HomeMy WebLinkAbout2002-11-26 Public Works Director Inter Office Memo Re Stop Work OrderCi of
Oak Park Heights
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14168 Oak Park Blvd Me Box 2007 * Oak Park Hei NIN 55082 • (651) 439-4439 ■ Fax 439-0574
Interoffice Memo FIL rY
To: Ma and Cit Council
From: Public Works Director, Ja Johnson, PE
CC: Cit Administrator, Cit En Communit Development Director
Date: 11/26/02
Re: Oak Park Station Stop Work Order
Last Wednesda I issued a stop work order for g radin g that was about to happen
at Oak Park Station. The g radin g was to compl with an Order from the Brow's
Creek Watershed District riprap the ditch between the Kenned Buildin and Oak
Park Station. Since this order was in conflict with the approved development
plan I sent them a letter on November 1, 2002 informin them that the needed
to conform to the development plan and to provide the Cit with plans showin
an chan the were g oin g to make. We have not received the plans so I
stopped the work before the started. We still have not received an plans. The
Browns Creek Order has a deadline of December 9, 2002. To meet this deadline
the need to submit plans to the Cit accomplish the Browns Creek compliance
and still be onl a minor chan to the development plan. To this end i met with
the BCWD Administrator and En to determine a coarse of action that would
be acceptable to BCWD and be onl a minor chan to the plans alread
submitted to the Cit and BCWD.
Attached is a letter to Goldrid Group which su a chan that would meet
the BCWD re while bein a minor chan to the approved plan and
could be approved at Staff level so the can meet the December 9 deadline.
Also, attached is the BCWD "Findin of Fact, Conclusions of Law and Order"
TREE CITY U.S.A.
BROWN'S CREEK WATERSHED DISTRICT
BOARD OF MANAGERS
FINDINGS OF FACT,
In the Matter of oak Park Station CONCLUSIONS OF LAW
BCWD Permit Igo. 01-12 AND ORDER
FINDINGS OF FACT
1. On October 24, 2002, at a special meeting of the Brown's Creek watershed District
(BCWD) Board of Managers (Board), a hearing was held by the Board on this matter.
Managers present: Craig Leiser, Karen Kilberg, and Tim Freeman. Staff present:
Mitch Johnson, Ryan Fleming, and Louis Smith, District Counsel. oak Parr Station
was represented by Mr. Steve Stanum, Goldridge Group. Also present: Jay Johnson,
City of oak Park Heights.
2. Notice of the hearing was provided by certified letter to Mr. Brad Coats, Goldridge
Group Minnesota, on October 16, 2002.
3. BCwD Permit No. 01-12 was issued on March 13, 2002 to Goldridge Group,
4. BCwD staff inspected the subject site on September 25, 2002, and on September 26,
2002, sent a Notice of Probable Violation to Brad Coats, Goldridge Group, describing
four areas of noncompliance with permit and approved erosion control plan. The
BCVVD Notice required repairing erosion to stormwater ditch, regrading ditch,
removing sediment from pretreatment basin and stabilizing ditch with erosion
control blankets or other appropriate means, and requested compliance by October 6,
2002.
5. BCwD staff inspected the subject site again on Oct 11, 2002, and found that no
remedial action had been taken.
6. On October 16, 2002, BCwD staff issued notice of the October 24, 2002 hearing
before Board and requested compliance by October 22, 2002, to render hearing
unnecessary.
7. BCwD staff inspected the subject site on October 22, 2002, and met onsite with Mr.
Steve Stanurn of Goldridge Group and Jay Johnson of City of oak Park Heights. The
P ermitte had still taken no action to address any of the four areas of noncompliance.
Mr. Stanum indicated an inability of performing erosion repair and regrading work
due to wet conditions precluding backhoe access.
CONCL USIONS OF LA W
1. The BCWD possesses authority under Minnesota Statutes § §103D.335 and 103D.34I to
adopt � and implement rules applicable to erosion control and to issue remedial Orders for
compliance with those rules.
2. Rule 3.0 of the BCWD Rules is duly adopted and in force pursuant to the Board's
statutory authority and all applicable provisions of law.
3. Permittee has violated BCwD Rules by performing site - disturbing activity without
conforming to the terms of Permit 01 W 12 and the erosion control plan incorporated therein.
Accordingly, the Board of Managers hereby orders that:
1.
All silt fences at the subject site must be repaired or replaced at a higher elevation to
provide effective prevention against erosion by 4:30 p.m. on October 31, 2002.
2. Riprap streambank erosion protection in compliance with BCwD Rule 5.4 must be
installed by the Permittee in the ditch along the full length of the subject parcel, and
the ditch must be re-- graded to a 20 -ft. flat bottom trapezoidal shape, and seed with
appropriate seed mix for early fall pursuant to MnDDT Standards and Specifications
Section 2575, no later than 4:30 p.m. on December 9, 2002.
3. The sand bars and deltas formed in the basin must be excavated and regraded to
return the basin to the state as specified in the grading plan in order to perform
correctly as an infiltration/retention area no later than 4:3 p.m. January 13, 2003.
4. The Permittee shall pay to the BCWD within thirty (30) days from the date of invoice
a fee equal to the District's actual costs of field inspection, consultant's and attorney's
fees pursuant to BCWD Rule 8 .0.
5. Permittee remains subject to further fees in accordance with B CwD Rule 8.0 and
further oversight and enforcement pursuant to BCWD authority.
DATED: October 24, 2002
Craig Leiser, President
Brown's Creek watershed District
Board of Managers
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