7.b1 CMSCWD Comment re Tii Gavo dock expansione-mail JShaver@CMSCWD.org website www.CMSCWD.org
Carnelian-Marine-St. Croix Watershed District
Scandia Plaza II • 21150 Ozark Avenue • P.O. Box 188 • Scandia, MN 55073 • Tel 651.433.2150
May 16, 2019
Scandia City Council
c/o Brenda Ecklund
14727 209th Street
Scandia, MN 55073
re: TiGavo request to increase boat slips
Dear City Council Members:
The Carnelian-Marine-St. Croix Watershed District enjoys a mutually supportive
relationship with the City of Scandia working to protect and improve our water resources
and the CMSCWD Board of Managers commenting on land use issues that affect the
City’s surface waters and permitting land use changes where our District Rules allow.
Both entities rely on this relationship. The process of developing the concept, plan and
permit for the TiGavo subdivision was an excellent example of this.
The Watershed District Engineer began the review of this project with the Township,
County, Developer, and DNR in 2005 under our comment file C05-030. All parties
including the Developer and his representatives were anxious and willing to make the
compromises necessary for a successful Open Space Conservation Development.
One of the compromises was allowing the establishment of a 19 slip marina with adjacent
beach and recreational area on the shores of Painted Turtle Bay. The nature of that
compromise is seen in District’s letter dated June 16, 2006 (attached) in response to the
Minnesota DNR’s request for comments on the proposal to dredge a channel to Painted
Turtle Bay and to include dockage for 19 boats in this shallow bay.
Mr. Peter Stalland, the attorney for the Home Owners Association, requested evidence of
the negotiations and final disposition to limit the number of slips in Painted Turtle Bay so
allow me to highlight specific points from the letter mentioned above:
1. (3.) “ The bay in question is a particularly nice resource which deserves extra
protection and the Managers would typically be adamantly opposed to the
proposed channel and dockage.”
e-mail JShaver@CMSCWD.org website www.CMSCWD.org
2. (3.) “ …the channel as proposed is a reasonable compromise that is needed to
make the rest of the Conservation Development feasible instead of a typical
subdivision with individual docks and individual lakeshore ownership.”
3. (4.d.) “The number of docks should be limited to the number of Lakeshore owner
lots”
Further evidence of this compromise can be deduced from the fact that virtually the entire
shoreline of the development bordering Big Marine Lake was put under a conservation
easement as a result of these negotiations.
In 2006 the Watershed District issued permit P06-019 (attached) for TiGavo as an “Open
Space Conservation Development Major Subdivision.” The plans called for 35 lots to be
developed and the permit clearly states under condition 4. that the “Project includes a
single multi-slip boat dock for a maximum of 19-boat slips, boardwalk and fishing pier.”
At the Developer’s request the project was split into two phases with the currently
completed improvements for 29 lots including the common area incorporated into Phase
1 and the conditions for the permit under the first Phase were closed out. The above
statements from the attached exhibits are clear evidence of the compromises made by all
parties when the lakeshore property owner’s rights were ceded to Conservation
Easements for the right to establish a channel and docking for a maximum of19 boats in
the TiGavo development.
The statement “The bay in question is a particularly nice resource which deserves extra
protection” is an example of difficult and multi-faceted responsibilities of both the
Department of Natural Resources and the Watershed District. No one argues the
necessity of protecting deep water lakes such as Big Marine; the District works with the
City on many projects which accomplish this. But shallow lakes and bays such as
Painted Turtle Bay present particular problems not only in the public’s perception of their
usage and function but also in the science necessary to balance their chemistry and small
ecosystems preventing them from entering a state of turbidity.
The Minnesota Pollution Control Agency acknowledges these differences in the science
and management of shallow lakes by setting different standards of impairment for them
as opposed to deeper lakes. The Watershed District has several impaired shallow lakes in
the area and two of the management techniques suggested to improve their water quality
is to 1) limit boat traffic which reduces particulate phosphorus re-introduced into the
water column increasing algae blooms and 2) increase the bio-diversity of aquatic
vegetation in these lakes.
