HomeMy WebLinkAbout2004-05-28 BCWD Ltr to ApplicantBRuWN CREEK
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WATERSHED DISTRIC
1380 West Fronta Road, Hw 36, Stillwater, MN 5508
Tel: 651-275-1136 ext. 26 Fax: 651-275-1254,
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NOTICE OF PROBABLE VIOLATION OF BCWD RULE
Project Owner: Steve Johnson, North American Properties, Inc.
Owner Address. 300 Prairie Center Drive, Eden Prairie, MN 55344
Project Name: Shoppes of Oak Park Hei
BCWD Permit No.: 03-04
Date and Time: 512812004
Activit Erosion control
Durin an inspection on Ma 26, 2004 the followin apparent violations were observed b BCWD staff:
Item No./BCWD Rule No.
1. 3.2.6 — Erosion Control. Please refer to attached pictures.
BCVVD Rule 3.2.6 states - "The pennittee is responsible at all times for the maintenance and proper
operation of all erosion and sediment control facilities. On an propert on which land-disturbin
activit has occur-red pursuant to a permit issued under this Rule, the pennittee shall, at a minimum,
inspect, maintain and repair all disturbed surfaces and all erosion and sediment control facilities and soil
stabilization measures ever da work is performed on the site, and at least weekl until land-disturbin
activit has ceased. Thereafter, the permittee shall perform these responsibilities at least weekl until
ve cover is established."
1. Perimeter silt fence has collapsed in areas and/or is filled with sediment, makin the fence ineffective in
preventin sediment from travelin off of the site.
2. Sediment has accumulated from the site on Krue Lane, near 58th Street North.
3. Dirt stockpiles have established on the north end of the site alon the fronta road to Hi 36.
You hereb are re to take the followin actions to come into compliance with the above BCWD Rule.-
Action Re nested
1. Properl install/re-install silt fence around the perimeter of the site such that it is effective in preventing
sediment from leavin the site.
2. Remove accumulated sediment from Krue Lane. All streets should be free of sediment at the end of
each work da
3. Remove stockpiles from the north side of the site alon the fronta road. If the stockpiles are to remain
in place for more than 7 da temporar cover and perimeter silt fence must be installed.
Mana
Crai Leiser, President Karen Kilber Vice-President Gerald Johnson, Secretar Ned Gordon
All actions are to comply with the ns and specifications of the approved pion control p lan and the
specifications of the MPCA manual "Protecting Water (duality in Urban Areas," per BCWD Rule 3.2.2. You
are requested to take these actions by 4:00 pm on Friday, June 4, 2044
BCWD staff will conduct an inspection of the site after 4:00 m Friday, June 4 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 550250
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
Name /Title (Print
gnature
cc: Karen Kill, BCWD Administrator
Chuck Holtman, Smith Parker, P.L.L.P.
Jay Johnson, City of Oak Park Heights
Dan Parks, Westwood Professional Services, Inc.
Managers:
Craig Leiser, President Karen Kilberg, Vice - President Gerald Johnson, Secretary Ned Gordon
ate � '� ` � � .w�.� �
_-P.
l3CWD Pen # 03 -04: Shoppes of Oak Park Heights #2
- Silt fence and sediment on road
IWIvr
05/26/
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