HomeMy WebLinkAbout2016-09-27 Brown's Creek Watershed District Permit 16-08 B RC) W S
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BROWN'S CREEK WATERSHED DISTRICT
PERMIT NO. 16-08
Brackey 4th Addition,Oak Park Heights,MN
Property Owner: Krueger Lane LLC Date: September 27,2016
Representative: Vincent Driessen Telephone: 612-202-9752
Address: 4999 France Ave, Suite 216
City/Zip: Minneapolis,MN 5410
Email: vdriessen@driessengroup.com
Project Location: Commercial subdivision and development project at the intersection of 60th Street
North and Krueger Lane in Oak Park Heights, MN.
Affected Rules: Storm water Management(2.0)
Erosion Control (3.0)
Floodplain Management(7.0)
Work Authorized: Permission is granted to do the work described in the documents referenced in Table 1 and
consistent with those documents as amended by the terms of this permit. In the event of inconsistencies, the
terms of this permit shall prevail, followed by the more recent document. Any ambiguity shall be resolved in
the manner that best furthers the water resource goals and purposes of Minnesota Statutes Chapters 103B and
103D
Materials Submitted: Table 1
Materials/Documents Date Revised
Application Form May 16,2016 --
Construction Plans May 10,2016 August 23,2016
Existing and Proposed 8 HydroCAD Model May 10,2016
Declaration September 21,2016
Escrow September 21,2016
Managers:
Craig Leiser.President • Connie Tailion,Treasurer • Gerald Johnson,Secretary
• Gail Pundsack.Vice-President • Sharon Schwarze.Vice-President
General Conditions:
I. This permit is a determination that the proposed activity, if conducted in accordance with the conditions herein,
shall comply with the rules and requirements of the BCWD. It does not constitute a finding that the activity complies
with the requirements of any other local, state or federal agency, nor does it convey any property or other right to the
applicant in the permitted activity or the land on which it is to occur. The applicant is responsible for complying with the
requirements of all agencies other than the BCWD, and for ensuring that it holds all property and other rights as are
necessary to carry out the permitted activity.
2. This permit shall expire one year from the date of issuance unless renewed in accordance with Section 1.0 of the
BCWD Rules. No work subject to the terms of the permit may be conducted after permit expiration. The permit may be
transferred only in accordance with Section 1.0.
3. The Owner shall grant access to the site at all reasonable times before, during and after construction to authorized
representatives of the BCWD for inspection of the activities authorized hereunder and compliance with the requirements
of this permit,the BCWD Rules and the statutes relevant thereto. This right of access shall be in addition to the access
authority of the BCWD under existing law.
4. By issuing this permit, the BCWD does not direct the activity authorized herein or warrant the soundness of the
applicant's design or methods in any respect. The BCWD waives no immunity or protection applicable to itself, an
officer,an agent or an employee pursuant to this approval.
5. The address of the applicant as indicated on the permit application shall be the address for any mailing or notice by
the BCWD in administering this permit.
6. Before commencing any activity covered by this permit, the permittee shall sign the permit, indicating familiarity
with its terms; transmit the signed copy to the BCWD by delivery, mail or fax; and confirm BCWD receipt thereof and
payment of all fees and sureties due in accordance with section 8.
Special Conditions:
I.Permit to be issued upon meeting the Recommended Conditions of the Permit as set forth and in the memo to the
BCWD Board of Managers, dated August 4, 2016, on the Brackey 4tb Addition from Camilla Correll and Ryan
Fleming, EOR. Stipulations of Approval are also required. Said memo is attached herein and incorporated into
the permit.
a. Permittee will notify the District in writing at least three business days before commencing land
disturbance.
b. Provide the District with As-built record drawings showing that the completed grading conforms to the
gradin la
(
Approved by Date: � 0� 2
Distric A tstrator
I hereby state that I am the owner of the property on which the work authorized by this permit is to
occur, or am the authorized agent of said owner, and that I have read and understand the terms of the
permit and/ the permittee' esponsibilities hereunder.
