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HomeMy WebLinkAboutcorrespondence re pool/wetland buffer ' . : • . � • emo To: Finance Department From: Christine Mattson, Planning Assistant � CC: Street File Date: 8/7/2012 G/L: 101-22205 Re: Wetland Buffer associated with a Building Permit- Escrow Refund Building Permit number 2007-11464 pertaining to 4680 Creekwood Trail is complete. The applicant and the mortgage holder, Wells Fargo, have signed the flowage and conservation easement. The Applicant, Dale & Jonmari Olson, has requested a refund of their $3,000 escrow. The following is attached: • Original signed escrow agreement • Wetland compliance • Copy of cash register receipt showing escrow amount received Mail to: Dale &Jonmari Olson 4680 Creekwood Trail Maple Plain, MN 55359 w:�street files\creekwood tr14680\escrow refund memo 2007-11464.doc Confiirmation Report — Memory Send Time : Oct-02-2007 10:36am Tel line : +9522494616 Name : CITY OF ORONO Job number . 440 Date . Oct-02 10:36am To . 7636822152 Document pages . 001 Start time . Oct-02 10:36am End time . Oct-02 10:36am Pages sent . 001 Status . OK Job number : 440 *** SEND SUCCESSFUL *** 4��� City of Oror�o O O 2750 Ka//ay PaNcway � � P.O. Box 66 � ���� Crysta/Bay, MN SS323 � �.��G Fax9(9B2) 249-4B76 A FAX TRANSMISSION �ate: October 2, 2007 Page "1 of "1 To: Marjoria Stawig , Twin LaKe �asign Group 763-682-2'152 From: Evelyn Tu�ner, City Planner eturnerCd�ci.orono_mn_us 952-249-4623 Subject_ Pool Permit for �FB80 CreaKwood Trail (Parmit Application --A'I'1464) Wetland �alineation Before tFie bullding official raviaw building plans planning stafF reviaws building permit applications for zoning coda cornplianca_ Wa ara unabla to compl�ete this �aviaw becausa there is no delinaation of the wetland on tF�e property_ Tha c�xcavation for tt�a pool will trigger the requirarrient that tha buffsr area (35 feet from tha adAa of tt�e wetland) meet cer[ain standards or be improved to meet these standards. Withvut a delinc>ation It Is impossil�la to Know wF�are tha buffer Is. John SmytFi of Bonestroo, the City's consulting enginaar, indicates that Fia could delinaata th� wetland for $500. It would not be a dalinaation and a report tt�at you could sul�mit to tha MinncF�aha CraaK Watarshed �istrict_ It would or�ly ba a watland boundary tFiat could be utilized for bufifars and setbacics to the watland. It wil) be consarvativc meaning tYiat if thera is a questlon tha stake will be placed on tha higti sid�. TFia delineaiion must be placad on a survey a�d a legal dascrtF>tion p�ovided_ John indlcatas he could provida GPS coordinates for an additional $400_ Thase c4ordlnatas could be sent to tt�e surveyor to place on the survey_ You could F�ira a dalineator to maKe a fiull delineation and/or hava tFie surveyor do tha field survay. Tha cF�oice is yours. If you F�ava any qu�stions please call me at 952- 249-4 623. TFie costs neod to be paid bafora tFie worK is dona. Pleasa raturn a signed copy with the cFiacic. Also fax to me so Jot�n can put it on F�is schedula 1 agrea to I-�ave Bonastroo provide a_ Wetland delineation as dascrlbsd above. Cost $500 GPS coordinates of t1�e wQtland. Cost $400 And enclose a c1-iacK for tF�asa costs. Owner ,'� o�. �O , p�,�,, CITY of ORONO � ' Municipal Offices � ��'��` Street Address: Mailing Address: r3 �,��} ,;�1�� ,�.r "�''� �� ��,>, �a Cb � ,� 2750 Kelley Parkway P.O. Box 66 � ��"���'��x��,���/ Orono, MN 55356 Crystal Bay,MN 55323-0066 �kESHOg'/� August 19, 2011 Dale & Jonmari Olsen 4680 Creekwood Trail Maple Plain, MN 55359 RE: Wetland Buffer Compliance 4680 Creekwood Trail On October 24, 2007, permit number P11464 was issued for construction of an in-ground pool. As a result of this permit and according to City Code Section 78-1601(4) wetland buffers were to be established. You submitted a $3,000 to ensure compliance of this requirement. Your property was inspected by wetland specialist, John Smyth on July 22, 2011. Smyth's memo (copy attached) indicates the wetland buffer is not in compliance. In order to bring the property into compliance with the wetland buffer requirements, the buckthorn needs to be removed, the turf removed and both areas seeded with native vegetation per the October 29, 2007 plan submitted or in accordance with City Code 78-1605(3). Please submit your plan to bring the property into compliance by September 6, 2011. The City will continue to hold your $3,000 escrow until the buck thorn is removed and native vegetation is established. I look forward in working with you to resolve this outstanding issue. If you have any questions, please contact me at cmattson(c�ci.orono.mn.us or at 952.249.4620. Sincerely, CITY OF ORONO �V���Y � Christine Mattson Planning Assistant Attachments Copy of survey showing wetland buffer Submitted buffer planting plan City Code Sections 78-1601(4) & 78-1605(3) Telephone(952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Christine Mattson From: Shannon.N.Sager@welisfargo.com Sent: Thursday, September 06, 2012 9:32 AM To: Christine Mattson; DOlsen@farnamstreet.net Cc: Jenn ifer.L.Hicks@wellsfargo.com Subject: RE: Olsen -Wetland Buffer Easement Christine, This document was sent out via regular mail to you on August 27th. I am in Maryland, and due to the holiday, it may just be taking a little longer to get to you. I would allow a few more business days for it to get to you. Thanks, Shannon Sager Legal Process Specialist Land Transactions&Servicing Support Wells Fargo Home Mortgage � 8480 Stagecoach Circle � Frederick, MD 21701 MAC X3802-03A Tel 240-586-5824 � Fax 240-586-8640 Shannon.N.SagerC�WeIIsFargo.com This transmission may contain information which is confidential, proprietary and privileged. If you are not the individual or entity to which it is addressed, note that any review, disclosure, copying, retransmission or other use is strictly prohibited. If you received this transmission in error, please notify the sender immediately and delete the material from your system. From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Wednesday, September 05, 2012 3:21 PM To: Christine Mattson; Sager, Shannon N.; 'DOlsen@farnamstreet.net' Cc: Hicks, Jennifer L. (MN-storelink) Subject: RE: Olsen - Wetland Buffer Easement Shannon, Were you able to verify if Mr. Olsen's document was signed and mailed? Thanks. From: Christine Mattson Sent: Tuesday, September 04, 2012 9:51 AM To: 'Shannon.N.Sager@wellsfargo.com'; DOlsen@farnamstreet.net Cc: Jennifer.L.Hicks@wellsfargo.com Subject: RE: Olsen - Wetland Buffer Easement Hi Shannon, I have not received the signed consent yet. Will you verify when it was mailed? i Thanks! Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical addressJ PO Box 66 Crystal Bay MN 55323-0066 (mailing addressJ '�' 952.249.4620 8 952.249.4616 � cmattson@ci.orono.mn.us � www.ci.orono.mn.us OUR OFFICE WILL BE CLOSED: Monday, November 12, 2012 From: Shannon.N.Sager@wellsfargo.com [mailto:Shannon.N.Sager@welisfargo.com] Sent: Monday, August 27, 2012 7:52 AM To: Christine Mattson; DOlsen@farnamstreet.net Cc: Jennifer.L.Hicks@wellsfargo.com Subject: RE: Olsen - Wetland Buffer Easement Thank you Christine! Will do. The signed consent will go out in the mail to you today. Thanks, Shannon Sager Legal Process Specialist Land Transactions&Servicing Support Wells Fargo Home Mortgage � 8480 Stagecoach Circle � Frederick, MD 21701 MAC X3802-03A Tel 240-586-5824 � Fax 240-586-8640 Shannon.N.Sager@WeIlsFargo.com This transmission may contain information which is confidential, proprietary and privileged. If you are not the individual or entity to which it is addressed, note that any review, disclosure, copying, retrensmission or other use is strictly prohibited. If you received this transmission in error, please notify the sender immediately and delete the material from your system. From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Monday, August 27, 2012 8:49 AM To: Sager, Shannon N.; DOlsen@farnamstreet.net Cc: Hicks, Jennifer L. (MN-storelink) Subject: RE: Olsen - Wetland Buffer Easement Shannon, Please forward the document to me for recording: z Christine Mattson City of Orono PO Box 66 Crystal Bay, MN 55323-0066 Thank you. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway ' Orono MN 55356(physical addressJ PO Box 66 Crystal Bay MN 55323-0066 (mailing addressJ '�' 952.249.4620 8 952.249.4616 � cmattson@ci.orono.mn.us � www.ci.orono.mn.us Summer Office Hours: (Monday, May 21 through Friday,August 31,2012) Monday-Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11:30 am OUR OFFICE W/LL BE CLOSED: Monday,September 3, 2012 From: Shannon.N.Sager@wellsfargo.com [mailto:Shannon.N.SaQer@wellsfargo.com] Sent: Friday, August 24, 2012 12:33 PM To: DOIsenCa�farnamstreet.net Cc: Christine Mattson; )ennifer.L.Hicks@wellsfargo.com Subject: RE: Olsen - Wetland Buffer Easement Dale, I just wanted you to know I just got your application in the mail. I now have everything I need, and I have prepared a consent for the VP's signature. I will let you know when I can get him to sign it and can mail it out. However, I just wanted to verify who I should be sending it to so it can be recorded. Thanks, Shannon Sager Legal Process Specialist Land Transactions&Servicing Support Wells Fargo Home Mortgage � 8480 Stagecoach Circle � Frederick, MD 21701 MAC X3802-03A Tel 240-586-5824 � Fax 240-586-8640 Shannon.N.SagerCalWellsFargo.com This trensmission may contain information which is confidential, proprietary and privileged. If you are not the individual or entity to which it is addressed, note that any review, disclosure, copying, retransmission or other use is strictly prohibited. If you received this transmission in error, please notify the sender immediately and delete the material from your system. 3 From: Dale Olsen [mailto:D0lsen@farnamstreet.net] Sent: Thursday, August 16, 2012 3:21 PM To: Sager, Shannon N. Cc: CMattsonCc.l�ci.orono.mn.us; Hicks, Jennifer L. (MN-storelink) Subject: RE: Olsen - Wetland Buffer Easement Thank you Shannon. As discussed,the original signed app was mailed today. The$150 is on the way as well from the city of Orono. Please keep me posted and let me know if you need anything else...thanks again! Dale Dale Olsen Farnam Street Financial, Inc. 5850 Opus Parkway, Suite 240 � Minnetonka, MN 55343 � (0)952.351.4369� (c)972.768.4488 � (fl952.908.0796 dolsen(a�farnamstreet.net �JFarnam St.re�t FINANC IA� This e-mail may conain confidential and/or privileged information.If you are not the intended recipient please notify the sender immediately and desvoy this e-mail.Any unauthorized copying,disclosure or disvibution of the material in this e-mail is strictly forbidden. From: Shannon.N.Sager@wellsfargo.com [mailto:Shannon.N.Sager@wellsfargo.com] Sent: Thursday, August 16, 2012 2:10 PM To: Dale Olsen Cc: CMattson@ci.orono.mn.us; ]ennifer.L.Hicks@wellsfargo.com Subject: Olsen - Wetland Buffer Easement Dale, I have everything via email that I need from you in order to process your easement request except for: • the fee of$150 • the original signed application ( I do have your emailed copy of the application, and that will suffice until we get the original in the mail from you) Once I receive these last two items I can then modify a consent of lien holder for our VP's signature. Thanks, Shannon Sager Legal Process Specialist Land Transactions&Servicing Support Wells Fargo Home Mortgage � 8480 Stagecoach Circle � Frederick, MD 21701 MAC X3802-03A Tel 240-586-5824 � Fax 240-586-8640 Shannon.N.Sager@WeIlsFargo.com 4 , This transmission may contain information which is confidential, proprietary and privileged. If you are not the individual or entity to which it is addressed, note that any review, disclosure, copying, retransmission or other use is strictly prohibited. If you received this transmission in error, please notify the sender immediately and delete the material from your system. 5 , , ,��,ll,. . o .:, o City of Orono �• 2750 Kelley Parkway �, .