HomeMy WebLinkAbout2004-05-28 BCWD Notice of Probably Violation of BCWD Rule BROWN'S CREEK• 1/ .13(g@orinr
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Tel: 651-275-1136 ext. 26 Fax: 651-275-1254.: F?
NOTICE OF PROBABLE VIOLATION OF BCWD RULE
Project Owner: Brad Coats, Goldridge Group Minnesota
Owner Address: 3021 Harbor Lane, Suite 20,Plymouth, MN 55447
Project Name: Oak Park Station; Oak Park Heights,MN
BCWD Permit No.: 01-12
Date and Time: 5/28/2004
Activity: Erosion control
During an inspection on May 26, 2004 the following apparent violations were observed by BCWD staff:
Item No./BCWD Rule No.
BCWD Rule 3.2.6 states - "The permittee is responsible at all times for the maintenance and proper
operation of all erosion and sediment control facilities. On any property on which land-disturbing
activity has occurred pursuant to a permit issued under this Rule, the permittee shall, at a minimum,
inspect, maintain and repair all disturbed surfaces and all erosion and sediment control facilities and soil
stabilization measures every day work is performed on the site, and at least weekly, until land-disturbing
activity has ceased. Thereafter, the permittee shall perform these responsibilities at least weekly until
vegetative cover is established."
1. Perimeter silt fence has collapsed in areas and/or is filled with sediment, making the fence ineffective in
preventing sediment from traveling off of the site.
2. Gullies have formed on the north slope of both the channel leading to the pond and the pond area itself.
3. Vegetation has not established on the bare area upslope north of the pond.
You hereby are requested to take the following actions to come into compliance with the above BCWD Rule:
Action Requested
1. Remove accumulated sediment from behind the silt fence and replace/reinstall the silt fence along the
rock swale and the pond fringe from Memorial Avenue North to the grass swale that directs water to the
pond from the north.
2. Remove accumulated sediment from behind the silt fence and replace/reinstall the silt fence along the
top of slope where the vegetation has not yet established north of the pond.
3. Remove downed silt fence along Highway 5 where vegetation has established on the east side of the
pond.
4. Fill, seed, and blanket gullies that have established on the northern slope upstream of the pond and rock
swale.
Managers:
•Craig Leiser,President • Karen Kilberg,Vice-President • Gerald Johnson,Secretary • Ned Gordon
5. Broadcast seed over exi ;bare areas north of the pond.
„All.actions are to comply with the terms and specifications of the approved erosion control plan and the
specifications of the: PCA manual "Protecting Water Quality in Urban Areas," per BCWD Rule 3.2.2. You
are requested to take these actions by 4:00 pm on Wednesday, June 2, 2004.
BCWD staff will conduct an inspection of the site after 4:00 pm Wednesday, June 2, 2004 to determine
compliance with the above-mentioned rule.
If the requested actions have not been accomplished by the time indicated, a violation hearing will be
held before the BCWD Board of Managers at 6:30 pm on Monday, June 14, 2004 at the Washington
Conservation District office at 1380 West Frontage Road, Hwy 36, in Stillwater, MN 55028.
The timeliness and completeness of your actions with respect to the above items will be considered by the Board
of Managers in deciding on further enforcement. You will be given the opportunity to speak to the violations
alleged, to ask questions of other persons addressing the Board, and to be represented by counsel, if you wish.
The Board may issue a Cease and Desist Order requiring compliance with any violations found. The listing of
violations above does not prevent the Board from finding additional or other violations on the basis of the
evidence presented. Failure to comply with BCWD Rules, the conditions of your permit or an Order of the
Board of Managers will subject you to civil and criminal penalties. Minnesota Statutes §103D.545.
Pursuant to BCWD Rule 8.0, you will be liable for all costs incurred by the BCWD in obtaining and monitoring
your compliance with applicable BCWD Rules, permit conditions and Orders of the Board of Managers,
including consultants' costs and attorneys' fees. If you do not complete the actions requested above by the
indicated deadlines, the BCWD itself may act to remedy apparent noncompliance and recover the costs of its
action, including attorneys' fees, from you or your surety.
This Notice does not affect the ability of any other federal, state or local body of government to take
enforcement action against you pursuant to its own laws and regulations.
ISSUED BY:
Ryan Fleming, BCWD Representative
Nam-M.itle(Print)
i_• ature
cc: Karen Kill, BCWD Administrator
Chuck Holtman, Smith Parker, P.L.L.P.
Jay Johnson, City of Oak Park Heights
Steve Stamm, Goldridge Group
Managers:
• Craig Leiser,President • Karen Kilberg,Vice-President • Gerald Johnson,Secretary • Ned Gordon