HomeMy WebLinkAbout2014-10-13 BCWD Email to OPH Re Status of Watershed Review and Engineers Report Julie Hultman
From: Eric Johnson
Sent: Monday, October 14, 2013 2:33 PM
To: Julie Hultman; Chris.Long @stantec.com
Subject: FW: BCWD Permit 13-18 Pizza Ranch
Attachments: Engineer's Report_100913.doc
Follow Up Flag: Follow up
Flag Status: Flagged
FYI
From: Karen Kill [mailto:klkill @mnwcd.orq]
Sent: Monday, October 14, 2013 12:04 PM
To: Eric Johnson
Subject: FW: BCWD Permit 13-18 Pizza Ranch
From: Karen Kill
Sent: Friday, October 11, 2013 11:02 AM
To: Eric Johnson
Subject: FW: BCWD Permit 13-18 Pizza Ranch
From: Camilla Correll [mailto:ccorrell @eorinc.com]
Sent: Wednesday, October 09, 2013 9:02 AM
To: lynn.bruns @is-grp.com
Cc: will.kratt@is-grp.com; Karen Kill; Welch @smithDartners.com
Subject: BCWD Permit 13-18 Pizza Ranch
Hello Lynn,
The BCWD has completed its review of the submittal materials for Permit 13-18 Pizza Ranch. Please find the Engineer's
Report for this review attached to this email.
At this point in time a number of the rule requirements have not been met. The Engineer's Report articulates the
conditions that need to be met in order for the District to issue a permit for the proposed work. Per state law,the
BCWD Board has until November 25, 2013 to take action on this Permit Application. Given the number of rule
requirements that have not been met(and the number of corresponding conditions), District Staff has decided not to
include the Permit on the October 14, 2013 Board Meeting Agenda. In light of this determination and the need for
further information to complete the District's review of the application,the attached report does not include a
recommendation on disposition of the permit. If the application were advanced on the information received to date,the
District engineer would need to recommend that the Board of Managers deny the application.
Please review the contents of the Engineer's Report and let me know if you have any questions regarding its content. If
you or the Permit Applicant would like to schedule another meeting to discuss the rule requirements or the Engineer's
Report we would be available to meet any time. Otherwise,we would like to see a revised plan set as soon as possible
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so we can complete the Engineer's Report and make a recommendation for approval for the November 11th Board
Meeting.
Thank you.
Camilla Correll, PE
Partner
Water Resources Engineer
651.203.6036, ccorrell @eorinc.com
EOR: water I ecology I community
651 Hale Avenue North, Oakdale, MN 55128
p: 651770.8448 f: 651.770.2552 www.eorinc.com
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memo 1E0/
(T)651.770.8448 / (F)651.770.2552 www.eorinc.com
Date I October 2, 2013
To I BCWD Board of Managers and Karen Kill, Administrator
CC I Ernest Swanson; Lynn Bruns, PE I &S Group
From I Camilla Correll, PE
Regarding I Permit Application No. 13-18 Pizza Ranch
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: Ernest Swanson
Permit Submittal Date: August 14, 2013
Completeness Determination: September 26, 2013
Board Action Required By: November 25, 2013
Review based on BCWD Rules effective May 1, 2007
Recommendation: NA
GENERAL COMMENTS
This Permit Application is for the construction of a Pizza Ranch on a 2.34-acre undeveloped parcel
located on 60th Street North approximately 0.45 miles west of the intersection with Washington Avenue in
the City of Oak Park Heights, MN. It is located to the east of the Americlnn Hotel and west of Menard's
Pond. The project will include the construction of a new 6,238 Square foot Pizza Ranch Restaurant, 126-
stall parking lot, all necessary utilities, storm drainage, landscaping, and restoration. Under proposed
conditions, 1.56 acres or 66 percent of the site will be impervious.
