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79-04 - Fox Chase PUD pt 16O, CITY OF �ug4a�a°^"' CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 0 FAX (612) 937-5739 June 23, 1993 Mr. H. Kelsey Page Standke, Greene & Greenstein, Ltd. 17717 Highway 7 Minnetonka, MN 55345 Dear Mr. Page: This is to acknowledge our receipt of your June 15 letter concerning property owned by Timothy Klouda at 6401 Fox Path. I have reviewed the letter with the Engineering Department Staff and we believe that it contains a series of misrepresentations and understandings. We note in fact that, in our opinion, we remedied a drainage problem that had been created by your client when we redirected his drainage from an overland outlet into the storm sewer system. These improvements were done at the expense of the city and of the builder of the adjoining lot. In any event, I have forwarded a copy of your letter to the City Attorney for formal action. Sincerely, Paul Krauss, AICP Planning Director PK:v c: Roger Knutson, City Attorney City Council Dave Hempel, Assistant City Engineer Mike Wegler, Street Superintendent n %«A PRINTED ON RECYCLED PAPER ROBERT A. STANDKE MARK E. GREENE DANIEL B. GREENSTEIN H. KELSEY PAGE MARCIA S. ROWLAND LAW OFFICES STANDKE, GREENE & GREENSTEIN, LTD. 17717 Highway 7 Minnetonka, Minnesota 55345 June 15, 1993 JUK 1�9 CITE' C)P ur AREA CODE 612 TELEPHONE 474-3221 TELEFAX 474-2575 Mr. David C. Hempel Mr. Paul Krause Sr. Engineering Technician Planning Director City of Chanhassen City of Chanhassen 690 Coulter Drive 690 Coulter Drive P.O. Box 147 P.O. Box 147 Chanhassen, Minnesota 55317 Chanhassen, Minnesota 55317 Re: My Client: Timothy C. Klouda, 6401 Fox Path; Notice of Claim Dear Gentlemen: I want to bring to your attention the continuing water drain- age problems onto my client's property at 6401 Fox Path, which problems appear to have arisen from the alteration of the grade at 6411 Fox Path, and probably property to the West and South. I understand the City at one time attempted to rectify this situation by placing some drain tile in between 6401 and 6411 and hooking the same into the storm sewer sys- tem running in front of those residences. Those efforts have proven either defective or insufficient as water is inundat- ing my client's premises. This situation needs immediate attention as not only is my client's lawn and other landscaping being damaged but so is his house, garage, driveway and other improvements to the premises. I would estimate the known damage at present at over $10,000.00. Having reviewed the City documents on this matter, in our view, the City has liability on this matter by virtue of at least the following circumstances; 1. Allowing alteration of the grade of 6411 Fox Path which has created the flow onto the Klouda pro- perty. 2. Allowing a drainage system at 6411 Fox Path which discharged onto the public street in violation of City ordinances. 4 PROTECTED WATERS PERMIT P.A. Number 93-6217 Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and other supporting data, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below to change the course, current, or cross section of the following: Protected Water County Lotus Lake (10-6P) Carver Name of Applicant Telephone Number (include Area Code) Peter J. Dahl (612) 646-7917 Address (No. & Street, RFD, Box No. City, State, Zip Code) 220 Frontier Court, Chanhassen, Minnesota 55317 Authorized to: Place an 20' long, 14' wide extension on to an existing dock to form a dock with a "L" shape. All as shown in the plans and application received June 11, 1993. Purpose of Permit Expiration Date of Permit Navigational access November 30, 1994 Property Described as: County SE1/4 Section 12, T116N, R23W Carver s Indicated: (8) s Indicated: (11) The ordinary high D.N.A. water level, 896.3' (NGVD, 1929). This permit is granted subject to the following GENERAL and sPEciAL PRuvlsluvs: GENERAL PROVISIONS 1. This permit is permissive only and shall not release the Permittee from any liability or obligation imposed by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. 2. This permit is not assignable except with the written consent of the Commissioner of Natural Resources. 3. The Regional Hydrologist shall be notified at least five days in advance of the commencement of the work authorized hereunder and shall be notified of its completion within five days thereafter. The Notice of Permit issued by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations. 4. No change shall be made without written permission previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity, or location of any items of work authorized hereunder. 5. The Permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. 6. This Permit may be terminated by the Commissioner of Natural Resources at any time he/she deems it necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. 7. Construction work authorized under this permit shall be completed on or before date specified above. Upon written request to the Commissioner by the Permittee, stating the reason therefore, an extension of time may be obtained. 8. The excavation of soil authorized herein shall not be construed to include the removal of organic matter (as indicated above) unless the area from which such organic matter is removed, is impervious, or is sealed by the application of bentonite after excavation. 9. In all cases where the doing by the Permittee of anything authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the Permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights, and interests necessary therefore. 