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5.c Tii Gavo kps letter city re application with encl 5-6-19K. Peter Stalland, Esq. Stalland Law Office, PLLC 19356 M eadowridge Trail North Marine, MN 55047 Tel#: 651-433-0155 Cell#: 651-245-7222 Em ail: peterstalland@ hotmail.com May 6, 2019 Ms. Merritt Clapp Smith Planning Commission Members City of Scandia 14727 209 Street Scandia, MN 55073 Re: Request for conditional use permit for ten additional boat slips at the Tii Gavo marina. Dear Merritt and Planning Commission Members: In response to the staff report wherein a recommendation was made to deny an amendment to the Developers Agreement for 10 additional slips and instead suggested consideration of an amendment to the Developers Agreement that would permit the addition of launching facilities and a dock for use by Tii Gavo current non slip owners dated April 30, 2019 regarding the above entitled matter, please note the following: A. Tii Gavo Approvals in 2007 The City of Scandia, by Minnesota law, has the sole authority to make decisions regarding Shoreland Management pursuant to MSA 459.20. (Please note that in my earlier letter dated April 8, 2019 I made an error in that cite- MSA 611.0210 is incorrect). It is our position that the original decision by the City approving 19 slips was arbitrary given the facts surrounding the project at that time. Currently, the DNR and the Watershed District have not provided any evidence to support the claim that the decision to include 19 slips was based on any specific calculation, rather merely an agreement, at that time, among the interested parties. In fact, the record references that a strict reading of the ordinance at that time would have only allowed for 17 slips. Instead, 19 were granted. Even at that time, the city could have suggested 3 8 or 29. All we have today is evidence that an agreement was reached for a number greater than 17. Regardless of the 2007 negotiations, a new CUP has been applied for given the current circumstances and the current parties in interest. The 2007 negotiations cannot be relied upon in the current matter. 1 B. Current O rd in ance Sta n d ards The staff report cites the city's shoreland ordinance Section 10 and reference to MN Rules 6120.3800 as controlling the density of the lots in the Tii Gavo PUD which in turn regulates the number of dock slips allowed. However, that same ordinance lends itself to other interpretations ( one of which was determined by City of Scandia staff): First, Section 10.54 (and also per MN rule 6120.3800) allows for a site to accommodate increased density in the first Tier by 50%. Fifty percent increase of the current 19 dock slips allows for another 9.5 slips, rounded up to 10 and that would equal 29 slips. Second, the formula outlined in Section 6.2 et seq and 6.33B of Scandia City's Ordinance 198, provides that the controlled access lot's width (in our case Outlot D of the Tii Gavo PUD which is approximately 4,000 lineal feet) can accommodate up to 126 boat slips using the following formula found in this section: Big Marine Lake area: 1,800 acres/Total lake frontage: 11.3 miles/ Ratio 159.3 then use 20% from 6.33 chart/ Lot width over 4,000LF use minimum lot width of 160ft 6.25 chart so excess over minimum is 3,840/ 20% of minimum lot width (160x 20%) =32/ Additional watercraft (3,840 divided by 32= 120)/ allowed on minimum lot width is 6 so 6+ 120 = 126 dock/watercraft allowed per ordinance for Tii Gavo's first tier, controlled access lot (Outlot D). As former Scandia City Administrator Neil Soltis calculated, Tii Gavo could have been given 27 .5 slips. The lower number of slips was based on limiting the Outlot D lot width just immediately around the dock/marina to 710 lineal feet instead of Outlot D's total length of 4,000 feet. (See calculations below and see copy of Mr. Soltis' email enclosed). F rom : N e il So ltis <n.soltis@@c i.scand ia.mn.us> Sent: Mond ay, May 7, 2018 9:39 AM Te: pgetertaland@hotmail.<om Subject: special provisions for docks Peter, Here is the information on calculating the max # of docks. Neil Neil So ltis. City Administrator City of Scandia 14727 209 Street Scandia, Mn 55073 Office - 651,433.2274 fax - 651.4335112 Cell - 6S 1.245.2654 2 From : peter stalland [m ailto :peterstalland @ hotm ail.com ) Sent: Monday, May 7, 2018 9:47 AM To: Neil Soltis <n.soltis@ci.scandia.mn.us>; Dan Tilsen <djtilsen@gmail.com> Subject: Re: special provisions for docks N eil: can you explain how you came up with your 27 total boat slips possibly available pursuant to this ordinance? this m ight help Dan figure out his calculation a bit quicker .. tha nks K. Peter Stalland, Esq. 19356 M e adowridge Trail N orth M arine, M N 55047 Office tel#: 651-433-0155 Cell tel#: 651-245-7222 Em ail: peterstalland@ hotmail.com From: Neil Soltis <n.soltis@@ci.scandia.mn.us> Sant: Monday, May 7, 2018 10:37 AM To: 'peter stalland'; 'Dan Tilsen' Subject: RE; spec ial provisions for docks Peter Note that this is a rough ukulat.on b.s~ on the provisions of the ordinance. Neil Neil Soltis. City Adminin111tor City of Scandia 14727 209 Street Scandia, Mn 55013 Office - 651.433.2274 Fax 651,433.5112 Cell 651.245.2654 3 Lake area Frontage ratio 1,799 acres 11.29 miles 159.3446 lot width Minimum Excess over minimum Frontage ratio 20% per additional watercraft 20% of minimum lot width Additional watercraft. Allowed on minimum width Total allowed water craft 795 feet 150 feet 645 feet 30 21.5 6 27.5 Tota l 59 .5 6 2 O3n Th ird, Section 6.33 (E) of city Ordinance 198 provides that controlled access lots are permissible under certain situations. Specifically, it states in (E) that "Any individual lot 4 o r lo ts w hi ch d o no t c o ntain a seaso nal o r p e rm anen t h o m e m a y h av e o n e (1) dock with the capacity to accommodate up to three (3) watercraft." The Tii Gavo PUD subdivision has eleven Outlots (A through K) which are individual lots that do not contain a seasonal or permanent home. Therefore, our PUD has the right to have eleven dock slips with the ability to dock three watercraft which equals 33 boats. This application is only asking for 29 slips for 29 boats to be moored at the dock. To summarize, there are three different potential outcomes: 1. 