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Home My WebLink About2003-05-23 Fill-Land Reclamation & Grading PermitCITY a OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55082-2007 • Phone: 651/439-4439 • Fax: 651/439-0574 CITY OF OAK PARK HEIGHTS FILL/LAND RECLAMATION AND GRADING PERMIT FOR: McKean Square Date Issued: May 23, 2043 Legal Description: (Washington County Geo. Code 05-029-20-31-0006) Applicants: VSSA McKean West LLC Address: 2845 Ham line Ave. N. Roseville, MN 55113 Phone: (651) 631-6100 General Contractor: Adolfson & Peterson Construction Address: 6701 West 23 Street, PO Box 9377 Minneapolis, Minnesota 55440 Site Contact: Tom Able (952)-544-1561 Grading Contractor: Julian Johnson Construction Address: 6190 Industrial Avenue Anoka, Minnesota 55303 Contact: Lorence Johnson (763)323-2900 Cell 612-366-4180 Alt. Contact: Jerrry Solnitzky Cell (612)366-4182 Site Address: McKean Square Oak Park Heights, MN 55082 Present Zoning District: PUD, Planned Unit Development I. PERMIT: This permit shall be subject to the following conditions and/or restrictions imposed by the City Council of the City of Oak Park Heights. II. GENERAL DESCRIPTION Developer have requested a permit to bring grade/fill onto their land for the construction of McKean Square Subdivision to elevations proposed in the attached plans. The permit has been approved for issuance by the City Council subject to the following requirements: A. Grading Drainage and fill requirements and specifications shall be met as specified in the attached plans annexed hereto as exhibit "A", are subject to the Engineers comments as specified in attached exhibit "B" and are subject to conditions of the Developer's Agreement between VSSA McKean West LLC and the City dated may 21, 2003 and annexed here to as exhibit "C". B. The Developer and their contractors shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping as may be necessary until the project is complete. Ail streets shall be maintained free of debris and soil until the project is completed. The repair of any damage done to the Page 1 of 9 Tree City U.S.A. McKean Square Fill /Land Reclamation and Grading streets or public utilities by Developer or any of its Contractors or Subcontractors, shall remain the financial responsibility of the Developer. C. The Developer and/or their contractors shall control soil erosion ensuring: 1. All site work shall conform to the natural limitations presented by the topography and soil of the lot in order to create the best potential for preventing soil erosion. The Developer have submitted an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be subject to the supervision of the City Engineer and Building Official prior to and during the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development and reinstalled or modified as may be necessary to control erosion. The initial three phases of erosion control and tree removal are shown on exhibit "C ". During each of these three phases the silt fencing and tree protection measures, and tree removal limits for each phase will be installed by the applicant and inspected and verified by City staff prior to tree removal. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. Erosion and siltation controls will be verified by City staff prior to commencement of grading. 4. Where the topsoil is removed, sufficient arable soil shall be set aside in an approved area for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. 5. Applicant shall comply with all provisions and conditions of the MPCA General Storm Water Permit MNRI 1 0000 attached as exhibit "D". 6. When the permanent erosion control measures have been successfully completed by the Applicant and verified by City staff the Applicant shall remove the temporary erosion control measures. D. Tree Protection. The Applicant must have the City Arborist or a person under her designation providing on -site supervision and direction during the clearing process. Prior to the clearing operation being initiated all clearing limits and trees to be protected shall be clearly marked. Tree protection fencing shall be installed and maintained until after grading is complete. All fencing shall be installed at least 20 feet distant from the trunks of large shade trees (deciduous) and around coniferous trees no closer than the dripline. Silt fencing may not be used as a substitute for tree protection fencing. Fencing shall be orange in color with steel posts at 6-8 foot intervals. The City Arborist shall be contacted by Applicant for an inspection after the fencing is installed E. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by them for the installation and construction of all work to be done under this permit and hereby guarantees the compliance to the annexed plans for a period of one year following the City Engineers Certification of the City's issuance of the Certificate of Zoning Compliance. F. Construction Schedules. All work to be performed under this permit shall be completed no later than December 31, 2003 unless extended by the City Council. Page 2 of 9 Site Address: McKean Square Oak Park Heights, MN 55082 CITY OF OAK PARK HEIGHTS FILL /LAND RECLAMATION AND GRADING PERMIT FOR: McKean Square Date Issued: May 23, 2002. Legal Description: (Washington County Geo. Code 05- 029 -20 -31 -0006) Applicants: VSSA McKean West LLC Address: 2845 Hamline Ave. N. Roseville, MN 55113 Phone: (651) 631 -6100 General Contractor: Adolfson & Peterson Construction Address: 6701 West 23 Street, Po Box 9377 Minneapolis, Minnesota 55440 Site Contact: Tom Able (952) -544 -1561 Grading Contractor: Julian Johnson Construction Address: 6190 Industrial Avenue Anoka, Minnesota 55303 Contact: Lorence Johnson (763)323 -2900 Cell 612 - 366 -4180 Alt. Contact: Jerrry Solnitzky Cell (612)366 -4182 Present Zoning District: PUD, Planned Unit Development I. PERMIT: This permit shall be subject to the following conditions and/or restrictions imposed by the City Council of the City of Oak Park Heights, II. GENERAL DESCRIPTION: Developer have requested a permit to bring grade /fill onto their land for the construction of McKean Square Subdivision to elevations proposed in the attached plans. The permit has been approved for issuance by the City Council subject to the following requirements: A. Grading Drainage and fill requirements and specifications shall be met as specified in the attached plans annexed hereto as exhibit "A ", are subject to the Engineers comments as specified in attached exhibit "B" and are subject to conditions of the Developer's Agreement between VSSA McKean West LLC and the City dated may 21, 2003 and annexed here to as exhibit "C ". B. The Developer and their contractors shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping as may be necessary until the project is complete. All streets shall be maintained free of debris and soil until the project is completed. The repair of any damage done to the Page 1 of 9 McKean Square Fill /Land Reclamation and Grading streets or public utilities by Developer or any of its Contractors or Subcontractors, shall remain the financial responsibility of the Developer. C. The Developer and/or their contractors shall control soil erosion ensuring: 1. All site work shall conform to the natural limitations presented by the topography and soil of the lot in order to create the best potential for preventing soil erosion. The Developer have submitted an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be subject to the supervision of the City Engineer and Building Official prior to and during the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development and reinstalled or modified as may be necessary to control erosion. The initial three phases of erosion control and tree removal are shown on exhibit "0". During each of these three phases the silt fencing and tree protection measures, and tree removal limits for each phase will be installed by the applicant and inspected and verified by City staff prior to tree removal. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. Erosion and siltation controls will be verified by City staff prior to commencement of grading. 4. Where the topsoil is removed, sufficient arable soil shall be set aside in an approved area for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. 5. Applicant shall comply with all provisions and conditions of the MPCA General Storm Water Permit MNR110000 attached as exhibit "D ". 6. When the permanent erosion control measures have been successfully completed by the Applicant and verified by City staff the Applicant shall remove the temporary erosion control measures. D. Tree Protection. The Applicant must have the City Arborist or a person under her designation providing on -site supervision and direction during the clearing process. Prior to the clearing operation being initiated all clearing limits and trees to be protected shall be clearly marked. Tree protection fencing shall be installed and maintained until after grading is complete. All fencing shall be installed at least 20 feet distant from the trunks of large shade trees (deciduous) and around coniferous trees no closer than the dripline. Silt fencing may not be used as a substitute for tree protection fencing. Fencing shall be orange in color with steel posts at 6 -8 foot intervals. The City Arborist shall be contacted by Applicant for an inspection after the fencing is installed E. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by them for the installation and construction of all work to be done under this permit and hereby guarantees the compliance to the annexed plans for a period of one year following the City Engineers Certification of the City's issuance of the Certificate of Zoning Compliance. F. Construction Schedules. All work to be performed under this permit shall be completed no later than December 31, 2003 unless extended by the City Council. Page 2 of 9 McKean Square Fill /Land Reclamation and Grading G. Site Layout /Access Locations: 1. The proposed street layouts and building locations are acceptable as submitted. 