Over and above the increased boat traffic through the dredged channel from the residents
of TiGavo, the managed channel to Painted Turtle Bay has also allowed much more
access from non-residents adding to the re-suspension of phosphorus in the water
column. And the Association’s success at managing vegetation in the bay has come at a
price of limiting natural diversity in locations where they are treating and potentially
moving the bay toward a more turbid state.
e-mail JShaver@CMSCWD.org website www.CMSCWD.org
For all these reasons, therefore, the District respectfully submits these comments and
exhibits as well as a memo from the Watershed District Engineer dated April 30, 2019 in
support of its previous comment letter dated November 15, 2018 asking for a denial of
the request to increase the number of boat slips in Painted Turtle Bay on Big Marine
Lake.
Thank you for the opportunity to submit these comments. The Managers of the
Watershed District hope that the Scandia Council will continue to work with them in
protecting and improving the water resources of the area.
Sincerely,
Jim Shaver, Administrator
enc:
1. Previous CMSCWD comment letter 2 pages
2. Memo from Emmons & Olivier Resources 2 pages
3. CMSCWD Comment letter dated June 16, 2006 to MnDNR 2 pages
4. CMSCWD Permit 06-019 4 pages
cc(via email):
Brenda Ecklund Clerk, City of Scandia
Merritt Clapp-Smith Planner, City of Scandia
Carl Almer Emmons& Olivier Resources
Susannah Torseth Golowitz & Olson Law
CMSCWD Board
e-mail JShaver@CMSCWD.org website www.CMSCWD.org
Carnelian-Marine-St. Croix Watershed District
Scandia Plaza II • 21150 Ozark Avenue • P.O. Box 188 • Scandia, MN 55073 • Tel 651.433.2150
November 15, 2018
Mr. Neil Soltis, Administrator
City of Scandia
14727 209th Street
Scandia, MN 55073
re: C18-021 Request for Comments TiGavo increase in boat slips
Dear Neil:
Thank you for the opportunity to comment on this request to increase the number of boat
slips at the TiGavo Development on Big Marine Lake. The Watershed District worked
closely with the City, the Department of Natural Resources and the Developer to insure
that this plan was at the forefront in Low Impact Development planning for stormwater
management and open space.
The original negotiations which allowed the Developer to place a marina of 19 boat slips,
large beach and other ameneties on Turtle Bay “traded” the impact of individual boat
slips of the 19 riparian lots within the development on the Lake with the potential for
damage to the wetlands, aquatic vegetation and spawning grounds within Turtle Bay.
Because this lake is the highest priority lake of the District and has excellent water
quality the Managers discussed this issue at our meeting last night and reached consensus
that they oppose the request for the following reasons:
1. The addition of any additional boat traffic will certainly lead to a decrease in
water quality. It is well established that motorized boat traffic in shallow lakes
with a soft bottom structure re-suspends phosphorus from the bottom sediments
and leads to an increase in algal blooms.
2. Additional boat traffic will also lead to the destruction of additional native plant
communities and the establishment and spread of aquatic invasive species.
3. More boat traffic will disrupt the natural habitat of amphibians and turtles and the
spawning areas of fish.
4. The impacts will not only effect Turtle Bay and its surrounding wetlands but they
will be detrimental to the entire lake.
Page 1 of 2
e-mail JShaver@CMSCWD.org website www.CMSCWD.org
For these reasons, the Board of Managers of the Carnelian-Marine-St. Croix Watershed
District supports the position of the Minnesota Department of Natural Resources and
strongly recommends that the City of Scandia deny the request for an increase in boats
slips at the TiGavo development.
Thank you for your ongoing concern for the water resources of the District and do not
hesitate to contact me with any questions.
