2007-06-12 City's Answers to Interrogatroies
June 12,2007
Iverson Reuvers
Attn: Jason Kuboushek, Attorneys for Defendant
9321 Ensign Avenue South
Bloomington, MN 55348
RE: City of Albertville's Answers to
Gold Key's Interrogatories, Set II
Dear Jason:
Enclosed you will find the signed and notarized documents of the City of
Albertville's Answers to Gold Key's Interrogatories, Set II.
Sincerely,
~~
Bridget Miller
Albertville City Clerk
p~~ ~~
06/08/07 13:07 FAX 651 297 ~ _~ 4TH f~.-
-.-----
141002
.
Minnesota Pollution Control Agency
520 Lafayette Road North I St Paul, MN 55155-4194 I Ei51-29~300 I 800-657-3864 I 651-282-5332 lTY I www.pca.state.l11n.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 (NQV) issued by the Minnesota Pollution Control Agency
(MPCA) to the City of Albertville (Regulated P81ty) for alleged violations of National Pollutant
Discharge Elimination System/State Disposal System (NPDES/SDS) Construction Storm Water
Permit at the Regulated Party's Prairie RUlJ Development located in Albertville, Minnesota. By
sending this NOV, the MPCA is notitying 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 pennit conditions which the 1v.lPCA alleges that the
Regulated Party violated, and descnoes 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 actiol1s should be
completed. Please also note, if the Regulated Party believes the allegations in this NOV are
incorrect, the MPCA requests a written. respOllse within ten days.
If you have any questions, please contact Teddi Tronn at 651-284-0299.
~~/ j} J
~ ~_ ~poct
Teddi Seibring Trofin
Pollution Control Specialist
Stormwater Section
Municipal Division
TST/TS:dac
Enclosure
cc: Lalli 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/en.closure
Appropriate File
St. Paul I Brainerd I Detroit Lakes I Duluth I Mankato I Mar5hall I Rochester I Willmat I Printed on 100% post-consumer recycled paper
06/08/07 13:07 FAX 651 297 2343
--
~PCA 4~ FLR
141003
...
STATE ,OF MINNESOTA
Minnesota Pollution Control Agency
Municipal Divisio~
NOTICE OF VIOLATION
In the Matter of: City of Albertville Perinit Coverage for 2004 Prame 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 penn it conditions at its site located in Albertville, Minnesota.
1', NPDES/SDS Construction Storm Water PermitMNRIOOOOl PartIDo C.l.a,
PERMANENT STORMWATER MANAGEMENT SYSTEM'
The basjn must have a permanent vohnne of 1800 cubic feet of storage below the outlet pipe
for each acre that drains to the basin. The basin's permanent volwne 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 ~t scout or re-suspension of solids is minimized.
Basin outlets shall be designed such that the water quality volume is disoharged 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 MNRlOOOOl Part IV. F. 1, POLLUTION
PREVENTION MANAGEMENT MEASURES
The Pennittee(s) shall implement the following pollution prevention management measures
on the site:
Solid Waste: Collected sediment, asphalt and concrete nullings, floating debris, paper,
plastic, fabric, construction and demolition debris and other wastes must b~ disposed of
properlY,and must comply with MPCA disposal requirements.
1
MPCA 4TH FLR
~004
06/08/07 13:07 FAX 651 297 2343
I
I
During site inspection May 29, 2007 MPCA ~ObsetVed and ~ocumented cotistruction debris
including various materials left on undeveloped ~ougb.out 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 staff observed 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 May 29, 2007, :MPCA staff
observed and documented two sediment p.eltas 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 ofthis NOV, submit calculations demonstrating that the outlet
structure. meets the permit design requirements for the discharge rate; and
3. Wi.thin 30 days after receipt of this NOV. submit documentation showing that all
construction debris has been removed from the proj eet site; and
4. Within 30 days after receipt of this NOV, submit docwnentation 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 oftlUs NOV, submit documentation showing that you have
removed the sedim~t deltas !n the curb and gutter system at the north end of Meadow Court.
2
06/08/07
13:07 FAX 651 297 ?~~3
MPCA 4TH FLR
NOTICE
14I 005
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. The MPCA reserves the right to
seek any and all remedies available under Minn. Stat. ~~ 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 tbis NOY 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: { ,. ~ ..6'(
MUNICIPAL DIVISION
~
e mpson, Supervisor
Sto water Stonnwater Management Unit
St. Paul Office .
Municip.al Division
DT/TSTITS:dac
~: Lani LeichtyP.E., Bolton & Menk, w/enclosure
Teddi Seibring TroM w/enc1osure . ..