U1 /
,(j0.4.(,- Date:
[Signature]/"
IA I-444 i ‘Cifile I '
[Print name,title and organization
Managers:
Craig Leiser.President • Connie Taillon.Treasurer • Gerald Johnson,Secretary
• Gail Pundsack,Vice-President • Sharon Schwarze.Vice-President
memo E0
(T)651.770.8448 I (F)651.770.2552 www.eorinc.com
Date I August 4, 2016
To I BCWD Board of Managers and Karen Kill,Administrator
CC I Driessen Group LLC (Applicant)and Michael Brandt(Authorized Agent)
From I Camilla Correll, PE; Ryan Fleming, PE
Regarding I Permit Application No. 16-08 Brackey 4th Addition
Engineers Report
The following review of the above mentioned project located within the legal jurisdiction of the Brown's
Creek Watershed District (BCWD) was conducted to determine compliance with the BCWD rules for
purposes of the engineer's recommendation to the Board of Managers for its determination of the permit
application.
Applicant: Driessen Group LLC
Permit Submittal Date: June 17, 2016
Completeness Determination: July 8, 2016
Board Action Required By: September 6, 2016
Review based on BCWD Rules effective May 1, 2007
Recommendation: Approve with Conditions
GENERAL COMMENTS
The Oak Park Heights Retail Development (Brackey 4'h Addition) is a commercial subdivision and
development project at the intersection of 60th Street North and Krueger Lane in Oak Park Heights, MN.
The site includes the majority of the Menards Pond which is a regional stormwater management facility
but because it is within the proposed development site is analyzed in this report as an onsite facility.
Menards Pond drains to Long Lake(an impaired waterbody) which is located 0.6 miles to the northwest
of the site. The site is located within the area covered by the TSMP Cooperative Agreement. In
accordance with the terms of the agreement, the City of Oak Park Heights has consented to the
implementation of BCWD's 2007 rule updates—in particular,the stormwater volume-control standard in
section 2.4.1(b)—to land within the geographic scope of the agreement. Still,the TSMP facility provides
capacity for purposes of the proposed project for the 1.5 year event volume control standard of the
BCWD Rules from 2000. In addition,the site is located in the Oak Park Heights Drinking Water Supply
Management Area,making infiltration infeasible.
Under proposed conditions, the subject property will be subdivided into three retail lots: two located on
the north side of the property and one on the south side of the property. The three buildings will be
constructed on the separate lots,and there will be a remaining undeveloped outlot in the NE corner of the
site that may be developed into a retail site at a later date. (Presently temporary easement restrictions
preclude development.) The stormwater management plan designed for the proposed project provides for
management of drainage from the NE outlot with an assumption of 85% impervious coverage .
Drainage from the site is designed to sheet flow from the parking lots to tree trenches and curb cuts which
discharge to Menards Pond. Approximately 50% of the site's runoff is captured and treated by tree
trenches and a pretreatment device(Stormceptor)prior to discharging into a filtration basin located on the
east side of the project area. This filtration basin has been designed to manage stormwater runoff from
Outlot A which is located directly to the north of the facility(as noted above). To protect the stormwater
EOR is an Equal Opportunity Affirmative Action Employer
Emmons&Olivier Resources,Inc. 651 Hale Avenue North Oakdale,Minnesota 55128
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T)651.770 8448 tF,651 770 2552 www.eon nc.cam
management facilities during construction, the site will be constructed in two phases: this will facilitate
keeping stormwater BMPs off-line while the contributing drainage area is constructed and stabilized.
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Rule 2.0—STORMWATER MANAGEMENT
According to Rule 2.2 (b) the proposed project triggers the application of Rule 2.0 Stormwater
Management because it is non-residential development creating impervious surface that, in the aggregate,
exceeds either one acre of five percent of the site.
Rate Control
According to BCWD Rule 2.4.1, part (a), an applicant for a stormwater management permit must
demonstrate to the District that the proposed land-altering activity will not increase peak stormwater flow
from the site, as compared with the pre-settlement condition, for a 24-hour precipitation event with a
return frequency of two, 10,or 100 years for all points where discharges leave the site.
o Rule Requirements Met
The Menards Pond was designed to provide rate control for the contributing drainage area assuming a
developed curve number of 92, and information submitted by the applicant supports the conclusion that
the pond continues to provide capacity consistent with the original design. Therefore, the stormwater
plan for the proposed development must provide onsite control of the difference in rate between the pre-
settlement condition(2007 Rules)and the pre-development condition(2000 Rules).