Sincerely,
Jim Shaver
Administrator
cc(via email): Board of Managers CMSCWD
Carl Almer Emmons and Olivier Resources
Susannah Torseth Galowitz Law
Page 2 of 2
EOR is an Equal Opportunity Affirmative Action Employer
Emmons & Olivier Resources, Inc. 7030 6th St. North Oakdale, MN 55128 T/ 651.770.8448 F/ 651.770.2552 www.eorinc.com
memo
Project Name | Tii Gavo Development Date | 4/30/2019
To | Jim Shaver, District Administrator
Cc | Carl Almer, EOR
From | Mike Majeski, EOR
Regarding | Marine Boat Slip Expansion
Background The Tii Gavo Homeowners Association has requested to amend the development agreement established in 2007 to increase the number of existing boat docks from 19 to 29 slips in Painted Turtle Bay on Big Marine Lake. The CMSCWD, MNDNR, and other entities have provided comments on the proposed amendment. The new proposal, C19-007, will be review by the City of Scandia in May 2019.
Comments on C19-007 EOR’s understanding of the project is that a 900’ long channel was cut from Painted Turtle Bay to Big Marine Lake to afford lake access in trade for restriction on all lake-lot owners from altering the shoreline and having dock access on an individual lot basis. Original permit conditions included:
• CMSCWD Permit 16-019 – Provision 4 states a maximum of 19 slips allowed
• DNR Permit – Condition 19 limits the number of slips to 19 The MNDNR has recommended the City of Scandia deny the request to increase the number of boat slips in a letter dated July 20, 2018 per their original review of Permit #2006-0351. In a letter dated November 15, 2018, the CMSCWD Board supported the position of the DNR and also recommended that the City of Scandia deny the request for any increase in the number of boat slips, stating the following:
• “The addition of any additional boat traffic will certainly lead to a decrease in water quality. It
is well established that motorized boat traffic in shallow lakes with a soft bottom structure re-
suspends phosphorus from the bottom sediments and leads to an increase in algal blooms”.
• “Additional boat traffic will also lead to the destruction of additional native plant communities
and the establishment and spread of aquatic invasive species.”
• “More boat traffic will disrupt the natural habitat of amphibians and turtles and the spawning
areas of fish.”
• “The impacts will not only effect Turtle Bay and its surrounding wetlands but they will be
detrimental to the entire lake.” EOR supports the comments provided by the MNDNR and CMSCWD Board and agrees that the proposed increase in the number of boat slips from 19 to 29 may incur negative impacts to the flora and fauna of Painted Turtle Bay, as described below: 1. Increasing the number of boat slips will have a direct impact on the aquatic macrophyte community around the existing dock through removal and/ or herbicide treatment of the native plants growing within the footprint of the proposed dock expansion area.
memo
2 of 2
Emmons & Olivier Resources, Inc.
7030 6th St. North Oakdale, MN 55128 T/ 651.770.8448 F/ 651.770.2552 www.eorinc.com
Subsequently, any reduction in the aquatic plant community would reduce available habitat for fish and invertebrates, and reduce photosynthesis and productivity in the bay. 2. Long-term suppression of the native macrophyte community along the buoyed channel and lake connection through plant harvest and/or herbicide treatment may create favorable conditions for the establishment of invasive species, particularly Eurasian water milfoil which is present in Big Marine Lake. 3. Any increase in boat traffic through the buoyed channel of Painted Turtle Bay and the connection to Big Marine Lake may increase sediment disturbance by motorized boats, potentially increasing resuspension of phosphorus and other nutrients into the water column. An increase in boat traffic could also disturb any nesting birds within Painted Turtle Bay and along the channel to Big Marine Lake, particularly those species that construct nests on floating vegetation such as grebes and loons.
