HomeMy WebLinkAbout2004-05-28 BCWD Probable Violation NOtice to Goldridge GroupBROWN'S CREEK
WATERSHED DISTRIC
1380 West Fronta Road, Hw 36, Stillwater, MN 5508
Tel: 651-275-1136 ext. 26 Fax: 651-275-1254 ---
NOTICE OF PROBABLE VIOLATION OF BCWD RULE
Project Owner: Brad Coats, Goldrid Group Minnesota
Owner Address: 3021 Harbor Lane, Suite 20, Pl MN 55447
Project Name: Oak Park Station Oak Park Hei MN
BCWD Permit No.: 01-12
Date and Time: 512812004
Activit Erosion control
Durin an inspection on Ma 26, 2004 the followin apparent violations were observed b BCV;D staff:
Item No./BCWD Rule No.
BCVvTD Rule 3.2.6 states - "The permittee is responsible at all times for the maintenance and proper
operation of all erosion and sediment control facilities. On an propert on which land-disturbin
activit has occurred pursuant to a permit issued under this Rule, the permittee shall, at a minimum,
inspect, maintain and repair all disturbed surfaces and all erosion and sediment control facilities and soil
stabilization measures ever da work is performed on the site, and at least weekl until land-disturbin
activit has ceased. Thereafter, the permittee shall perform these responsibilities at least weekl until
ve cover is established."
1. Perimeter silt fence has collapsed in areas and/or is filled with sediment, makin the fence ineffective in
preventin sediment from travelin off of the site.
2. Gullies have formed on the north slope of both the channel leadin to the pond and the pond area itself.
3. Ve has not established on the bare area upslope north of the pond.
You hereb are re to take the followin actions to come into compliance with the above BCV;D Rule:
Action Requested
1. Remove accumulated sediment from behind the silt fence and replace/reinstall the silt fence alon the
rock swale and the pond frin from Memorial Avenue North to the g rass swale that directs water to the
pond from the north.
2. Remove accumulated sediment from behind the silt fence and replace/reinstall the silt fence alon the
top of slope where the ve has not y et established north of the pond.
I Remove downed silt fence alon Hi 5 where ve has established on the east side of the
pond.
4. Fill, seed, and blanket g ullies that have established on the northern slope upstream of the pond and rock
sale.
Mana
'0 Crai Leiser, President Karen Kilber Vice-President Gerald Johnson,, Secretar Ned Gordon
5. Broadcast seed over exists bare areas north of the pond.
All actions are to POAP y I with the terms and specifications of the approved erosion control plan and the
sp e cifications of -the,41PCA manual "Protectin Water Qualit in Urban Areas," per BCWD Rule 3.2.2. You
are re to take these actions b 4:00 Pm on Wednesda June Z, 2004.
BCWD staff will conduct an inspection of the site after 4:00 prn Wednesda -June 2, 2004 to deten-nine
compliance with the above-mentioned rule.
If the re actions have not been accomplished b the time indicated, a violation hearin will be
held before the BCWD Board of Mana at 6:30 pm on Monda June 14, 2004 at the Washin
Conservation District office at 1380 West Fronta Road, Hw 36, in Stillwater, MN 55028.
The timeliness and completeness of y our actions with respect to the above items will be considered b the Board
of Mana in decidin on further enforcement. You will be g iven the opportunit to speak to the violations
alle to ask q uestions of other persons addressin the Board, and to be represented b counsel, if y ou wish.
The Board ma issue a Cease and Desist Order re compliance with an violations found. The listin of
violations above does not prevent the Board from findin additional or other violations on the basis of the
evidence presented. Failure to compl with BCWD Rules, the conditions of y our permit or an Order of the
Board of Mana will subject y ou to civil and criminal penalties. Minnesota Statutes § 103D.545.
Pursuant to BCWD Rule 8.0, y ou will be liable for all costs incurred b the BCWD in obtainin and monitorin
y our compliance with applicable BCWD Rules, pen-nit conditions and Orders of the Board of Mana
includin consultants' costs and attorne fees. If y ou do not complete the actions re above b the
indicated deadlines, the BCWD itself ma act to remed apparent noncompliance and recover the costs of its
action, includin attorne fees, from y ou or y our suret
This Notice does not affect the abilit of an other federal, state or local bod of g overnment to take
enforcement action a y ou pursuant to its own laws and re
ISSUED BY:
R Flemin BCWD Representative
Nam itle (Print)
i g n/ature
cc: Karen Kill, BCWID Administrator
Chuck Holtman, Smith Parker, P.L.L.P.
Ja Johnson, Cit of Oak Park Hei
Steve Stamm, Goldrid Group
Mana
• Crai Leiser, President Karen Kilber Vice-President Gerald Johnson, Secretar Ned Gordon