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HomeMy WebLinkAbout2005-08-30 BCWD Ltr to MFRABROWN'S CREAK WATERSHED DISTRICT 1380 W Fronta Rd, Hi 36, Stillwater,, MN 55082 Tel: 651-2754136 ext 26 Au 30, 2005 Erik Miller McCombs Frank Roos Associates, Inc. 14800 28'h Avenue North, Suite 140 Pl MN 55447 RE: BCWD Permit #05-01 — Wal-Mart Expansion, Oak Park Hei MN Q ( Fax: 651-275-1254 MAILED & FAXED: 763-476-8532 Dear Mr. Miller At the Au 8, 2005, Brown's Creek Watershed District (BCWD) Board meetin an approval to the BCWD Rules was g ranted with conditions. Based upon our en recommendations, it appears that before the Permit can become effective, we must receive the followinLy items: I. In accordance with Section 9.0 of the BCWD Rules, y ou are re to submit and file with the BCWD, in a form approved b staff, a suret in the amount of $421000 for gradin A suret for stormwater mana facilities must either be submitted in the amount of $439,750 or submit proof that the municipalit has received e or g reater performance suret amount from applicant. Attached are forms for the Performance Bond and Letter of Credit, each of which is an acceptable suret for a permittee under section 9.0. Other forms of suret ma be acceptable but would need to be approved b the District. 2. Execution and recordin of declaration for stormwater facilities maintenance with proof of recordation with Washin Count A template has been enclosed for y our use. 0 3. You must si and return the enclosed permit. After we receive the si permit, we will return a full executed copy to y ou for y our records. In accordance with Section 8.0 of the BCWD Rules and the Permit Fee Schedule adopted Ma 2003, when a project is approved b the BCWD Board, the permit fee deposit must be replenished to the deposit amount b the applicant before the perrnit will be issued to cover actual costs incurred to monitor compliance and address non-compliance with the BCWD Rules. Any costs incurred b BCWD greater than the permit fee deposit balance will be billed to the ap licant. An unused portion of the deposit balance will be returned to the applicant when the Board has been notified in writin of the project's completion and the Board determines that the work has been completed under the permit. To date, the BCWD has not been invoiced f-or work completed on this review and therefore y ou will not be re to replenish the deposit amount at this time. Please review the terms of the permit and contact me with an q uestions y ou ma have at 651-275-1136 ext 26. Thank y ou Sincerel Karen Kill BCWD Administrator Cc: Board of Mana Wal-Mart Stores, Inc.—Mailed & FAX: 479-273•8380 (with enclosures R Flemin EOR, Inc.—FAX 651-770-2552 (cover letter onl Eric Johnson, Cit of Oak Park Hei 651-439-0574 Mana Crai Leiser, President • Gail Pundsack, Vice-President Connie Taillon, Treasurer Gerald Johnson, Secretar Rick Vanzwol BROWN'S WATERS ED DISTRICT lou 1380 West Fronta Road, Hw 36, StiUwater, MN 55082 +a i0o Tel: 651 ext i t BROWN'S CREEK WATERSHED DISTRICT PE"IT NO. 05--01 Wal -Mart Expansion Property owner: Wal -Mart Stores, Incorporated Date: .August 8, 2005 Address: 702 SE 8 Strut Telephone: 479.273.4000 City /Zip: Bentonville, AR 72712 Fax: 479.273.83 80 Project Location: 5815 Norell .Avenue N. Oak Park Heights, MN Affected Rules: Stormwater Management (Rule 2.0) Grading and Erosion Control (Rule 3.0) Floodplain and Drainage Alterations (Rule 7.0) Fees (Rule 8.0) Sureties (Rule 9.0) Work Authorized: Permission is granted to do the work described in the documents referenced in 'fable I and consistent with those documents as amended by the tens of this permit. In the event of inconsistencies, the terns of this perm -t shall prevail, followed by the more recent document. Any ambiguity shall be resolved in the manner that best furihers the water resource goals and purposes of Minnesota. Statutes Chapters 103D and 103D Materials Subm.itted: 'Fable I Materials /Documents Date Revised A lxoation form July 22 2005 Menards Expansion Gradj!j& Utili and I]etails Ian set Jul 14 05 Managers: Craig Leiser, Presidont *Gail Pundsaek, Vice - President Conwue 'Taillon, Treasurer *old Johnso -n, Secretary 'O Rick vanzwol General Conditions. 0 1. 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 actbvity complies with the requirements of any other local, state or federal agency, nor does it convey any property or other right to the applicant M" 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. I 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 pernn.it, 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 nailing or notice by the BCMM in administering this permit. 