2007-08-07 MPCA Notice of Violation
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~ ~~.r..!..'!!! toE: 597~ Main ,"venue N.'. · eo. Box 9 · Alt>erlvlllo, MN 55301. (763) 497-3384 · ""', (763) 497-3210
August 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 MPCAinclude 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/SDSpermit. The violation notice sets out the specific reasons for the violations.
Paragraph l3.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 ofthe Developer's Agreement previously noted in City of
Albertville letters to you dated November 29,2005 and Decemberl,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 ofparagraphl3.f. of the
Developer's Agreement based on the MPCA violations noted above.
Minnesota Pollution Control Agency
520 Lafayette Road North I 5t. Paul, MN 55155-4194 I 651-296-6300 I 800-657-3864 I 651-282-5332 TTY I www.pca.state.mn.us
June 8, 2007
FACSIMILE NOs. 763-497-3384/952-497-3210
CONFIRMATION REQUESTED
Mr. Larry Kruse, City Administrator
City of Albertville
PO Box 9
Albertville, MN 55301-0009
RE: Notice of Violation - 2004 Prairie Run C00012695
Dear Mr. Kruse:
Enclosed is a Notice of Violation (NOV) issued by the Minnesota Pollution Control Agency
(MPCA) to the City of Albertville (Regulated Party) for alleged violations of National Pollutant
Discharge Elimination System/State Disposal System (NPDES/SDS) Construction Storm Water
Permit at the Regulated Party's Prairie Run Development located in Albertville, Minnesota. By
sending this NOV, the MPCA is notifying the Regulated Party of alleged violations that MPCA
staff discovered during file review on May 23,2007 and inspection on May 29,2007. This NOV
also provides the Regulated Party an opportunity to respond to the alleged violations.
The first section of the NOV cites the permit conditions which the MPCA alleges that the
Regulated Party violated, and describes the actions or omissions constituting the violations. The
second section, titled "Corrective Action," contains corrective actions that the Regulated Party is
to complete in order to resolve the NOV.
Please note, the Corrective Action section contains dates by which the actions should be
completed. Please also note, if the Regulated Party believes the allegations in this NOV are
incorrect, the MPCA requests a written response within ten days.
If you have any questions, please contact Teddi Trofin at 651-284-0299.
~Y2t/ () J
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Teddi Seibring Trofin
Pollution Control Specialist
Stormwater Section
Municipal Division
TST/TS:dac
Enclosure
cc: Lani Leichty P.E., Bolton & Menk, w/enclosure
Teddi Seibring Trofin, MPCA w/enclosure
Todd Smith, MPCA w/enclosure
Darryl Weakley, MPCA w/enclosure
MPCA Enforcement Data Coordinator w/enclosure
Appropriate File
5t. Paul I Brainerd I Detroit Lakes I Duluth I Mankato I Marshall I Rochester I Willmar I Printed on 100% post-consumer recycled paper
STATE OF MINNESOTA
Minnesota Pollution Control Agency
Municipal Division
NOTICE OF VIOLATION
In the Matter of: City of Albertville Permit Coverage for 2004 Prairie Run C00012695
To: City of Albertville
PO Box 9
Albertville, MN 55301-00009
PLEASE BE ADVISED, that the Minnesota Pollution Control Agency (MPCA) has sufficient
information to allege that the city of Albertville (hereinafter Regulated Party) has violated the
following provisions of permit conditions at its site located in Albertville, Minnesota.
L NPDES/SDS Construction Storm Water Permit MNR100001 Part III. C. La,
PERMANENT STORMWATERMANAGEMENT SYSTEM'
The basin must have a permanent volume of 1800 cubic feet of storage below the outlet pipe
for each acre that drains to the basin. The basin's permanent volume must reach a minimum
depth of at least 3 feet and must have no depth greater than 10 feet. The basin must be
configured such that scour or re-suspension of solids is minimized.
Basin outlets shall be designed such that the water quality volume is discharged at no more
than 5.66 cubic feet per second (cfs) per acre of surface area of the pond.