The proposed site drainage will flow into the existing wetland(Menard's Pond) located to the east of the
parcel as follows(see grading plan attached to this memorandum):
• 0.53 acres of the site will flow into Bioretention Basin#1 located on the northeastern edge of the
parcel before discharging to Menard's Pond;
• 1.14 acres of the site will flow into Bioretention Basin #2 located on the central eastern edge of
the parcel before discharging to Wet Pond#1 located on the southern edge of the parcel and then
to Menard's Pond;
• 0.26 acres of the site will flow directly into Wet Pond #1 before discharging to the Menard's
Pond; and
• 0.57 acres of the site will flow directly to Menard's Pond.
Rule 2.0—STORMWATER MANAGEMENT
The Permit Applicant has submitted stormwater calculations that assume a lower hydrologic soil group
(HSG) under post-development conditions (versus using the same HSG to establish curve numbers for
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stormwater runoff calculations by submitting a soil amendment plan). Under pre-settlement conditions it
was assumed that the site is comprised of B soils and under post-development conditions it was assumed
that the site is comprised of C soils for those portions of the site subjected to grading activity.
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, subject to conditions.
The project proposes offsite discharge rates that are lower than estimated pre-settlement runoff rates for
the site under the 2-, 10- and 100 year events, meeting the BCWD Rule. Rate control is accomplished
using two bioretention facilities and a wet pond all of which outlet to the Menard's Pond to the east of the
development.
Table I.Pre-Settlement_ and Proposed Offsite Discharge Rates as modeled in HydroCAD
Event Pre-Settlement Proposed
2-year 0.71 cfs 0.61 cfs
10 year 3.59 cfs 2.78 cfs
100 year 12.49 cfs 12.38 cfs
Conditions and Comments:
The following changes need to be made to the construction plans and the Permit Applicant must demonstrate
that these changes will not affect the results presented in the stormwater calculations:
• Sheet C3.11 – The Rip Rap Emergency Overflow on the plan set is 935.60 feet while the elevation in
the HydroCAD model is 935.90 feet. Given that the peak elevation for the 100-year 24-hour event is
935.72 feet, additional flow would be coming out of the pond if the elevation shown on the plan set is
the correct elevation. This would impact the peak flow rates reported for the 100-year 24-hour event
which is very close to pre-settlement conditions. Clarify which elevation is the correct elevation and
demonstrate that it will not increase the proposed condition peak flow rates for the 100-year 24-hour
event.
• Sheet C4.14 – As the Minnesota Stormwater Manual (MPCA) states, the "maximum allowable
ponding depth (of a bioretention facility) is 18 inches". This note is included on the detail for Bio-
Swale Section B-B but is missing from the depth requirement note on the detail for Bio-Swale Section
C-C. In addition. the depth called out on the detail is 2 feet. This depth should be changed to 1.5 feet.
• Sheet C4.14–The label for the wet pond should be changed to Pond Section A-A to match the labels
provided on Sheet C4.12. In addition, the NWL provided on the detail does not match the NWL
provided on Sheet C3.11 (933.0 feet)or the starting water level in HydroCAD(also 933.0 feet).
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
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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 Not Met
Conditions and Comments:
The project area is subject to the 2004 TSMP Agreement. Since the City of Oak Park Heights has
consulted on and agreed to the implementation of the volume control standard in the BCWD's 2007
Rules, the volume control requirement for this site is the difference between the standard in the 2000
rules (which is met through regional treatment provided by the TSMP) and the standard in the 2007
rules. The following table summarizes the difference between these two volume control standards. As this
table illustrates, the stormwater management plan will have to infiltrate 0.048 AF of stormwater runoff
(the difference between the volumes generated under the 2000 rule language and the 2007 rule language
or 0.100 AF– 0.054 AF). Bioretention Basin #1 infiltrates 0.035 acre-feet of runoff(for the 2-year 24-
hour event) and Bioretention Basin #2 infiltrates 0.026 acre-feet of runoff(for the same event). The
combination of the two facilities infiltration capacity for the 2-year event (0.061 acre-feet) exceeds the
BCWD's requirement.
