HomeMy WebLinkAbout#07 - 10212 Stillwater Lane Variance RequestSTAFF REPORT
DATE: 10/4/2022
REGULAR
MOTION
TO: City Council FROM: Ben Hetzel, Lake Elmo City Planner AGENDA ITEM: 10212 Stillwater Lane N Variance Request
INTRODUCTION: Thomas Buege (Property Owner/Applicant) recently submitted a variance application to install a
replacement sewage treatment system and septic tanks within 75 feet of a delineated wetland
boundary located at 10212 Stillwater Lane N, parcel 14.029.21.32.0003 (Subject Property). The property owner is proposing to construct a mound septic system to replace the existing failing septic system. To do this, the applicant is proposing to plant a 25 foot vegetative buffer between the rock and sand bed and the delineated wetland boundary. The proposed mound system would
consist of a 10 foot by 45 rock and bed, a 14 foot by 45 foot sand absorption area, and three
tanks. These components would be installed at the following distances from the delineated wetland boundary:
• Rock Bed: 25 feet
• Absorption Area: 11 feet
• Tanks: 38 feet ISSUE BEFORE CITY COUNCIL: The City Council is being asked to hold a public hearing, review, and make a recommendation on the request to install a sewage treatment system and septic tanks within 75 feet of a wetland. VARIANCE REQUEST DETAILS/ANALYSIS: Address: 10212 Stillwater Lane N
PID: 14.029.21.32.0003
Lot Area: 0.7 acres
Existing Zoning: Rural Single Family and Valley Branch Watershed District
Surrounding Zoning: Rural Single Family and Public Facilities
Deadline for Action: Application Complete – 8/18/2022 60 Day Deadline – 10/12/2022 Extension Letter Mailed – N/A 120 Day Deadline – N/A
Applicable Regulations: Article V - Zoning Administration and Enforcement
Article XI- Wetland Protection and Preservation Overlay District
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Reason for Request. The applicant and septic system designer have indicated that the southern
portion of the lot consists of mostly fill material and is not suitable for a replacement system. Suitable system area is limited to the proposed location. Section 105.04.520(5)b. states that no part of any septic tank system or of another sewage
disposal requiring on-land or in-the-ground disposal of waste shall be located closer than 75 feet
from the edge of a wetland. CITY AGENCY REVIEW: This request was distributed to several city departments for review on August 18, 2022. The
following departments provided comments on the variance request.
Valley Branch Watershed District (Email) The mound system appears to be below the 100 year flood level. The 100 year flood level for the low area appears to be 939-940. Valley Branch Watershed does not prohibit it, but does
review any fill below the 100 year flood level so that the fill does not raise the flood level by 0.1
feet. REVIEW AND ANALYSIS/DRAFT FINDINGS: An applicant must establish and demonstrate compliance with the variance criteria set forth in
Lake Elmo City Code Section 105.12.320 set forth by the MN Stat. 462.357 subd.6 before the
City may grant an exception or modification to city code requirements. These criteria are listed below, along with comments from Staff about the applicability of these criteria to the applicant’s request.
1) Practical Difficulties. A variance to the provision of this chapter may be granted by the
Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of
practical difficulties - “Practical difficulties” as used in connection with the granting of a
variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. FINDINGS:
Strict enforcement of the code would create an inability to properly dispose of domestic
wastewater. The parcel configuration, existing structures, and fill material south of the home
leave a limited amount of area for a replacement sewage treatment system. The only usable soils are within the 75 foot wetland setback area. Granting a variance would allow the applicant to use the property in a reasonable manner as there is no public sewer service
available at this location.
2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner.
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FINDINGS:
The applicant is not responsible for the parcel configuration, existing structures, or the
placement of fill on the southern portion of the parcel. The applicant purchased the property in 2007 with all existing conditions in place.
3) Character of Locality. The proposed variance will not alter the essential character of the
locality in which the property in question is located.
FINDINGS: The proposed sewage treatment system would not alter the essential character of the
neighborhood. The proposed mound system would be located in the rear yard with limited
visibility from surrounding properties. Upon installation, a vegetative cover would be
established to prevent erosion and make the mound system more inconspicuous. Surrounding residential properties also have private sewage treatment systems due to public sewer service not being available to the area.
