2007-08-07 Default LetterAugust 7, 2007
Gold Key Development, Inc.
Attention: Dean R. Johnson
4700 County Road 19
Medina, MN 55357
Re: City of Albertville; Prairie Run; Gold Key Development.
Dear Mr. Johnson:
On June 8, 2007, the Minnesota Pollution Control Agency (“MPCA”) issued the attached Notice
of Violation related to City of Albertville Permit Coverage for 2004 Prairie Run C00012695.
The permit referenced in the Notice of Violation is the National Pollutant Discharge Elimination
System/State Disposal System (NPDES/SDS) Construction Storm Water Permit issued to the
City of Albertville by the MPCA for the Prairie Run plat developed by Gold Key Development,
Inc. The violations cited by the MPCA include a finding that the permanent storm water
management system basin contains only 4.2 acre feet of storage where 8.9 acre feet are required
by the NPDES/SDS permit. The violation notice sets out the specific reasons for the violations.
Paragraph 13.F. of the City Of Albertville Planned Unit Development Agreement Prairie Run
between the City of Albertville and Gold Key Development, Inc., dated July 16, 2004
(“Developer’s Agreement”) states:
Developer represents to the City that Said Plat complies with all City,
county, state and federal laws and regulations, including but not limited
to: subdivision ordinances, zoning ordinances, and environmental
regulations. Developer agrees to obtain all required federal, state and
local permits. If the City determines that Said Plat does not comply,
the City may, at its option, refuse to allow construction or development
work in the plat until Developer so complies. Upon the City's demand,
the Developer shall cease work until there is compliance.
In addition to the violations of the Developer’s Agreement previously noted in City of
Albertville letters to you dated November 29, 2005 and December 1, 2006, the MPCA’s notice
of Violation constitutes an additional violation of paragraph 13.F of the Developer’s Agreement
in that the plat does not comply with State storm water management regulations. Accordingly,
the City is hereby declaring Gold Key Development, Inc. in default of paragraph 13.F. of the
Developer’s Agreement based on the MPCA violations noted above.
Letter to Gold Key
August 7, 2007
Re: City of Albertville; Prairie Run;
Gold Key Development
Page 2
The City requests that the Developer submit a plan to remedy the violations noted in the
MPCA’s June 8, 2007 Notice of Violation. The City is also again requesting that the Developer
submit a plan to remedy the previously identified violations of the Developer’s Agreement. As
with the prior defaults, the City will continue to withhold building permits in this plat until all
defaults have been remedied. Please forward any proposed solutions to the City Engineer for his
review.
Sincerely,
Larry Kruse
City Administrator