6. Before commencing any activity covered by this permit, the perrnittee shall -sign the permit, indicating familiarity with its terms; - transmit the signed copy to the BCWD by delivery, mail or fax; and confirm BC'M receipt thereof and payment of all fees and sureties due in accordance with section. 8. Sp ecial Conditions„ 1. permit to be issued upon meeting the Reco Conditions Of The Permit as set forth and in the memo to the BCWD Board. of Managers, dated August 2, 2005, on the Menards Expansion. by Ryan Fleming, BOR.. Said memo is attached herein and incorporated into the permit. ,approved by District Administrator Date: 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's responsihiffties hereunder. [Signature] Date . 0 [ Print name, title and organization) Managers: Gram; Leiser, president '° Gail Pundsack, Vice - President Connie Taiiion, Treasurer Gerald Johnson, Secretary Rick Vanzvoi UOR EMMONS & OLIYI ER RESOURCES MEMORANDUM Date: Au 2, 2005 To: BCC Board of Mana Karen Kill, Administrator From: Lisa Tilman and R Flemin Re: Permit No. 05-01 — Wal-Mart Expansion, Oak Park Hei NIN The followin review of the above mentioned project located within the le jurisdiction of the Brown's Creek Watershed District CWD) was conducted to determine compliance with the BCWD rules pursuant to the Board's permit issuance determination for this project. GENERAL COMMENTS Wal-Mart is proposin to expand their store located south of State Hi 36 on Norell Avenue North in Oak Park Hei MN. The expansion includes a 127,000 s foot buildin addition as well as 4 acres of new parkin lot on the 25-acre site. The expansion area is a currentl undeveloped lot to the east of the existin buildin In an associated pro conducted b others, Norwich Avenue North, located to the east of the expansion area, will be extended. Under existin conditions, the draina from the current Wal-Mart store and associated parkin lot is directed to a wet detention pond onsite ( pond 3 Runoff from the proposed expansion area is directed to the existin pond on Applebee's propert Under proposed conditions, the stormwater runoff g enerated onsite will drain via catch basins and stormsewer to two new wet detention ponds ( Pond I & 2 as well as the existin wet detention pond located on the western boundar of the site. The series of ponds collect draina from the 25-acre site and outlet to existin stormsewer connectin to a re pondin facilit that ultimatel dischar into Lon Lake ( see attached g radin g plan Rule 2.0— STORMWATER MANAGEMENT Rate Control accordin to BCWD rule 2.4.1, part (a), it must be shown that the proposed development site will not 'increase peak stormwater flow for the 1.5, 10, and 100- 24-,hour storm events. The District anal the entire sub- watershed contributin draina to the re stormwater facilit downstream of this site in the summer of 2003 to determine the capacit of the facilit for future development in the area (Oak Park Hei Surface Water Anal Jul 2003 To ensure that these peak stormwater flow rates are maintained from the Makin A Difference 777rou Inte Resource Mana EOR, INC., 651 Hale Avenue North* Oakdale, MN 55128* Tel: (651) 770-8448* Fax: (651) 770-2552 Page 2 812105 BCWD Development Review—Wal -Mart Expansion, Oak Park Heights subwatershed as a whole, as the modifications to the Menards pond regional facility were designed for, the Wal-Mart site rate of discharge may not increase. The submitted PlydroCAD model uses a curve number of 61 for the site's pervious areas. This corresponds to B soils covered with grass in good condition. overall, the curve number for the existing site is 77 (pervious and impervious areas) . The curve number increases to 91 under proposed conditions. Outlet elevations for the proposed ponds are 933.0 fl for Pond l., 937.4 ft for Pond 2, and 933.65 ft for Pond 3. Ponds 1 and 2 are equalized by a culvert at elevation 933.0 ft and thus act more as a two cell ponding system than as two individual ponds. ® The District Engineer concurs with the modeling performed. The submitted results meet BCwD requirements for rate control and are summarized in Table 1 below. Table 1: Pear Runoff Rates as Submitted by MFRA. Event (yr) Existing (cfs) Proposed (cfs) From To From Pond 3 Existing A.pplebees Total (Existing Pond with Pond Pond Reprised outlet 1.5 2.66 0.55 3.21 2.51 10 4.12 2.66 6.78 3.22 loo 5.50 6.47 11.97 3.76 Drainage 19.37 ac 5.57 ac 24.94 ac 24.94 ac Area Volume Control-According to BCWD rule 2.4.1, part (b), it must be shown that the proposed site will not increase