Table I illustrates how the proposed stormwater management plan meets the District's rate control
requirement:
•
Table 1.Summary of Rate Control Analysis
24-Hour Rainfall Event Required rate reduction' Proposed Rate reduction(less than
regional pond inflow design)
2-year 0.52 cfs 3 cfs
10 year 1.17 cfs 4.6 cfs
100 year 2.11 cfs 5.84 cfs
Volume Control
According to BCWD Rule 2.4.1, part (b), an applicant for a stormwater management permit must
demonstrate to the District that the proposed land-altering activity will not increase stormwater flow
volume from the site, as compared with the pre-settlement condition, for a 24-hour precipitation event
with a return frequency of two years, or five years within a landlocked basin or a subwatershed draining
to a landlocked basin.
o Rule Requirements Met
The TSMP Cooperative Agreement provided that land-disturbing projects within the geographic area to
which the agreement applies would be deemed to comply with the volume-control requirement in 2.4.1(b)
of the 2000 BCWD rule by operation of the TSMP facility, and precluded application of the higher 2007
volume standard to work within the geographic scope of the agreement unless the city agreed. Oak Park
Heights has concurred with the application of the 2007 volume standard within the portion of the TSMP
geographic scope within the city. The 2007 Rules implement a higher volume-control standard than the
Difference between the pre-development rate(met by the TSMP facility)and preseulenrent rate(applicable
now,per paragraph 2.4.Ia).
Emmons&Olivier Resources,Inc. 651 Hale Avenue North Oakdale,Minnesota 55128
rnemo Cont T1651.770.8448 [Fi 651 770.2552 www eoiinc corn
2000 rules (i.e., require more volume control); because the TSMP continues to provide volume control to
the 2000 standard, the project must provide volume control to meet the difference in the two standards.
The required infiltration volume is the difference between the 1.5 year 24-hour rainfall event volume from
the pre-development site conditions with 5% impervious surface and the 2-year 24-hour runoff volume
from the pre-settlement site conditions. For this site, the required infiltration volume is 2,090 cubic feet.
Because the site is located in the Oak Park Heights Drinking Water Supply Management Area,
stormwater infiltration to meet the District's volume control standard is not feasible. The stormwater-
treatment system for the site has been designed to maximize evapotranspiration (ET) by locating tree
trenches along portions of the perimeter and in parking-lot islands. These tree trenches have been
designed with curb cuts to allow stormwater runoff to enter the BMP, depressional storage to hold the
water, an engineered soil to provide conditions amenable for plant establishment and draintile to limit
the infiltration of stormwater in the Drinking Water Supply Management Area. ET calculations were
performed using guidance provided by the Minnesota Pollution Control Agency. One of the assumptions
in determining the ET from the vegetation being proposed on the site is that the perennials are 100%
mature and the trees are 40%mature. This provides a conservative estimate by calculating the ET at a
fraction of full maturity.
While the evapotranspiration (ET)calculations demonstrate that the tree trenches provide approximately
2,000 cubic feet of ET every three days, all of the vegetation used to generate these results is not located
in tree trenches (areas with depressional storage and amended soils). However, the amount of
depressional storage provided by the tree trenches equates to 2,800 cubic feet and the filtration basin
provides an additional 14,000 cubic feet of storage, allowing for storage of the remainder of the required
volume until it can be taken up by the trees and plant material.
Pollutant Loading
According to BCWD Rule 2.4.1, part (c), an applicant for a stormwater management permit must
demonstrate to the District that the proposed land-altering activity will not at the down gradient property
boundary,increase annual phosphorus loading as compared with the pre-development condition.
