2009-09-14 Response to Letter of Warning
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Consulting Engineers & Surveyors
7533 Sunwood Drive NW, Suite 206 · Ramsey, MN 55303
phone (763) 433-2851 · Fax (763) 427-0833
www.bolton-menk.com
September 14, 2009
Minnesota Pollution Control Agency
Attn: Ms. Teddi Seibring Trofin
Minnesota Pollution Control Agency
520 Lafayette Road
St. Paul, MN 55155
RE: Response to Letter of Warning
Niemeyer Trailer Sales
Dear Ms Siebring Trofin:
This letter is in response to the 8/17/09 Letter of Warning (LOW) issued by your office.
Please know that the City and its representatives will take all measures necessary to
achieve compliance, and are appreciative of the assistance and cooperation you have
extended. As we have discussed, the City is not the owner of this project, but is working
closely with the Owner/Developer to address the issues cited. Upon its receipt, the LOW
was shared with the Contractor and it was determined that as the receiver and as having
incorporated utility work into the project, the City would provide the response.
Addressed respectively to the order they appear on the 8/14/09 Inspection Report, below
please find a response to each item identified.
Permit Coverage: As we have discussed, the subject project bears the name Niemeyer
Trailer Sales, and should not be covered under MPCA LD.# C00022957, as cited in the
LOW. Permit LD.# C00022957 (Winter Park Imp 2007-CSW) is a city park project and
unrelated to the subject project (Niemeyer Trailer Sales). Upon receipt of your LOW, it
was discovered that the subject property (Niemeyer Trailer Sales) had not received an
NPDES-CSW permit. It is my understanding, that due to confusion among the
Developer's representatives, the permit application was not submitted prior to
commencement of site related work. It is, however, my understanding, that since we
spoke in the field, the Owner has applied for permit coverage.
EC 1: In the fall of 2008, the City issues a grading permit and site grading commenced
shortly thereafter. For your use, a copy of the grading agreement and engineering memo
are attached. In general, the mass grading of the site was completed by late fall of2008.
With the exception of exporting of some stockpiled materials, construction did not
resume until summer of2009. In June, under a city contract, a utility extension project
began (CSAH 37 Utility Extension) and shortly thereafter the developer related site
construction resumed. It is my understanding that the Contractor is aware of stabilizing
requirements, including timing thereof, and is working to achieve compliance. Currently,
DESIGNING FOR A BETTER TOMORROW
Bolton & Menk is an equal opportunity employer.
Niemeyer LOW
Pg. 3 of3
the Contractor's schedule is to have all site grading and improvements completed by
October 5th.
EC2: Since the date of the inspection, the ditch along the west side of the property has
been graded per plan and stabilized with blanket. Currently the lot immediately adjacent
to the ditch is being finish graded and will be stabilized upon completion.
SC 1: At the time of inspection, the on-site ponds were not complete and were being used
as sediment basins for dewatering associated with utility installation through the wetland.
The wetlands have been graded to their original contours and sccdcd with the appropriate
mix. Once the pond grading and outlets are complete, the banks will be stabilized and silt
fence will be installed around their perimeter. As requested, attached please find the
WCA application and notice of decision for the work associated with the wetland impact.
SC3: As required, entrance BMP's will be installed and maintained at construction
entrances. For you information, the entrance on the west side of the site and the entrance
on the east side of the site are located where Karston Avenue and the lift station
driveway, respectively, will be constructed permanently. An intermediate construction
access will remain during the site development and presumably during construction of the
Niemeyer Trailer Sales building.
SC4: Since your inspection, perimeter control has been installed around all stockpiles
and will be monitored and maintained as required.
SC8: As mentioned above, utility lines were constructed through wetlands. Silt fence
was placed at the limits of this construction and was removed during restoration grading.
Silt fence and other BMP's have been implemented and will be monitored and adjusted
as necessary to prevent conveyance of soils into the wetland areas.
M1: Perimeter control will be maintained and/or replaced as required to preserve its
effectiveness.
P 1: The debris pile noticed at the time of inspection as been removed from the site and
disposed of.
For your use, I have enclosed the following materials:
City's CSAH 37 Utility Extension plan
WCA wetland exemption application and decision
Niemeyer Grading Contract
City Engineer's Grading Review Memo
City approved constmction plans for Niemeyer Trailer Sales
The City will continue to work with the Owner and Contractor to ensure the appropriate
corrective actions are taken, and to achieve compliance with City and NPDES
compliance.
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Niemeyer LOW
Pg. 30f3
Please let me know if you have any questions or woulcllike any additional
documentati on.
Sincerely,
BOLTON & MENK, INC.
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Adam Nafstad, P.E.
Albertville City Engineer
Enclosures
Cc: Larry Kruse - City Administrator
Tim Niemeyer - Owner
Jay Johnson - Contractor