stormwater volumes generated from a 1.5 -year, 24 -hour event, excepting that from 5% impervious cover. ® The District's volume control rule does not apply on the basis of the execution of the revised TSMP cooperative agreement among the District, the City of Oak Park Heights, and the City of Stillwater, Pollutant I oadin -- -According to the BC" rule 2.4.1, part (c), the proposed development must not result in. an increase in total. loads of suspended solids, total nitrogen, or heavy metals, or exceed the total phosphorus concentration indicated in Appendix 2.2, BCWD rules, for the site receiving water. As modeled by the applicant using Pond et, the series of ponds provides 61% removal of phosphorus with an outflow phosphorus concentration of 154 ppb. Additionally, the dead storage in the ponds is adequate to contain the 2.5 inch event. The maximum allowable 6 nflow concentration for Long Lake is 220 ppb. Therefore, the condition has been met. Page ,3 812105 BCWD Development Review------- Wal-Mart Expansion, Oak Park Heights Lake[Wetlaa.d Bounce-According to the BCWD rule 2.4.1, part (d), the proposed development must not increase the bounce or duration of inundation for the 1. 5, 10, or 100 -year 24 hour storm event in accordance with the limit specified in Appendix 2.3 of the BCWD rules. ® The proposed project will have a negligible impact on the bounce and duration of Long Lake. Rule 3,0 EROSION CONTROL According to BCWD rule 3.2, all developers undertaking in land altering activities involving the movement of more than 50 cu. yd. or remove vegetation on more than 5,000 sq. ft. shall submit an erosion control plan and secure an erosion control permit from the District. The erosion control plan includes the following: * Silt fence placed appropriately along the property boundary Filter sacks or silt fence for inlet protection Temporary rock construction entrances Three temporary sedimentation ponds with a note that Ponds 1 and 2, after use as sedimentation ponds, roust be excavated of the collected sediment ® Temporary seeding and mulching Plan for permanent re- vegetation including seeding with nature vegetation on pond slopes Implementation schedule The submitted erosion and sediment control plan meets the BCWD erosion control requirements. a 4D _,*M 1 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. a This rule requirement does not apply to the proposed project. Rule 5.0— SI-IOR.ELINE AND STREAMBANK AL'T"ER.ATIONS 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. ® This rule requirement does not apply to the proposed project. Rule 6.0—WATERCOURSE AND BASIN CROSSINGS Placement of roads, highways and utilities in the bed of any waterbody in the District requires a District permit. Page 4 812105 .BCWD Development Review- -- -Wal -Mart Expansion, Oak Park Heights There are no watercourse or basin crossings proposed. Rule 7.0-FLOODPLAIN AND DRAINAGE ALTERATIONS According to BCwD rule 7.3.1 all new residential 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. The lowest grade elevation in contact with the structure can be used instead of the lowest floor only for a perched water basin, which must be demonstrated by the criteria listed under rule 7.3.1. The proposed and existing building will have a first floor elevation of 945.2 ft. The high water levels of the ponds as submitted remain at or below 946.2 feet in elevation. Therefore, the condition for freeboard has been met. Rule 8.0 -FEES Fees for this project as outlined below: 1. Grading or Alteration greater than 20 acres $200 ® TOTAL FEES $2 000 Sureties for this project are as outlined below: 1. Grading or Alteration (21 acres) $4200 2. Storm Management Facilities *$439,750 a TOTAL SURETIES *$481J50 *No Storrrnvater Mgt Facilities surety is necessary if applicant can demonstrate that the municipality has receive' equal or greater performance surety amount from applicant, RECOMMENDED CONDITIONS OF THE PERMITo Summary of the remaining tasks necessary to bring the project into compliance with the BCwD Mule is as outlined below: Provide necessary following surety o grading or alteration surety Page 5 81210.5 BCWD Development Review --- Wal -Mar•t .expansion, Oak Park Heights o Provide stormwater management facilities surety or proof that the City of oak Park Heights has received a Performance Surety of equal or greater amount than 125% of the stormwater management facilities construction costs. (boldiust to show that I added it) 2. Provide stormwater facility maintenance agreement in a form acceptable to the District and proof of recordation with Washington County.