Table 2.Difference between the 2000 and 2007 volume control requirements
2000 Volume Control Standard: 2007 Volume Control Standard
- Pre-development CN of 61 (HSG B) - Pre-settlement CN of 57(HSG B)
- 1.5 year 24-hour rainfall event(2.6 in) - 2-year 24-hour rainfall event(2.8 in)
- 5%impervious allowance - No impervious allowance
Pre-Development Conditions 0.069 AF Pre-Settlement Conditions 0.054 AF
Post-Development Conditions 0.142 AF Post-Development Conditions 0.175 AF
Difference between the pre-and Difference between the pre-and
post-development conditions post-development conditions(volume
(volume required under the 2000 0.073 AF control required under the 2007 0.121 AF
rules which is exempted under rules)
the TSMP Agreement)
The proposed stormwater management plan does not comply with Rule 2.5.5 Infiltration Pretreatment
which states that `surface flows to infiltration facilities must be pretreated for long-term removal of at
least 50 percent of sediment loads". Since two of the three stormwater management facilities on the site
are bioretention facilities designed to provide volume control in the form of infiltration, pretreatment
measures shall be provided for all discharge points to these facilities. Given that these facilities are
receiving parking lot runoff via one or more curb cuts it is recommended that the Permit Applicant
evaluate the following options: grass filter strip with pea gravel diaphragm and/or sediment capture in
the curb-line entrance area(e.g. Rain Guardian or equivalent practice).
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.
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❑ Rule Requirements Not Met
Conditions and Comments:
The submittal materials include the results of a WinSLAMM Analysis used to demonstrate compliance
with the water quality rule. The following information regarding the WinSLAMM model needs to be
provided to ensure compliance with the rule:
- Existing and proposed models have been revised to run 1957 as the representative average year.
Supporting statistical analysis (narrative and output file) is required to review the validity of this
conclusion.
The following modifications need to be made to ensure compliance with the rule:
- WetPond #1 - Outlet is multi-staged and therefore not necessarily modeled correctly; see
WinSLAMM Help — Wet Detention Control Device — Other Outflow outlet device option for
guidance(i.e. develop a unique state-discharge curve outside of WinSLAMM).
- WetPond#1 -Evaporation losses have been incorporated; however appear over-estimated based
on State of MN guidance and calibrated watershed models. Revise per rates provided in the
following table:
Month Evaporation Rate(in/day)
January 0.01
February 0.01
March 0.03
April 0.06
May 0.10
June 0.12
July 0.24
August 0.14
September 0.11
October 0.10
November 0.06
December 0.01
- Biofilters#1 -Native soil infiltration rate(0.6 in/hr) is acceptable; however the 8.0 in/hr for
the 85%sand, 15%compost soil media mixture does not factor surface clogging or long-term in
situ performance. Information submitted does not support the use of 8.0 in/hr for the engineered
soils nor does the literature. For example, recent studies from the University of Minnesota St.
Anthony Falls Laboratory (SAFL) indicate a long term average infiltration rate of 4.0 in/hour for
iron-enhanced sand filters and the MN Stormwater Manual indicates 2.9 inches/hr for sand
filters. Permit Applicant shall submit literature supported values for the use of 8 in/hr or modify
the rates to reflect literature supported values.
- Outlets are entered in WinSLAMM as 12 ft and 24-ft vertical standpipes, 8-inch drain-tiles and 5_
ft broad-crested weir overflows. This is inconsistent with the HydroCAD modeling and Bio-
Swale Cross Sections. Rectify all inconsistencies between plan and models. Use WinSLAMM-
Other Outlet to simulate multi-stage surface outlets, as necessary. Also note that WinSLAMM
vertical standpipe diameters should be entered as feet.
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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 project meets the wetland bounce requirements by meeting pre-settlement rate and volume control up
to the 100 year event. Therefore, no increase in bounce or duration of inundation will result from this
development.
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 Not Met
Conditions and Comments:
The following components of the Erosion and Sediment Control/Stormwater Pollution Prevention Plan
need to be addressed:
• Bioretention facilities should not be used as temporary sedimentation basins (to protect the
underlying soils from clogging). Since the plan set indicates that these basins are to be used for
temporary sedimentation, the Permit Applicant shall submit a plan articulating how the existing
underlying soils will be protected from the migration of fines into the soil profile as a result of
being used as a temporary sediment basin. For example, the plan should note the bottom
elevation of the temporary sedimentation pond (a minimum of 18 inches above final grade) as
well as the bottom elevation of the bioretention facility (final grade) and/or the bioretention
facilities (while acting as temporary sediment basins) should be lined with filter fabric or other
impervious layer to protect the infiltration capacity of the underlying soils.