10. This permit, is permissive only. No liability shall be imposed by the State of Minnesota or any of its officers, agents, or employees, officially or personally, on account of the granting hereof, or on account of any damage to any person or property resulting from any act or omission of the Permittee or any of its agents, employees, or contractors relating to any matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the Permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the Permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable provisions of law. 11. No material excavated by authority of this permit nor material from any other source, except as specified herein, shall be placed on any portion of the bed of said waters which lies below (as indicated above). 12. Any extension of the surface of said waters resulting from work authorized by this permit shall become protected waters and left open and unobstructed for use by the public. 13. This permit does not obviate any requirement for federal assent from the U.S. Army Corps of Engineers, 1421 U.S. Post Office and Custom House, St. Paul, Minnesota 55101- 9808. SPECIAL PROVISIONS 14. The permittee shall comply with all rules, regulations, requirements, or standards of the Minnesota Pollution Control Agency and other applicable federal; state, or local agencies. 15. Permittee shall ensure that the contractor has received and thoroughly understands all conditions of this permit. 16. Erosion control measures shall be adequately designed for the site characteristics. They may include staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be installed in accordance with "Protecting Water Quality in Urban Areas - Best Management Practices for Minnesota" MPCA, October 1989, prior to commencement and maintained throughout the project. All exposed soil shall be stabilized as soon as possible and no later than 72 hours after the completion of the project. Topsoil should be used to re -dress disturbed soil areas and indigenous plant species should be used to revegetate disturbed areas whenever possible. 17. The docks shall be maintained in good condition. Any additions or reconstruction (rebuilding at a cost exceeding 50% of replacement cost) of the structures must be authorized by amendment to this permit. If general lake conditions, site soil conditions, or winter ice conditions create stability problems for the dock, the permittee shall evaluate the option of rebuilding all or a portion of the dock with seasonal dock sections. 18. The structure shall not be constructed with materials that would have a detrimental impact on aquatic organisms or water quality. 19. Cutting and destruction of aquatic vegetation shall be kept to a minimum during construction activities. Aquatic vegetation control is not authorized unless an appropriate aquatic plant management permit is obtained from DNR Fisheries. 20. The permittee shall use reflectors, reflecting tape, etc. to make the structure more visible at night and prevent the structure from posing a safety hazard. Design of the reflectors, etc., shall place particular emphasis on making the structure more visible from the directions from which snowmobilers and other ice -on condition users of the lake are likely to approach the dock. 21. The permittee shall monitor all disturbed areas for the presence of purple loosestrife and control the plant as described in Attachment A, the pamphlet titled "Purple Loosestrife Alert". The DNR aquatic plant manager should be contacted at 772-7950 for permit needs and additional information. 22. Upon completion of the authorized work, the permittee shall submit representative photographs and any as -built surveys, as appropriate, of the project area to DNR Metro Region Waters (1200 Warner Road, St. Paul, MN 55106). 23. Where the work authorized by this permit involves the draining, filling or burning of wetlands not subject to DNR jurisdiction, the permittee shall not initiate any work under this permit until the permittee has obtained official approval from the responsible governmental unit as required by the Minnesota Wetlands Conservation Act of 1991. c: City of Chanhassen Carver SWCD Riley -Purgatory -Bluff Creek WSD Steve Walter, Conservation Officer Dave Zappetillo, DNR Fisheries Jon Parker, DNR Wildlife Ron Anderson, Central Waters Lotus Lake (10-6P) file .uthorized Signature itle mate Administrator, Permits and %/Z1/g3 John Linc Stine "?" `- Land Use Section !! PROTECTED WATERS P.A. Number 93-6164 PERMIT Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and other supporting data, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below to change the course, current, or cross section of the following: Protected Water County Lotus Lake (10-0006P) Carver Name of Applicant Attn: Charles Peterson Telephone Number (include Area Code) Fox Chase/Lotus Lake Dock & Trail Assoc. (612) 474-5898 Address (No. & Street, RFD, Box No. City, State, Zip Code) 708 Lake Point, Chanhassen, Minnesota 55317 Authorized to: Construct permanent dock for 7 mooring spaces (to serve lots 10-16, Block 1, Fox Chase); all in accordance with plans received 3/23/93, except that the main dock portion shall be 1 section shorter (i.e. approximately 105' vs. 1121). Purpose of Permit Expiration Date of Permit Navigational Access June 30, 1994 Property Described as: County NW1/4 Sect. 1, T116N, R23W Carver s Indicated: (8) s Indicated: (11) The ordinary high D.N.A. water elevation of 896.3' (NGVD, 1929). This permit is granted subject to the roiiowing GENEraiju and SPECIAL FROV13101v0: GENERAL PROVISIONS 1. This permit is permissive only and shall not release the Permittee from any liability or obligation imposed by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. 2. This permit is.not assignable except with the written consent of the Commissioner of Natural Resources. 3. The Regional Hydrologist shall be notified at least five days in advance of the commencement of the work authorized hereunder and shall be notified of its completion within five days thereafter. The Notice of Permit issued by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations. 