Todd Smith, "MPCA w/enclosure
Darryl Weakley, MPCA w/enclosure
MPCA Enforcement Data Coordinator w/euclosure.
Appropriate File .
FACSIMILE NOs. 763-497-33841952-497.3210
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
. 3
· 06/0tl/07 13:07 FAX 651 297 ~ _. MPCA 4TH F~._
-.-----
141002
.
Minnesota Pollution Control Agency
520 Lafayette Road NDrth I St. Paul, MN 55155-4194 I 651-296-6300 I 900-657-3864 I 651-282-5332 TrY I WW'/II.pCll.state,mn.us
June 8, Z007
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:
Euclosed is a Notice of Violation (NOV) issued by the Minnesota Pollution Control Agency
(MPCA) to the City of Albertville (Regulated Pmty) for alleged violations of National Pollutant
Discharge Elimination System/State Disposal System (NPDES/SDS) Construction Stonn Water
Permit at the Regulated Party's Prairie RWJ Development located in Albertville, Mirmesota. By
sending this NOV, the MPCA is notitying 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 peIlJlit 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 actiol1s 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.
~d/ j} J _
~ ~_ ~p:oR
Teddi Seibring Trofin
Pollution COl1trol Specialist
Stormwater Section
Municipal Division
TSTITS: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
St. Paul I 6raine!rd I Detroit Lakes I Duluth I Mankilto I Marshall I Rochester I Willmar I PrInted on 100% post-consumer recycled paper
, 06/0~/07 1J:07 FAX 651 297 2J43
--.--.
_MPCA 4T~ FLR
I4JOOJ
'"
STATE OF MINNESOTA
Minnesota Pollution Control Agency
Municipal Divisio~
NOTICE OF VIOLATION
In the Matter of: City of Albertville Permit Coverage for 2004 Pnririe 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 Albertvi11~ (hereinafter Regulated Party) has violated the
following provisions ofpermit conditions at its site located in Albertville, Minnesota.
1'. NPDES/SDS Construction Storm Water Permit MNRIOOOOl Part ID. C. l.a,
PERMANENT STORMW ATER MANAGEMENT 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 t?-at scour or re-suspension of soUds 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 ofthe 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 stonnwater 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 MNR10000l Part IV. F. I, 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 nnl1ings, floating debris, paper,
plastic, fabric, constTuction and demolition debris and other wastes must b~ disposed of
properly and must comply with MPCA disposal requirements.
1
. 06/08/07 13:07 FAX 651 297 2343
MPCA 4 Tn FLR
!4J 004
I
1
During site inspection May 29, 2007 MPCA s~observed and ~ocumented construction debris
including various materials left on undeveloped tljtroughout the sIte.
3. NPDESISDS Construction Storm Water Permit MNRIOOOOl Part IV. E. 4,
INSPECTIONS AND MAINTENANCE
. .
All e.-osion 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 staff observed 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 May 29, 2007, MPCA staff
observed and documented two sediment ~eltas 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 ofthis NOV, submit calculations demonstrating that the outlet
structure. meets the permit design requirements for the discharge rate; and
3. Within 30 days after receipt of this NOV, submit documentation showing that all
construction debris has been removed from the proj ect 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 sedjm~nt deltas .in the curb and gutter system at the north end of Meadow Court.
2
o6/osi07
13:07 FAX 651 297 ~3~3
MPCA 4TH FLR
NOTICE
[4J 005
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. The MPCA reserves the right to
seek any and all remedies available under Minn. Stat. ~~ 115.071, 116.072, 116.073, and
609.671 and all applicable rules or permits for any violations cited in the NOV. lfthe Regulated
party believes the allegations in this NOV are incorrect, please respond in writing wjthin ten days
after receiving this NOY and explain any inaccuracies. Ifthc Regulated Party does not respond,
the MPCA will conclude that the alleged violations occurred as set forth in the NOV.
DATED: { ,.~ ..c '(
MUNICIPAL DIVISION
~
e mpson, Supervisor
8to water Stonnwater Management Dnit
St. Paul Office .
MuniciP!il Division
DT/TSTITS:dac
cc: Lani LeichtyP.E.. Bolton & Menk, w/enclosure
Teddi Seibring TroM w/enclosure -..
Todd Smith, MPCA w/enclosure
:parryl Weakley, lY.IPCA w/enc10sure
MPCA Enforcement Data Coordinator w/enclosure.
Appropriate File
FACSJMILE 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, l\fN 55155-4194
651-284-0299
- 3