�, , ,-� P.O. Box 66 � ��' A+ � �� �,�`" �„ Crystal Bay, MN 55323 ���, ���.���`�i � G�' (952) 249-4600 � �``����`�'� Fax: (952) 249-4616 EeH� FAX TRANSMISSION Date: October 2, 2007 Page 1 of 1 To: Marjorie Stewig , Twin Lake Design Group 763-682-2152 From: Evelyn Turner, City Planner eturner �ci.orono.mn.us 952-249-4623 Subject: Pool Permit for 4680 Creekwood Trail (Permit Application -A11464) Wetland Delineation Before the building official review building plans planning staff reviews building permit applications for zoning code compliance. We are unable to complete this review because there is no delineation of the wetland on the property. The excavation for the pool will trigger the requirement that the buffer area (35 feet from the edge of the wetland) meet certain standards or be improved to meet these standards. Without a delineation it is impossible to know where the buffer is. John Smyth of Bonestroo, the City's consulting engineer, indicates that he could delineate the wetland for $500. It would not be a delineation and a report that you could submit to the Minnehaha Creek Watershed District. It would only be a wetland boundary that could be utilized for buffers and setbacks to the wetland. It will be conservative meaning that if there is a question the stake will be placed on the high side. The delineation must be placed on a survey and a legal description provided. John indicates he could provide GPS coordinates for an additional $400. These coordinates could be sent to the surveyor to place on the survey. You could hire a delineator to make a full delineation and/or have the surveyor do the field survey. The choice is yours. If you have any questions please call me at 952- 249-4623. The costs need to be paid before the work is done. Please return a signed copy with the check. Also fax to me so John can put it on his schedule I agree to have Bonestroo provide a: Wetland delineation as described above. Cost $500 GPS coordinates of the wetland. Cost $400 And enclose a check for these costs. Owner �� � �125 ��� r9��r � �s GR-e.�- � , Memorandum � Bonestroo Date: 2335 Highway 36 W To: Evelyn Turner Project: 4680 Creekwood Trail 10/15/20 St.Paui,MN 55113 Q 7 Tel 651-636-4600 -- _ _ _- _ _ _- — — — — __ _ - — — Fax 651�36-1311 From: John Smyth, CWD Client: City or Orono www.bonestroo.com Re: Wetland Buffer Ortlinance Review Memo File No: 139-07000-1 Remarks: Per section 78-1601 of the Wetland Ordinance the proposed location and grading required for the pool will trigger wetland buffers and setback for the proposed project at 4680 Creekwood Trail. The property currently has one wetland that has a Manage 1 Classification. This classification requires a 35 foot vegetated buffer and 20 foot setback from the buffer. The proposed pool location is outside the required buffer and setback location antl meets the requirements of the ordinance. Buffer Condition and Requirements A site evaluation was completed on 8 October 2007 to determine the condition of the vegetation in the existing upland buffer. Currently a small portion of the buffer is turf grass and the remainder of the buffer has been left in a natural wootled condition. The wooded portion of the buffer currently contains buckthorn. According to Division 3 sec. 78-1605 turf grass and buckthorn are considered to be an undesirable plant species and should be removed from the buffer area. After the turf is removed it is required to be planted or seeded with native species. The applicant will need to provide a Management/Landscaping plan that includes the following: 1. Methotl proposed to be used to control buckthorn (MN DNR website source for options). All buckthorn removal should be done using hand tools as large equipment can further disrupt the wetland buffer. At a minimum buckthorn should be cut and the remaining stems should be treated with an approved herbicide following label instructions. Treating the cut stumps will help prevent regrowth of the buckthorn. 2. Method of establishing native vegetation in turf areas(MN BWSR Web Site— Publication: "Restoring & Managing Native Wetland and Upland Vegetation"source for options). 3. Species proposed to be seeded or planted. According to the ordinance Div. 3 Sec. 78- 1605 (3)the seed mix must contain at least 12 pounds(PLS) per acre of native prairie grass seed and 5 pounds(PLS) per acre of native wildflower seed. The grass mixture must contain a minimum of four species while the wildflower mixture must contain a minimum of five species. (MN BWSR Web Site—Publication: "Restoring &Managing Native Wetland and Upland Vegetation"source for options). / y • 4. Schedule of activities that are part of the management and establishment of vegetation. Existing Legal Nonconforming Structures and Requirements There is currently a blacktop driveway located within the required buffer of the wetlantl. This is considered a legal nonconforming structure. The applicant can either move the driveway or develop a plan that includes buffer flexibility. When existinq surfaces, like the driveway,or structures are within the area needed for the establishment of a buffer the applicant can be allowed Buffer Flexibility under 78-1608(3) Nonconformities(d) Buffer Flexibility. The wetland ordinance indicates that buffer flexibility needs to be approved by the City Council. If the applicant proceeds with Buffer Flexibility rather then moving the driveway I would recommend Buffer width averaging be done on the property to make up for the lost buffer. This is described under the section below which is Certificate of Survey Requirements. Certificate of Survey Requirements To be in compliance with the submittal requirements of the ordinance the Certificate of Survey needs to be updated to reflect the below requirements. 1. 