During A Storm Water Pollution Prevention Plan review conducted on May 23,2007, staff
concluded that the Sedimentation Basin was not designed nor constructed in accordance with the
permit requirement with respect to volume. The drainage area that conveys stormwater to the
new basin both on and off site is approximately 214 acres. This drainage requires 8.9 acre-ft of
dead storage and only 4.2 acre feet has been provided.
2. NPDES/SDS Construction Storm Water Permit MNR100001 Part IV. F. 1, POLLUTION
PREVENTION MANAGEMENT MEASURES
The Permittee(s) shall implement the following pollution prevention management measures
on the site:
Solid Waste: Collected sediment, asphalt and concrete millings, floating debris, paper,
plastic, fabric, construction and demolition debris and other wastes must be disposed of
properly and must comply with MPCA disposal requirements.
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During site inspection May 29,2007 MPCA staff observed and documented construction debris
including various materials left on undeveloped throughout the site.
3. NPDES/SDS Construction Storm Water Permit MNRIOOOOl Part IV. E. 4,
INSPECTIONS AND MAINTENANCE
All erosion prevention and sediment control BMPs must be inspected to ensure integrity
and effectiveness. All nonfunctional BMPs must be repaired, replaced, or supplemented with
functional BMPs.
During site inspection May 29,2007, MPCA staffobserved and documented erosion and
sediment control Best Management Practices (BMPs) not effective at the north end of Prairie
Court and the north end of Meadow Court. During site inspection May29, 2007, MPCA staff
observed and documented two sediment deltas in the curb and gutter system at the north end of
Meadow Court.
CORRECTIVE ACTION
To address the alleged violations cited in this Notice of Violation (NOV), the Regulated Party is
to complete the following actions:
1. Within 30 days after receipt of this NOV, submit a construction plan to the MPCA that
demonstrates the sediment basin will provide enough dead storage to meet the permit design
requirements for volume.; and
2. Within 30 days after receipt of this NOV, submit calculations demonstrating that the outlet.
structure. meets the permit design requirements for the discharge rate; and
3. Within 30 days after receipt ofthis NOV, submit documentation showing that all
construction debris has been removed from the project site; and
4. Within 30 days after receipt of this NOV, submit documentation showing that adequate
erosion and sediment control BMPs have been installed at the north end of Meadow Court
and the north end. of Prairie Court; and
5. Within 30 days after receipt of this NOV, submit documentation showing that you have
removed the sediment deltas in the curb and gutter system at the north end of Meadow Court.
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NOTICE
THEREFORE, you are hereby given notice that the above alleged violations have been recorded
and documented by the MPCA. This NOV and your response does not preclude the MPCA from
taking further action with respect to the above alleged violations. TheMPCA reserves the right to
seek any and all remedies available under Minn. Stat. 99 115.071, 116.072, 116.073, and
609.671 and all applicable rules or permits for any violations cited in the NOV. If the Regulated
Party believes the allegations in this NOV are incorrect, please respond in writing within ten days
after receiving this NOV and explain any inaccuracies. If the Regulated Party does not respond,
the MPCA will conclude that the alleged violations occurred as set forth in the NOV~-
DATED: {r~ -0'(
MUNICIPAL DIVISION
,-~
a e mpson, Supervisor
Sto water Stormwater Management Unit
St. Paul Office
Municipal Division
DT/TST/TS:dac
cc: Lani Leichty P .E., Bolton & Menk, w/enclosure
Teddi Seibring Trofm w/enclosure
Todd Smith, MPCA w/enclosure
Darryl Weakley, MPCA w/enclosure
MPCA Enforcement Data Coordinator w/enclosure
Appropriate File
FACSIMILE NOs. 763-497-3384/952-497-3210
CONFIRMATION REQUESTED
Address Submittals Requested Above To:
Teddi Seibring-Trofin
Minnesota Pollution Control Agency
Municipal Division, 4th Floor
520 Lafayette Road North
St. Paul, MN 55155-4194
651-284-0299
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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