2. Construction access will be limited to those shown two construction access points shown on the erosion control plans. The primary access point will be from Norwich Parkway. Construction traffic to the site shall be directed to avoid using Oakgreen Avenue and to use the following routes: a. Highway 36 to Norell Avenue to 58 Street to Norwich Parkway b. Highway 36 to Highway 5 to 58 Street to Norwich Parkway c. Highway 5 to 58 Street to Norwich Parkway 3. An alternate construction access point will be built and maintained by the Developer in coordination with the City Engineer during the time period that the Norwich Parkway access point is removed during water and sewer line construction. H. Grading /Drainage: 1. Storm water runoff from the parts of this development will be tributary to the existing storm sewers in Nolan Avenue N. and Norwich Parkway N. that was designed to serve this area. These systems will be inspected and if needed cleaned by the applicant after the conclusion of all construction activity to remove sediment resulting from the construction of the development, buildings construction, and construction of other amenities on the site. 2. The majority of the storm water run of from this development will be tributary to a storm water system to be constructed within the development . This system will be protected from sediment by temporary erosion control measures installed by the utility contractor. The Applicant will be responsible for the protection of the storm water system from damage and sediment resulting from all construction activities within the development. At the conclusion of construction activities and approval of permanent erosion control the storm water system will be inspected and surveyed by the Applicant. Storm water piping, sump manholes, and catch basins will be cleaned by the Applicant to as needed prior to the final acceptance by the City. Storm water basins which are found to have an accumulation of sediment will have the sediment removed and the basins returned to the design contours specified in exhibit "A ". I. City Utility Installation: Rough grading for the installation of sanitary sewer, storm sewer, and water mains will be performed by the applicant in coordination with the City Engineer as specified in the Development Agreement. J. Conditions found within the Development Agreement between the City and the Developer and/or Applicant for the McKean Square Development are additionally Page 3 of 9 McKean Square Fill/Land Reclamation and Grading III. EXHIBIT ATTACHMENTS: Exhibit "A" Grading, Erosion Control & Drainage Plan of 5/19/03 with City Comments dated 5/23/03. Exhibit "B" May 22, 2003 Letter from City Engineer. Exhibit "C" Developer's Agreement Between VSSA McKean West LLC and the City, May 21, 2003 Exhibit "D": Tree Removal & Silt Fence Phasing Plan, May 21, 2003 Exhibit "E" MPCA General Storm Water Permit for Construction Activity #MNR110000 IN WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF OAK PARK HEIGHTS PP 2003 Eric A. Jo on City Adm trator DEVELOPER/PERMIT HOLDERS Date: S 2:3 003 SSA M Date: ea Wpst L C 3 , 2003 fi Julian Johnson Co struction 1 -40 . Date: Ji Certified Building Official Date: Adolfson & Peterson Construction Date: Name Page 4 of 9 , 2003 , 2003 , 2003 McKean Square Fill /Land Reclamation and Grading III. EXHIBIT ATTACHMENTS: Exhibit "A" Grading, Erosion Control & Drainage Plan of 5/19103 with City Comments dated 5/23/03. Exhibit "B" May 22, 2003 Letter from City Engineer. Exhibit "C" Developer's Agreement Between VSSA McKean West LLC and the City, May 21, 2003 Exhibit "D ": Tree Removal & Silt Fence Phasing Plan, May 21, 2003 Exhibit "E" MPCA General Storm Water Permit for Construction Activity #MNRI 1 0000 IN WITNESS WHEREOF, the parties have set forth their hands and seals. CITY OF OAK PARK HEIGHTS PP , 2003 Eric A. Joh r - on City Adm trator DEVELOPER/PERMIT HOLDERS Date: ``�- Z 003 Date:-- , 2003 SSA Mc eanW stL C f ra , h c, ,ve Date: - 6? 2003 1 Julian Johnson Co Or struction fi Date: 3 Fer j Jinn. Certified Building Official Adolfson & Peterson Construdtion Date: Name Page 4 of 9 2003 , 2003 McKean Square Fill /Land Reclamation and Grading EXHIBIT "A" GRADING, EROSION CONTROL AND GRADING PLAN APPROVED BY THE CITY OF OAK PARK HEIGHTS Plan Set by Folz, Freeman, Erickson, Inc. Titled: McKean Square, Oak Park Heights, MN Sheets: C0.0, C1.0, C2.O, C3.0, 03.1, 04.0, 05.0, C5.1, C5.2 & C5.3 All Sheets Dated: 5/19/03 With City Comments Dated 5/23/03 Page 5 of 9 McKean Square Fill /Land Reclamation and Grading EXHIBIT "B" ENGINEER'S LETTER DATED May 22, 2003 {Exhibit B Attached} Page 6 of 9 May 22, 2003 Mr. Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd., P. 0. Box 2007 Oak Park Heights, MN 55082-2007 Re: McKean Square Final Grading & Erosion Control Plans Review BRA File No. 55-03-000 Dear Eric: We have reviewed the final grading and erosion control plans for the proposed McKean Square development (Boutwell's Landing — Phase 2) as submitted by Folz, Freeman, Erickson, Inc. All previous review items have been addressed, and we recommend approval of the grading and erosion control plans at this time. As a reminder, the following items require review and approval during the developer's grading improvements prior to their construction: ® The retaining wall on the south side of Nolan Parkway North adjacent to the pathway will require protective handrail on top (as well as the three other wing walls for the bridge /culvert) . The engineer notes that the railing will be installed with the Brownstone Building contract. This is acceptable as long as the railing is installed prior to the adjacent pathway being opened to the public. • The design and construction of the proposed bridge and retaining walls adjacent to storm water ponds or internal trails will require detailed design shop drawings and calculations be submitted for our review and approval prior to their construction. • City approval will be required for hauling excess material to be stockpiled across 58 Street North, if required. A security deposit shall be retained for possible damage to the existing street and curb & gutter on 5 8 Street North as part of this process, if required. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES INC Dennis M. Postier, P.E. cc: Judy Hoist, Finance Director Jay Johnson, Public Works Director Jim Butler, Building Official Scott Richards, City Planner Mark Vierling, City Attorney Kathy Widin, City Arborist Todd A. Erickson — Folz, Freeman, Erickson, Inc. DMP, DDH, File -- Bonestroo & Associates K:1551O1d1McKean Square - Rev2 Grading & Erosion Ctrl Plans Rvw_5- 22- 03.doc McKean Square Fill /Land Reclamation and Grading EXHIBIT "C" DEVELOPER'S AGREEMENT BETWEEN VSSA MCKEAN WEST LLC AND THE CITY OF OAK PARK HEIGHTS, MAY 21, 2003 {Exhibit 0 Attached} Page 7of9 WITNESSETH; That: CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into this t day of May 2003, by and between Y the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City"), and, VSSA McKean West LLC (the "Developer "). WHEREAS, VSSA Housing and Community Services, LLC, an affiliate of the Developer has made application to the City Council for approval of a Planned Unit Development, General Plan of Development, Rezoning, and Preliminary and Final Plat of land within the corporate limits of the City described as follows: MCKEAN SQUARE See Attached Exhibit "A" WHEREAS, the City Council has on February 25, 2003, granted approvals to the Subdivision, on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of street, water, sewer and other public improvements as well as the development of on -site Improvements hereinafter described, all in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: Designation of Improvements: Improvements to be installed at Developer's expense by the Developer as hereinafter provided are hereinafter referred to as the "Plan A Improvements ". Improvements to be installed by the City and paid for by Developer are hereinafter referred to as "Plan B Improvements". 1. PLAN A :IMPROVEMENTS: The Developer will construct at Developer's expense the following Improvements under Plan A according to the following terms and conditions: A. The Developer shall do all site grading, common greenway and open spaces, storm water storage ponds, surface drainage ways and all private driveways including sodding of boulevards, all in accordance with the approved grading, drainage and site plan. A grading plan with maximum two (2) foot contours, pad elevations, drainage provisions, erosion control provisions and cross sections, as necessary, shall be submitted to and approved by the City prior to commencement of any site grading. Any changes to the grading plan during construction shall be submitted to the City for approval. Each building site must conform to the grading plan approved by the Building Inspector of the City prior to a building permit being issued. B. The Developer shall control soil erosion ensuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City Engineer shall be installed prior to development and as may be necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. 5. The Developer shall not locate its equipment within the right-of-way of 58th Street or Norwich Parkway as acquired by the City without the express written consent of the City Engineer. C. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be replaced after all street and lawn grading has been completed in order to preserve the lot markers. The developer shall also provide "as built" drawings verifying the finished grades for all building pads and drainage and common areas. D. The Developer shall be responsible for maintaining the location of and protecting curb stops, water services and sewer services. Any service or curb stop damaged shall be repaired or replaced as specified by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading) or driveway surface. E. Driveways /Garage Floors: Unless otherwise approved in writing by the City Engineer, there shall be a minimum 18 inch drop in elevation from the top of the garage floor slab to the top of the curb on the lot as finished and there shall be a maximum 10 percent grade on all driveways to be constructed. F. The Developer shall be required to provide landscaping and screening as determined by the City and as required by the ordinances of the City. Final landscaping plans must be submitted to the office of the City Planner for approval . G. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. The repair of any damage done to the streets or public utilities by Developer or any of its Contractors or Subcontractors, shall remain the financial responsibility of the Developer. H. The Developer shall furnish site lighting (Brownstone Buildings Only) in accordance with the City Ordinance requirements pursuant the to lighting plan which has been filed with and approved by City staff. Tree Protection and Clearing: The Developer must have the City Arborist or a person under her designation providing on -site supervision and direction during the clearing process. Prior to the clearing operation being initiated all clearing limits and trees to be protected shall be clearly marked. Tree protection fencing shall be installed and maintained until after grading is complete. All fencing shall be installed at least 20 feet distant from the trunks of large shade trees (deciduous) and around coniferous trees no closer than the drip line. Silt fencing may not be used as a substitute for tree protection fencing. Fencing shall be orange in color with steel posts at 6--8 foot intervals. The City Arborist shall be contacted by Developer for an inspection after the fencing is installed. All tree replacement fees due the City pursuant to the City Tree Protection ordinance following shall be paid within 10 days following the Arborists certification of amounts due. General Requirements: J. Developer has previously in the platting of Boutwell's Landing and pursuant to Development Agreements signed therewith paid appropriate park dedication fees for this subject property. K. The Developer shall dedicate and survey those drainage and storm water - holding ponds as required by the City Engineer to be shown on the final plat. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development. The City is requiring Developer to dedicate certain storm water drainage areas and holding ponds to serve Developer's project. Such areas are incorporated within the drainage easements depicted on the final plat and upon execution of this Development Agreement and the recording of the final plat conveyed to the City. Developer is retaining as separate /private ponds, streams and interior waterworks for which it shall be exclusively responsible and which shall not become part of the city's storm sewer and or storm water drainage systems notwithstanding their location within public drainage easement areas. L. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate federal, state, watershed, regional and local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities M. Drainage and utility easements. 10 foot drainage and utility easements shall be provided along all lot lines in within the plat. N. Wetland Designation. All areas classified as wetlands shall be displayed upon the plat and those so specified by the City Engineer shall be dedicated to the public for that purpose. 2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST 1. Boulevard and swale sod $ 2,500.00 2. Landscaping and Planting $ 400,000.00 3. Tree Relocation $ 24,000.00 4. Street signs $ 3,900.00 4 5. Street lights $ 204,000.00 6. Parking Lot and Pathway Lighting $ 77,600.00 7. Grading $ 312,000.00 8. Seeding and Erosion Control $ 29,800.00 9. Private Streets and Parking areas $ 56,000.00 10. Trails and sidewalks $ 100,200.00 11. Bridge and retaining walls $ 140,000.00 12. Private Storm sewer $ 49,000.00 13. Pond Protection & Restoration $ 12,000.00 14. Utility Protection & Repair $ 9,000.00 15. Street Protection & Repair $ 10,000.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $1,430,000.00 ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20 %): $ 286,000.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS $1,716 , 000.00 SECURITY REQUIREMENT (25 %) $ 429,000.00 TOTAL PLAN A ESCROW $2,145,000.00 MCKEAN SQUARE 3. CONSTRUCTION OF PLAN A IMPROVEMENTS MCKEAN SQUARE 5 A. Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. B. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. C. Easements. The Developers shall dedicate to the City, upon approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Plan A and Plan B Improvements as determined by the City. All such easements required by the City shall be in writing, and in recordable form, containing such terms and conditions as the City shall determine. If within the platted area, all such easements shall be dedicated to the City and specifically described within the Plat. As it affects all easements located outside the platted area, the same shall be dedicated by separate easement conveyed to the City simultaneously with the execution of the Development Agreement. D. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Plan A Improvements. Concurrently with the execution of this Agreement, Developer or its general contractor shall provide security to the City in a form to be approved by the City Attorney, guaranteeing the performance by Developer of the construction of the Plan A Improvements in a timely and proper manner. Additionally, Developer guarantees and agrees that, should the City need to apply a claim on said security, that Developer shall pay all attorney's fees and administrative expenses associated with said action. E. Security. The Developer or its general contractor's shall provide to the City a Cash Security, Letter of Credit or other security acceptable to the City Attorney to secure the performance and construction of the Plan A Improvements. A Letter of Credit shall be issued for a period of time not less than one (1) year in duration. Security as provided under this section shall be proportionately released upon certification by the City Engineer that the Developer has satisfactorily completed the various performances due in constructing the Plan A Improvements excepting those amounts reasonably necessary to secure the guarantees provided for in Paragraph D above. 4. PLAN B IMPROVEMENTS. (MCKEAN SQUARE) The following improvements will be installed by the City at the Developer's expense, according to the following 6 terms and conditions: 1. DESCRIl'TION OF IMPROVEMENT ESTIMATED COST (MCKEAN SQUARE) A. Sanitary sewer $ 208,000.00 B. water main $ 191,200.00 C. House Services $ 95,500.00 D. Storm Sewer $ 135,500.00 E. Base preparation $ 72,000.00 F. Curb and Gutter $ 79,000.00 G. Surfacing $ 100,500.00 H. Sidewalks $ 134,600.00 1. Sodding $ 27,700.00 J. Construction management $1 0,000.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN B IMPROVEMENTS: ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20 %): TOTAL ESTIMATED CONSTRUCTION COST OF PLAN B IMPROVEMENTS: SECURITY REQUIREMENT (25 %) TOTAL PLAN B ESCROW MCKEAN SQUARE $1,054,300.00 $ 210,860.00 $1,265,1 60.00 $ 316,290.00 $1,581,450.00 5. That prior to the City ordering the installation and awarding the contracts as it relates to the Plan B Improvements and the costs therefor, the Developer shall deposit with the City of Oak Park Heights_a cash deposit, letter of credit or other security in a form to be approved by the City Attorney, the total estimated cost of the Plan B Improvements plus a 25% security requirement related thereto for a total of $1,581,000.00. The City shall pay from said deposit or security all expenses related to the construction of the Plan B Improvements, providing for the construction of same as follows: A. Construction. After the preparation of preliminary plans and estimates by the City, the City Council shall take bids on the projects and thereafter award the contract pursuant to law for the installation of the Plan B Improvements under the City's supervision. Upon receipt of the first bid tabulation, Developer shall be provided a copy thereof. The Developer shall have the right to immediately notify the City of its demand that the City reject all bids. As it affects the first bid tabulation, the City shall honor the Developer's wish if made to reject all bids and thereafter proceed to a second bidding on the project. Subsequent bid tabulations may be commented upon by Developer but the City may award to the lowest responsible bidder of the project in the manner provided by law. B. Escrow. No work shall be commenced under this Agreement until the Developer shall have filed with the City a cash deposit, certified check, Letter of Credit or other security in a form to be approved by the City Attorney, in the amount equal to the total estimated cost of the Plan B Improvements plus a security requirement of 25% in the total amount of $1,581,000.00. The City shall have the right to apply against the deposit or security all bills incurred by the City with regard to the Plan B Improvements, however, the City shall provide the Developer the opportunity to pay for said Improvements as bills are incurred, in cash, rather than applying payments as against the Letter of Credit provided to the City, if a Letter of Credit is used in lieu of a cash escrow by the Developer. In such case, the Developer shall have 5 business days from the time of submission of the bill by the City to the Developer to pay to the City, such amount in cash so that the City can use the payment to pay the amount due in lieu of drawing down on the Letter of Credit or other escrow on file with the City of Oak Park Heights. Security as provided under this section shall be proportionately released upon certification by the City Engineer that the individual Plan B projects are satisfactorily completed excepting amounts reasonably necessary to secure the payment of change orders authorized under paragraph F below. 8 C. Plans and Specifications. The Developer shall be provided with a copy of the plans and specifications as prepared by the office of the City Engineer for the Plan B Improvements and shall be allowed the opportunity to continent on same prior to final release of the bid specifications by the office of the City Engineer for purposes of receiving bid on the Improvements. The Developers shall also be notified of the bid opening date and provided the opportunity to comment on the bids received prior to the award of the bid on the Plan B Improvements The Developers shall also be provided the opportunity to request that the City Engineer consider including certain contractors that the Developer might suggest to be added to the proposed bidder's list. Final determination of the proposed bidder's list shall rest in the discretion of the City Engineer. D. Ownership of Plan B Improvements. All such Improvements as constructed shall become the property of the City. The Developer shall dedicate to the City prior to approval of the final plat at no cost to the City all permanent and temporary easements necessary for the construction of such Improvements as determined by the City. E. Contracts. All such construction contracts as awarded by the City to construct the Plan B Improvements shall provide for a guarantee of the workmanship and materials for a period of one year following the completion of construction of the Plan B Iamprovements. All such contracts shall also conform to the ordinances and specifications of the City in the construction of all Plan B Improvements. F. Change orders. No change order increasing the contract expense shall be authorized by the City without first notifying Developer of the change. G. Estimates. The above estimates are engineering projections only. Developer shall be responsible for all actual expenses incurred in the securing and installing of all Plan B Improvements. The method of calculation of such costs shall be as specified by the City Engineer. H. Connection Charges. All connection charges and fees shall be paid by Developer. The City Engineer shall compute the connection fee as prescribed by ordinance /resolution as to this development and advise the City Clerk as to the appropriate fee to be collected. Connection fees for the entire development is due and payable upon execution of this agreement and are as follows McKean Square-A11 lots and Blocks Sanitary Sewer $ 81,736.20 Water $ 112,615.00 Storm Sewer $ 180,23 8.80 The overall gross area of the development is 34.98 acres. After subtracting out the non - developable areas of ponds and wetlands totaling 5.04 acres, the net developable area is 29.94 acres. The connection fees are based on this net developable area of 29.94 acres. Additionally a credit of $29,600.00 credit was applied to the water main connection fee for . the construction of a 12" trunk water main through the site. One hundred percent (100 %) credit was applied for areas where no lateral benefit is received, and a credit of $8.00 per linear foot was applied for areas where lateral benefit does exist. 