CARNELIAN- MARINE WATERSHED DISTRICT
PERMIT 06-019
Permission is granted to do the work proposed in application number CMWD 06-019 a copy of
which is attached, in accordance with the rules and Overall Plan of the District; subject to the
following provisions:
1. Proposed project is for construction of an Open Space Conservation Development Major
Subdivision and associated drainage facilities located on Big Marine Lake.
2. All work shall be conducted in accordance with the approved plans (as updated per these
permit stipulations) on file with the District and these permit requirements. Any changes to
the approved plans shall be submitted to the District for review and approval prior to
implementation. Approved plans include:
a. Site Plat Map by Ayres Associates (2-sheets, dated May 2007) showing overall layout of
site including drainage, lots, grading and roads. Note: buffer delineated shows only half
the required average buffer, refer to buffer plan for correct information;
b. Draft Permanent Storm Water Treatment Operations and Maintenance Guidelines for Tii
Gavo on Big Marine Lake by Ayres Associates (rev. 03/01/07). Submit Final Document
when completed for review and approval. Operations to include draintile plugs for tiles
located in infiltration basins.
c. Construction Plans for Tii Gavo on Big Marine Lake (67-sheets, rev. 05/11/07) including
grading, bituminous, aggregate base, drainage, wastewater collection and wastewater
treatment;
d. Tii Gavo Preliminary Plat and Final Plat Components by Putman Planning & Design, 26-
total sheets including landscape and tree preservation plan (sheets L1-L9, rev. 05/09/07),
wetland buffer plan (sheets B1-B3, rev. 05/07/07) Area Delineated as Buffer Area
Proposed is Required by this Permit, trail plan (sheets T1-T3, rev. 05/09/07), amenity
plan (sheets A1-A10, rev. 05/09/07);
e. Draft Tii Gavo Design Guidelines by Putman Planning & Design (rev. 05/17/07);
f. Draft Tii Gavo Protective Covenants (rev. 05/10/078);
g. Tii Gavo Restoration and Management Plan for Conservation Areas by Critical
Connections Ecological Services (rev. 03/22/07) Plan needs to be revised to include
proposed buffer areas;
h. WCA Section 404 Wetland Replacement Plan for Tii Gavo by Critical Connections
Ecological Services (rev. 03/16/07).
i. Construction Plans for Tii Gavo Center by Tod Drescher Architecture (9-sheets, rev
01/26/07) includes green roof building w/ geo-thermal heat/cooling, pervious pavement
parking ;
j. SWPPP for Tii Gavo on Big Marine Lake, MPCA Permit No. C00020320 by Ayres
Associates (document submitted calls for 12/01/06 completion date PROVIDE
REVISED PERMIT WITH CORRECT COMPLETION DATE;
k. Hydraulics Report for Tii Gavo on Big Marine Lake by Ayres Associates (submitted
05/16/07);
CMWD Permit No. 06-019 2
l. Tii Gavo Final Plat by Landmark Surveying (11-sheets), Provide copy of recorded plat
document. Record concurrent with plat a document identifying 100-yr flood
elevations, as identified on drainage plan, for each natural and constructed basins and
associated minimum low floor elevations also record required declarations to District.
3. The Managers of the CMWD intend that Permit inspections by District will be limited to
observations of final water quantity and quality treatment facilities and buffer vegetation
restoration areas for compliance with this permit and approved plans (to limit duplication of
effort and additional costs to developer). It is anticipated that Scandia will be observing
erosion and sediment control and all general construction associated with this project :
a. All costs associated with routine CMWD permit inspections will be invoiced to developer
to reimburse District for expenses incurred.
b. CMWD costs for CMWD Engineer in addressing non-routine permit issues (i.e. non-
compliance) will be invoiced to the developer by the CMWD or withdrawn from the
Developers cash surety. The developer shall then be required to deposit additional funds
with the District to maintain the original balance of the required cash surety.