29 boat slips per 50% increase in the first Tier Outlots per City of Scandia Ordinance 198 and MN Rules 6120.3800. 2. 126 boat slips per the formula set forth in the City of Scandia Ordinance 198 (Section 6.22 and 6.33 B). 3. Capacity for 33 boats per City of Scandia Ordinance 198. (Section 6.33 E). The current application is seeking an additional 10 slips only which would allow each lot in the current Tii Gavo subdivision being developed to have a boat slip. C. Evaluation based upon criteria for approving PUD amendments Any contract by law, any developer's agreement, and any PUD can be amended by the parties to the original agreement at any time. Minnesota law and the city ordinances provide for these procedures (see MSA 462.3595; City Code chapter One Section 8, Chapter Two section 7.6). While there have been several references to the developer's position on the number of slips negotiated at the time the Developer's Agreement was entered into, these representations are not wholly accurate and should not be relied upon in these proceedings. Approval of the application supports strong community. The Tii Gavo Homeowners Association has approved this application and supports moving forward asking for 10 additional slips. The revised configuration of the location of the 10 additional slips mitigates any possible issues surrounding the "scenic view" or any negative impact the expansion will have on the "scenic and rural" qualities of the development and surrounding areas. The staff report erroneously notes that our request is "not applicable" in regard to the development code Open Spacc goals of creating cohesive neighborhoods to establish local identities and encourage community interaction. One of the main reasons why the Tii Gavo HOA supports this request (which includes homeowners who already own dock slips) is that it is important for all lot owners to own dock slips. This creates harmony amongst all the neighbors and encourages positive "community interaction" instead of continuing the current "have and have not" distinction between lot owners. 5 T here is n o ev idence th at has b e en sub m itt e d to c o ntrad ict W ayn e Jaco b so n 's op in io n s th at an ad di tio n al 10 slip s wo uld h av e a m inim a l im p act o n th e h a b itat in th e b ay . T h e rep o rt fr o m W ayne J aco b so n , wh o ha s m o n itore d an d wo rk ed o n the w ater qu ality of the b ay fo r o v e r te n y e ar s fo r th e d e v e lo p e r, d o e s a d dr e s s th is issu e b y c o n cl u d in g th at th e d o ck exp an s i o n w ill no t b e d etrim e nta l to t h e w ate r. Mr . Jacobson will speak at the planning commission and city council meetings and respond to any specific questions about his conclusion. In addition, Mr. Geoff Griffin P.E. - G-Cubed provided an evaluation of the water quality impact with the additional 10 slips. Mr . Griffin is one of Minnesota's leading water resource experts. (See attached CV) The complete Big Marine Lake Water Quality Summary is attached for review, but his conclusions are noted below: Conclusions: Based upon the initial review of available water quality data for Big Marine Lake the following conclusions can be drawn: 1. There is no published water quality or biological (fishery) data for the EC Bay of Big Marine Lake prior to the establishment of the existing 19 slip dock. 2. There is no published water quality or biological (fishery) data for the EC Bay of Big Marine Lake after the establishment of the existing 19 slip dock. 3. The water quality of the main body of Big Marine Lake: a. Meets the MPCA beneficial use standards (with the exception of fish consumption due to mercury as described herein). b. Is considered 'good' as judged by comparison with other takes in the grading system used by the watershed district. c. Is considered improving for total phosphorus and chlorophyll-a 4. The water quality data collected in the main Big Marine Lake does not appear to be impacted by the construction of the 19 slips within the EC Bay. 5. The addition of 10 additional slips should not have a negative impact on the water quality for Big Marine Lake. All evidence indicates that 10 additional slips will not negatively impact the water quality. Further, enclosed in this letter is the written support of the dock expansion by Big Marine Lake Association dated May 1, 2019. Most importantly, as already noted, the DNR and the Watershed District have never provided the city with any data whatsoever to support their general conclusions that adding ten dock slips to the marina will somehow be detrimental to the water quality of the lake. Although we appreciate the staff's inclusion of the city's code provision 10.61 (E) that allows for a launching ramp facility for boats, this would be the opposite of what the city and the HOA would want for our development. In years past, the public has trespassed over the marina common area by driving over the grass and sand beach area to launch their boats. In response to that problem, the developer several years ago extended a natural rock retaining wall around the access points to the beach area to stop this activity. If a full concrete boat ramp were to be built, it would not only disrupt the sensitive vegetation near the shore and most likely water quality but also would create more of an 6 o pp o rt un ity fo r the p ub lic to tre sp ass an d laun ch m o re w ate rcraft in th e b ay . T his is th e o p p o si t e o f w h at w e ar e try in g to ac co m p lish wi th our app licatio n . C urr e nt ly , n o n slip o wn ers at T i i G a vo h av e thr e e d o ck s l ip s th at ar e fo r d ay u s e . N o t h av ing p e nn an en t sl i p s en c o ur ag e s th o se o wn er s t o p ull the ir b o at s in an d o ut o f B i g M ar ine L ake d ur in g the summ er an d li k e l y u se the ir b o at s at o th er lak e s . Thi s c re ate s additional opportunity for invasive species to be brought back into Big Marine Lake from other lakes in the area. By