Email from Terry Jeffery to Thomas Strohm 05-29-2014Generous, Bob
From: Jeffery, Terry
Sent: Thursday, May 29, 2014 1:49 PM
To: Thomas Strohm
Cc: Peter Knaeble; Matt Hanish; Generous, Bob; Mohn, Jerry
Subject: RE: Hummingbird Heights metes /Bounds - building permit
Tom,
These two lots are part of a "common plan of development or sale" as written in Part I.A.1 of the General Permit
Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollutant Discharge
Elimination System /State Disposal System Program (NPDES Construction Permit).
This was spelled out in the preliminary plat staff report dated January 27, 2014:
Page 4 - "Because these two lots are part of a larger common development, it will exceed the minimum threshold for a
General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National
Pollution Discharge Elimination System (NPDES - Construction Permit). The applicant will need to meet the
requirements of this permit and provide evidence of this compliance. At a minimum, a Surface Water Pollution
Prevention Plan (SWPPP) will need to be provided for staff review and comment before any site grading can take place."
Within the same staff report, under the Section entitled STORMWATER MANAGEMENT beginning on Page 4, the
absence of modeling data and the need to comply with NPDES and MCWD rules is discussed at length. The section
concludes on Page 6 with the following statement:
"As no specific designs were provided for the treatment areas, and no water quality modeling was provided, it is not
possible to determine what level of treatment has been provided. As such no credit has been applied as it is not
possible to determine the actual area treated or the efficacy of the treatment design. Provided they comply with the
stormwater requirements of Minnehaha Creek Watershed District, avoid creating concentrated flow discharge points to
the bluff area, and maximize the treatment potential of the rain gardens, a specific design of the features can be
deferred."
Finally, within the same report you point to the conditions that you were obviously already aware of. Conditions 8 —12
all speak to the regulatory requirements for this development.
To meet the requirements you must obtain an NPDES permit for the entire development. You must assure that it is
compliant with the NPDES rules and the watershed rules. A letter from the district would suffice for meeting their
requirements but would not replace the need for an NPDES permit nor SWPPP. In addition, I need an Operations and
Maintenance Manual for the rain gardens that are to be recorded with the lot.
In summary:
1. Proof of compliance with Watershed Rules. This could be the form of a letter. If not then we need to see proof
of compliance with NPDES permanent storm water management rules.
2. Proof of Compliance with NPDES permit requirements including a SWPPP and permit number. This permit will
be valid for entire development.
3. O &M Manual for rain garden recorded against the property.
Again, these conditions were clearly enumerated in the January 27, 2014 staff report and in a letter to you dated
February 14, 2014.
Thank you for your attention to these matters.
1
Regards,
Terry
Terrance Jeffery I Water Resources Coordinator
City of Chanhassen I Engineering Department
7700 Market Boulevard I Chanhassen, MN 55317
DESK 952.227.1168 1 MAIN 952.227.1160
From: Thomas Strohm [mallto :toms @homestead- partners.com]
Sent: Thursday, May 29, 2014 11:43 AM
To: Jeffery, Terry
Cc: Peter Knaeble; Matt Hanish
Subject: Hummingbird Heights metes /Bounds - building permit
Terry,
I had left you a voicemail earlier today regarding the lot split for Hummingbird Heights we did a few months ago. our
builder, JMS, went into pick up their building permit and was told that they couldn't get it because we didn't submit the
watershed permit. Its my understanding that these two lots wouldn't trigger a watershed permit as the disturbed area
is under one acre. Furthermore, no work is actually being done by the developer, instead the builder will simply dig the
foundation and grade as needed per the grading plans (including the rain garden). The city has its measures to control
water /erosion through the building process.
I looked through the conditions of approval, for the metes /bounds subdivision that has been recorded, and there are a
few items in there that need clarification. I apologize some of these items may have been an oversight on my end.
Regardless,
1. Condition 8 —The applicant must provide a letter from watershed stating that the development is in
compliance with their stormwater mgmt. rules.
2. Condition 12 — I don't fully understand the need for an NPDES permit here as our plat is truly a standalone plat
from the other plat in Shorewood. Furthermore, it appears that we are disturbing less than one acre. So I guess
I am trying to confirm the need for a NPDES permit. Finally, the case could be made to treat these separately
because what would happen if we never get approval in Shorewood? ... then we would never be able to pull a
building permit in Chanhassen.
I believe the root of the issue here is that we take necessary measures to manage stormwater and erosion control on
our two lots. Again, we as the developer aren't actually doing any of the site work or improvements, rather the builder
will be doing the grading of the lots and will subsequently be implementing their own stormwater and erosion control
measures (monitored by the city per typical procedure). While I am not by any means trying to evade doing whats right
and necessary, I just don't want to prevent our builder and future homeowner from having a major delay.
Please let me know your thoughts on how to move forward and if you generally agree to treat the two plats separately.
Maybe it's as simple as getting a letter from the watershed stating that we meet their standards as proposed... but when
we talked with them several times today they didn't seem to have any idea what we were talking about, nor did they
have a sense of urgency ... as our builder is ready to dig.
Thanks for your assistance Terry.
Tom Strohm
Project Manager