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HomeMy WebLinkAbout2003-05-28 BCWD Ltr to Applicaton Re Permit 02-14May 28, 2003 v. Zintl Inc. 5 670 Memorial Avenue North Oak Park Heights, MN 55082 RE: BCWD Permit #02-14 — Zintl Building Dear Mr. Zintl; Sincerely, Karen Kill BCWD Administrator cc: BCWD Board of Managers Chuck Holtman, Smith Parker, P . L. L. P Camilla Correll, EOR, Inc. Jay Johnson, City of Oak Park Heights Todd Erickson, Erickson Engineering Design Group, Inc. PlOWN'S CRETX WATERSHED DISTRL f 1 MAILED & FAXED: 651- 439 -7758 2 2003 1380 W Frontage Rd, Highway 36, Stillwater, MN 55082 Tel: 651-275-1136 ext 26 Fax: 651 - 275 -1254 At the October 14 2002, Brown's Creek Watershed District (BCWD) Board meeting, (BCWD) g, an approval to the BCWD Rules was granted with conditions. Based upon our engineer's recommendations, it appears that you have met the conditions set forth in the October 14th, y , 2002, approval or have addressed those conditions. However, before the permit can become effective, we must receive the following items: L In accordance with Section 9.0 of the BCWD Rules, you are required to submit a surety of $1,500. 2. You must sign and return the enclosed permit. After we receive the signed permit, we will return a fully executed copy to you for your records. Please review the terms of the permit and contact me with any questions you may have at 651-275-1136 ext 26. Thank you. Managers: Craig Leiser, President • Karen Kilberg, Vice-President • Barb Medinger, Treasurer • Timothy J. Freeman, Secretary * Gerald Johnson Materials/Documents Date Revised A. • lication form Se• tember 30, 2002 En; ineerin: Resort for Site Draina :e Se. tember 20, 2002 Proposed Grading & Erosion Control Plan September 25, 2002 Existing Drainage Plan September 25, 2002 Proposed Drainage Plan September 25, 2002 Site Plan, Grading Plan & Landscaping Plan June 5, 2002 BRoWN'S CREEK WATERSHED DISTRICT 1825 Curve Crest Boulevard, Stillwater, MN 55082 Tel: 651.430 -6826 Fax: 651 - 430.-6819 BROWN'S CREEK WATERSHED DISTRICT PERMIT NO. 02 -14 Zintl Building Project Property Owner: Will Zintl Address: 5670 Memorial Avenue City /Zip: Oak Park Heights, MN 55082 Project Location: 5610 Memorial Avenue, Oak Park Heights Affected Rules: Grading and Erosion Control (Rule 3.0) and Floodplain and Drainage Alterations (Rule 7.0) Date: May 28, 2003 Telephone: 651-439-0588 Fax: 651-439-7758 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 1O3B and 103D. Materials Submitted: Managers: Craig Leiser, President 'I Karen Kilberg, Vice- President ° Barb Medinger, Treasurer ' Timothy J. Freeman, Secretary • Gerald Johnson BCWD Permit # 02-14 Table 1 Zintl Building Project Page 1 of 1 05/28/03 General Conditions: 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 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 acid 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: 1. Permit to be issued upon the applicant meeting the Recommended Conditions of the Permit as set forth and in the memo to the BCWD Board of Managers, dated October 11, 2002, on the Zintl Building Project by Mark Doneux. Said memo is attached herein and incorporated into the permit. Approved by District Administrator I hereby state that 1 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 responsibilities hereunder. [Signature] BCWD Permit # 02 -14 {Print name, title and organization] Zintl Building Project Date: Date: Page 2 of 2 5/28103 MEMORANDUM Date: To: From: Copy to: Re: October 11, 2002 BCWD • Board of Managers Mark D o neux, Administrator Engineer & Owner Development Review Permit #02 -14 — Zintl Building Project, City of Oak Park Heights 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 pursuant to the Board's permit issuance determination for this project. GENERAL. COMMENT The proposed project is located at 5610 Memorial Avenue in the Kern Center in the City of Oak Park Heights (Lot 4, Block 2, Kern Center 2nd Addition). The project consists of construction of an approximately 12,800 square foot building and associated parking on the west half of a 2.5- acre parcel. The project includes site grading, building and parking lot