35 foot buffer and 20 foot setback from buffer is required to be shown on the Certificate of Survey—This is accomplished by providing a boundary that is 35 feet from the wetland boundary and labeling as wetland buffer. Along a portion of the buffer it will need to be expanded beyond the 35 foot requirement to make up lost buffer for the driveway(refer to#3 below). A line should be shown on the drawing 20 feet from the upslope edge of the buffer and labeled as setback. 2. The label currently indicates Edge of Wetlands as Delineated by Bonestroo. This was not an official wetland delineation and shoultl not be labeled as a delineated wetland. This label should be revised to read "Edge of Wetlands as staked by Bonestroo". 3. The applicant will need to have the survey firm provide a plan that shows the total acres of buffer required by the code and where the buffer is being expanded to make-up for the acres of the buffer that is lost due to existing driveways. Restriction and Covenant for Wetland and Buffer Per Section 78-1611 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. Recommendations It is my understanding the applicant is requesting approval this week in order to have the construction begin for the proposed pool. Due to the pool being outside the proposed buffer and setback this could be approved with a condition that the certificate of survey, restriction and Page 2 of 3 .� i . covenants, and the management/landscaping plan as described in this memo are submitted for approval prior to October 24th. It is recommended that a cash escrow of$3,000 is providetl by the owner. It will be used for future compliance checks and restoration work, if necessary,to bring the buffer into vegetative compliance. Page 3 of 3 , Christine Mattson From: Christine Mattson Sent: Monday, February 07, 2011 11:37 AM To: 'Smyth, John R' Subject: 4680 Creekwood Trail / P11464 Hi John, Another mystery to solve. In October of 2007, a pool permit P11464 was applied for 4680 Creekwood Trail. Evelyn's notes on the permit and in conversations to you, indicate that the owners were given a wetland and wetland butter easement to sign. As far as I can tell, we never received a sign copy. Did you, by chance? Do you have any history/information you can provide on this? Thanks! Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical address) PO Box 66 Crystal Bay MN 55323-0066 (mailing address) � 952.249.4620 _= 952.249.4616 ?C cmattsonCa�ci.orono.mn.us ���� www.ci.orono.mn.us Office Hours: Monday - Friday 8:00 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Monday, February 21, 2011 (Observance of PresidenYs Day) i October29, 2007 Procedures and materials needed to establish native grasses and wildflowers and manage invasive species in the upland buffer for the Olsen Residence in Orono, MN A. Project overview: 1. The portion of the buffer that is currently turf grass will be treated with herbicide, seeded with native grasses and forbs, and protected with erosion control blanket. In this plan, this area will be referred to as the Herbaceous Buffer, and it is approximately 1500 square feet in size. 2. The portion of the existing wetland adjacent to the Herbaceous Buffer is vegetated with reed canary grass and will be treated with herbicide, seeded, and blanketed in sequence with the Herbaceous Buffer. In this plan, this area will be referred to as the Wetland Edge, and it is approximately 500 square feet in size. 3. The remainder of the wetland buffer is wooded, and much of it contains European Buckthorn. This area will be referred to as the Wooded Buffer in this plan. European Buckthorn will be removed from the existing wetland and the Wooded Buffer. 4. Two growing seasons of maintenance is included in this proposal, which includes various techniques for invasive species management in the Herbaceous Buffer, and fall oversprays in the Wooded Buffer and wetland to control buckthorn seedlings. B. Site Preparation (Herbaceous Buffer and Wetland Edge): 1. Apply RodeoO and Garlon 3A0 herbicide as per manufacturer's directions to actively growing non native vegetation. Allow a minimum of 20 days before disturbing the vegetation with other procedures. 2. If necessary, conduct a controlled burn to remove dead vegetation in the buffer area. If this is not possible, mow the dead vegetation. 3. Respray vegetation with RodeoOO herbicide when regrowth of vegetation reaches approximately 6" to 10" in height. Allow a minimum of 10 days before disturbing the vegetation with other procedures. 4. Lightly till the soil to create an open seedbed using a minitiller/ dethatcher. 5. Hand rake to create a smooth and firm seedbed. C. Seed and Seeding (Herbaceous Buffer and Wetland Edge): 1. Seeding dates shall be in the spring or summer before August 10`h or in the fall between September 20`" and freeze up. 2. All seed shall be applied by broadcasting. 3. A hand raking shall follow all grass seeding. 4. The seed mixes shall consist of the following species and amounts: The Wetland edge (the margin of the wetland) will be seeded with the following mixture: PRI Shoreline Grass mix: 35%Blue joint grass, 12%Fox sedge, 10%Pointed broom sedge, 8%Green bulrush, 7%Virginia wild rye, 5% Wool grass, 5%River bulrush,4%Fringed brome, 3%Soft-stemmed bulrush, 3%Giant bur-reed,2%Porcupine sedge,2%Bottlebrush sedge, 2%Torrey's rush,2%Cord grass all by bulk weight.......... ......1/4 Ib PRI Shoreline Forb mix: 14%Blue vervain, 13%Joe-pye weed, 12%Blue flag iris, 10%Sweet flag 10%Tall blazing staz,5%New England aster,5%Boneset,�%Black-eyed Susan, 5%Tall meadow rue,5%Ironweed,2%Water plantain,2%Swamp milkweed, 2%Panided aster,2%Giant sunflower,2%Arrowhead, 1%Red-stalked aster, 1%Grass-leaved goldenrod, 1%Sneezeweed, 1%Great St.John's wort, 1%Mountain mint,0.5%Great blue lobelia, 0.5%Monkey flower,ail by bulk weight.....................................................1 oz The Herbaceous Upland Buffer will be seeded with the following mixture: PRI Savanna Grass mix: 33%Little bluestem, 10%Side oats grama, 5%Big bluestem, 2%Canada wild rye,2% Indian grass by PLS weight. 