HomeMy WebLinkAbout2002-10-16 BCWD Probable Violation Notice Compliance Hearingrc� 400%
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BROWN'S CREEK
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WATERSHED DIST RICT
1825 Curve Crest Boulevard, Stillwater, MN 55082 Tel: 651-430-6826 Fax: 651-430-6819
October 16, 2002
Mr. Ro Tuckner
BY CERTIFIED MAIL
Centur Power
5920 Stillwater Boulevard
Stillwater, NTN 55082
Re: Brown's Creek Watershed District Permit No. 01 -0 , Centur Power, Cit of Oak Park Hei
Dear Mr. Tuckner:
On September 25, 2002, a notice of probable violation was sent to y ou iternizin three areas of noncompliance
with the erosion control re of y our permit. The notice specified actions needed to g ain compliance
and re that those actions be taken b October 5, 2002. An October 11, 2002 inspection found that the
first item had not been addressed and while the second and third items had been addressed, the areas remained
i noncompliance and the need to remove sediment from the effective area of the silt fence remained.
-Accordin on Thursda October 24, 2002, at the offices of the Washin -Soil and Water Conservation
District, 1825 Curve Crest Boulevard, Stillwater, Minnesota, at 4:30 P.M. or as soon thereafter as y our matter
ma be reached, the Board of Mana of the Brown's Creek Watershed District (BCWD) will hold a hearin
to consider the compliance status of the site.
At that time y ou ma address the Board of Mana be represented b an attorne and present evidence or
witnesses in y our behalf. After hearin the Board ma issue an Administrative Order directin that y ou act to
remed outstandin violations found b the Board of Mana or ma initiate civil or criminal proceedin b
authorit of Minnesota Statutes § 103D.545. The listin of violations in the September 26, 2002 notice does not
prevent the Board of Mana from findin additional or other violations on the basis of the evidence
presented.
To render the hearin unnecessar y ou ma brin the site into corn liance b 44-30 P.M. on Tuesda October
0 P
22. 2002. 2002. The timeliness and completeness of y our compliance ma be considered b the Board of Mana in
decidin on further appropriate action.
Pursuant to BCWD Rule 8.0, y ou are liable for all costs incurred b the BCWD in inspectin y our project and
obtainin y our compliance with the terms of Permit No. 01-12, includin consultants' and attome fees. If
y ou do not complete the actions ordered b the Board of Mana b the deadliness in tD t Order, the
BCWD itself ma act to remed the noncompliance and recover the costs of its action, includin attorne fees,
from y ou or y our su
Man
Crai Leiser, President Karen Kilberg, Vice-President * E. J. Treasurer I Barb Medinaer
Gordon 0 1 CAC Liaison ' Tim. Freeman, Secretary
Mr, Roger Tuckner
October 16, 200
Page Two
Any action by the BCW3 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.
Yours truly,
Mark Doneux "
Administrator, BCWD
cc: BCWI] Board of .Managers
Chuck Holtman, Smith Parker, P.L.L.P.
Mitch Johnson, BOR, Inc.
Jay Johnson, City of Oak Park Heights
Managers:
Craig Leiser, President Kasen Kilberg, Vice - President $ E. J. Gordon, Treasurer ° Barb Medinger, CAC Liaison * Tim Freeman, Secretary