• Develop a restoration plan for the bioretention facilities and add notes to the plan set articulating
the restoration activities required to bring bioretention facilities on-line. Restoration activities
should include at a minimum: site preparation of planting areas; timing of native seeding and
native planting: weed control; and watering of plant material.
• Make sure the entire perimeter of the bioretention facilities protected with silt fence to prevent
traffic in the practice.
• Add the following items to the Project Phasing schedule(Sheet C4.12):
- Bioretention facility restoration activities (last item following construction and
stabilization of the entire site)
• Add note specifying the use of low-impact, earth moving equipment (wide track or marsh track
equipment, or light equipment with turf-type tires)in the vicinity of the bioretention facilities.
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• Add a note indicating that over-excavation in the bioretention areas (for in-situ materials) is not
permitted.
• Revise the second sentence under "Responsible Parties" to address the NPDES training
requirements for `person knowledgeable and experienced in the application of erosion
prevention and sediment control BMPs".
• Add text to the third paragraph of the grading notes on Sheet C4.13 indicating that test results
shall also be provided to the BCWD and Landscape Contractor prior to continuing operations.
The following components of the Landscaping Plan need to be addressed:
• The Bio-Swale Detail (Sheet C4.14) states that these facilities are to be seeded with MnDOT
Mesic Tall Grass Prairie Mix 15B. To promote the short- and long-term performance of the
bioretention practice the District requires the Permit Applicant to install mature plantings over
seed in the two bioretention facilities. Vegetation selection should be based on a specified zone
of hydric tolerance (e.g. Plants for Stormwater Design by the Minnesota Pollution Control
Agency is a good resource). In addition, salt resistant vegetation should be used in locations
with probable salt application (e.g. roadside, paring lot, etc). The Permit Applicant shall
resubmit a restoration plan for the bioretention facilities identifying the types of plant material
that will be installed in the bioretention facilities.
• Add language to the landscaping/restoration plan indicating that if a minimum coverage of 50
percent is not achieved after the first growing season, a reinforcement planting is required.
• Ensure that the Bioretention facility restoration activities include:
- Site preparation ofplanting areas
- Timing of native seeding and native planting
- Weed control
- Watering ofplant material
• Sheet L2.11, Landscape Notes. 4.03 states "install premium shredded hardwood mulch to a
minimum depth of 4 inches"which is inconsistent with the notes on the Bio-Swale Section details
(Sheet C4.14). Note in the landscape plan shall be corrected.
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
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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 Requirements Met
The Permit Applicant is not proposing to do any work in the floodplain and is subject to Rule 7.3.2 which
establishes requirements for the lowest basement floor elevation relative to the construction of stormwater
management facilities and/or conveyances. The first floor elevation of the Pizza Ranch restaurant is 939.9 feet
which is more than enough distance from the high water level of the two adjacent stormwater management
facilities: Bio-Swale C-C has a 100 year HWL of 935.37 feet and Bio-Swale B-B has a 100 year HWL of
935.89 feet.
Rule 8.0—FEES
Fees for this project as outlined below:
1. All other stormwater rule applications $3,000
2. Grading or Alteration 1.0—4.99 acres $1,250
• TOTAL FEES $4,250
Rule 9.0—SURETIES
Sureties for this project are as outlined below:
1. Grading or Alteration(—2 acres) $4,000
2. Stormwater Management Facilities—(125%of facility cost) *$74,000
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• TOTAL SURETIES ($5,000 Minimum Performance Surety) $78,000
*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. Replenish the permit fee deposit(BCWD Rule 8.0 and Board Policy):
a. Land Development fee( ).
b. Grading or Alteration fee( ).
c. Shoreland or Streambank Alteration fee( ).
d. Impacts or Alterations to a Waterbody or Ditch fee( ).
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.