35%Kalm's brome, 8%June grass, 3%Bottlebrush grass,2%Silky wild rye by bulk weight..............1 Ib PRI Savanna Forb mix: 18%Hoary vervain 17%Purple prairie clover, 10%Black-eyed Susan, 7%White prairie clover,5%Fragrant giant hyssop,5%Leadplant, 5%Azure aster,4%Bush clover,4%Rough blazing staz, 3%Stiff tickseed,3%Gray goldenrod,3%Golden Alexander, 2%Heath aster,2%Wild bergamot,2%Showy penstemon, 2%Prairie cinquefoil,2%Stiff goldenrod,2%Showy goldenrod, 1%Yarrow, 1%Canada tick trefoil, 1%Wild rose, l%Missouri goldenrod,all by bulk weight.............................................................3 oz Note: A wheat or oat cover crop will be sown along with the native grasses at a rate of approximately 20 lbs/acre. Wheat and oats are annual grass species that germinate quickly and will reduce the risk of soil erosion on the site. D. Erosion Control: 1. Cover crop will be sown along with the native grasses. 2. Straw erosion blanket (S 150 or equivalent) should be applied as per manufacturer's directions to the seeded area. E. Buckthorn Removal (Wooded Buffer): 1. All European Buckthorn (Rhamnus cathartica) will be flush cut and slashed so that it lays flat on the ground. 2. Buckthorn seedlings will be mowed with weed whips using brush blades. 3. All stumps over 0.5 inch in diameter will be treated with Garlon 4 to prevent resprouting. F. Maintenance: Herbaceous Buffer: Year Projected Management Procedures 1 Complete site mowings to control annual weed canopy (2 to 3 mowings may be needed). Integrated Plant Management(IPM)- spot spraying, spot mowing, hand weeding, etc. (3-5 visits) 2 Complete site mowing(1 mowing may be needed). IPM (3-5 visits) Wooded Buffer: Year Projected Management Procedures 1 Buckthorn overspray 2 Mowing(if needed) Buckthorn overspray G. Materials & Maintenance List: Herbaceous Buffer: Site preparation (includes spraying, burning, tilling, raking, as needed) Seed and seeding of buffer Erosion blanket(220 sq yds) Wooded Buffer: Buckthorn removal Stump treatment Estimated maintenance for the herbaceous buffer: Growing season 2008 Growing season 2009 Estimated maintenance for the wooded buffer: Growing season 2008 Growing season 2009 Please note: Maintenance is typically billed on a time and materials basis. Work is billed upon completion until the site's maintenance needs are met(the yearly estimate is not exceeded without prior approval). Also note that the first three years of a restoration are the most crucial in terms of needed maintenance. Typically, costs decrease once the restaration reaches a relative level of maturity (after the 3`d or 4th growing season) H. Guarantee: Prairie Restorations, Inc. (PRI) has a great tradition of successfully installing native landscapes throughout the Upper Midwest. We feel our expertise in this industry is second to none and we stand behind every one of our projects. Because we are confident in our abilities to provide you with the best possible materials and services, we are proud to offer the following guarantee: On projects installed by PRI crews within the specified dates, we will guarantee successful establishment within three full growing seasons, given the following conditions: 1. That PRI materials and PRI installation services are used on the project. 2. That the failure of the project is not due to the actions of others. 3. That PRI staff has been consistently involved with the maintenance of the project (consultation with the client or direct utilization of PRI management services)from the time of germination until the end of the third growing season (i.e. mowing, spot spraying, controlled burning). This outline provides a step-by-step plan for accomplishing the restoration of this site. If successful establishment does not occur within three full growing seasons, all necessary steps will be taken to ensure the eventual success of the project, at no additional charge. For purposes of this guarantee, successful establishment is defined as follows: That the presence of at least 7�% of the original seeded or planted species can be found on site, and that the overall density of vegetation is comprised of no less than 7�%native species. I. Contract: If you accept the proposal as written and want to proceed with the project, please sign the contract below and return via mail or fax to 763-631-9453. Owner• Date• Signed• Title• Project: Contract Value: $ Contractor: Prairie Restorations, Inc. Signed• Date• Josh Richardson Wetland and Shoreline Sales Prairie Restorations, Inc. P.O. Box 327 Princeton, MN 55371 Valid Dates: Please note that this proposal is valid for 12 months (from the date on the proposal). If the proposal is accepted after the 12 month period, PRI reserves the right to modify the proposal based on cost fluctuations and material availability. � ��� City of Orono 0 =:, � 2750 Kelley Parkway ��'" � P.O. Box 66 '��`�:� �,� ��, ,�`i��a�'�'"'� G�ti Crystal 8ay, MN 55323 �I� ��Y (952) 249-4600 ��� �,4� �Lsso Fax: (952) 249-4616 Date: November 1, 2007 To: John Smyth From: Evelyn Turner 952-249-4623 eturner@ci.orono.mn.us Subject: Buffer Plans —4680 Creekwood Trail Here is the buffer improvement plan and the survey. I realize there is no legal description for the buffer but take a look and see what else is wrong. October?9, 2007 Procedures and materials needed to establish native grasses and wildflowers and manage invasive species in the upland buffer for the Olsen Residence in Orono, MN A. Project overview: 1. The portion of the buffer that is currently turf grass will be treated with herbicide, seeded with native grasses and forbs, and protected with erosion control blanket. In this plan, this area will be referred to as the Herbaceous Buffer, and it is approximately 1500 square feet in size. 2. The portion of the existing wetland adjacent to the Herbaceous Buffer is vegetated with reed canary grass and will be treated with herbicide, seeded, and blanketed in sequence with the Herbaceous Buffer. In this plan, this area will be referred to as the Wetland Edge, and it is approximately �00 square feet in size. 3. The remainder of the wetland buffer is wooded, and much of it contains European Buckthorn. This area will be referred to as the Wooded Buffer in this plan. European Buckthorn will be removed from the existing wetland and the Wooded Buffer. 