HomeMy WebLinkAbout2010-12-07 BCWD Review Memo memo E01
(T) 651.770.8448 / (F) 651.770.2552 www.eorinc.com
Date 1 December 7, 2010
To 1 Permit Applicant: AutoZone Inc.
Authorized Agent: Alan Catchpool, CEI Engineering Associates, Inc.
CC 1 Karen Kill, Administrator
From 1 Lisa Tilman, P.E. and Camilla Correll, P.E.
Regarding 1 Permit Application No. 10 -19: AutoZone
Engineers Report
The following review of the above mentioned project located within the legal jurisdiction of the Brown's
Creek Watershed District (BCWD) was conducted to determine compliance with the BCWD rules pursuant to
the Board's permit issuance determination for this project.
Applicant: AutoZone Inc.
Permit Submittal Date: November 9, 2010
Completeness Determination: Complete November 29, 2010
Board Action Required By: January 28, 2010
Review based on BCWD Rules effective May 1, 2007
Recommendation: Approval with Conditions
GENERAL COMMENTS
The proposed project disturbs 0.95 acres and proposes 54% impervious cover to construct a new
commercial building and associated paved parking south of 60 Street and east of Norell Avenue in Oak
Park Heights. The -site is within the TSMP agreement area and drains to the Menards Pond. Onsite
stormwater management consists of a raingarden -type water quality feature.
Rule 2.0— STORMWATER MANAGEMENT
Rate Control— According to BCWD Rule 2.4.1, part (a), an applicant for a stormwater management
permit must demonstrate to the District that the proposed land - altering activity will not increase peak
stormwater flow from the site, as compared with the pre - settlement condition, for a 24 -hour precipitation
event with a return frequency of two, 10, or 100 years in the subwatershed drainage area in which the site
is located.
❑ Rule Requirements Met
The site drains to an onsite raingarden -type water quality practice and then to the Menards Pond.
These features provide the needed rate control to meet rule requirements.
Volume Control— According to BCWD Rule 2.4.1, part (b), an applicant for a stormwater management
permit must demonstrate to the District that the proposed land - altering activity will not increase
stormwater flow volume from the site, as compared with the pre - settlement condition, for a 24 -hour
FOR is an Equal Opportunity Affirmative Action Employer
Emmons & Olivier Resources, Inc. 851 Hale Avenue North Oakdale, Minnesota 55128
memo cont. (T) 651.770.8448 (F) 651.770.2552 www.eorinc.com
precipitation event with a return frequency of two years, or five years within a landlocked basin or a
subwatershed draining to a landlocked basin.
❑ Rule Requirements Addressed
The City of Oak Park Heights is a party to the TSMP agreement. Because the City of Oak Park
Heights has not yet approved BCWD's 2007 Rules, the applicant does not need to provide the
additional volume control required by the 2007 Rules.
Pollutant Loading—According to BCWD Rule 2.4.1, part (c), an applicant for a stormwater
management permit must demonstrate to the District that the proposed land - altering activity will not at
the down gradient property boundary, increase annual phosphorus loading as compared with the pre -
development condition.
❑ Rule Requirements Met
The required phosphorus reduction under the 2007 Rules is a 73% reduction in phosphorus. The
Menards Pond was shown in the Long Lake Management Study to provide 36% phosphorus
reduction. The onsite water quality feature is estimated to provide over 58% phosphorus reduction
for the site, which, when combined with the Menards Pond, meet the standard of the rule.
Lake/Wetland Bounce — According to BCWD Rule 2.4.1, part (d), an applicant for a stormwater
management permit must demonstrate to the District that the proposed land - altering activity will not
increase the bounce in water level or duration of inundation, for a 24 -hour precipitation event with a
return frequency of two, 10, or 100 years in the subwatershed in which the site is located, for any
downstream lake or wetland beyond the limit specified in Appendix 2.3.
❑ Rule Requirements Met
The Menards Pond and the onsite practice provide the needed control to meet the lake and wetland
bounce standards for downstream resources.
Rule 3.0— EROSION CONTROL
According to BCWD rule 3.2, All persons undertaking any grading, filling, or other land disturbing
activities which involve movement of more than fifty (50) cubic yards of earth or removal of vegetative
cover on five thousand (5,000) square feet or more of land shall submit an erosion control plan to the
District, and secure a permit from the District approving the erosion control plan.
❑ Rule Requirements Met
The project includes an erosion and sediment control plan that includes rock construction entrances,
silt fence at property boundaries, and inlet protection. The plan should be revised to include specific
methods for winter stabilization. The permanent revegetation plan includes the placement of sod,
trees, shrubs, and other perennials. The raingarden/water quality feature will be planted with sedges,
rushes and flowers.