3. Provide the following required sureties(BCWD Rule 9.0):
a. Total grading or alteration surety( ).
b. Stormwater management facilities surety or 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( ).
4. Provide a copy of National Pollutant Discharge Elimination System stormwater permit application for
the project from the Minnesota Pollution Control Agency. (BCWD Rule 2.6.13)
5. 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)
6. Provide revised plans for District approval showing the following changes:
a. Rectify the elevation of the rip rap emergency overflow for the wet pond on sheet C3.11 so it is
consistent with the elevations modeled in HydroCAD and verify that the change does not affect th
peak flow rates for the 100-year 24-hour rainfall event.
b. Correct the maximum allowable ponding depth of the bioretention facilities on Sheet C4.14 to 1.5
feet or 18 inches. Demonstrate that this change does not impact stormwater calculations.
c. Correct the NWL provided on the wet pond detail on Sheet C4.14 to 933.0 feet.
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d. Provide pretreatment for long-term removal of at least 50 percent of sediment loads for all
discharge points to the two bioretention facilities on site to meet the requirements of Rule 2.5.5.
e. While the WinSLAMM models (existing and proposed) have been revised to run 1957 as the
representative average year the supporting statistical analysis (narrative and output file) is
required to review the validity of this conclusion.
f. Verify that the outlet structure for WetPond#1 is modeled correctly in WinSLAMM and re-
submit water quality calculations.
g. Revise the evaporation rates for WetPond#1 in WinSLAMM and re-submit water quality
calculations.
h. Revise the infiltration rate for the engineered soil in the two bioretention facilities(from 8
inches/hour to 4 inches/hour)and re-submit water quality calculations.
i. Rectify all inconsistencies between,plan and models and use Other Outlet to simulate multi-
stage, as necessary for both bioretention facilities and re-submit water quality calculations.
j. Submit a 5-year monitoring plan for the two bioretention facilities to ensure their performance as
demonstrated in the stormwater calculations
k. Make the following changes to the Erosion and Sediment Control Plan:
- Clarify how the soils underlying the bioretention facilities will be protected while they are
being used as temporary sediment ponds.
- Develop a restoration plan for the bioretention facilities and add notes to the plan set
articulating the restoration activities required to bring bioretention facilities on-line.
Restoration activities should include at a minimum: site preparation of planting areas; timing
of native seeding and native planting; weed control; and watering of plant material.
- Provide silt fence protection along entire perimeter of bioretention facilities.
- Add the following items to the Project Phasing schedule (Sheet C4.12): Seeding and
mulching disturbed areas (should follow site grading); and Bioretention facility restoration
activities(last item following construction and stabilization of the entire site).
- Add note specifying use of low-impact, earth moving equipment (wide track or marsh track
equipment,or light equipment with turf-type tires)in vicinity of the bioretention facilities.
- Add note indicating that over-excavation in the bioretention areas (for in-situ materials)is not
permitted.
- Revise the second sentence under "Responsible Parties" to address the NPDES training
requirements for "person knowledgeable and experienced in the application of erosion
prevention and sediment control BMPs".
- Add text to the third paragraph of the grading notes on Sheet C4.13 indicating that test results
shall also be provided to the BCWD and Landscape Contractor prior to continuing
operations.
1. Make the following changes to the Landscaping Plan:
- Provide additional information on the planting plan for the bioretention facilities: native plant
list or seed mix components.
- Add language to the Landscaping Plan indicating that if a minimum coverage of 50 percent is
not achieved after the first growing season,a reinforcement planting is required.
- Modify Sheet L2.11, Landscape Notes, 4.03 to make consistent with the notes on the Bio-
Swale Section details(Sheet C4.14).
STIPULATIONS OF APPROVAL:
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1. Note that the permit, when issued, will require that the applicant notify the District in writing at
least three business days prior to commencing land disturbance. (BCWD Rule 3.3.1)
2. Provide the District with As-built record drawings showing that the completed grading conforms
to the grading plan.
3. Implementation of restoration plan for bioretention facilities.
4. Reinforcement planting if minimum coverage of 50 percent is not achieved after the first growing
season.
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