4. Two growing seasons of maintenance is included in this proposal, which includes various techniques for invasive species management in the Herbaceous Buffer, and fall oversprays in the Wooded Buffer and wetland fo control buckthorn seedlings. B. Site Preparation (Herbaceous Buffer and Wetland Edge): l. Apply RodeoOO and Garlon 3AOO herbicide as per manufacturer's directions to actively growing non native vegetation. Allow a minimum of 20 days before disturbing the vegetation with other procedures. 2. If necessary, conduct a controlled burn to remove dead vegetation in the buffer area. If this is not possible, mow the dead vegetation. 3. Respray vegetation with RodeoOO herbicide when regrowth of vegetation reaches approximately 6" to 10" in height. Allow a minimum of 10 days before disturbing the vegetation with other procedures. 4. Lightly till the soil to create an open seedbed using a minitiller/ dethatcher. 5. Hand rake to create a smooth and firm seedbed. C. Seed and Seeding (Herbaceous Buffer and Wetland Edge): 1. Seeding dates shall be in the spring or summer before August l Ot" or in the fall between September 20t" and freeze up. 2. All seed shall be applied by broadcasting. 3. A hand raking shall follow all grass seeding. 4. The seed mixes shall consist of the following species and amounts: The Wetland edge (the margin of the wetland) will be seeded with the following mixture: PRI Shoreline Grass mix: 35%Blue joint gass, 12%Fox sedge, 10%Pointed broom sedge, 8%Green bulrush, 7%Virginia wild rye, 5%Wool;rass, 5% River bulrush,4%Frin�ed brome, 3%Soft-stemmed bulrush, 3%Giant bur-reed,2% Porcupine sedbe,2% Bottlebrush sedge, 2%Torrey's rush,2%Cord�rass all by bulk weight.......... ......1/4 Ib PRI Shoreline Forb mix: 14%Blue vervain, 13%Joe-pye weed, 12%Blue tlag iris, 10%Sweet flag, 10%Tall blazing star,5%New England aster,5%Boneset.5°�o Black-eyed Susan, 5%Tall meadow rue,5%lronweed,2%Water plantain.2%SH�amp milkweed. 2°io Panicled aster,2%Giant sunflower,2%Arrowhead, 1°ro Red-stalked aster, I%Grass-leaved goldenrod, 1%Sneezeweed, 1%Great St.John�s wort, 1°io Mountain mint,0.5%Great blue lobelia, 0.5%Monkey flower.all by bulk weight.....................................................1 oz The Herbaceous Upland Buffer will be seeded with the following mixture: PRI Savanna Grass mix: 33%Little bluestem, 10%Side oats b ama, 5% Big bluestem, 2%Canada wild rye,2%Indian grass by PLS weight. 35%Kalm's brome, 8%June grass, 3% Bottlebrush grass,2%Silky wild rye by bulk weight.............. 1 Ib PRI Savanna Forb mix: 1846 Hoary vervain 17%Purple prairie clover, 10%Black-eyed Susan. 7%White prairie clover,�%Fragrant diant hyssop.�°ib Leadplant, �%Azure aster,4%Bush clover,4%Rough blazinc star, 3%Sliff tickseed,3%Gray goldenrod,3%Golden Alexander. 2%Heath aster,2%Wild ber�amot,2%Showy penstemon, 2%Prairie cinquefoil,2%Stiff aoldenrod,2%Showy goldenrod. 1%YarroN�, 1%Canadaticktrefoil, 1%Wildrose, 1%Missouri goldenrod,all by bulk weight..............................................................3 oz Note: A wheat or oat cover crop will be sown alon�with the native grasses at a rate of approximately 20 lbs/acre. Wheat and oats are annual grass species that germinaCe quickly and will reduce the risk of soil erosion on the site. D. Erosion Control: 1. Cover crop will be sown along with the native grasses. 2. Straw erosion blanket(S 150 or equivalent) should be applied as per manufacturer's directions to the seeded area. E. Buckthorn Removal (Wooded Buffer): 1. All European Buckthorn (Rhamnus cathartica) will be flush cut and slashed so that it lays flat on the �round. 2. Buckthorn seedlings will be mowed with weed whips using brush blades. 3. All stumps over 0.5 inch in diameter will be treated with Garlon 4 to prevent resprouting. F. Maintenance: Herbaceous Buffer: Year Projected Management Procedures 1 Complete site mowings to control annual weed canopy (2 to 3 mowings may be needed). Integrated Plant Management(IPM) - spot spraying, spot mowina, hand weeding, etc. (3-5 visits) 2 Complete site mowing(1 mowing may be needed). IPM (3-5 visits) Wooded Buffer: Year Projected Management Procedures 1 Buckthorn overspray 2 Mowing(if needed) Buckthorn overspray G. Materials & Maintenance List: Herbaceous Buffer: Site preparation (includes spraying, burning, tilling, rakin� as needed) Seed and seeding of buffer Erosion blanket(220 sq yds) Wooded Buffer: Buckthorn removal Stum� treatment Estimated maintenance for the herbaceous buffer: Growinb season 2008 Growin�season 2009 Estimated maintenance for the wooded buffer: Growing season 2008 Growing season 2009 Please note: Maintenance is typically billed on a time and materials basis. Work is billed upon completion until the site's maintenance needs are met(the yearly estimate is not exceeded without prior approval). Also note that the first three years of a restoration are the most crucial in terms of needed maintenance. Typically, costs decrease once the restoration reaches a relative level of maturity (after the 3`d or 4t" growing season) H. Guarantee: Prairie Restorations, Inc. (PRI) has a great tradition of successfully installing native landscapes throughout the Upper Midwest. We feel our expertise in this industry is second to none and we stand behind every one of our projects. Because we are confident in our abilities to provide you with the best possible materials and services, we are proud to offer the following guarantee: On projects installed by PRI c�ews within the specified dates, we will guarantee successful establishment within three full growing seasons, given the following conditions: 1. That PRI materials and PRI installation services are used on the project. 