6. CONSTRUCTION MANAGEMENT AND COORDINATION. In recognition of the reality of both Plan A and Plan B Improvements will be constructed on the site simultaneously the parties to this agreement acknowledge the need for an on site manager to direct the work and coordination of all work crews on the site so as to minimize conflicts and provide for a more efficient scheduling of construction activities. The parties hereto agree that the City Engineer shall designate a Site Manager(s) to whom all contractors and subcontractors shall meet with and be directed in their construction activities. The Site Manager(s) shall have the authority to permit, prohibit or redirect the activities of any contractor or subcontractor in accessing the site to do their work. The Site Manager(s) shall take into account the reasonable needs of both parties to perform their tasks in an efficient and timely manner under this contract and shall use their best judgment in accommodating those needs. Both Parties shall instruct their contractors and subcontractors that the directives of the site manager are mandatory and that failure to comply with any such directive shall constitute a condition of breach under their contract and could result in their removal from the site. 7. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow account to the City of Oak Park Heights in the amount of $7,500.00 to reimburse the City of Oak Park Heights for previous billed expenses relating to this development and for the payment of future administrative expenses as may be incurred thoughout the construction of this development. 8. GENERAL: A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of 10 the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. The Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision and all recording fees, if any, shall be paid by the Developer. B. Final Plat Approval. The City has given final approval to the plat of MCKEAN SQUARE upon execution and delivery of this Agreement and of all required documents and security to be supplied by Developer shall be subject to compliance with the Ordinances of the City and terms and provisions hereof, permits may be issued by the City. C. Incorporation of Reference. All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. Specifically the following Planning Reports and Engineering files and final documentation approved by the City Planner and the City Engineer are specifically incorporated by reference herein and included herein as if originally made part of this agreement. 1. December 2, 2002 Letter to Judy Hoist from The Middle St. Croix Valley Water Management Organization 2. February 13, 2003 Letter to Judy Hoist from Bonestroo, Rosene, Anderlik and Associates 3. NAC Planners report of February 7, 2003 4. Resolution 0342-14 City Council, City of Oak Park Heights 5. March 28, 2003. Letter from Bonestroo, Rosene, Anderlik and Associates to Judy Hoist 6. February 18, 2003. Memorandum to OPH Planning Commission 7. March 12, 2003 letter to Judy Hoist from Middle St. Croix Valley Water Management Organization D. P.U.D. Permit. The City shall issue and file the Planned Unit Development Permit of record in the office of the County Recorder E. Administrative and Miscellaneous Expenses. As to any and all administrative, legal or engineering costs which the Developer is expected to pay to the City, which costs may be offset against the security which the Developer has filed and provided to the City, the Developer shall be given 11 the opportunity to review and comment on such costs prior to the application by the City of on the security posted for the payment of same. Should the Developer dispute the reasonableness of any of the City's charges, Developer shall have the right to submit any such dispute to arbitration at Developer's sole and exclusive expense. Arbitration shall be conducted by the American Arbitration Association and shall be initiated and paid for by Developer. F. Establishment of Construction Schedules. The City Engineer shall establish construction schedules for Plan A and Plan B Improvements and shall consult with Developer prior to establishing same. G. Zoning. MCKEAN SQUARE has been designated a zoning classification of PUD by. the City Council. All future use and development shall comply with the applicable provisions of the relevant zoning ordinance of the City relating thereto. H. Street Grades. The grades of all streets shall not exceed 8% and the minimum grade shall not be less than .5 %. �. Landscaping and Plantings. A final landscaping and planting plan, tree inventory and tree preservation plan shall be developed and submitted to the City Planner and City Arborist for their approval by Developer. Developer shall endeavor to obtain such permits as are needed to place and construct a well on the project site for purposes of providing a source of water for irrigation of the project. If a well is constructed by Developer, it will offer to assist the City with it's irrigation needs for the park facilities donated to the City as part of the Boutwell's Landing Development. Final compliance with the City Tree Protection Ordinance shall be determined by the City Arborist and Developer shall pay all amounts due upon receipt of her final report to the City Council. J. Trash Receptacles. Four trash receptacle areas have been designated on the site plan for the entire building. All tenants of the building will be required to utilize these trash receptacles or will be required to store trash internally. K. Signage. A signage plan shall be developed by the Developers and submitted to the office of the City Planner for review and approval. L. Historic Church and School. The approvals granted by the City on February 25, 2003 and herein do not include any consideration of the areas identified for a possible location of historic structures. Those areas are excluded from 12 the General Plan approvals granted by the city and will have to be separately applied for by the applicant when it is ready to proceed with those projects. M. Landscape Islands. There shall be no landscape islands allowed in Nolan parkway. N. Trailways and Sidewalks. Developer shall accept and perform all maintenance and snow removal for all trail systems and sidewalks within the Development and in the Boutwell's Landing Development. Developer shall establish reasonable snow removal schedules consistent with their site maintenance priorities. Developer shall perform all replacement responsibilities for sidewalks and trail systems, except those located within the city park. O. Lighting. Developer shall perform all operation and maintenance responsibilities, repair and replacement, re-lamping and repair functions for all streetlights within the Boutwell's Landing, McKean West and McKean Square developments. Developer shall pay all electrical charges for streetlights and lighting within the McKean Square development. The City shall pay all electrical charges for streetlights within the Boutwell's Landing, McKean West and Autumn Hills Park area. Current electrical connections for Boutwell's Landing street lighting, McKean West street lighting and Autumn Hills Park are all connected to a single meter, which has previously been paid for by an affiliate corporation of the Developer. The City shall commence taking over the responsibility for payment of electrical charges on those facilities as of June 1, 2003. P. Agreement for Payment in Lieu of Taxes. Developer and the City have previously entered into a separate agreement providing for the payment by Developer to the City of funds, in lieu of real estate taxes on an annual basis, affecting those portions of the Boutwell's Landing development that are now, or may become in the future, tax exempt. Developer herewith agrees that, should in the future any of the portions of McKean Square or McKean West become tax exempt, it will also, pursuant to that agreement, provide for the payment by Developer to the City of the funds in lieu of real estate taxes, pursuant to the same terms and provisions thereof. The original Developer's Contract for Boutwell's Landing was executed by and between the City and Developer's affiliate corporation, Valley Senior Services Alliance, on the 30 day of December 1998. For purposes of this agreement, those provisions of the development contract affecting the payment in lieu of tax feature referenced above, from the December 30, 1998 Developer's Agreement between the City of Oak Park Heights and Valley Senior Services Alliance, and the agreement for payment of city services, also 13 Q executed December 30, 1998 between the City and Valley Senior Services Alliance, are hereby incorporated by reference herein. Refuse Collection. McKean Square and McKean West developments shall be considered, like the Boutwell's Landing development as one multiple family complex for purposes of the City's refuse collection system. Developer will therefore be solely responsible to arrange for its own refuse and garbage removal system, which must be compliant with the City's recycling standards. Developer has been informed of the potential for utilizing the current city refuse collection contract prices as a basis for negotiation of its own refuse collection contract. R. offsite Easements. Developer shall secure upon or prior to execution hereof a deed and/or documents satisfactory to the City Attorney permanent offsite easements from adjacent landowners to the east of the development to serve stormwater drainage needs as specified by the City Engineer. Developer shall also demonstrate marketable title for such conveyances. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the date and year first above written. In the presence of: 14 Bv: David Beaudet Mayor Eric J ` son CI r £ dministrator In the presence of: \,1 Git * \TaitAk.;— Ckir STATE OF MINNESOTA ) COUNTY OF WASHINGTON) On this da y May `Y of Ma 2003, before me a Notary Public, within and for said County personally appeared David Beaudet and Eric Johnson, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. SANDRA KAY KRUSE NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 3 '1, 2005 L , �. � ..raw ..✓ L ..�.,; .. '1' nw �:" f STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this 1c day of May 2003, Jefore me a Nota Public, within and for said Count y y y � Notary personally appeared • U. and p _ �° , to me personally known, being each by me duly sworn did s ay t that they are respectively the p &Q ,�0,e, `±., and of VSSA Housing and Community Services LLC, named in the foregoing strl rent; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said) (),._ and rp y y acknowledged said instrument to be the free act and deed of said municipal core ration. SS. VALERIE JEAN ALT NOTARY PUBLIC — MINNESOTA My Commission Expires 1.31 -2OO5 BY: VSSA Housing and Community Services LLC By: P\ Its /1411"jr By: Its L- ��'" ,"-vlu ryg-.1 Notary Public Notary Public THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (651) 439 -2878 2 EXHIBIT "A" PLAT 3 McKean Square Fill /Land Reclamation and Grading EXHIBIT "D" Tree Removal and Silt Fence Phasing Plan Plan by Folz, Freeman, Erickson, Inc. Titled: McKean Square, Oak Park Heights, MN Sheet: PP Received May 21, 2003 With City Comments Dated May 23, 2003 •/ • a t7: 1 00 li•••/.4..t,111;ilr=i11•10•11 ......... . ifill11•0110111ffai \\N sktkm 913N1Wci DNIS110H NONE DIffild DNB fitS ?MOM R. 1.11M1,11 . r ) ow na ks‘,,,k• ,‘",• 41141k AP, opo.kr NO 04. 11 • • • ta*, 77:\\\ TN. ,,,. \\\, ... , -‘ . A i.. s ‘,.\a\.. , •,....,.. ,, — ' :: :,„:„.47 McKean Square Fill /Land Reclamation and Grading EXHIBIT "E " MPCA General Storm Water Permit For Construction {Exhibit E Attached} Page 9of9 April 16, 2003 Todd Erickson, Project Engineer Senior Housing Partners 2845 Hamline Ave Roseville, MN 55113 -7127 RE: Coverage Under NPDES /SDS General Storm Water Permit for Construction Activity (MNR1 10000) for: McKean Square Elderly Housing Project (ID# C00009596) Dear Todd Erickson: Thank you for submitting your completed storm water application for the above - referenced project. The Minnesota Pollution Control Agency (MPCA) staff are pleased to inform you that you have been granted coverage under the National Pollutant Discharge Elimination System (NPDES) / State Disposal System (SDS) Storm Water Permit ( "Permit ") covering the above- referenced construction project. Your coverage under this Permit started April 12, 2003 (48 hours after the postmarked date of your completed application). Enclosed please find your "Notice of Storm Water Permit Coverage" card for your construction project. A photocopy of this `Notice of Storm Water Permit Coverage" is to be submitted to the project's local permitting authority (see Page 3 and Page 13 of the Permit) within 14 days of receipt. Also enclosed is a Notice of Termination form, which is to be submitted after your entire disturbed site has undergone final stabilization, and the maintenance activities as required by the Permit have been completed. Coverage under this Permit will continue until we receive a complete (signed by owner and general contractor) Notice of Termination form, and you have received written confirmation from the MPCA that your coverage was terminated. Please save this letter for your records, and if you have any questions during the course of your project regarding this Permit, please contact me at (651) 297 -1457. Sincerely Sharma Denis Regional Environmental Management Division Enclosures cc: Carl Johnson 62) Minnesota Pollution Control Agency Page 1 of 21 Permit No: MN R110000 GENERAL PERMIT AUTHORIZATION TO DISCHARGE STORM WATER ASSOCIATED WITH A CONSTRUCTION ACTIVITY UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/STATE DISPOSAL SYSTEM PERMIT PROGRAM ISSUANCE DATE: September 4, 1998 EXPIRATION DATE: September 3, 2003 In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251 et seq.; hereinafter, the "Act "), 40 CFR 122, 123, and 124, as amended, et seq.; Minnesota Statutes Chapters 115 and 116, as amended, and Minnesota Rules Chapter 7001; This permit establishes conditions for discharging storm water to waters of the state from construction activities which disturb five or more acres of total land area This permit DOES NOT authorize: 1) Discharges or releases that are not storm water as defined on Page 18 (see "Prohibitions" on Page 14 of this permit). 2) The placement of fill into waters of the state. Unless notified by the Agency to the contrary, applicants who submit a complete application form in accordance with the requirements of this permit are authorized to discharge storm water from construction sites under the terms and conditions of this permit 48 hours after the date the application is postmarked. Coverage under this permit will remain in effect until construction is complete, the site has undergone final stabilization, all maintenance activities required in Part I.E. have been • completed, and the Permittee has submitted a Notice of Termination, regardless of the above expiration date. Sign a to re : John N. Hoick, Manager for Peder A. Larson Nonpoint Source Compliance Section Commissioner Water Quality Division Minnesota Pollution Control Agency If you have questions on this permit, including the specific permit requirements, permit reporting or permit compliance status, please contact: Minnesota Pollution Control Agency Metro District /Community & Area -wide Programs 520 Lafayette Road North St. Paul, MN 55155 -4194 Telephone (651) 296-3890 Fax (651) 297-8701 All boldfaced terms are defined in "Definitions, Pages 15 through 18 TDD (for hearing and speech impaired only): (651)282 -5332 Made from over 50% recycled fiber including 20% post consumer waste Table of Contents Page 2 of 21 Permit No: MN R110000 Page L REQUIREMENTS OF TH IS PERMIT i o o. 3 A) Prerequisites for Submitting a Permit Application 3 B) Application for Coverage . 3 C) Records to be Kept On Site 4 D) Erosion and Sediment Control During Construction 5 1) Erosion Control 5 2) Sediment Control 6 E) Inspections and Maintenance 7 F) Duration of Permit Coverage 8 G) Appendices Incorporated by Reference 8 IL APPENDICES APPENDIX A - TEMPORARY EROSION AND SEDIMENT CONTROL PLAN A) Goal 9 B) Assigning Responsibilities .9 C) Plan Contents .. 9 D) Final Plans and Specifications 10 E) Plan Retention 10 F) Changes to the Temporary Erosion and Sediment Control Plan 10 APPENDIX B - PERMANENT EROSION AND SEDIMENT CONTROL PLAN A) Goal 11 B) Assigning Responsibilities 11 C) Plan Contents. 11 D) Final Plans and Specifications 13 E) Plan Retention 13 F) „ Changes to the Permanent Erosion and Sediment Control Plan 13 APPENDIX C - PROVISIONS A) Applicability Criteria 14 B) MPCA Address 14 C) Response 14 D) Authorized Discharges 14 E) Prohibitions 14 F) Definitions 15 APPENDIX D - RESPONSIBILITIES A) Transfer Ownership of Control 19 B) Permit Modification 19 C) Right of Entry 19 D) Civil and Criminal Liability 20 E) Oil and Hazardous Substance Liability 20 F) Liability Exemption 20 G) Minnesota Laws 20 H) Property Rights 20 I) Severability 20 J) NPDES /SDS Rules 21 K) Other Statutes, Rules, and Ordinances 21 L) More Stringent Rules 21 M) Agency Obligation 21 I. REQUIREMENTS OF THIS PERMIT A. PREREQUISITES FOR SUBMITTING A PERMIT APPLICATION Failure to complete the following prerequisites prior to submitting the application will result in the application being returned, and the construction project NOT authorized by this permit. 1. The owner must develop a Temporary Erosion and Sediment Control Plan in accordance with "Appendix A." The plan requirements must be incorporated into the project's final plans and specifications and implemented as part of the project. 2. The owner must develop a Permanent Erosion and Sediment Control Plan in accordance with "Appendix B." The plan requirements must be incorporated into the project's final plans and specifications and implemented as part of the project. The above plans are NOT to be submitted to the Agency but are to be retained by the owner in accordance with Appendices A and B; "Plan Retention." B. APPLICATION FOR COVERAGE Page 3of2T Permit No: MN R I 1 0000 1. The owner and general contractor are responsible for submitting a completed application form (or a photocopy thereof) to the Minnesota Pollution Control Agency (MPCA) for each project which disturbs five (5) or more acres of land. 2. The owner who signs the application is responsible for compliance with all terms and conditions of this permit. The general contractor who signs the application is a Co- Permittee for Parts I.B. through I.E., Appendix C, and Appendix D of this permit and is responsible for compliance with those portions of this permit. 3. This permit will become effective 48 hours after the postmarked date of the completed application form containing "Yes" responses to questions 6, 7, and 8. A "No" response to question 6, 7, or 8 will result in the application being returned to the owner, and no permit will be issued to authorize the construction. No construction which requires an NPDES permit may commence unless authorized by an NPDES permit. 4. Permittees will receive a "Notice of Storm Water Permit Coverage" card acknowledging permit coverage within 30 days of the postmarked date of the completed application. (See I.D.3. for posting requirements.) A photocopy of this card must be provided by the owner to the local permitting authority, where applicable, within 14 days of receipt. C. RECORDS Page 4 of 21 Permit No: MN R110000 1. The project's final plans and specifications which incorporate the requirements of the Temporary Erosion and Sediment Control Plan and Permanent Erosion and Sediment Control Plan must be: a. available at the construction site in either the field office, or, inspector's vehicle, or contractor's vehicle, and, b. available to federal, state, and local officials (in accordance with Appendix D, Subpart C) for inspection for the duration of this permit. 