4. No change shall be made without written permission previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity, or location of any items of work authorized hereunder. 5. The Permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. 6. This Permit may be terminated by the Commissioner of Natural Resources at any time he/she deems it necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions. 7. Construction work authorized under this permit shall be completed on or before date specified above. Upon written request to the Commissioner by the Permittee, stating the reason therefore, an extension of time may be obtained. 8. The excavation of soil authorized herein shall not be construed to include the removal of organic matter (as indicated above) unless the area from which such organic matter is removed, is impervious, or is sealed by the application of bentonite after excavation. 9. In all cases where the doing by the Permittee of anything authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the Permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights, and interests necessary therefore. 10. This permit is permiL ve only. No liability shall a imposed by the State of Minnesota or any of its officers, agents, or employees, officially or personally, on account of the granting hereof, or on account of any damage to any person or property resulting from any act or omission of the Permittee or any of its agents, employees, or contractors relating to any matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the Permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the Permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable provisions of law. 11. No material excavated by authority of this permit nor material from any other source, except as specified herein, shall be placed on any portion of the bed of said waters which lies below (as indicated above). 12. Any extension of the surface of said waters resulting from work authorized by this permit shall become protected waters and left open and unobstructed for use by the public. 13. This permit does not obviate any requirement for federal assent from the U.S. Army Corps of Engineers, 1421 U.S. Post Office and Custom House, St. Paul, Minnesota 55101- 9808. SPECIAL PROVISIONS 14. The permittee shall comply with all rules, regulations, requirements, or standards of the Minnesota Pollution Control Agency and other applicable federal, state, or local agencies. 15. Permittee shall ensure that the contractor has received and thoroughly understands all conditions of this permit. 16. Erosion control measures shall be adequately designed for the site characteristics. They may include staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be installed in accordance with "Protecting Water Quality in Urban Areas - Beat Management Practices for Minnesota" MPCA, October 1989, prior to commencement and maintained throughout the project. All exposed soil shall be stabilized as soon as possible and no later than 72 hours after the completion of the project. Topsoil should be used to re -dress disturbed soil areas and indigenous plant species should be used to revegetate disturbed areas whenever possible. 17. No activity affecting the bed of Lotus Lake may be conducted between April 1 and June 30 in order to minimize impacts on fish spawning. 18. The docks shall be maintained in good condition. Any additions or reconstruction (rebuilding at a cost exceeding 50% of replacement cost) of the docks must be authorized by amendment to this permit. If general lake conditions, site soil conditions, or winter ice conditions create stability problems for the dock, the permittee shall evaluate the option of rebuilding all or a portion of the dock with seasonal dock sections. 19. The structure shall not be constructed with materials that would have a detrimental impact on aquatic organisms or water quality. 20. Cutting and destruction of aquatic vegetation shall be kept to a minimum during construction activities. Aquatic vegetation control is not authorized unless an appropriate aquatic plant management permit is obtained from DNR Fisheries. 21. The permittee shall use reflectors, reflecting tape, etc. to make the structure more visible at night and prevent the structure from posing a safety hazard. Design of the reflectors, etc., shall place particular emphasis on making the structure more visible from the directions from which snowmobilers and other ice -on condition users of the lake are likely to approach the dock. 22. The permittee shall monitor all disturbed areas for the presence of purple loosestrife and control the plant as described in Attachment A, the pamphlet titled "Purple Loosestrife Alert". The DNR aquatic plant manager should be contacted at 772-7950 for permit needs and additional information. 23. Upon completion of the authorized work, the permittee shall submit representative photographs and any as -built surveys, as appropriate, of the project area to DNR Metro Region Waters (1200 Warner Road, St. Paul, MN 55106). 24. Where the work authorized by this permit involves the draining, filling or burning of wetlands not subject to DNR jurisdiction, the permittee shall not initiate any work under this permit until the permittee has obtained official approval from the responsible governmental unit as required by the Minnesota Wetlands Conservation Act of 1991. c: Jo Ann Olsen, City of Chanhassen Gary Elftmann, USCOE Carver SWCD Bob Obermeyer, Riley -Purgatory -Bluff Creek WSD Dave Zappetillo, DNR Fisheries Jon Parker, DNR Wildlife Steve Walter, Conservation Officer Ron Anderson, Central Waters Authorized Signature Title ate Administrator, Permits and 4 ZO 1193 John Linc Stine � !�'�"- Land Use Section