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Home My WebLink AboutMCWD erosion conrl permit 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, 7he Minn2haha 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 tvatershe��is�rict;s named below for use and development of land in the Minnehaha Creek Watershed District. committed to a(eadership roLe i�protecting, Issued to: Michael Huthwaite Permit No: 10-285 impro�ring an�managing `he surface+n�aters and Location: 3382 Bavside Road, Orono affiliated groundwater Purpose: Erosion Control resources vvithin the Date of Issuance: 9/30/2010 Date of Ex iration: 9/30/2011 �,stri�t,ind.uding the�r By Order of the Board of Managers relationships,o tfle ernsystems of�rrhich eve Christopher they are an integrat part. District Technician We achieve our mission This permit is not transferable without District approval, and is valid to the date of expiration. No activity is authorized beyond the expiration date. If the permittee thrauqh regu(atio�,, requires more time to complete the project, an application for renewal of the cap;tai proiec��, permit must be received by the District at least 30 days before expiration. educat;on,cooperative The applicant is responsible for compliance with all District Rules and for the action of their representatives, contractors, and employees. endea«ars, and other � rams based on Conditions: Project to be completed as described in plans submitted to the p' � MCWD office on September 24, 2010 according to the provisions sound sdence, of this permit. • Will incorporate a buffer for wetland protection and record �nna�ative thinking,an through declaration in accordance with District rules informed and engage� • Properly install and maintain all required erosion control measures until the disturbed areas are re-stabilized constituency,a�,d t�,e • When the site is re-stabilized and the MCWD staff has performed a final inspection, all silt fences must be removed cost effective us�ef pU�'i1C{11i1d5. (Statement concerning fees for inspections, violations, etc... on following page) 18202 Minnetonka Boulevard, Deephaven,MN 55391 •Office: (952)471-0590� Fax: (952)471-0682 •www.minnehahacreek.org MINNEHAHA CREEK � WATERSHED DISTRICT QUALITY OF WATER "�"- QUALITY OF LIFE Inspection/Analvsis/Monitorina Fees The Minnehaha Creek A site inspection and monitoring by District staff will be performed where the activity involves: tNatershed District is • a commercial/industrial/multi-family residential development con,m;�te�i ta a teadership . a single family residential development greater than 5 acres or of any size if rale�n protecring, within the Minnehaha Creek subwatershed • any alteration of a floodplain or wetland irrrproving and n�anaging . dredging within the beds, banks or shores of any protected water or wetland `he surface waters and • a VlolBtlon • any project which in the judgment of the District staff should be inspected due �ffitiated gra�nd��ater to project location, scope, or construction techniques resources within tne �istr;ct,incfuding the;r 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 relat�onships tc the by the work, analysis of the work, and any subsequent monitoring of the work, which in the case of a violation shall be at least $35. ecosysterns oE which tiiey are an integra�pa�t. '�le achieve our mission Standard Fee Schedule thrauqn reguiat;on, District professional staff $ 55.79'` cap;ta�projects, District interns $ 34.24* District clerical staff $ 50.40* educa�ion,coopertive Consulting Senior Engineer $ contracted rate Consulting Engineer/Technician $ contracted rate endeavors,and other District Counsel $ contracted rate programs based on Application fee $ 10.00 Copy costs $ .25 + actual staff time soun�s�ence, Color copy costs $ 1.00 + actual staff time Audio tapes $ 20.00 each innovafive th;nki�q,dn �/atershed Plan (Paper) $ cost of production informed and engaged Watershed Plan CD $ 10.00 eBCh CIP $ 10.00 each constituency,and the cost effer_tive use o* Pubt;c�t,-�as. '" Hourly 18202 Minnetonka Boulevard, Deephaven, MN 55391 •OfFice: (952)471-0590• Fax: (952)471-0682•www.minnehahacreek.org , MINNEHAHA CREEK � WATERSHED DISTRICT QUALITY OF WATER QUALITY OF LIFE February 16, 2012 The Minnehaha Creek Watershed District is Michael Huthwaite committed to a leadership 3382 Bayside Road role in protecting, Orono, MN 55356 improving and managing RE: MCWD Permit 10-285; 3382 Bayside Road, Orono the surFace waters and affiliated groundwater Permit#10-285 for Erosion Control, Wetland Protection, Streambank Stabilization, and resources within the �p/aterbody Crossing for single family home construction was reviewed and approved with the District,incWding their following conditions: • Reimbursement of Mailing Fees: $43.60 relationships to the . Submit copy of recorded declaration for wetland buffers ecosystems of which The permit met compliance with the District's Wetland Protection rule by providing a buffer they a�e an integrat part. width equal to 25% of the distance between the existing house and the wetland boundary, not to exceed 20 feet(the Base Buffer Width for Manage 3 wetlands). The approved plan included a We achieve our mission 16.5 foot buffer along all wetland areas as well as a 10 foot buffer along the entire streambank. This meets the District requirement for buffer averaging. through regulation, capital projects, District staff received a copy of the declaration that was recorded on June 23, 2011, but the document did not include a site plan in Attachment A which is required as an exhibit for education,cooperative delineated wetlands and required buffers. endeavors,and other Staff recently received a revised plan and draft of a declaration to be used to supersede the programs based on previously recorded declaration.The revised buffer plan and declaration do not conform to the sound science, District's Wetland Protection rule. innovative thinking,an The permit for Wetland Protection,Streambank Stabilization and Waterbody Crossing still has not been issued due to the lack of a properly recorded declaration. infiormed and engaged constituency,and the During site inspections conducted in late 2011, District staff noted the disturbance to the wetland on site indicating potential impact to the Type 2/3 wetland on site. It appears that cost effective use of alteration may have taken place in wetland areas that were covered in erosion control blanket public funds. Where no impacts (temporary or permanent)were permitted. 18202 Minnetonka Boulevard, Deephaven, MN 55391 � OfFice: (952)471-0590• Fax: (952)471-0682 •www.minnehahacreek.org MINNEHAHA CREEK � WATERSHED DISTRICT QUALITY OF WATER QUALITY OF LIFE The Minnehaha Creek Water�hed District is To achieve compliance with District rules, MCWD requests that the following corrective actions are taken: committed to a I�adership • Provide a post construction delineation to demonstrate no impact has occurred to the role in protecting, Wetland. improving and managing • Record a superseding declaration that includes all of the necessary components including a site plan following approval by District staff. the surface waters and . Please see enclosed documents for appropriate declaration revision. affiliated groundwater • If altering the approved buffer, please provide a site plan that includes a 20 foot on-average buffer around all wetlands on site. resources within the District,induding their To avoid formal enforcement action, which may include a public hearing before the Violations relationships to the Committee, from the Minnehaha Creek Watershed District, please implement the above ecosystems of which mentioned corrective actions. they are an integral part. Thank you for your attention to MCWD permit requirements. If you have any questions, please We achieve our mission contact me at (952) 641-4506 or by email at schristopher@minnehahacreek.org through regulation, Sincerely, capital projects, education,cooperative Steve Christopher endeavors,and other Regulatory Program Manager programs based on sound sdence, Cc:John Sonnek, Charles Cudd Co. innovative thinking,an Encl: Revised declaration template informed and engaged constituency,and the cost effective use of public funds. 