2. The following plans /records must be made available to federal, state and local officials within 24 hours of request (in accordance with Appendix D, Subpart C.) for the duration of the permit: a. Temporary Erosion and Sediment Control Plan developed in accordance with Part I.A.1. (if a separate document from the project's final plans and specifications). b. Permanent Erosion and Sediment Control Plan developed in accordance with Part I.A.2. c. Records of all inspections (see Part I.E.). Records shall include: 1) Date and time of inspections; 2) Findings of inspections; 3) Corrective actions taken (including dates and times); and 4) Documentation of changes to the Temporary Erosion and Sediment Control Plan made during construction. d. Date of all rainfall events. 3. The "Notice of Storm Water Permit Coverage" card shall be posted at any of the following locations: a. construction site entrance and visible from the nearest public roadway; b. visible from the nearest public roadway, where no construction site entrance exists; c. field office (if applicable); and d. for linear utility and noncontiguous municipal projects, at the office responsible for project administration. D. EROSION AND SEDIMENT CONTROL DURING CONSTRUCTION 1. Erosion Control a. The Permittee(s) shall use, where possible, horizontal slope grading, construction phasing, and other construction practices that minimize erosion. b. Unless precluded by snow cover, all exposed soil areas* with a continuous positive slope within 100 lineal feet from a water of the state, or from a curb, gutter, storm sewer inlet, temporary or permanent drainage ditch or other storm water conveyance system, which is connected to a water of the state, shall have temporary protection or permanent cover for the exposed soil areas within the following time frames: Type of Slope Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days Page 5 of 21 Permit No: MN R110000 Temporary protection or permanent cover where the area has not been, or will not be, worked by the contractor for: x For the purposes of this provision, exposed soil areas do not include stockpiles or surcharge areas of sand, gravel, aggregate, concrete or bituminous. c. The bottom of any temporary or permanent drainage ditch constructed to drain water from a construction site must be stabilized within 100 lineal feet from a water of the state. Stabilization must be initiated within 24 hours of connecting the drainage ditch to a water of the state, existing gutter, storm sewer inlet, drainage ditch, or other storm water conveyance system which discharges to waters of the state and completed within five calendar days. d. Prior to connecting any pipe to a water of the state or drainage ditch, the pipe's outlet must be provided with temporary or permanent energy dissipation to prevent erosion. 2. Sediment Control Page 6of21 Permit No: MN R11 0000 a. Sediment control best management practices (BMPs), which prevent sediment from entering a water of the state, gutter, storm sewer inlet, ditch or other storm water conveyance system, shall be established on all downgradient perimeters before any upgradient land disturbing activities begin, and shall remain in place until final stabilization has been established. b. The Permittee shall minimize vehicle tracking of sediment or soil off site at locations where vehicles exit the construction site onto paved surfaces, c. Where 10 or more contiguous acres of exposed soil are contributing to a discernible point of discharge, temporary sedimentation basins* must be provided prior to the runoff leaving the construction site or, entering waters of the state. These sedimentation basins shall comply with the following: 1) Basins shall provide 1800 ft per acre drained of hydraulic storage below the outlet pipe. For roadways, the use of adjacent drainage ditches with riser pipes to accomplish this is acceptable. 2) Basin outlets shall be designed to prevent short circuiting and the discharge of floating debris. The outlet should consist of a perforated riser pipe wrapped with filter fabric and covered with crushed gravel. The perforated riser pipe should be designed to allow complete basin drawdown. * While recommended, this provision will not be required for: 1) work on existing roadways where the 10 --acre disturbed common drainage area is served by an existing storm sewer which is daylighted off the road's right-of-way; or 2) proximity to bedrock or vertical relief precludes it; or 3) final stabilization will be established within 30 days of the initiation of construction activity. E. INSPECTIONS AND MAINTENANCE Page 7 of 21 Permit No: MN 8110000 1. Except where work has been suspended due to frozen ground conditions, the Permittee(s). shall inspect the construction site once every seven (7) days and within 24 hours after every rain event, which results in runoff leaving the construction site or entering waters of the state. The Permittee shall investigate and comply with the following inspection and maintenance requirements: a. Inspection Requirement: All erosion and perimeter sediment control BMPs to ensure integrity and effectiveness. Maintenance Requirement: All nonfunctional perimeter sediment control BMPs shall be repaired when the sediment reaches 1/3 of the height, or replaced, or supplemented with functional BMPs within 24 hours of discovery. All nonfunctional erosion control BMPs shall be repaired, replaced, or supplemented with functional BMPs as soon as field conditions allow access. b. Inspection Requirement: All temporary sedimentation basins to ensure effectiveness. Maintenance Requirement: When the depth of sediment collected in the basin reaches 1/2 the height of the riser, or 1/2 the storage volume, the basin shall be drained and the sediment removed. Drainage and removal shall be completed within 72 hours of discovery, or as soon as field conditions allow access. c. Inspection Requirement: Drainage ditches and other waters of the state for evidence of sediment leaving the site. Maintenance Requirement: Unless the project has received approval or certification for depositing fill into waters of the state, the Permittee shall remove all deltas and sediment deposited in drainage ways, catch basins, or waters of the state, and restabilize the areas where sediment removal results in exposed soil. The removal and stabilization shall take place within seven (7) days of discovery unless precluded by legal, regulatory, or physical access restraints. If precluded, removal and stabilization must take place within seven calendar days of obtaining access. The Permittee is responsible for contacting all local, regional, state and federal authorities prior to working in waters of the state, and receiving any applicable permits. Page 8 of 21 Permit No: MN R110000 d. Inspection Requirement: Construction site vehicle exit locations for evidence of off -site sediment tracking onto paved surfaces. Maintenance Requirement: Tracked sediment shall be removed from paved surfaces, which do not drain back into the construction site, within 24 hours of discovery. 2. Where parts of the construction site have undergone final stabilization, but work remains on other parts of the site, inspections of the stabilized areas may be reduced to once per month. 3. Where work has been suspended due to frozen ground conditions, the inspections and maintenance required in Part I.E.1. above shall take place as soon as weather conditions warrant or prior to resuming construction. 4. Unless required to remain in place by the owner or local permitting authority, all temporary synthetic, structural, and nonbiodegradable erosion and sediment control BMPs shall be removed after the site has undergone final stabilization. 5. After the entire project has undergone final stabilization, all temporary sedimentation basins to be used as permanent water quality management basins must be cleaned out by the Permittee to provide the sediment storage capacity required in Part I.D.2.c.2. Permittees are responsible for the maintenance of water quality management BMPs until construction is complete, the site has undergone final stabilization, and a Notice of Termination has been submitted to the Agency. F. DURATION OF PERMIT COVERAGE The owner and general contractor are responsible for complying with their respective portions of this permit until construction is complete, all maintenance activities required in Part I.E. are complete, the site has undergone final stabilization and a Notice of Termination is submitted to the Agency. G. APPENDICES INCORPORATED BY REFERENCE Appendices A, B, C, and D are incorporated into this permit by reference and are made both integral and enforceable parts of this permit. TEMPORARY EROSION AND SEDIMENT CONTROL PLAN B. ASSIGNING RESPONSIBILITY C. PLAN CONTENTS APPENDIX A (Completed prior to submittal of an application) a. perimeter sediment control; and b. placement and type of temporary cover. Page 9 of 21 Permit No: MN R110000 A. GOAL: The goal of the Temporary Erosion and Sediment Control Plan is to prevent sediment from entering waters of the state during construction. The owner shall incorporate Best Management Practices (BMPs) into the project's final plans and specifications, which are designed to meet this goal and comply with Parts I.D. and I.E. of this permit. While the general requirements are identified in Parts I.D. and I.E. of this permit, it is the owner's responsibility to select the appropriate BMPs which satisfy these requirements. When developing bidding documents or other contracts, the owner must identify who will implement and manage the erosion and sediment control BMPs before and during construction; and ensure that the plan will be implemented and stay in effect until the construction project is complete, the entire site has undergone final stabilization, and a Notice of Termination has been submitted to the Agency. In addition, the final plans and specifications must clearly identify who will be responsible for the maintenance requirements identified in Part I.E. of this permit. The Temporary Erosion and Sediment Control Plan, if developed as a document separate from the project's final plans and specifications, must be prepared for the proposed project. The plan must contain appropriate BMPs which comply with Parts I.D. and I.E. of this permit and contain standard plates and/or specifications of these BMPs. 1. Standard plates and/or specifications must be provided for all BMPs, selected by the designer to be used on the project, and at a minimum, must include the following: 2. Where applicable, standard plates and/or specifications must also be provided for the following: a. horizontal slope grading; b. proposed stabilized vehicle entrances; c. temporary sedimentation basins; d. storm sewer pipe outlet energy dissipation; e. storm sewer inlet control; and f. erosion and sediment control requirements for stockpile areas. D. FINAL PLANS AND SPECIFICATIONS Page 10 of 21 Permit No: MN R110000 The above standard plates and/or specifications are to be incorporated into the project's final plans and specifications. In addition, the final plans and specifications shall clearly denote: 1. Location and type or the procedures to establish the location and type of all erosion and sediment control BMPs. 2. Existing and final grades, including dividing lines and direction of flow for all storm water runoff drainage areas located within the project limits. 