If you have any questions, please contact me at mcurtis()-ci.orono.mn.us or 952.249.4627.
Sincerely,
CITY OF ORONO
aww�'
Melanie Curtis
Planning &Zoning Coordinator
Telephone(952)249-4600•Fax(952)249-4616
www.ci.orono.mn.us
� �� � � CITY of ORONO
�lSr Municipal Offices
Street Address: Mailing Address:
eslao 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
January 3, 2011
SENT VIA US CERTIFIED MAIL NO.:
7007 0220 0001989 7718
William G. Robinson
505 Willow Drive S
Long Lake, MN 55356
RE: Majestic Spruce Plat/Wetland Buffer Compliance
505 Willow Drive South
In November prior to the heavy snowfall, city staff performed an inspection to finalize the Majestic Spruce plat
wetland buffer compliance component. Staff observed the wetland buffer improvements as required with the plat
of Majestic Spruce had not been completed. Majestic Spruce plat is the subdivision application which created the
separate lots at 2400 Fox Street and 505 Willow Drive South.
Lot 2 (505 Willow Drive S) contains two manage 2 classification wetlands which require a 25' buffer(Wetland A is
the large wetland on the north half of Lot 2; and wetland B is the smaller wetland which spans both lots). The plat
triggered the buffer improvement requirement in Orono's wetland regulations. As part of the plat approval a
Wetland Buffer Establishment and Management Plan was submitted and approved. Upon inspection it appears
that Wetland Buffer Establishment and Management Plan has not been completed for either of the two properties
in this Plat. In order to bring the property into compliance the approved Plan must be implemented to comply with
City Code section 78-1605(3).
This letter is your notification that your property must be brought into compliance with the approved Plan and City
wetland regulations. Please submit a plan and timeline for completion of the required improvements by January
28, 2011. Please be advised, if you fail to comply with the wetland buffer requirements, the City will enter the
property and fulfill the requirements. The City continues to hold the $6,000 escrow deposit associated with the
Majestic Spruce project. Any costs to bring the property into compliance in excess of the escrow will be assessed
to the properties.
I have attached copies of the Majestic Spruce final plat resolution, memos from John Smyth, the City's wetland
specialist and the wetland buffer conservation easement and covenant documents, as well as the relevant
wetland code sections for your reference.
If you have any questions, please contact me at mcurtis(&-ci.orono.mn.us or 952.249.4627.
Sincerely,
CITY OF QRZONO ,
4alat��
Melanie Curtis
Planning &Zoning Coordinator
Attachments
c: Michelle Winer—via email
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
COMPLETE THIS SECTION ON DELIVERY
SENDER:
A. S' 0 Agent
■ Complete items 1,2,and 3.Also complete 0 Addressee
item 4 if Restricted Delivery is desired. X
■ Print your name and address on the reverse printed Name) C. Date of Delivery
so that we can return the card to you. B. Received by
■ Attach this card to the back of the mailpiece, ❑Yes
or on the front if space permits. D. Is delivery address different from item 1
If YES,enter delivery address below: 0 No
1. rticle Addressed to:
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2.. Article Number 7p07 0220 0000 1989 7718
(Transfer from service label) Domestic Return Receipt 102595-02-M-1540 +
PS Form 3811,February 2004
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RECEIVED
OCT 19 2010
Memorandum CITY OF ORONO ' Bonestroo
2335 Highway 36 W
To: Melanie Curtis Project: Majextic Spruce Lot 2 Date: 11/18/2010 St. Paul,MN 55113
From: John Smyth Client: City or Orono Tel 651-636-4600
Fax 651-636-1311
Re: Wetland Buffer Ordinance File No: 139-10000 www.bonestroo.com
Remarks:
I reviewed the Majestic Spruce Lot 2 on November 11, 2010. Both Lots 1 and
2 have a Wetland Buffer Establishment and Management Plan that is dated
October 10, 2008 (attached). This management plan was prepared on behalf
of the owners by Anderson Engineering of Minnesota, LLC to meet the
requirements of the City's wetland code at the time of the lot split. Per my
10/17/2008 memo the attached management plan was approved with the
following modification: "The plan indicates seeding of the buffer of Wetland B
but not the buffer of Wetland A. The years of grazing have impacted the
vegetation of the buffer of Wetland A and it should be seeded with the same
mix and follow the same establishment and maintenance procedures as the
buffer of Wetland B."
Lot 2 is required to implement the Wetland Buffer Establishment and
Management Plan to be in compliance with their original approval. This plan
includes:
1. Seeding the buffer with a native seed mix (BWSR U8). Requires
spraying or some other way to remove existing vegetation.
2. Relocating existing fence on upslope edge of wetland buffer to
protected buffer from grazing.
3. Per watershed requirement grading a pond at the southwest corner of
the property.
4. Completed installation and general buffer management per plan.
This work needs to be completed to be in compliance with the original
approval of the lot split.