18202 Minnetonka Boulevard, Deephaven, MN 55391 • Office: (952)471-0590• Fax: (952)471-0682 •www.minnehahacreek.org DECLARATION THIS DECLARATION ("Declaratiori') is made this day of , 2011, by Michael Huthwaite and Marilyn Huthwaite, husband and wife, ("Declarants"). RECITALS WHEREAS, Declarants are the owners of real property within the City of Orono, Hennepin County, Minnesota, platted and legally described as: Lots 8, 9, 10 and 11, Block 5, Bayside Addition to Lake Minnetonka, Hennepin County, Minnesota (the "Property") and no one other than Declarants, 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# 10-285 applies; and WHEREAS, Declarants desire to subject the Property to certain conditions and restrictions imposed by the Minnehaha Creek Watershed District ("MCWD") as a condition to issuance of their Permit # 10-285 for the mutual benefit of the owners of the Property. NOW, THEREFORE, Declarants make this Declaxation for the benefit of the MCWD and hereby declares that this Declaration shall constitute covenants to run with the Property in perpetuity,and further declare that the Property shall Huthwaite�Declaration.redlined 1 be owned, used, occupied, and conveyed subject to the covenants and restrictions 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 irregularly shaped wetland buffer area delineated on the site plan for the Property attached hereto and incorporated herein as Attachment A shall be maintained by Declarants in perpetuity free from mowing or other disturbance of vegetation, 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, but subject to the following perrnitted exceptions and activities: a. Removal of diseased or dead trees, brush� and noxious weeds if written approval issued by MCWD has been obtained. b. The placement and maintenance of the foot bridge depicted on Attachment A. c. All activities within such wetland buffer area permitted or approved by MCWD under Permit No. 10-285 or any other permit or written approval issued by MCWD. 2. Parties Benefited by Declaration. This Declaration is given and granted solely for the benefit of the MCWD. This Declaration grants no rights or privileges to the public or any third party. 3. Prior Declaration Superseded and Vacated. The document titled "Declaration" filed on the Property as Document Number A9667051 dated October 20, 2010, and filed for record June 23, 2011 in the Office of the County Recorder, Hennepin County, is deemed superseded and vacated on the filing of this Declaration. 4. The recitals set forth above are�xpressly incorporated herein. Huthwaite�Declaration.redlined 2 IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARANTS: Michael Huthwaite Marilyn Huthwaite STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2011,by Michael Huthwaite and Marilyn Huthwaite, husband and wife. Notary Public Huthwaite�Declaration.redlined 3 � The undersigned, Minnehaha Creek Watershed District consents to the foregoing Declaration, and the superseding and vacating of the previously recorded Declaration filed June 23, 2011, as Hennepin County Recorder Document No. A9667051. Minnehaha Creek Watershed District BY Its STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2011, by Eric Evenson, the Administrator of the Minnehaha Creek Watershed District. This Instrument Was Drafted By: [Jeremy Steiner + title & address] Huthwaite�Declaration.redlined 