3, Locations of areas not to be disturbed or areas where construction will be staged to minimize duration of exposed soil areas. 4. All waters of the state, including existing wetlands identified on the National Wetlands Inventory Map, within one -half mile from the exposed construction area which will receive direct storm water runoff from the construction site during construction. Where waters of the state, including wetlands, which will receive the direct runoff will not fit on a plan sheet, they shall be identified with an arrow, indicating both direction and distance. 5. Timing for installation of all erosion and sediment control BMPs required in Part I.D. E. PLAN RETENTION The owner shall keep a copy of the Temporary Erosion and Sediment Control Plan and all changes to it for three years after completion of the construction project. F. CHANGES TO THE TEMPORARY EROSION AND SEDIMENT CONTROL PLAN Changes in the plan made during construction to accommodate phased construction, sequenced work, timing issues, or changed site conditions are allowable provided Parts I.D. through I.E. are complied with. APPENDIX B PERMANENT EROSION AND SEDIMENT CONTROL PLAN (Completed prior to submitting an application) Page 11 of 21 Permit No: MN R110000 A. GOAL: The goal of the Permanent Erosion and Sediment Control Plan is to protect Minnesota's water resources from pollutants generated from a project's ultimate development's impervious surfaces, change in land use, or changed ground cover. B. ASSIGNING RESPONSIBILITY When developing bidding documents or other contacts, the owner must identify who will maintain the water quality management BMPs until construction is complete, all maintenance activities required in Part I.E. are complete, the site has undergone final stabilization, and a Notice of Termination has been submitted to the Agency. C. PLAN CONTENTS The Permanent Erosion and Sediment Control Plan must be prepared for the proposed project, and may be developed as a separate document from the final plans and specifications. The plan must contain appropriate BMPs which satisfy the above goal, and contain standard plates and/or specifications of these BMPs. These standard plates and specifications must be incorporated into the project's final plans and specifications. At a minimum, the plan must contain: 1. Land feature changes (in acres) for both before and after construction: a. Total project area; b. Total impervious surface area of project; c. Total pervious area of project; d. Total estimated impervious surface area of ultimate development; and e. Total estimated pervious area of ultimate development. 1 Standard plates and/or specifications of permanent erosion and sediment control BMPs below (Appendix B. C. 2a. 2b. and 2c.): a. Sediment Control Where a project's ultimate development replaces surface vegetation with one or more acres of cumulative impervious surface and all runoff has not been accounted for in a local unit of government's existing storm water management plan or practice, the runoff shall be discharged to a wet sedimentation basin* prior to entering waters of the state. 1) Proposed Development Except as provided in 2) below ( "Reconstruction or Work on Existing Roadways"), the wet sedimentation basin shall be based on the project's ultimate development and comply with the following requirements: 2 Reconstruction or Work on Existing Roadways Page 12 of 21 Permit No: MN R110000 a) The basin's hydraulic volume shall be sufficient to capture a 1/2 inch of runoff from the impervious watershed area. b) Basins shall also provide a minimum of 250 ft. dead sediment storage volume below the basin's hydraulic volume /impervious acre drained. c) Basin inlets shall be placed above the sediment storage volume. d) Basin outlets shall be designed to remove all suspended solids greater than five microns with a settling velocity of 1.3 x 10 ft /sec. e) Basin outlets shall also be designed to prevent short circuiting and the discharge of floating debris. 0 Basins must provide spillways to accommodate storm events in excess of the basin's hydraulic design. While recommended, the above provision (Appendix B.C.2a.) will not be required for work on existing roadways where: 1) the drainage area is served by an existing storm sewer which is daylighted off the road's right-of-way or, 2) proximity to bedrock or vertical relief precludes it, or, 3) existing right-of-way precludes it. For these situations, however, the owner will be required to incorporate other sedimentation or treatment devices (i.e., grass swales, smaller sediment basins, etc.). b. Permanent Erosion Control 1) All drainage ditches constructed to drain water from the site after construction is complete must be stabilized. 2) All pipe outlets must be provided with permanent energy dissipation where the pipe's outlet velocity will exceed the permanent cover's erosive velocity. c. Treatment The owner is required to provide treatment of storm water through the use of BMPs such as grass swales, wetlands constructed for the purpose of treating storm water, and the planting or development of emergent vegetation around the perimeter of the wet sedimentation basin's sediment storage volume. D. FINAL PLANS AND SPECIFICATIONS Page 13 of 21 Permit No: MN R1 10000 The above standard plates and/or specifications are to be incorporated into the project's final plans and specifications. In addition, the final plans and specifications shall clearly denote: 1. Location and type of all permanent erosion and sediment control BMPs (Appendix B.C.2a., 2b. and 2c.). 2. The plan sheets must clearly identify all waters of the state, including wetlands identified on the National Wetlands Inventory Map within and one-half mile from the construction area which will receive direct storm water runoff from the construction site after construction is complete. Where the waters of the state which will receive the direct runoff and will not fit on the plan sheet, the resource shall be identified with an arrow, indicating both direction and distance. 3. Methods to be used for final stabilization of all exposed soil areas. For linear utility and roadway projects, final stabilization is not required on agricultural land which will be tilled within one year of project completion. E. PLAN RETENTION The owner shall keep a copy of the Permanent Erosion and Sediment Control Plan and all changes to it for three years after completion of the construction project. F. CHANGES TO THE PERMANENT EROSION AND SEDIMENT CONTROL PLAN Changes in the plan made during construction to accommodate changed site conditions are allowable provided all of Appendix B. is complied with. A. APPLICABILITY CRITERIA APPENDIX C PROVISIONS Page 14 of 21 Permit No: MN R110000 1. This permit covers storm water discharges associated with a construction activity which disturb five (5) or more acres of land in all areas of the state of Minnesota, except for agricultural/ silvicultural activities. 2. This is a National Pollutant Discharge Elimination System /State Disposal System general permit. 3. If the Commissioner determines that storm water discharges associated with a construction activity, or other activities, are contributing to a violation of a water quality standard or would be more appropriately regulated by an individual permit, the Commissioner may require a Permittee to be covered by an individual storm water discharge permit. The Commissioner may require a Permittee to develop and implement specific best management practices. Upon issuance of an individual permit, this general permit would no longer apply. 4. A permit applicant, or Permittee, may request an individual permit. B. MPCA ADDRESS Submit all forms, correspondence, reports, etc. to the following address: C. RESPONSE D. AUTHORIZED DISCHARGES E. PROHIBITIONS Minnesota Pollution Control Agency Metro District /Community & Area -wide Programs Attn: Construction Activity Storm Water Program 520 Lafayette Road North St. Paul, Minnesota 55155-4194 The Permittee shall respond to Agency requests for submittal of temporary and permanent erosion and sediment control plans and water quality management plans, certificates, reports, records, or other information required by this permit. Upon request, the Permittee shall also provide a copy of this information to the local permitting authority and municipal storm sewer operator. All discharges of storm water associated with a construction activity shall be composed entirely of storm water. Discharges of any material other than storm water, such as vehicle and equipment maintenance spills, wash water, oil and other hazardous substances are prohibited by this permit. F. DEFINITIONS Page 15 of 21 Permit No: MN R110000 1. "Act" means the Clean Water Act (formerly the Federal Water Pollution Control Act), United States Code, Title 33, Sections 1251 et seq., as amended. 2. "Agency" means the Minnesota Pollution Control Agency (MPCA). 3. "Application" means a completed application for activities regulated by this permit. Application forms are available from the Agency. 4. "Best Management Practices (BMPs)" means erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including construction - phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated areawide planning agencies. Examples of BMPs can be found in Protecting Water Quality in Urban Areas, Minnesota Pollution Control Agency 1989, and Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, U.S. Environmental Protection Agency 1992 as a reference for BMPs, and Erosion Control Design Manual, Minnesota Department of Transportation, et al., 1993. 