2. That the failure of the project is not due to the actions of others. 3. That PRI staff has been consistently involved with the maintenance of the project (consultation with the client or direct utilization ofPRl management services)fi�om the time of ger•mination until the end of the third growing season (i.e. mowing, spot spraying, cont��olled hurnin�. This outline provides a step-by-step plan for accomplishing the restoration of this site. If successful establishment does not occu�•within three,full growing seasons, all necessary steps will be taken to ensure the eventual success of the project, at no additional charge. For purposes of this guarantee, successful establishment is defined as follows: That the presence of at least 75% of the oNiginal seeded or planted species can be found on site, and that the overall densiry of vegetatiorr is comprised of no � less than 75% native�species. I. Contract: If you accept the proposal as written and want to proceed with the project, please sign the contract below and return via mail or fax to 763-631-9453. Owner• Date• Signed• Title• Project: Contract Value: $ Contractor: Prairie Restorations, Inc. Signed: Date: Josh Richardson Wetland and Shoreline Sales Prairie Restorations, Inc. P.O. BOX J�7 Princeton, MN 55371 Valid Dates: Please note that this proposal is valid for 12 months (from the date on the proposal). If the proposal is accepted after the 12 month period, PRI reserves the right to modify the proposal based on cost fluctuations and material availability. DO NOT SCHEDULE FINAL FOR POOL OR POOL HOUSE AT 4680 CREEKWOOD TR.AIL UNTIL THE WETLAND BUFFER HAS BEEN INSPECTED BY JOHN SMYTH AND THE WETLAND EASEMENT AND COVENANT HAS BEEN RECEIVED. ET�,8�o8 � C � r� � . ,�- �c�� ���`�� Page 1 of 1 Evelyn M. Turner . __ _ _ _ . _ _ ._ . ____ From: Smyth, John R [John.Smyth@bonestroo.com] Sent: Tuesday, November 13, 2007 11:02 AM To: Evelyn M. Turner Cc: Melanie Curtis Subject: 4680 Creekwood Trail -Approval of Submittals Hi Evelyn, I have reviewed the new survey dated 10/24/07 provided by Gronberg and restoration plan for the buffer prepared by Prairie Restoration for the above referenced project and they both are in compliance with the City's Wetland Ordinance. The only remaining item that needs to be completed is the restrictions and covenants over the wetland and buffer to be recorded with the chain of title. I would recommend sending the City's from to the applicant and telling the applicant to have Gronberg fill out the form. Once they complete the restrictions and covenants they will meet all of the conditions of the 10-15-07 memo. Let me know if you need anything else or have questions. John John Smyth Associate Te1651-604-4708 Cell 651-775-5104 john.smyth@bonestroo.com � Bonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com CONFIDENTIALITY NOTICE: The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designated recipient(s). It is not intended for transmission to,or receipt by,any unauthorized person.The use, distribution,transmittal or re-transmittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail. If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney-client or work-product privilege. 12�12�20�� f Christine Mattson From: Smyth, John R [John.Smyth@bonestroo.com] Sent: Monday, February 07, 2011 12:16 PM To: Christine Mattson Subject: RE: 4680 Creekwood Trail/ P11464 Attachments: JS_Evelyn Turner^4680 Creekwood Trail e-mail regarding status pdf^10-15-07.doc.pdf Hi Christine, It looks like our notes match. Per the attached e-mail we were waiting for the easement documents to be signed. I did not receive a copy, however I often do not get a copy of these documents so it does not mean the City may not have received it. We should have a $3,000 escrow. Need to verify buffer work has been completed per the approved plan. I will review this site the same day I look at the high school site. If the easements are submitted and the buffer work is confirmed to be completed we may be able to close out this project for compliance this spring. Let me know if you need anything else. John John Smyth Associate Direct 651-604-4708 CeII 651-775-5104 john.smyth@bonestroo.com �BonQstroo Visit the new Bonestroo.com to sign-up for SourceONE, our upcoming newsletter. From: Christine Mattson [mailto:CMattson@ci.orono.mn.usl Sent: Monday, February 07, 2011 11:37 AM To: Smyth, John R Subject: 4680 Creekwood Trail / P11464 Hi John, Another mystery to solve. In October of 2007, a pool permit P11464 was applied for 4680 Creekwood Trail. Evelyn's notes on the permit and in conversations to you, indicate that the owners were given a wetland and wetland butter easement to sign. As far as I can tell, we never received a sign copy. Did you, by chance? Do you have any history/information you can provide on this? Thanks! Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physical address) PO Box 66 Crystal Bay MN 55323-0066 (mailing address) � 952.249.4620 � 952.249.4616 i . j. �! cmattson(c�ci.orono.mn.us � www.ci.orono.mn.us Office Hours: Monday - Friday 8:00 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Monday, February 21, 2011 (Observance of President's Day) CONFIDENTIALITY NO_�_.....,._ x_ ,_. __ m m __ � _� _ . W _. .. .. ._. ....� n.,_�_ __,..,._ .___�_._ _.___,a...,________._.. ��� TICE:This e-mail is confidential and may contain Iegaily privileged infonnation. If you are not the intended recipient.you should not copy, distribute,disclose or use the information it contains.please e-rnail the sender immediately and delete this rnessage frorn your system. Note:e-mails are susceptible to corruption,interception and unauthorized amendment;we do not accept liability for any such changes,or for their consequences.You should be aware that we may monitor your e-mails and their content. 