4, � MINNEHAHA CREEK WATERSHED DISTRICT QUALITY OF WATER QUALITY OF LIFE $ITE MEETING SUMMARY DATE: May 2, 2011 TO: John Sonnek FROM: Joe Barten, District Representative RE: MCWD Permit 10-285: 3382 Bayside Road,Orono This letter serves as a summary of a meeting regarding 3382 Bayside Road in Orono on April 27, 2011. This meeting was attended by John Sonnek, Luke Schwitzer, and Joe Barten. The following issues were discussed: • Addition of plastic poly as Erosion Control around the creek as well as newly installed silt fence is sufficient to temporarily prevent erosion into the creek in that area of the site • Additional rock added to west construction entrance is satisfactory to prevent off site tracking • Permanent stabilization (wetland buffer seed and erosion control blanket) of the creek banks will be performed as soon as possible, and erosion control measures will be implemented during and after work around the creek • Temporary or permanent site stabilization will be performed as soon as possible • Furthermore,we discussed the details of the streambank stabilization to include approximately 2 rows of stacked boulders(roughly 36 inch)with a final grade at the top of the riprap to be feathered back and permanently stabilized with vegetation. Thank you for your attention to MCWD permit requirements. If you have any questions, please contact me at (952) 641-4518 or by email at jbarten@minnehahacreek.org Sincerely, �� Joe Barten District Representative Cc: Luke Schwitzer, Minnehaha Creek Watershed District Melanie Curtis, City of Orono ��; � .:;� f;,� ��:,;■ . ��,_ � �:s � � _ � �� _ ;I � �� , „ �� 'y � a � ,; 4 �4a� 3�i E 5 € ' � � F 1` �t� - x( I ' I II ��i ` , � C�I � �EF i I a , J ' ; g �—__ , � � � � � �° i � � � � J� ' IF I a � I I Ja i ' �g i a a Jb � � I� d i � 4 I � @ ',f i i a l_ J� � � � ' , ', b n I , Yo I�� m Q, �i oD J �(� '^IA g �fy.. I I I Ii—I � �A <` �I� .�� '�o I F.1�j1 �8R � I ��..p ya� . :i� ' a� ,a . �� -- ':, �� '�n 1� ai,� � I - lo - o�, � I o� >� . W - n ' n 0 � � m � � � � � ,� �° $ � �o `� e Im e ¢ m S R � w � A a � ��" � �� m �'� � � I`m �- I m w �.� < � ��'. �mi+ I �II 'm ., ��'�. � m -I � � li , - In o Im �6�,..�1 , j ` r I j I � A � r { 'I (1 � ' m �d i,jc �� Ip I .. p ( �� m n m E �4 I� .ic ��,. ', I� Ig n a � .. li& I � �� '' � �I � ` � ' � � 5 e f i o a � F F _ _ � J � _ _ i ia�� _ � �,,,D � / � ` � � � ✓ �9! g 9 � o „ " . o� � ,. r , � . . �a'� P � S 3 3 e 9 � I i �qs � 0 6 i S i ; � ..g� . � H S s � ggg Q O �� S � 4 a g � g � 4`' � O � 9 � � � g a � �y9e� M �3, �n dq L ^�& y : �',' S y �' W. / a �� g 3 $ 3 � § s� � � 9�� a g § $ � 6 � � N g@ " s�C7 $g s - € i �` � �, t s3g 3 $ S �. � s t i I .� si�„+ �� m rn•=z� � vx� 3 3 $ $ e \ � � � O _��m�t l� 33 1 � � � Zml'I(� : �aR ; a� � , ��'�, � � �� anc� 9�4�' �. � � �A __ � a �° z�Zo c�so ��' �! i p� o�? e '' <DC�n �£��OZ � 9 i � \ .r o c �!Z R � � No�t � �o � 3f�"cNc� ;�'� �' m z h� � \ \ �i �}\• mzo=C1 n CO �1\ , �€� o <o ��--� � � im �� o�� zL S �� • �,�``,\� � J � Dmm � �I��[ � � d� \ � � �� , � 0 4' _ � �\ m � f � � � o , e �j � P�� \ \ D � \ _,� ' D � �� o � ' � � � 3.��. ,�o� �— � rai m � S �nN�nv M��n1s�2�� E !P �l ;� n�08 o, Q. � � �oE� � _ � � � _ - REVI51 N/ UE�ATES , - GI1dC. d ,�, _ o[s:w . �n 3 � ; ._ s- . ._ o.,� NUT�,LG�E y .. 'V�L.�f�� oEs -r a . _� ,,, _ ,��Est ,»z e. �o nti..ae � L�U�+�� ,. . =y�^ ;,. ;: _ "..E _ ___ ,�d.Ro.e. .., �, , �, . `,, , .E. __ .. �� _`� , _ _ s . . �c,,,�z., - _ _ �� .... _ _`a>¢ ae.o.�o_a...,��o..a uu� �.