Memorandum Bonestmo
2335 Highway 36 W
T0: EVELYN TURNER PROJECT: 505 WILLOW DRIVE DATE: 10/17/2008 St.Paul,MN 55113
FROM: JOHN SMYTH CLIENT: CITY OR ORONO Tel 651.636.4600
Fax 651-636-1311
RE: WETLAND BUFFER ORDINANCE 10-14-08 PLAN REIVEW FILE No: 139-08000 www.bonestroo.com
Remarks:
I have received and reviewed the plan dated October 14, 2008 for 505 Willow Drive and this memo represents an
updated memo based on those plans.
Buffer Condition and Requirements
The plan indicates seeding of the buffer of Wetland B but not the buffer of Wetland A. The years of grazing have
impacted the vegetation of the buffer of Wetland A and it should be seeded with the same mix and follow the
same establishment and maintenance procedures as the buffer of Wetland B.
The proposed seed mix and buffer establishment and maintenance plan meets the requirements of the Wetland
Ordinance.
Survey Requirements
Requirements have been met.
Restriction and Covenant for Wetland and Buffer
Per Section 18-1611 of the wetland ordinance the owner shall record Restriction and Covenants over the wetland
and buffer with the property chain of title. A form with the language for the Restriction and Covenants is
available from the City.
Wetland Buffer Markers
Formal buffer markers are not required for the proposed activity under the Ordinance, however it is recommended
that the buffer is marked by the applicant so they can be avoided during native vegetation development and for
review during the vegetation establishment period (approx. 2 years).
Wetland Water Quality Treatment Requirements
A pond has been added along with the buffer. This meets the water quality requirements for the property.
Recommendations
It is recommended that this application be approved with the condition that Wetland A be seeded with the same
mix and follow the same establishment and maintenance procedures as the buffer of Wetland B. An escrow
amount for $ 6,000 is recommended to cover the cost of buffer development if not completed by the applicant and
compliance checks.
ESCROW AGREEMENT
AGREEMENT made this 31�- day of , 20 Off', by and between the
CITY OF ORONO, a Minnesota municipal corporation("City") and WILLIAM G.
ROBINSON, a single person("Contractor").
Recitals
A. Contractor will be seeding the wetland buffer at 505 South Willow Drive, in the
City of Orono, Hennepin County, Minnesota,that will include disturbing the
buffer for a wetland on the property.
B. The City is requiring a security agreement to guarantee the required revegetation
of the buffer is successful.
C. Contractor has agreed to complete or repair the items cited above in a timely fashion.
Contractor has agreed to provide financial security for the completion of the items
cited above by entering into this Escrow Agreement.
D. The City has determined that this Escrow Agreement constitutes adequate
assurances from Contractor, sufficient to protect the City from potential damages
and noncompliance with the City Code.
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this
Escrow Agreement,the Contractor shall deposit $6,000.00 with the City. All accrued
interest, if any, shall be paid to the City to reimburse the City for its cost in administering
the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee that the seeding
of the buffer is completed properly by Contractor and that any vegetation that does not
establish successfully is replaced. A planting is deemed successful if there is at least one
native plant from the seed mix per square foot in the seeded area. Areas where the
planting is not successful shall be reseeded by the end of the growing season. The funds
shall be,spent by the City if Contractor for any reason is unable or unwilling to honor the
requirements of the City Code and any Development Agreement. Construction costs may
also include engineering estimates and plans as well as labor and materials for any repairs or
matters completed.
3. DISBURSEMENT FROM ESCROW ACCOUNT. If the City suspects or knows of any
matter cited above that is not completed correctly and in a timely fashion, it shall first make
demand of Contractor to make any necessary repairs or to take other prudent remedial
measures within a 5 day time period. If Contractor is unwilling or unable to honor its
agreement as determined by the City,the City may draw from the Escrow Account,as
141913 1
Lot 1,Block 1,Majestic Spruce Addition
necessary. The remedies afforded to the City under this agreement shall be in addition to
any other remedies which the City may be entitled by law or equity or other agreement.
4. CLOSING ESCROW. The escrow, less any eligible expenses, shall be returned to the
Contractor two growing seasons after planting if the planting is successful. If substantial
portions of the plantings are not successful after one planting season the City may hold
the escrow for an additional planting season. If substantial portions of the plantings are
not successful after two planting seasons the City may hold the escrow for two additional
planting seasons.
5. RIGHT OF ENTRY. The Contractor hereby grants the City, its agents, employees,
officers and contractors the right to enter the property to perform all work and inspections
deemed appropriate by the City in conjunction with seeding of the buffer, including but
not limited to constructing or completing any and all of the agreed upon improvements
should the Contractor not complete those improvements by the date specified herein.
CITY OF ORONO
By: @a) L--�
Itse -
CONTRACTOR:
By:
William G. Robinson
141913 2
Lot 1,Block 1,Majestic Spruce Addition
Applicant•. Welham Robinson;
Address. 505 Willow Dnve.S :
{ Long:Lake,MN 55356:..
Owner: William.Robinson>
- Address: 505 Willow Drive S
Long Lake, MN 55356.
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