5. "Construction Activity" means a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and nonvegetative), or the existing soil topography which may result in accelerated storm water runoff, leading to soil erosion and movement of sediment into waters of the state. Examples can include clearing, grading, filling and excavating. 6. "Discharge" means the conveyance, channeling, runoff, or drainage, of storm water, including snow melt, from a construction site. 7. "Energy Dissipation" means methods employed at pipe outlets to prevent erosion. Examples include, but are not limited to; aprons, riprap, splash pads, and gabions which are designed to prevent erosion. 8. "Erosion" means the wearing away of soil by rainfall, surface water runoff, wind, or ice movement. 9. "Erosion Control" means methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. 10. "Exposed Soil Areas" means all areas of the construction site where the perennial vegetation (including trees, shrubs, and brush) has been removed. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site. 11. "Final Plans and Specifications" means the reports, prints, drawings, written descriptions, and clear technical requirements necessary to build a project used by the owner for the purposes of entering into a construction contract. 12. "Final Stabilization" means that all soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 70 percent of the cover for unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures have been employed. Examples of vegetative cover practices can be found in Supplemental Specifications to the 1988 Standard Specifications for Construction (Minnesota Department of Transportation, 1991) . 13. "Five or more acres of total land area" means any project that disturbs at least five acres of land measured by the project's construction corridor, excluding areas staked as not to be disturbed. If the project is Tess than five acres, but is part of larger common plan of development or sale (where multiple separate and distinct construction activities may be taking place at different times on different schedules but under one plan), it is defined as "five acres or more of total land area. 1? Page 16 of 21 Permit No: MN R110000 14. "General Contractor" means the party who signs the construction contract with the owner to construct the entire project described in the final plans and specifications. Where the construction project involves more than one contractor, the general contractor will be the party responsible for managing the entire project on behalf of the owner. In some cases, the owner may be the general contractor. In these cases, the owner will sign the permit application as the general contractor and would become the sole permittee. 15. "Impervious Surface" means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. 16. "Local Permitting Authority" means the township, county, municipality, conservation district, watershed district, watershed management organization, or other public entity which has the authority to review and approve construction activities. 17. "Local Unit of Government's Existing Storm Water Management Plan or Practice" means plans or practices developed by the local permitting authority under state law for the purposes of protecting water quality. Page 17 of 21 Permit No: MIN R110000 18. "National Pollutant Discharge Elimination System (NPDES)" means the program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code Title 33, Sections 1317, 1328, 1342, and 1345. 19. "Notice of Termination" means notice to terminate coverage under this permit after construction is complete, the site has undergone stabilization, and all conditions of this permit have been satisfied. Notice of Termination forms are available from the Agency. 20. "owner" means the person or party possessing the title of the land on which the construction activities will occur; or if the construction activity is for a lease holder, the party or individual identified as the lease holder; or the contracting government agency responsible for the construction activity. 21. "Permanent Cover" means final stabilization. Examples include grass, gravel, asphalt, and concrete. 22. "Paved Surface" means a constructed hard, smooth surface made of asphalt, concrete or other pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots. 23. "Permit" means a National Pollutant Discharge Elimination System/ State Disposal System (NPDES /SDS) permit. 24. "Permittee" means a person, firm, or governmental agency or other institution who signs the application submitted to the Agency and is responsible for compliance with the terms and conditions of this permit. 25. "Runoff Coefficient" means the fraction of total precipitation that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 26. "Sediment" means the product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, or ice, and has come to rest on the earth's surface either above or below water level. 27. "Sediment Control" means methods employed to prevent sediment from leaving the site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. 28. "Soil" means the unconsolidated mineral and organic mineral material on the immediate surface of the earth. Page 18 of 21 Permit No: MN R1 10000 29. "Stabilized" means the exposed ground surface has been covered by staked sod, riprap, wood fiber blanket, or other material which prevents erosion from occurring. Grass seed is not stabilization. 30. "Standard Plates" means general drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. 31. "Storm water" means the precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage (defined in 40 CFR 122.26 [ b][1 3]). Storm water does not include construction site dewatering. 32. "Temporary Protection" means methods employed to prevent erosion. Examples of temporary include; straw, wood fiber blanket, wood chips, and erosion netting. 33. "waters of the State" means all streams, lakes, ponds, marshes, wetlands, watercourses, waterways, drainage systems and all other bodies or accumulations of waters, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portions thereof. Waters of the state do not include storm water detention basins, or wetlands constructed for the purposes of treating storm water, which do not discharge to surface waters. B. PERMIT MODIFICATION APPENDIX D RESPONSIBILITIES A. TRANSFER OWNERSHIP OR CONTROL 1. Violation of any terms of this permit; Page 19 of 21 Permit No: MN R1 10000 This permit may not be assigned or transferred by the permit holder. Where a new general contractor is selected after the submittal of an application, or where the general contractor changes, a new application must be, in accordance with Part I. B ., submitted to the Agency at least 48 hours prior to when the general contractor begins work at the site. After notice and opportunity for a hearing, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: 2. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or 3. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or 4. Minn. Rules pts. 7001.0170 and 7001.0180. C. RIGHT OF ENTRY The Permittee shall, pursuant to Section 308 o f the Act and Minnesota Statutes 115.04, allow representatives of the; Agency, local permitting authorities, local soil and water conservation districts, or municipality which operates the storm sewer system, upon presentation of credentials: 1. To enter upon the Permittee's premises where the construction activity is occurring for the purpose of obtaining information, examination of records, conducting surveys or investigations; 2. To bring such equipment upon the Permittee's premises as is necessary to conduct such surveys and investigations; 3. To examine and copy any books, papers, records, or memoranda pertaining to the storm water discharge. 4. To sample and monitor any substances or parameters at any location. D. CIVIL AND CRIMINAL LIABILITY E. OIL AND HAZARDOUS SUBSTANCE LIABILITY F. LIABILITY EXEMPTION Page 20 of 21 Permit No: MN R110000 Nothing in this permit shall be construed to relieve the Permittee from civil or criminal penalties for noncompliance with the terms and conditions provided herein. Nothing in this permit shall be construed to preclude the installation of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under Section 311 of the Act and Minn. Stat. chs. 115 and 116, as amended. This permit authorizes the Permittee to perform the activities described herein within the conditions set forth. In issuing this permit, the State /Agency assumes no responsibility for any damage to persons, property or the environment caused by the activities authorized or undertaken pursuant to this permit. To the extent the state /agency may have any liability for the activities of its employees, that liability is explicitly limited to that provided in the Torts Claim Act, Minn. Stat. § 3.736. G. MINNESOTA LAWS Nothing in this permit shall be construed to preclude the installation of any legal or administrative proceedings or relieve the Permittee from any responsibilities, liabilities, or penalties for violation of effluent and water quality limitations not included in this permit or applicable laws or regulations. H. PROPERTY RIGHTS The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. I. SEVERABILITY The provisions of this permit are severable, and if any provisions of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. J. NPDES/SDS RULE The Permittee shall comply with the provisions of Minn. Rules pts. 7001.0150, subp. 3 and 7001.1 090, subp. 1.A,B,C,H,I. This permit does not require the submittal of a data monitoring report. K. OTHER STATUTES, RULES AND ORDINANCES The Agency's issuance of a permit does not release the Permittee from any liability, penalty or duty imposed by Minnesota or federal statutes or local ordinances, except the obligation to obtain the permit. L. MORE STRINGENT RULES The Agency's issuance of a permit does not prevent the future adoption by the Agency of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards or orders against the Permittee. M. AGENCY OBLIGATION Page 21 of 21 Permit No: MN R110000 The Agency's issuance of a permit does not obligate the Agency to enforce local laws, rules or plans beyond that authorized by Minnesota Statutes. 07 „.„ ci) J tcc (ISO .3 STi I,HIS,J..ld TE3ss i A'11LWATn.IS IIIV I ILk?AY'Il' OGIOZ9i crwa� ir►r u��u u�vu Ad 3NI1WWH 11111ON 5t8 IN Pi ,11 11$Vd 11 VU �2�b'll�S N�}1�W [1[J EE a '' H SMNISVci !NISf]OH'OINKS ...LA A I---{ S A - 1_1...1 iL 07 „.„ ci) J 3'i Skh37'3�i5Akh;JO ari C s1.va glo d!❑ :Li w CID .< 1 PE- r/ •z. 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