� ° Melanie Curtis From: Luke Schwitzer[LSchwitzer@minnehahacreek.org] Sent: Friday, May 06, 2011 4:03 PM To: Amundsen, Darren T; Melanie Curtis; Joseph Barten; Steve Christopher Cc: Tom Kellogg Subject: RE: MCWD Permit 10-285 - 3382 Bayside Rd 5-5-11 MCWD had a similar understanding regarding the phases of site grading at this project.The spirit of our erosion control regulation revolves around the preservation of existing vegetation and avoiding any soil disturbance until a permanent stabilization plan is ready to implemented thereafter. During the April 27 site meeting, MCWD staff expressed disappointment to the builder that the entire site appeared to have been graded or altered before they were ready to move forward with the final landscaping work. Obviously,this is the case on any permitted site—but it becomes much more relevant on a site like this with a greater potential for impact to surface waters. Any improvements made to erosion and sediment control BMPs on site are temporary, and MCWD staff is anticipating final grade and permanent stabilization (seed and blanket)within the coming weeks. Concerning the streambank stabilization: MCWD isn't in a good position to require a bioengineering revision to their plan at this point.They met the shear stress threshold (>5 Ibs per sq.ft.)to allow for structural stabilization. Granted,their initial plan submittal looked like a proposal of 8 rows of stacked boulders and that has been revised to 2-3 rows of puzzle stacked 36" boulders. For the most part, the current revision calls for streambank slopes at 3:1 or better—the exception being upstream from the footbridge where road and shoulder grade needs to begin to be met again. It looks ok on paper, and my biggest concern is seeing it get to that point on site—and in compliance.Joe Barten and I will continue to keep the city informed as we get out there. Luke Schwitzer MCWD Compliance Officer 18202 Minnetonka Blvd. Deephaven, MN 55391 952-641-4505 www.minnehahacreek.or� `�� " MINNEHAHA CREEK WA7:RSM;D OIST�t:CT From: Amundsen, Darren T jmailto:Darren.Amundsen@bonestroo.com] Sent: Thursday, May 05, 2011 10:35 PM To: mcurtis@ci.orono.mn.us; Joseph Barten; Luke Schwitzer; Steve Christopher Cc: Kellogg, Tom P Subject: MCWD Permit 10-285 - 3382 Bayside Rd 5-5-11 1 I think that everyone is familiar with this site in Orono. From the city's standpoint, the grading activities on this site were split into two parts. Minimal grading to construct the home over the winter and the undetermined stream bank stabilization and bridge that would be reviewed by the watershed. Not sure if any plans or what plans were sent for review. All along it was the city's understanding that minimal grading/clearing would take place by the stream. The current state of the site, although not ideal, appears to be somewhat under control. Going forward, our main plan review comment wouid require flattening the proposed slopes adjacent to the stream to a maximum of 3:1. The city could encourage the owner to consider a bioengineering approach to the stream bank stabilization, but feels that they can not require it and would leave the requiring up to the watershed. Just want to make sure everyone is on the same page here. Darren Amundsen, PE Associate Direct 651-604-4894 Cel I 651-775-5623 darren.amundsen@bonestroo.com � Bonestroo Visit the new Bonestroo.com to sign-up for SourceONE, our upcoming newsletter. From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.usl Sent: Friday, April 29, 2011 2:35 PM To: Amundsen, Darren T Subject: DTA_MC^FW: 9430-Huthwaite-creek cross sections-042911.pdf See attached MelAnie �uv�i5 � `t52.2�}9.'�62� � rv�cuv}iSC�ci.ovono.mn.u5 From: John Sonnek jmailto:jsonnek@charlescudd.coml Sent: Friday, April 29, 2011 1:18 PM To: Melanie Curtis Subject: FW: 9430-Huthwaite-creek cross sections-042911.pdf Melanie Please email me that you have this I am bringing paper copies Thank you john From: Steve Licht Sent: Friday, April 29, 2011 1:10 PM To: John Sonnek Subject: 9430-Huthwaite-creek cross sections-042911.pdf z - ""..�- � r..�.s- . i > .. ...„�. . . . .. b < � " .�' 'l d .' . -- r . ,.,a "' ^ .> _.. __ L,.._ {� {.a �.'orw � �j. :�... . . 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