❑ Rule Requirements Met
The Menards Pond was designed to meet and continues to provide treatment meeting the water-quality
standard in the District's 2000 Rules. The 2007 Rules implemented a change in the water quality
standards; therefore the project must provide water quality treatment to meet the difference between the
Iwo standards.
The requirement under the 2007 Rule is to provide no increase in phosphorous load at the downgradient
property boundary requirement; i.e., 84% removal efficiency. For this site, the post-development
untreated load to Menards Pond is 6.8 lb/yr, resulting that the site would have to provide 5.7 lb/yr of
water quality treatment to meet the 2007 Rules.
The Menards Pond was shown in the Long Lake Management Study to provide 36% phosphorous
removal;equating to removal of 2.4 lbs/vr qf to meet the 2000 Water Quality Rule.
Emmons&Olivier Resources,Inc. 851 Hale Avenue North Oakdale,Minnesota 55128
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The difference equals 3.3 lb/yr removal required for the water-quality requirement for this site. The load
removal from the proposed onsite filtration practice is 3.7 lblyr, providing slightly more treatment than
required to meet the standard.
Lake/Wetland Bounce
According to BCWD Rule 2.4.1, part (d), an applicant for a stormwater management permit must
demonstrate to the District that the proposed land-altering activity will not increase the bounce in water
level or duration of inundation, for a 24-hour precipitation event with a return frequency of two, 10, or
100 years in the subwatershed in which the site is located,for any downstream lake or wetland beyond the
limit specified in Appendix 2.3.
o Rule Not Applicable to Permit
Rule 3.0—EROSION CONTROL
According to BCWD Rule 3.2, all persons undertaking any grading, filling, or other land disturbing
activities which involve movement of more than fifty(50)cubic yards of earth or removal of vegetative
cover on five thousand (5,000) square feet or more of land shall submit an erosion control plan to the
District, and secure a permit from the District approving the erosion control plan. The proposed project
triggers the application of Rule 3.0 Erosion Control because the proposed development activity will result
in grading,construction of stormwater infrastructure, installation of utilities and an access road which in
total will disturb 6.6 acres of an 8.9-acre site.
❑ Rule Requirements Met with Conditions
The Permit Applicant has submitted an erosion and sediment control plan that meets a majority of the
District's requirements. To meet all of the District's requirements the following information needs to be
incorporated in these plans:
Conditions and Comments:
1) Add bioroll to tree trenches located in parking lot islands to protect them until curb and gutter
installed.
2) Add a sock to the draintile in the tree trench detail and the filtration basin to prevent sandy soil
and other material from migrating into and clogging the draintile.
Rule 4.0—LAKE, STREAM, AND WETLAND BUFFER REQUIREMENTS
Buffer zone widths are dictated by the presence of a stream or tributary of Brown's Creek and by the
quality of lakes or wetlands on the development site.
❑ Rule Not Applicable to Permit
Emmons&Olivier Resources,Inc. 651 Hale Avenue North Oakdale,Minnesota 55128
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Rule 5.0—SHORELINE AND STREAMBANK ALTERATIONS
According to BCWD rule 5.0, no person shall construct or install a shoreline or streambank improvement
below the ordinary high water mark of a waterbody,without first obtaining a District permit.
o Rule Not Applicable to Permit
Rule 6.0—WATERCOURSE AND BASIN CROSSINGS
According to Rule 6.2, no person shall use the beds of any waterbody within the District for the
placement of roads,highways and utilities without first securing a permit from the District.
o Rule Not Applicable to Permit
Rule 7.0—FLOODPLAIN AND DRAINAGE ALTERATIONS
According to BCWD Rule 7.2, no person shall alter or fill land below the 100-year flood elevation of any
waterbody, wetland, or stormwater management basin, or place fill in a landlocked basin, without first
obtaining a permit from the District. No person shall alter stormwater flows at a property boundary by
changing land contours, diverting or obstructing surface or channel flow, or creating a basin outlet,
without first obtaining a permit from the District. The proposed project triggers the rule because the
stormwater flows at the property boundary will be significantly altered, as explained in the general
comments and analysis of compliance with BCWD Rule 2.0 above. The only Rule 7.0 criterion requiring
additional analysis here is 7.3.2; residential buildings are proposed adjacent to stormwater management
facilities that must be evaluated to ensure drainage alterations comply with the requirements defined in
Rule 7.0.
o Rule Requirements Met with Conditions
According to paragraph 7.3.2 of the BCWD rules, all new residential, commercial, industrial, and
institutional buildings shall be constructed such that the lowest basement floor elevations are at a
minimum of two feet above the 100 year high water elevation or one foot above the emergency overflow.