adding ten more slips to the current marina, the non slip homeowners are more likely to keep and use their boats only on Big Marine Lake and are far less likely to use their boats on other bodies of water with invasive species, hence reducing a potential harm to the water quality. This issue was also discussed at the Big Marine Lake Association meeting on May 1, 2019. We look forward to appearing before the planning commission on May 7, "A Peter Stalland Enclosures: Griffen report Griffen CV Jacobson CV Neil Soltis email BMLA Minutes 7 I%cuss ~ ~lll'ffin~ - S111T,·) ing- Planninµ TECHNICAL MEMORANDUM To: Peter Stalland 19356 Meadowridge Trail N Marine on St Croix, MN 55047 From : Mr. Geoff Griffin P.E. - G-Cubed Date: May 6, 2019 Re: Big Marine Lake Water Quality Summary Background: The Tii Gavo Devlopment in the City of Scandia is requesting an increasing the number of slips in a bay north of the east bay of Big Marine Lake (described herein as the EC Bay). Between 2006 and 2008 a channel was excavated from the EC Bay to the main portion of the lake and a 19-slip dock was constructed as shown below in Figures la and lb (source: Google Earth). Figure la. September 2006 Figure 1b. September 2008 A review of the existing water quality data and a discernment on the impact of the exisitng dock installation into the EC Bay was requested as part of the supporting information for the dock configuration expansion. A summary of the water quality data and opinion on the impact of the exisitng docks and potential expansion on the water quality of Big Marine Lake is the purpose of this memorandum. Big Marine Lake Water Quality Summa May 6, 201 R eview of Existing Data: There are many influences on water quality including changes in source loading and internal physical and biological processes. Water quality naturally fluctuates over numerous time scales, depths, and locations within a large lake system. Hence, it is very difficult and takes a lot of data over numerous years to discern general trends. Discerning the impact of a local disturbance, such as the construction of a dock system, on the overall lake water quality is even more challenging. Big Marine Lake is considered impaired for fish consumption due to mercury concentrations within fish. The main source of mercury is atmospheric deposition and many lakes in Minnesota are considered impaired for fish consumption due to mercury. A statewide mercury plan has been adopted to reduce the mercury concentrations in the environment and consumable fish. There a re n o wa ter q u a lity or biological da ta collection poin ts in the EC Bay within the Minn eso ta Po llution Control A ge ncy (M P CA) data b ase (se e Figu re 2) or da ta p ublished by the Carn elia n-Marine Watershe d D istrict. All of the published data is for the main lake (taken at several different locations through the years). In general, it is reasonable to assume a fully mixed lake and the data should be comparable to one another. Big Marine Bay Water Quality Locations 2-oz-0a-u • e 01,005H)>:}03 82-0052-M· 70 ... 82 00 52- 01-205 5/5/12 0 19, 6:13 40 PM lIll] wasset as -taass (y wees=f us-Srnsa my Ill wears tads () l] waef Us -Lakes (a waef us- Sanna (a,y tmpirest Lass (') Ill waasof us -taos ts wsf -sssa,,,,, Ill ,see is 1:1B,056 O O.t 0.2 0.4ri ... ~ ... ....all Cy lo, fr@tr Coy ft al ht, FE en, NT P A@ @WM Figure 2. Map from MPCA Surface Water Data Access Big Marine Lake Water Quality Summa May 6,201 The Carnelian-Marine-St. Croix W atershed District 2017 Water Quality Monitoring Report is the latest published water quality report . W ater quality samples were analyzed for total phosphorus and chlorophyll-a in 1994, 1996 to 2007 and again since 2014. A grade is given for the water quality of lakes by the watershed district based a method developed by Dick Osgood of the Metropolitan Council. This is based upon a ranking of data fr om 11 9 lakes between 1980 and 1988 as shown below in Figure 3. GRADE PERCENTILE TPugL) CL Aug/L) SD(m) A <10 <23 <10 >3.00 B 10-2 9 2 3-31 10 -19 2.2 0 -3.0 0 %aAAssssAAs» C 30-69 32-67 20 -4 7 1.2 0 -2.19 AN.AA»AAllpi D 70 -90 68-152 4 8-7 7 0.70-1.19 F >90 >152 >77 <0.7 0 Figure 3. Lake G rading System (source: Carn elian- Marine W atershed District) Since 1990 the m ain body of Big Marine Lake the majority of overall w ater quality ratings have been an 'A ' or 'A -' grade. In 2017, the lake grade for Big M arine Lake is an 'A-' w ith 'No T rend" in secchi disk and is considered 'Improving" for total phosphorus and chlorophyll-a. Unsupported Qualitative Discussion: The EC Bay was undisturbed prior to the excavation of the channel w ith the main portion of Big M arine Lake and the construction of the existing 19 slip dock. In addition, there appears to have been an active program of aquatic vegetation m anagement w ith the EC Bay. The developm ent and vegetative m anagement activity do not appear to have a negative impact on the lake based on the reviewed data. Conclusions: Based upon the initial review of available water quality data for Big M arine Lake the following conclusions can be drawn: 1. There is no published water quality or biological (fishery) data fo r the EC Bay of Big Marine Lake prior to the establishm ent of the existing 19 slip dock. 2. There is no published w ater quality or biological (fishery) data for the EC Bay of Big M arine Lake after the establishment of the existing 19 slip dock. 3. The w ater quality of the main body of Big Marine Lake: a. Meets the M P CA beneficial use standards (with the exception of fish consum ption due to mercury as described herein). b. Is considered 'good' as judged by com parison w ith other lakes in the grading system used by the w atershed district. c. Is considered im proving for total phosphorus and chlorophyll-a 4. The water quality data collected in the main Big Marine Lake does not appear to be im pacted b the construction of the 19 slips w ithin the EC Bay. 5. The addition of 10 additional slips should not have a negative impact on the water quality for Bi Marine Lake. Big Marine Lake Water Quality Summa May 6, 201 G-Cub ed