4. Project includes a single multi-slip boat dock for a maximum of 19-boat slips, boardwalk and
fishing pier. Applicant shall be responsible for obtaining all permits and approvals required
from other agencies. Maintenance of the channel to the main body of Big Marine Lake shall
be per the MNDNR permit, CMWD Engineer shall be provided a minimum 2-week notice
prior to start of maintenance work. Applicant shall delineate boat channel with marker buoys
identifying channel as a no -wake zone.
5. Permit includes proposed wetlands mitigation plan subject to District approval of final plan
per District’s Comprehensive Wetlands Management Plan and approval by Jyneen Thatcher,
WCD (Scandia Wetlands Administrator).
6. Each residential lot is required to have a raingarden or other best management practice with a
capacity to treat the volumes identified in the approved drainage plan and computations.
This requirement will be administrated by the Design Quality Committee and the Home
Owners Association Board. Provide District Engineer with a comment copy of each
accepted final design at least 1-week prior to final approval and installation.
7. Prior to start of any land disturbing activities, except initial placement of erosion control
measures, the following stipulations shall be addressed to the satisfaction of the CMWD
Engineer:
a. Applicant shall schedule and hold a pre-construction meeting with developers engineer,
contractor and all sub-contractors, at a time acceptable to the District Engineer.
b. Applicant shall install all initial sediment and erosion control measures and schedule a
meeting with District Engineer at the site to review and accept installation of the initial
erosion and sediment control measures. Approval of erosion and sediment control
measures by Scandia Engineer will be sufficient to meet this requirement.
CMWD Permit No. 06-019 3
8. Within fifteen (15) days of the issuance of permit, or recordation of final plat but prior to
sale or transfer of any lot ownership interest the following stipulations shall be addressed to
the satisfaction of the CMWD Engineer:
a. Provide stormwater facility maintenance declaration in a form acceptable to District
Engineer and proof of recordation with Washington County.
b. Provide a buffer declaration in a form acceptable to the District Engineer and proof of
recordation with Washington County.
c. Add notes to Site Plat Map by Ayres and Associates to provide the additional drainage
plan information identified in Review #2 Comment A-5. Inserting Tables 1, 2 and 4 from
the Construction Details Plan Sheets will be sufficient to meet this stipulation.
9. Prior Final Permit Closeout and Request for Return of Surety the following stipulations
shall be addressed to the satisfaction of the CMWD Engineer:
a. Provide certified As-Built Drawings of Constructed drainage facilities including
constructed buffer areas and restored wetland area.
b. Provide proof that proposed monument s identifying natural buffer areas located on
residential lots were installed. Include copies of documentation provided to each affected
resident explaining what they need to do to maintain their buffer areas and how the home
owners association is enforcing those requirements and notifying new owners of
responsibilities.
c. Provide inspection of wetlands by applicants’ wetland delineator to document that
completed construction caused no adverse impacts to wetlands. Submit inspection report
to Jyneen Thatcher (WCD Wetlands Specialist) and District Engineer for review and
comment. Provide District with a copy of Ms. Thatcher’s’ comment letter.
d. Document that Stormwater Facilities, as constructed, perform as designed:
i. Water Quality and Quantity Performance: Monitor a minimum of three
rainfall events in excess of 1.0-inches at least on of which shall be in excess of
1.5-inches. Provide documentation on hourly water surface elevations from
start of storm to 72-hrs after end of rainfall. Draintile plugs in infiltration
basins shall be installed at least one month prior to start of monitoring event.
(Applicant may employ alternate monitoring or testing scheme as approved by
District Engineer). Provide summary report comparing each drainage facility
performance with design. Include documentation of monitoring data.
e. Request CMWD Engineer to conduct final site inspection and return surety.
The Board reserves the right to review and revise these special provisions as circumstances may
require. This permit may be suspended for failure to comply with the above stated provisions.
Notification to the Board is required upon project completion. Please reference the above
application number.
APPROVED June 9, 2007 ENGINEER
CARNELIAN-MARINE WATERSHED DISTRICT
CMWD Permit No. 06-019 4