The high water level (HWL)during the 100 year rainfall event, EOF, and adjacent building elevation of
Menards Pond and the Filtration Basin are provided in Table 2. As this table illustrates, the proposed
structures located on the site meet the District's freeboard requirement, relative to the two relevant
facilities on site.
Emmons&Olivier Resources,Inc. 651 Hale Avenue North Oakdale,Minnesota 55128 �/
memo cont rTi651.770.8448 iF,651770.2552 www ow nc.cam
Table 2.Summary of Freeboard Requirements
Stormwater 100 year HWL Emergency Overflow Basement Floor Elevation
Management Facility [feet) [feet] [feet]
Menards Pond 925.18 928+ 928.50
Filtration Basin 929.90 927.10 928.50
Rule 8.0—FEES
Fees for this project as outlined below:
1. Stormwater management fee $3,000
2. Erosion control fee for grading or alteration of 5.0—19.9 acres $1,500
3. Floodplain and drainage alterations fee $500
• TOTAL FEES $5,000.00
Rule 9.0—SURETIES
Sureties for this project are as outlined below:
1. Grading or Alteration(—8 acres) $15,700
2. Stormwater Management Facilities—(125%of facility cost) *$175,000
• TOTAL SURETIES($5,000 Minimum Performance Surety) $190,700
*No Stormwater Mgt Facilities surety is necessary if applicant can demonstrate that the municipality has
received equal or greater performance surety amount from applicant.
RECOMMENDED CONDITIONS OF THE PERMIT:
The following is a summary of the remaining tasks necessary to bring the project into compliance with
the BCWD Rules:
1. Provide the final construction plan set to the BCWD for review against the plan set dated07/27/16 and
marked"ISSUED FOR PERMIT—NOT FOR CONSTRUCTION".
Emmons&Olivier Resources,Inc. 651 Hale Avenue North Oakdale,Minnesota 5512;
r enio cont T;651 770.8448 Fi 651770.2552 www eot nc.corn
2. Address all erosion control requirements as stated in report under Rule 3.0 Erosion Control, as
follows:
- Add bioroll to tree trenches located in parking lot islands to protect then until curb and gutter
installed.
- Add a sock to the draintile in the tree trench detail and the filtration basin to prevent sandy soil
and other material from migrating into and clogging the draintile.
3. Submit a revised BMP Maintenance Plan that includes activities related to the tree trenches and the
vegetation being used to demonstrate compliance with the volume control requirements via
evapotranspiration.
4. Provide a copy of National Pollutant Discharge Elimination System stormwater permit application for
the project from the Minnesota Pollution Control Agency.(BCWD Rule 2.6.13)
5. Provide a stormwater facility maintenance declaration in a form acceptable to the District and, after
approval, proof of recordation with Washington County. The maintenance declaration shall be
recorded with the County after a draft is approved by the District (BCWD Rule 2.5.5 and 4.2.2,
respectively). A template will be provided to the applicant.
6. Replenish the permit fee deposit(BCWD Rule 8.0 and Board Policy):
a. Stormwater Management fee($3,000).
b. Erosion Control fee($1,500).
c. Shoreland or Streambank Alteration fee-NA
d. Stream and Lake Crossings fee-NA
e. Floodplain and Drainage Alteration fee($500)
If the permit fee deposit is not replenished within 60 days of receiving notice that such deposit is due,
the permit application or permit shall be deemed abandoned and all prior approvals shall be revoked
and collection proceedings shall begin on unpaid balances.
7. Provide the following required sureties(BCWD Rule 9.0):
a. Total grading or alteration surety($15,700).
b. Stormwater management facilities surety or proof that the municipality has received a
Performance Surety of equal or greater amount than 125% of the construction costs for the
stormwater management facilities($175,000).