ENGINEERI SURVEYI PLANNI Chief Executive Officer: Geoffrey G Griffin P.E., L.S. Qualifications and Experience Mr. Griffin has 35 years of education and design experience in a wide variety of civil engineering water resource related projects Synopses Education: ·B.S. Civil Engineering; North Dakota State University - Water Resources Emphasis, 1989 • M.S. Civil Engineering; University of Minnesota - St. Anthony Falls Hydraulic Laboratory, 1991 • MBA; University of St. Thomas, 1993 Experience: • Ten years as the hydrologic and hydraulic design engineer for the Minnesota Department of Natural Resources - Bureau of Engineering performing the following: Electric Fish Barrier Design Mechanical Fish Barrier/ Trap Design Concrete Dam Rehabilitation Hydrologic Design River Restoration Wetland Restoration & Creation Earthen Dam Design Hydraulic Structures Design Concrete Dam Removal Natural Channel Design Harbor I Breakwater Design Natural Channel Design • Twenty years as Civil Engineer and Land Surveyor for G-Cubed Engineering Surveying & Planning providing the following services: Engineering: Electric/ Mechanical Fish Barrier Design Natural Channel Design Concrete Dam Removal Hydraulic Structure Design Hydrologic and Hydraulic Design River Restoration Design Earthen Dam Design Land Surveying: Boundary Surveys River and Stream Hydraulic Surveys Topographic Surveys Sediment Surveys Construction Staking Easement Surveys 14070 Highway 52 Southeast, Chatfield, Minnesota 55923 Phone 507-867-1666 ♦Fax 507-867-1665 % www.ggg.to Wayn e E. Jaco bso n, PSS, WD C, P WS, A FS Senior Scientist AREAS OF EXPERTISE: W etland Delineation/Mitigation/Permitting EAW/AUAR/BIS / Grant Writing & Administration Natural Resource Inventory & Plans Phase l Envh'onmental Assessment/ AAI Phase II Soil / Groundwater Investigation Soil Perc Tests /Infiltration Tests /Soil Deli. Tree Planting, Maintenance & Surveys /La ke and Pond Weed Control & Fish Stocking and Rem oval Fisheries Lake and Stream Surveys / OPS / ors PROFESSIONAL EXPERIENCE: ED U CA TIO N : ) Bachelor of Science, Fisheries Biology University of Minnesota M aster of Biological Science s Coursework U niversity of M innesota Outdoor Education Coursework Bem idji Stale University Computer Programming Certificate Control Data Institute Air and W ater Sampling and An alysis Certificate Century College Hazardo us Waste M anagement Certificate Century College REGISTRATIO N: Wetland Delineator, Certified, MN #1019 Professional Soil Scientist, MN #30611 Professional Wetland Scientist, SWS #1000 Associate Fisheries Scientist, A FS #A-17 1 DNR Certi fled Tree Inspector #20104270 Aquatic Weed Harvester, MNDNR /07EC-3013 Aquatic H erbicide Applicator, MNAG #20107797 M PCA ISTS Designer TI, #C6933 MPCA W astewater Treatme nt Oper. Class D-exp MPCA Landfill Operator Type m-exp M PCA T ank Remover-exp. OSHA 40 Hour Hazardous Waste 8hr class 1987- 2007 2005 - Present Jacobson Environm ental, PLLC. Owner 2011-2014 Hannon Security Services Certified Protection O fficer, PT 2008-2010 Tran sportation Security A dministration, PT Transportation Security O ffi cer-MSP-MLI Air rts 2005 - 2006 Wenck Associates Natural Resource Scientist, PT 2001 - 2005 A nders on Engineering of MN Senior Scientist 2000-2001 Svoboda Ecologica l Services Biologist/ Project Manager 1993 - 2000 Short Elliott H endrickson Wetland Scientist/Limnologist 1991 - 1993 D ames & Moore (now URS Corp.} Environm ental Scientist 1988-1991 Enecotech Environmental Consultants Senior Staff Environmental Scientist 1985 M innesota DNR Iisheries Fisheries Specialist 1984, 1986, 1987 National M arine Fisheries Service Foreign Fisheries Biologist 1983-1984 Interpoll Laboratories Wet Lab Technician C:UsarsOwnor\Dcumonts\RES UMEJ ecob son, carvar.doc INTRODUCTION Mr. Jacobson is experienced in wetland delineation, mitigation design, permitting, functional asses smet I, & m onitoring; EAW/AUAR/EIS; GPS/GIS napping, fisheries and limnological studies, lake and strea surveys, lake and pond m echanical and lterbicidat weed contro l, tree surveys, soil infiltr ation an d pe rc tests, hydrie soil delineation, MLCCS natural resource inventories, data reduction and analysis, Phase l environmental assessment, laboratory analysis, applied environmental research, project management, public pres entation, and negotiation. M r. Jacobson has been personally involved with over 1,000 wetla id delineations in Minnesota. PRESENTATIONS University ofMinnesotu 41 th Annual Water Resources Conference, October 19-20, 2010, Shat! w Lak Restoration at Lake Medina. University of Minnesotn 40 Annual Water Resources Conference, October 26-27, 2009, Practical Floris tic Quality Assessment of Wetlands in Minnesota. M innesota Association of Professional Soil Scientists Conference, December 7, 2007, M©Ill/ll l70lll069100 of Problem and Atyp ical Arens. University of Minnesota 3 811' A1mtU1l Water Resources Conference, October 23-24, 2007, W etland Delineation of Problem and Atypical Areas. South Metro Realtors Association, March 2, 2006, Wetland Types and Regulations in Minnesota. Izaak Wnlton Lengue Amel'ican Wetlands Conference, May 2, 2003, Opening Panel Speaker, Isolated Ephemeral Wetlands. University of Minnesota 35 A nnual Water Resources Conference, October 26, 2004, Comprehensive Wetland Management Planning; A Natural Resource Plan for Hanover, Minnesota. MN Wetland Professionals Association, M ay 14, 2002, Basic Principles of W etland Soils. at the MNW A Annual Field Day. University ofMinnesotn 34111 Annual Water Resource s Conference, October 28, 2003, Comprehensive Wetland Management Planning : An Innov ative Ap proach for Cloquet, M innesota. North Metro Realtors Association, February 15, 2000, Wetland Types and Re gulations in M innesota. SELECTED EXPERIENCE Wetlands Bnmsvlllc Amphitheater Wet11111d Permit Applll:ntlnn, Burnsvlltc, Mlnnesotft Prepared an individual USCOE Wetland Permit Applica tion on the Burnsville Gateway Area, inclu]ling the Amphitheater. Performed [Md identific11lion 1111d delinealion of wetlands. Developed prelimin ry designs of mitigation areas. Aggregate lndustl'ics - Becker Conuty, Mlnnosom Performed a wetland delineation or 1700 acres and a Blanket Flower T & E assessment of a suspec area. Also drafted a wetland mitigation and preservation plan, incorporating the reports into un EIS. US 53 Wetlnnd Resenrel, Minong, Wisconsin Performed field identification and detailed intcnnediate method delineAtion ofwetllmds. Studied hislorlca\ aerial photographs to determine wetland plant community changes over time, and effects f road construction on wetlands. Performed literature review to identify other research perfomlcd in his area. JI3JQJA Jg JJJN p g AAA pl JJJJJAJJJ 2 Wayn e E . Ja c ob so n , PS S , W D C, PWS, AFS Senior Scientist OSI Corporate Headquarters - Medina, Minnesott Performed wetland delineation of' 20 acres along with historical aerial analysis of farmlands. Als drafted a wetland mitigation and preservation plan. Negotiated pennit in a historically farmed area o racilitatc: oxisting project plan as well as future expansion. Cemstone Plant Expansions =- T'win Cities, Minnesota Performed a wetland delineation of plant expansion sites in Jordan, Hain Lake, and St. Bonifacius, Minnesota. Negotiated pennits to provide for plant expansion. Tcrdtory l>evelopment, Credit RJver 1'ownllhlp, Minnesota Prepared a USCOB Wetland Pe1mit Application and complete hydric soil delineation of the site. Obtained approval for clustered community septic systems in low chroma well drained soils. Superior Landfill Expansion, Superior, Wisconsin Performed field identification and delineation of wetlands in a problem soil area of Lake Superior ed Clay, Mapped wetland areas and presented various wetland permitting scenal'ios in an individual USCOE 404 pcm,it. Performed wetland functional analysis, and an Practicable Alternatives Analysis. Anoka County-Blaine Airport, Metropolitan Airport Commission, Blaine, Minnesot Performed large wetland delineations over five years of tho entire airport property using OPS. SLIUD'f nnd Tallus Jsland Superfund Site, St. Louis River, Duluth, Minnesota Performed Series of City of Duluth and St. Louis County Public Meetings. Drafted Riparian Rcvegetation Plans. Designed Sh111low Coolwater Fisheries Restoration Area in a Shallow Marsh o Tallus Island. SMC Owatonna Granite Mine Expansion, Owatonna, Minnesota Performed a large wetland delineation over a state exempt area, and designed mitigation to satisfy State, and USCOE permit requirements in a area adjacent to a State Canoe Route. Montnnnrt Homes Sensonnal Dock Permit, Bnyport, Minnesota Prepared a combined joint notification form, permit application and presented harbor designs ad a upland mitigation plan lo ensure permitting of a seasonal dock structure along the St. Croix River. Performed wetland delineation, river hydrographic survey, upland mitigation planning, and regulat negotiation. Cambridge Airport Runaway Expansion, Cambridge, Minnesota Performed a comprehensive method wetland delineation according to USCOE protocol which established a boundary along straight transect lines, off of which a detailed sampling was performe Hedgestone Development, Corcoran, Minnesota Performed a 21 basin wetland delineation for housing and trails 1111d obtained five incidental basin exemptions tlu·ough aerinl photography. Designed wetland mitigation with upland preservation and obtained permits. Authored EA W and facilitated bird survey. LTL Trucking Facility, Blulne, Minnesota Performed a wetland delineation and wetland permit application on 40 acres. 12 acres wore built u n, 2.93 acres were Impacted and 28 acres of the site were preserved in woodland and wetland mitigation. Bohn CRI6 North Residential Development, Savage, Minnesota Performed a wetland delineation on 80 acres with a historical aerial analysis. Jurisdictional wetlands were reduced from 6 basins to 4 basins, I ·._,) Bohn CRl6 South Resl<lontiRI Dovclopm ent, Savage, MlnncsotR Performed a wetland delineation on 120 acres with a historica l aerial analysis, A wo\land permit application was prepared with wetland bank credit purchase and MNRAM analysis. C.Users\Owner\Documents\RESUME Jacobson_earver.d00 NA NJ g NwNeN® AA)JANA AOAlAO3JJAAAAAAAAJoAAAAAOOI 3 Wayne E. Ja cob s on, P S S, WD C, PWS, AFS Senior Scientist Thurn beck Residential D evelop m ent, Columbus, Minnesota Performed a wetland delineation on 100 acres with a historical nerial analysis considering drain til which was only 9 years old. A wetland permit application was prepared with a successful no-loss upplicntion for the planned development which was successfully permitted. 2274-164 Ave NW Residential Development with Driveway, Andover, Minnesotn Performed a contested wetland delineation across 3 upland islands to allow driveway access to a h use lot in Andover. Performed nmthcrn long-cared bat analysis and NHIS threatened and endangered species screening to allow the permit to move ahend, Enviro nm ental Assessment Kaulrn11nn Dnm Rcplnccmcnt, Otttllgamle Councy, Wisconsin Conducted a comprehensive enviromnental survey of upland, wetland, and riverine environments. Analyzed environmental impacts of seven dam reconstruction 11l temativcs in terms of soils, geolog , wetlands, river, wildlife habitat, fisheries, and special habitats such as a heron rookery which was discovered on-site. Final alternative voided heron rookery and a stand of SO-year old bur oaks growing on historically pristine peninsula near the dam. Box Culvert, Phase IF and II Instullatlon, Burnsville, MInnesotn Performed aerial photo 1111ulysis and field identification and delineation of wetlands along the Minnesoln River. Prepared an USCOE Section 404 permit. Prepared an Environmental Assessment Worksheet (EA W) which analyzed impacts to soils, geology, wetlands, lakes, streams, wildlife hab mt, historical resources, and residential and commercial areas. Lower Rum River Water Management Organization Watershed Plan, Anoka County, Minn s0ta Roscul'ched and described geology, soils, water qunlity, fisheries, wildlife, cndnngcrcd species, parklands, and other natural rcsow·ces. Researched and inventoried polluted areas, groundwater