2 , + Memorandum �Bonestroo 2335 Highway 36 W SL Paul,MN 55113 - ---- _ _ -- -- To: Christine Mattson, Project: 4680 Creekwood Te�6s�-636-�00 Melanie Curtis Trail Date: 7-22-11 Fax 651-636-1311 From: John Smyth Client: Orono www.bonestroo.com Re: Wetland Code Compliance Check File No.: 139-08000 The landowner has not completed the required wetland buffer improvement work that was part of the approved plan. This included removal of turf and conversion to native vegetation in one area as depicted on the Gronberg 10-24-2007 survey. In addition the work within the buffer improvement plan date October 29, 2007 titled"Procedures and materials needed to establish native grasses and wildflowers and manage invasive species in the upland buffer for the Olsen Residence in Orono, MN" provided by the applicant and written by Prairie Restoration Inc. has not been completed. The escrow cannot be returned until this work is completed. The landowner should provide a schedule for having the approved buffer work completed. f + � + ' � ;� 3� ��. . � Y. � . '1��i rf J' ,y ; f r i,{"�� 'I'���^a+ .F- � ����T''L 4.x .r+ � �...''�.. i � }Jr , .. �' '_ � � - �' . ,�: _ �, �R ,�;� , .,� �. � �r � ��."�.r �.�., ��, � � � x , ` �.'"r�,"�. ��r�.� - � �e�.e�v�, Y�y .r ". ' �y y`,�.c� ' ��'"�* '.��``�x ' �.,��; ��{ '�'.rt� - '� �t � "'?^v�"�'�`�{,��*���'"*. ,r,?"`�''4F�,,� ~ r� ..�� : ' 'k ` " �'�' s � 'd._ ���'��� �>� ,� '�a • f - - �'' .�, .; �-:�►� •M "'. �- }" .��� Y � '' � F � � �„ . .��� ,t`^ +b ..�. 'A s,�: ... �_���. { t � �, � _ .r �_t. � � S � � 'R'�'��] .�,"6��4��`�" % �� .�� , ' Sd. . , �' , •,s,��,,�yf._ .. , r3 ,T��-'`�'" �-;, � +°i�� �, "vy ,�� ..-�y�i .._ � . ��,,,=,.yf �-�y. � 1 _ .,�`. ,-5. ��:L ��l.:�' � � �•�. � . � �• �'- -� µ ` � � ��� ` ���.r ..Y ..o-.;-; �,a _ +�a..��i.. . , '�_'� �� _F'S. ".'�'. �:��> � :�� �j� `♦ ��� �, � C�,.� :'.�E TM .!!4�„y'' .i� . �. . � �}�,..'. ! +�4��e�'1 i' y '� . .� . ! � 11� � '^' �' ' i}�i ` r�r"- � %� ; .�� w. .w ! �,. � ','1�. ��;� .' Y�.� � . � � ..L �l+� � � Fl .�.v � �. �'. e�'"R P �yR '�' � 7�. . � ` `'4M��zt� -.-' _�il ��rt-< � t.- . '�C'�t ,� "�i.�aM '�R. �"�!:t� � y e1� .n a - +1 t �+ -p \ "�1'� �±�! ./ .el� �'��r..��=��� l �p i/o � ,•� �".'y�a d� t �"� �� ,!�yZtt J � �' ,• j,� � �:��_�.n. fia� u..+as�C�� -t' � ��S�itw�. Alr Buckthorn to be removed and native vegetation seeded in the buffer per approved plan. K:\139\13907000\Word\Work_In_Progress\Wetland Ordinance Compliance\4680 Creekwood 7rail\CM&MC_JS^4680 Creekwood TraiU-22-11 compliance check.docx [TNS 06-2010] Page 1 of 2 :� :� _ ,,�,� ��, . �� _ > ..m , : '����. �'� ��; ���� ~� ���,-� �;, , �,�.�� ,. '.; ...:s: ;�'� ��s�� , .� ,,;...�'�, _ %_.�'x���� �A ,i'�,'R• �-�� � �� ��p.:. � r��_ x , �, „�.,r tm,, �� .. v., '""�" ��:.,. i:.,w � ,,..._,r..� . � ..iea: . .. . -' t... . -. _._.. .. J .�" � .......__ . . .,... . y��,���r*• . . ��►-�9�053�'� wt •`'���'i. .._., , �- �. ��. . .. Turf to be removed and converted to native vegetation per approved plan K:\139\13907000\Word\Work_In_Progress\Wetland Ordinance Compliance\4680 Creekwood Trail\CM&MC_JS^4680 Creekwood Trail 7-22-11 compliance check.doac [TNS 06-2010] Page 2 of 2 Page 1 of 1 Evelyn M. Turner From: Evelyn M. Turner Sent: Monday, October 01, 2007 2:52 PM To: 'Smyth, John R' Subject: 4680 Creekwood Trail John: This is the swimming pool project where you quoted me $500 to do a "conservative" delineation and $400 more to GPS it. I need to put it in writing for the landscape designer and the owners. Would this be a delineation with a report that would be accepted by the MCWD or something that would be valid for this purpose only? The owners received the attached when they were inquiring into having a delineation done a couple of years ago. I don't know if they tell you anything you didn't already know. I got excited when the landscape designer mentioned them (after I had spent 20 minutes explaining what needed to be done). I had hopes there was already a delineation. But not. Thanks Evelyn From: MIKE MARJORIE STEWIG [mailto:twinlakedesigngroup@msn.com] Sent: Monday, October O1, 2007 2:23 PM To: Evelyn M. Turner Subject: 10-01-2007 02;03;49PM.pdf Evelyn, Please review material sent and let me know John's response. I have a call into Gronberg & Assoc. to find what he prefers as far as marking the GPS coordinates located by John, your Wetland Counsel, or locating them himself to place on survey. I will look forward to hearing from you soon. Marjorie Stewig 10/1/2007 Page 1 of 1 Evelyn M. Turner _ _ . __ From: Smyth, John R [John.Smyth@bonestroo.com] Sent: Tuesday, September 25, 2007 5:08 PM To: Evelyn M. Turner Subject: RE: Delineation needed? Evelyn, I wound recommend not using a contour line. I would recommend when i visit the site I will install some lath with pink flagging along the wetland edge that denotes a conservative wetland boundary (means if there is a question the stake will be placed on the high side). This will not take long. They should have a surveyor shoot the boundary and put it on the plans OR I can shoot the boundary with our GPS unit and provide it to their surveyors with an additional cost of $400 for a total cost of $900 versus $500. What are your thoughts. John Smyth Associate Tel 651-604-4708 Cell 651-775-5104 john.smyth@bonestroo.com n Bonestroo From: Evelyn M. Turner [mailto:ETurner@ci.orono.mn.us] Sent: Tuesday, September 25, 2007 4:46 PM To: Smyth, John R Subject: Delineation needed? John: At 4680 Creekside Trail they are proposing to construct an inground pool, which will trigger the buffer improvement requirements for a wetland on the property adjacent to Painters Creek (see attached survey. The house was built in 1990 so even if there were a wetland delineation on file it would be out of date. Looking at the topo) it appears there is a slope down to the wetland. Would it be possible to forgo a delineation and use the bottom of the slope as the edge of the wetland? If this is possible, please visit the site to determine the condition of the buffer (35'). If not, let me know and I'll tell them to get one. Thanks Evelyn The application number is A 11464. 10/1/2007