construction, and retaining wall. The work is to begin in 2002. Parcel History This parcel was originally platted in the late 1980's /early 1990's as Lot 4, Block 2, Kern Center 2nd Addition. In 1998 it was annexed into the City of Oak Park Heights. In 1999 the City of Oak Park Heights made modifications to the Kern Center Pond to accommodate up to 80% imperviousness from parcels in the Kern Center. In May of 2000, W.A.T.E. Enterprises (owned by Will Zintl) received a PUD approval from the City to split three lots to allow additional buildings because of the zoning/density change. In July of 2002, Mr. Zintl received an approval for a PUD Amendment for this parcel. Rule 2.0—STORMWATER MANAGEMENT The project is proposed to drain to the Kern Center Pond. It appears that all stormwater facilities for the site, were designed, approved and constructed as part of the Kern Center Improvements in 1999. Therefore, the Board may chose to waive stormwater requirements for this site in accordance with BCWD Resolution 01 -03. Resolution #01 -03 states: "The BCWD Stormwater Management rule shall be waived if the applicant demonstrates that the activity that triggers the rule has been approved in accordance with all applicable City... stormwater management ordinances as in affect on December 31, 1999." Page 2 of 2 October 11, 2002 BCWD Project Review—Zintl Building Project # 02-14 Rule 3o0— 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 from the District. 1. The proposed activities require a District erosion control permit. 2. The submitted Grading and Erosion Control Plan shows the area of proposed disturbance and the protection measures planned to control erosion and tracking of sediments during the preparation of the site. Use of silt fence is shown on the plan. 3. Scaled drawings must be provided. Drawings must include final site restoration plans and include a detail forr inlet protection if it is required. Any temporary seeding would not be necessary at this time due to the foreseen construction disturbance. 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 ()flakes or wetlands on the development site. 1. There are no DNR Protected lakes, wetlands or streams directly adjacent to (or within 100 feet) from the proposed development site. No buffers are required. 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. 1. There are no shoreline or streambank alterations proposed. Rule 6.0 WATERCOURSE AND BASIN CROSSINGS m Placement of roads, highways and utilities in the bed of any waterbody in the District requires a District permit. 1. 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. 1. The lowest building floor elevation shall be 929.68 or greater. Page 3 of 3 October 11, 2002 BCWD Project Review Zintl Building Project # 02 -14 Rule 8.0 —FEES ■ Fees for this project as outlined below: 1. Grading or Alteration (Rules 2.0 -7.0) Activities/Grading 1.0 - 4.99 acres m TOTAL FEES Rule 9A— SURETIES ▪ Sureties for this project are as outlined below: LO to 4.9 acres • TOTAL SURETIES $500 $500 $1500 $1,500 1 TOTAL FEES AND SURETIES $2,000 in FEES PAID -$500 ▪ SURETIES DUE $1,500 RECOMMENDED CONDITIONS OF THE PERMIT: • Summary of the remaining tasks necessary to bring the project into compliance with the BCWD Rule is as outlined below: 1. Sureties valued at $1,500.00 are received prior to the issuance of the project permit. 2. Prior to the issuance of the permit, the applicant demonstrates that the activity that triggers the rule has been approved in accordance with all applicable City stormwater management ordinances as in affect on December 31, 1 999. 3. The lowest building floor elevation shall be 929.68 or greater. 4. The submitted Grading and Erosion Control Plan shows the area of proposed disturbance and the protection measures planned to control erosion and tracking of sediments during the preparation of the site. Use of silt fence is shown on the plan. 5. Scaled drawings must be provided. Drawings must include final site restoration plans and include a detail for inlet protection if it is required. Any temporary seeding would not be necessary at this time due to the foreseen construction disturbance.