usuge, floodplains, and wetlands. Preparation of floodplain, shoreland, and wetland management goals, objcctivcs, and policies. NSP Transmission Linc Study, Minnetonka, Mlnnesotn Prepared an environmental assessment including an EAW which analyzed impacts to soils, geoloj y, wetlands, lakes, streams, wildlife habitat, historical resources, and residential and commerciul areas\. Fifteen different options were studied, Peace Haven at Englewood, Baxter, Minnesota Performed n EAW and an EIS on a residential development site located on an old horse farmstoad; and forested area. Recommended buffers, red oak preservation, storm ponds, a community scptic syste and wetland avoidance measures designed to maintain areas working with the environment. Baxter Estates, Baxter, Minnesota Performed an EA W on a residential development site located in an urea planned to be doveloped fo some lime, Wetlands were largely avoided, and one basin was transformed into a wetland/storm water pond complex with a permit application and Wetland F1.tnctions an<t Values analysis for flexibility. Donovan L11ke, M inden Township, Minnes ota Perfonned a wetlnnd delineutlon and EA W on a 1,500 unit residential development site locnted in in area adjacent to St. Cloud. Wetlands were largely avoided and creative mitigation and regulatory negotiation was employed to allow plans to move forward. Phase I/II Environmental Assessment Jct Scryicc Stntions, La nsing, Michig an Supervised UST tank removals at 16 sites in Michigan. Installed monitoring wells und determined C:Usarawno r\acum ar a\FAES UME\Jacob son_ca¢va r.doe 4 . - -- .. ,---- ··-------- -····- ' -·-·· ---- ----··· ,----, Wa yn e E. Ja c obs o n, PS S, woe, PWS, AFS 1 I Senior Scientist aquifer characteristics through slug tesls, Sampled soil 1111d groundwator tmd reported results in Ph so 11 investigation, Fairview Riverside Hospital Phase I Environmental Assessment, Minneapolis, MInitesot» Performed a complete environmentnl 11ssess1nent of Fairview Riverside Hospital. Made recommendations on hazardous materials storagt: and disposal. Jackson Landscnpe Supply Phase I Environmental Assessment, Lakeville, Minnesota Perfo rmed n com plete c1ivlronmental assessment ofa historic dairy fann which was converted into lnndscape supply business in 1975, Also performed trec survey and wetland delineation. Rochester Peoples Natural G as Supel'fund Investigation, Rocheste1·, Minnesota Supervised installation of 25 soil borings and monitoring wells to identify extent of soil and groundwater contamination In Phase 11 investigation, Identified aquifer characteristics through slu nnd pump tests. Performed river water and sediment sampling as parl of an Ecological Risk Assessment of the Zumbro River. Lakes/Strea m s Hardwood Creek Strenm Flow Measurement, Hugo, Minnesota Performed stream flow profiling with a Marsh-McBirey Flow Meter. Utilized Sigma Sampler to measure stream depths and rainfall for 24-hour one-week periods. Assembled data for analysis. Project purpose was lo ascertain the flood capacity of the creek In relation to recent and planned development. Corbett Lake Managenuunt Plan, Ladysmith, Wisconsin Collected lake water sa mples tbr laboratory analysis. Utili u d HYDROLAB multiparameter water quality samnpling device to measure water quality. Conducted complete aquatic vegetation survey o lake and reported results, Designed lakewide aeration system. Made fislicrics management recommendations. Lower Twin Lake, Robbinsdale, Minnesota Performed lake weed and nlgao control for the city of Robbinsdale and a 20 residence lako assocint on. Mechanically controlled lake weeds rutd applied approved DNR chemicals to lnke weeds and algac o maintain recreational use of the lake. Released beetles on a purple loos estrife island to reduce the population and favor cattails, Til Gavo Consorvntion Develop1r&ent, Big M arine Lale, Minnesota Performed lake weed and algae control for a 32 space slip dock and community swimming area. Supervised winier channel excavation which connected the slip pond with Big Marine Lake under NR direction. Smith Park Pond Improvements, Bloomington, M inues ota Performed field identification and delineation ofwethmds. Mapped welhmds using GPS. Produc detailed hydro graphic depth map of pond using measuring chain and GPS mapping unit. Assisted ·ith permitting efforts for pond [ish habitat creation and made fisheries and park recommendations. Parkers DNR La ke Survey, Plymouth, Minnesota Perform ed field lake survey. Set and pulled gill and trap nets. Performed YOY seining. Measured inlet and outlet flow rates. Collected and read scale samples. Measured max depth, secchi disk, an dissolved oxygen ourve. Measured total nll<alinity, pH, conductivity, and took samples for total phosphorus and chlorophyll-a. Assisted w ith lake survey report. Performed bass electrofishing an walleye fry anti fingerling fish stocking. GI/ser s\wner) ocun en s\RE.3 UMEJ cobs on\_carver.do& 5 Wayn e E. Jaco bso n, PS S, WD C, P WS , A FS Santor Scientist · Bl oomington AquRtlc Weed Contt·ol Project, Bloomington, Mlnnesofn Performed barley bale tre atment of IS ponds from 2009-2011. Managed Bush Lake Ileach with wi :d harvesting and copper sulfate treatment for nlgne/snalls. Managed Normandafo Lake thro\lgh weed harvesting and copper compound algae treatment. Mnn,1ged 5 other ponds through mechanical harvesting and applical.ion of diaquat, 2-4D, and glysophospate. Performed entire pond curlyleaf pondweed control with Aquathol•K. M anaged crew, equipment and finances. Lake Owasso/Lake Wabasso/Snnll Lake, Roseville 011d Shoreview, Minnesota Wrote detailed lako status reports sum marizing fisheries and water quality. Wrote detnilocl loke tr e1 d studies which analyzed all available water quality inforn111tion along with other lake specific problems such as chemical weed control which might contribute to cultuml eutrophication. Created comprehensive lake management roporrs which recomm ended BMP projects and ordinances design d to improve lake wnter quality. P ope County P riority S urf ce W ater Study, G lenwood, Min nesota Produced maps