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Emmons & Olivier Resources, Inc. 651 Hale Avenue North Oakdale, Minnesota 55128
memo cont. (T) 651.770.8448 (F) 651.770.2552 www.eorinc.com
The plans indicate the location of the proposed stormwater facility as a loading area. The applicant
has indicated in a letter that this area will be protected from compaction during construction to
maintain the infiltration capacity in the basin. Final signed plans that provide protection from
compaction and sedimentation during construction for the proposed facility (e.g. no use of the area for
temporary sediment detention, direct runoff to alternate area during construction, install silt fence
around the basin) and do not show the proposed stormwater facility area as a loading area (sheet C1)
are required.
Rule 4.0 —LAKE, STREAM, AND WETLAND BUFFER REQUIREMENTS
Buffer zone widths are dictated by the presence of a stream or tributary of Brown's Creek and by the
quality of lakes or wetlands on the development site.
❑ Rule Not Applicable to Permit
Rule 5.0— SHORELINE AND STREAMBANK ALTERATIONS
According to BCWD rule 5.0, no person shall construct or install a shoreline or streambank improvement
below the ordinary high water mark of a waterbody, without first obtaining a District permit.
❑ Rule Not Applicable to Permit
Rule 6.0— WATERCOURSE AND BASIN CROSSINGS
According to Rule 6.2, no person shall use the beds of any waterbody within the District for the
placement of roads, highways and utilities without first securing a permit from the District.
❑ Rule Not Applicable to Permit
Rule 7.0— FLOODPLAIN AND DRAINAGE ALTERATIONS
According to BCWD Rule 7.2, no person shall alter or fill land below the 100 -year flood elevation of any
waterbody, wetland, or stormwater management basin, or place fill in a landlocked basin, without first
obtaining a permit from the District. No person shall alter stormwater flows at a property boundary by
changing land contours, diverting or obstructing surface or channel flow, or creating a basin outlet,
without first obtaining a permit from the District.
❑ Rule Not Applicable to Permit
Rule 8.0 —FEES
Fees for this project as outlined below:
1. Stormwater Management — Rule 2.2b $3,000
2. Grading less than one acre $1,000
• TOTAL FEES REQUIRED $4,000
• TOTAL FEES RECEIVED $4,000
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Emmons & Olivier Resources, Inc. 651 Hale Avenue North Oakdale, Minnesota 55128
memo cont. (T) 651.770.8448 (F) 651.770.2552 www.eorinc.com
Rule 9.0— SURETIES
Sureties for this project are as outlined below:
1. Grading or Alteration $2,000 per acre (— 0.95 acres) $1,900
2. Stormwater Management Facilities, 125% of construction cost ($5,000) *$6,250
• TOTAL SURETIES REQUIRED ($5,000 Minimum Performance Surety) $8,150
• TOTAL SURETY RECEIVED $5,000
*No Stormwater Mgt Facilities surety is necessary if applicant can demonstrate that the municipality has
received equal or greater performance surety amount from applicant.
RECOMMENDED CONDITIONS OF THE PERMIT:
The permit application is recommended for approval with the following conditions. All of the conditions
must be fully met prior to issuance of the permit.
1. Provide proof of Preliminary Plat approval or, if no Preliminary Plat needed, letter from municipality
indicating conformance with local requirements upon preliminary municipal review. (BCWD Rule
1.4)
2. Provide proof that the municipality has received a Performance Surety of equal or greater amount
than 125% of the construction costs for the stormwater management facilities ($6,250) or provide the
following required sureties (BCWD Rule 9.0):
a. Stormwater management facilities surety in an amount greater than 125% of the construction
costs for the stormwater management facilities ($6,250).
3. Provide a stormwater facility maintenance instrument in a form acceptable to the District and proof of
recordation with Washington County. The maintenance instrument shall not be recorded with the
County until the draft is approved by the District. (BCWD Rule 2.5.7)
4. Provide final signed plans that:
a. do not indicate the proposed stormwater facility area as a loading area (sheet C1),
b. indicate the planned methods for protection from compaction and sedimentation during
construction for the proposed facility (e.g. no use of the area for temporary sediment detention,
direct runoff to alternate area during construction, install silt fence around the basin),
c. indicate erosion control methods for winter stabilization consistent with BCWD Rule 3.3.4.
Note that the permit, when issued, will require that the applicant:
1. Notify the District in writing at least three business days prior to commencing land disturbance.
2. Provide as-built drawings of the stormwater facility after construction is complete.
3. Replenish the permit fee deposit (BCWD Rule 8.0 and Board Policy):
a. Stormwater Management fee ($3,000).
b. Grading or Alteration fee ($1,000).
If the permit fee deposit is not replenished within 60 days of receiving notice that such deposit is due,
the permit application or permit shall be deemed abandoned and all prior approvals shall be revoked
and collection proceedings shall begin on unpaid balances.
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Emmons & Olivier Resources, Inc. 651 Hale Avenue North Oakdale, Minnesota 55128