STIPULATIONS OF APPROVAL:
1. Note that the permit,when issued, will require that the applicant notify the District in writing at least
three business days prior to commencing land disturbance.(BCWD Rule 3.3.1)
2. Provide the District with As-built record drawings showing that the completed grading conforms to
the grading plan.
Emmons&Olivier Resources,Inc. 651 Hale Avenue North Oakdale,Minnesota 55128 ~�
Julie Hultman
From: Eric Johnson
Sent: Friday, September 30, 2016 1:44 PM
To: Julie Hultman
Subject: FW: BCWD Permit 16-08 Brackey 4th Addition - permit to sign
Attachments: Permit 16-08 Brackey 4th Add - signed.pdf
Follow Up Flag: Follow Up
Due By: Friday, September 30, 2016 1:47 PM
Flag Status: Completed
For the file
From: Karen Kill [mailto:KKill@mnwcd.org]
Sent: Wednesday, September 28, 2016 2:38 PM
To: Michael A. Putnam <map@mgmllp.com>
Cc: Eric Johnson <eajohnson@cityofoakparkheights.com>; ccorrell@eorinc.com; Paula Kalinosky
<pkalinosky@eorinc.com>; mike.brandt@kimley-horn.com; 'Driessen,Vince'<vdriessen@driessengroup.com>; Paul
Stearns<pstearns@driessengroup.com>
Subject: RE: BCWD Permit 16-08 Brackey 4th Addition- permit to sign
Here is the executed permit for your files.
Thank you,
Karen
Karen Kill
Administrator
Brown's Creek Watershed District
455 Hayward Ave N
Oakdale, MN 55128
651-330-8220 x26 (office)
651-331-8316 (cell)
www.bcwd.org
From: Michael A. Putnam [mailto:map@mgmllp.com]
Sent: Wednesday, September 28, 2016 11:22 AM
To: Karen Kill
Cc: Eric Johnson; ccorrell@eorinc.com; Paula Kalinosky; mike.brandt@kimley-horn.com; 'Driessen, Vince'; Paul Stearns
Subject: RE: BCWD Permit 16-08 Brackey 4th Addition - permit to sign
Dear Ms. Kill,
Attached please find Permit 16-08 signed by Vince Driessen as chief manager of Krueger Lane LLC,the permittee. Please
let us know if you need anything further. Thank you for your help on this transaction.
Mike
Michael A.Putnam,Esq.
1
MALKERSON GUNN MARTIN LLP
220 South Sixth Street,Suite 1900
Minneapolis,MN 55402
Phone: 612-344-1280/Fax: 612-455-2054
mike.putnammgmllp.com I www.mgmllp.com
CONFIDENTIALITY NOTICE:
The information contained in this message is attorney-client privileged and confidential information intended only for use of the individual or entity named above. If
the reader of this message is not the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly
prohibited. If you have received this communication in error,please immediately notify us by telephone at 612-344-1111 or reply e-mail communication and delete
the original message. Thank you.
From: Karen Kill [mailto:KKiII@mnwcd.org]
Sent:Tuesday, September 27, 2016 2:57 PM
To: 'Driessen,Vince'<vdriessen@driessengroup.com>
Cc: Eric Johnson<eajohnson@cityofoakparkheights.com>; ccorrell@eorinc.com; Paula Kalinosky
<pkalinosky@eorinc.com>; Michael A. Putnam <map@mgmllp.com>; mike.brandt@kimley-horn.com
Subject: BCWD Permit 16-08 Brackey 4th Addition -permit to sign
Dear Vince,
Please sign the attached Brown's Creek Watershed District Permit and return. A scanned copy is fine.
Once the permit is executed, I will send back the final and you will be clear to start by BCWD.
Best Regards,
Karen
Karen Kill
Administrator
Brown's Creek Watershed District
455 Hayward Ave N
Oakdale, MN 55128
651-330-8220 x26 (office)
651-331-8316 (cell)
www.bcwd.org
2