outlining minor w aters hed boundari es and wetlands around the 20 priority lakes in Pope County. Analyzed soils in the) 1000-foot shore line zone around these lakes. Identified fish spawning areas and other sensitive lake hubitut. Mede recommendations to improve each lake's wa er quality. Roa dway/Corridor Great Lakes G as Transmission 1997 W etland Delineations, Northern Minnesota Wetland field supervisor for six 11crson crew delineati ng wetlands along a 300-foot corridor ir St. Louis and Carlton Counties in northern Minnesota along gas pipeline route. Supervised fi eld identification and delineation ofwr.tlnnds in sometime~ remote !lnd problem red clay soil areas. Supervised pipeline survey effort and worked with hind ngcnt on property access issues. Supervised GPS data collcction. M N D OT CSAH 23 New London to Willmar, Knndlyohl County, Minnesotn Perfo rmed field identification and delineation of 56 wetlands along 15 m ile stretch of roadway. G raded wetland quality along the route using Minn es ota DNR Natural Heritage Progrnm Protocol. Mappc wetlands end prairie, oak areas using OPS. identified potential wetland mitigation areas Wld assisteU in preparation of Environmental Assessment. C SAH 20 Improvements, W right County, Minnesota Perfo mtcd [icld identification and delineation of wetlands, Prepared USCOE Section 404 Permit, NIN WCA Permit, and MDNR Protected Waters Permit, including a complex sequencing, avoidance an minimization section to address agoncy and citizen group co ncern s. [dentificd areas for mitigation and used wetland b nking credits to partially fulfill mitigation requirements, Designed a Type I lloudplain forest and a Type 3 shallow m arsh for mitigation. Specified removal ofa caltle feedlot, nnd presented at a U SCO E public meeting. Wright CSAfi 12 Improvements, Buffalo to Montrose, MInncsot Performed a 41 basin corridor wethmd delinoalion, wetland permit application, and MNDO'f proje t memorandum report containing engineering nnd EA W aspects. Natural Resource Management Plan Comprehensive W etland Management Plan, Cloquet, Minnesota Wrote a MNDNR Grant A pplication Lo obtain 40% funding, Performed a complete inventory and gr ading of wetlands using a new Minnesota Rapid Assessment Method (MN RAM) for determining wetland functions nnd values and characteristics. Ranked all wetland basins in the City and supervised th.e production of GIS map of the City's wetlands which employed DlGlT aerial pholography flowlfor C AUs6rs\Owner\Docum ents\R ESUM E\J acobson_carv er.doc 6 JAAOJOANA4Q Al All%3gs JANNA%wee@lee lee NW®MW®WWW NW II ®WW NNM All®ill -~ Wayne E. Jacobson, PSS, WDC, FPWS, AFS l } Senior Scientist ) the study. Supervised ngency workgroup and authored CWMP Plan and wetland ordinance for the Cily. Comprehensive Wetland Management Plan, Burnsville, Mhncsota Performed a complete inventory and grading of wetlands using the Minnesota Rapid Assessment Method (MNRAM) for determining wetland fu nctions and values. Ranked and visited all wetland bas ins in tho City and assisted in the production of GIS map of tile City's natural resources. Lebanon Hills Park Nnturnl H.csourccs Inventory, Dat,ota County, Minnesota Performed complete ecological grading of upland and wetland habitats according to MDNR Natur I Heritage Program Protocol. Performed wetlands functions and values analysis on area wetlands. Tracked hydrological flow of surface water between wetland basins. Produced priority protection system which ranked upland and wetland sites for protection from proposed storm water treatment ie. Natural Resources Inventory, St. Cloud, Minnesota Performed ecological grading of upland and wetland habitats according to MDNR Natural Heritag Program Protocol. Performed wetland functions and values analysis on area wetlands. Designed community survey form to ecologically summarize natural areas. Produced priority protection syst m Which ranked upland and wetland sites for local zoning protection purposes. Hanover Natural Resource Inventory and Comp1·ehenslvc Wetland Management Plan, Hano er, M innesota. Performed a citywide wetland Inventory using the MNRAM for assessing wetland functions and values. Utilized an Ecologist to map the area using the Minnesota Land Cover Classifications System. Established greenway corridors to preserve and protect valuable wetland and upland complexes along the Crow River and connecting lo Crow-Hassan Regional Park. Hydr/c Soll Delineation Cleary Lake Aren - Credit River 'Township, Minnesota. Performed a wetland delineation 1111d hydric soil delineation for residential development. Analyzed, wetlands in terms of' landing's Turtle habitat and planned a spring meander survey to assess the population. Terrltor)' Project - Credit River Township, Minnesotn, Performed a hydric soil delineation and assisted in preparation for an AUAR document to allow fo residential development. Determined Ordinary High Water Marks on perennial and intermittent ci :eks in the area using DNR methodology. Did n Minnesota Land Cover Classification Systems analysis to identify nil natural habitats and developed ares on the site. Zweber Liberty Creel Property - Credit River 'Township, Minnesota. Performed a hydric soil delineation and soil pit analysis to site septic systems on a residential development sile, solving soil disputes related to past on site channelization. Denn Marystown Propcrty ~ Louisville Townslllp, Minnesota. Performed a winter wetland delineation and hydric soil estimation based on the plant community ai d l11ndsc11pe position on II small residential development site. Phase /Ill Environmental Assessment I Emergency Response Jet Service Stations, Lansing, Michigan Supervised UST tank removals at 16 sites In Michigan. Installed monitoring wells and determined aquifer characteristics through slug tests. Sampled soil and groundwater and reported results iii Ph se II investigation. Fairview Rlvcrsidc Hospital Phase J Euviromnentnl Assessment, Minneapolis, Minnesota C:\Users\Owner\Documents\/RESUME\Jacobson_carver.do¢ -----------------··-··-·-··- -------··- . -· 7 Wayn e E. Jacobson, PSS, WDC, PWS, AFS Senior Scientist Performed II complete cnvironmonml assessment ofFaiL·view Riverside Hospital. Made recommendations on hazardous materials storage and disposal, Jncl,son Landscnpc Supply Phase I Environmental Assessment, L11 kcvlllc, Minnesot11 Performed a complete environmon!ul ussessment of11 historic dairy farm which was converted into landscape supply business in 1975. Also performed tree survey and wetland delineation. Anoka Hedgestone Senior Housing Development, Anoka, Minnesota Performed a complete Phase I Environmental A ssessment of an abandoned site along the Rum Riv r which was a lumber mill and gas station from 1890-1950. Performed a groundwater flow and vapo · mod el to determine likelihood of on-site contamination, Site was approved for development through a Federal HUD loan process . Rochester Peoples Nstural Gas Superfund Investigation, Rochester, M innes ota Supervised installation of 25 soil borings and monitoring wells to identify extent of soil 1111d groundwater contamination in Phase II investigation. Identified aquifer characteristics through slug and pump tests. Pcifonnod river waler and sediment sampling as part of an Ecological Risk l Assessment of the Zumbro River. Hurricane Katrina Emergency R esponse, New Orlenns, L ouisinn Supervised outer ring well water distribution station on edge of city utilizing Florida Citrus Grove Water Tanker Trucks. Coordinated testing of trucks and well water mid ensured testing supplies an dntft coll ection with PDA's and logbooks was performed properly. Expert Witness Todd Schm idt Violation - Spring Lake Township, Minnesota. Performed a after the tilct wetland delineation for rcsidcntiul development. Analyzed wetlands int nns of pre-existing violation conditions und received approval for standard 2:I replacement on-site avoiding further pcnolties and a cease and desist order. Demolition Landfill Violation Project - Sauk Center, Minnesota. Reviewed a U SC OE violation delineation and prepared court documentation. Interviewed client about past events to solve the violation, and previous penuit applications. SUPPL EME N TAL CO UR SES AreGIS I and JI , ESRI Trnining Center (2010) Getting to know ArcGIS (201 l) Wetland Delineation USCOE Course, WTI (1992, 1993) Wetland Delineation in Pro b lem Red C lay Soils, DB WSR (2002) Minnesota Wetland Plant Identification, WTI (1992, 2003) Practice of wetland Construction, WTI (1994) Wetland Floristic Quality Assessment, MPCA (2008) Introduction to So il Science, U of M (1993) Wetland Soils, U of M (1994) Wetland Delineation Technology Seminar (1995) C onstru cted T reatm ent Wetlands, O SU (19 97) So il Physical Properties, U ofM (1998) Soil M icrobiology , U of M (1998) Forest Hydrology, LU of M (1999) SWPPP Erosion Control Plan Prep, U ofM (2007) C.AU±or\OwnarDocumenle\RE SUMEJacobson_ervar. doc ------------··- ·-···----·-- - ---··· 8 1---, Wayne E. Jacobson, PSS, WDC, FWS, AFS Senior Scientist M PC A IST S Basic-Designer-Soils Courses, U ofM (2003, 2007) PAST BOARD INVOLVEMENT Past City of W atertown Pnrk Com m ission C hail'man Past C ity of Hanover Park Board Chairman Past C arver County Water, Environment, and Natural Resources Committee & Technical Committee ' ) C:Users'wnor\Documents\RESUME\Jocobson_carver.doc ------·-----·-··· ······· ... ----- 9 BMLA Board Meeting May 1, 2019 Addendum to Minutes of the Meeting: (This addendum is being sent is advance of the complete meeting minutes.) At the 5/1/19 BMLA Board Meeting, Peter Stalland and Jon Salitros of Tii Gavo presented the request made by the Tii Gavo Homeowners' Association to the City of Scandia to increase the Tii Gavo boat slips from 19 to 29. After discussion, the Board reached agreement on the following statement: "The Mission of the Big Marine Lake Association has always centered on Aquatic Invasive Species (AIS). With the BMLA Board's understanding of AIS issues, the Board sees no problem with the addition of 10 boat slips in Turtle Bay (Outlot D) at Tii Gavo." Submitted by, Rich Burton VP, BMLA Outlook Mail peter stalland From:(Neil Soltis) OR Fr © Search results In folders s/ All folders inbox From j.) NS Neil Soltis n.soltis@ci.scandia.mn.l tii gavo docking compu ... 236 KB Date ® New] Y <9 Reply]Y iiii Delete ii Archive Junk [9 Sweep Move to v RE: special provisions for docks Neil Soltis <n.soltis@ci.scandia.mn.us> Mon 05/07, 10.38 AM You; 'Dan Tilsen' (djtilsen@gmail.com) V code excerpt re controll... 638 KB 2 attachments (874 KB) Download all Save all to OneDrive - Personal • All This week Peter Note that this is a rough calculation based on the provisions of the ordinance. Neil Last week This month Select range From I Sun 05/20/2018 To s Neil Soltis. City Administrator City of Scandia 14727 209 Street Scandia, Mn 55073 Office-651.433.2274 Fax- 651,433.5112 Cell-- 651.245.2654 I Sun 05/20/2018 From: peter stalland [mailto:peterstalland@hotmail.com] Sent: Monday, May 7, 2018 9:47 AM To: Neil Soltis <n.soltis@ci.scandia.mn.us>; Dan Tilsen <djtilsen@gmail.com> Subject: Re: special provisions for docks Neil: can you explain how you came up with your 27 total boat slips possibly available pursuant to this ordinance? this might help Dan figure out his calculation a bit quicker .. thanks ? -9 Ur to s y Reply ] K. Peter Stalland, Esq. 19356 Meadowridge Trail North Marine, MN 55047 Office tel#: 651-433-0155 Cell tel#: 651-245-7222 Email: peterstalland@hotmail.com From: Neil Soltis <n.soltis@ci.scandia.mn.us> Sent: Monday, May 7, 2018 9.39 AM To: peterstalland@hotmail.com Subject: special provisions for docks Peter, Here is the information on calculating the max # of docks. Neil Neil Soltis. City Administrator City of Scandia 14727 209" Street Scandia, Mn 55073 Office - 651.433.2274 Fax-- 651.433.5112 Cell-- 651.245.2654 Lake a rea Fron tage ra tio 1 ,7 9 9 ac res 11.29 m iles 15 9 .3 446 Lo t w id th M inim um Excess o v er m inim um Fro n tag e ratio 2 0 % p e r a d dition a l w ate rcra ft 2 0 % of m inim u m lo t w id th Ad dition al w ate rcra ft A llow e d o n m in im u m w id th Total allowed w ate r cra ft 7 95 fe et 1 50 fe et 645 feet 30 21.5 6 27.5