4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood.
FINDINGS:
The proposed request will have no effect on the supply of light and air to adjacent properties or increase congestion in the public streets. Property values should not be diminished from the request. Residential properties in the area are to be served by similar private or
community wastewater treatment systems. The system is designed as a Type 3 sewage
treatment system, which treats wastewater at higher standard prior to effluent being
dispersed to the mound system. PUBLIC COMMENT: A hearing notice was sent to surrounding properties on September 14, 2022. A hearing notice
was published in the local newspaper on September 16, 2022. Staff received one comment from a neighboring property owner in support of the variance request. FISCAL IMPACT: None
OPTIONS: The City Council may:
• Approve the variance request.
• Approve the variance request with conditions.
• Deny the variance request, citing findings of fact for denial. RECOMMENDATION: The Planning Commission recommended approval of the proposed variance request at the September
26, 2022 meeting.
4
Staff recommends that the City Council approve the request from Thomas Buege for a variance to install a sewage treatment system and septic tanks within 75 feet of a delineated wetland boundary.
“Motion to approve Resolution No. 2022-087, approving a variance with conditions to install a sewage treatment system and septic tanks within 75 feet of a delineated wetland boundary at 10212 Stillwater Lane N.” RECOMMENDED CONDITIONS OF APPROVAL 1. The wetland must be fully protected by the installation of a dual silt fence. 2. The mound system and all disturbed areas must be seeded and covered.
3. The applicant must obtain all other necessary City, State, County, and other governing body permits and approvals before the commencement of any construction activity onsite. These include, but not limited to, Valley Branch Watershed District approval and a Washington County Subsurface Sewage Treatment System permit. 4. This variance approval is only for a reduced setback in the proposed locations according
to the revised site survey dated September 23, 2022. Any deviation in system component locations would require approval from the City of Lake Elmo. 5. This variance approval shall become void if the sewage treatment system and tanks have not been installed within 12 months of the City’s approval. 6. The applicant must receive an approved City Wetland Permit prior to any construction.
ATTACHMENTS: 1) Land Use Application 2) Written Statements 3) Location Map 4) Certified Survey 5) Site Photos 6) Wetland Delineation Report 7) Valley Branch Watershed District email 8) Valley Branch Watershed District Approval
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2022-087
A RESOLUTION APPROVING A VARIANCE WITH CONDITIONS TO INSTALL A
SEWAGE TREATMENT SYSTEM AND SEPTIC TANKS WITHIN 75 FEET OF A
DELINEATED WETLAND BOUNDARY AT 10212 STILLWATER LANE N.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Thomas Buege (the “Applicant”), owner of the property located at 10212 Stillwater Lane N – Parcel 14.029.21.32.0003, Lake Elmo, MN 55042 (the “Property”) have submitted an application to the City of Lake Elmo (the “City”) for a variance request to reduce
the wetland setback for a sewage treatment system and septic tank to 11 feet where a minimum of 75 feet is required; and WHEREAS, notice has been published, mailed, and posted pursuant to the Lake Elmo
Zoning Code, Section 103.00.120; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on September 26, 2022; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated October 4, 2022; and
WHEREAS, the City Council considered said matter at its October 4, 2022 meeting and directed City staff to draft a resolution approving the variance with conditions for its consideration; and
NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following:
FINDINGS
1) That the procedures for obtaining a variance are found in Section 105.12.320 of the Lake
Elmo Zoning Code.
2) That all submission requirements of Section 105.12.320 of the Lake Elmo Zoning Code
have been met by the Applicant.
3) That the proposed variance includes the following components:
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a) The applicant proposes to install a 10 foot by 45 foot rock and sand bed, a 14 foot by
45 foot sand absorption area, and three tanks at the following distances from the
delineated wetland boundary:
a. Rock and sand bed: 25 feet
b. Absorption Area: 11 feet
c. Tanks: 38 feet
b) Section 105.04.520(5)b. states that no part of any septic tank system or of another
sewage disposal requiring on land on in-the-ground disposal of waste shall be located
closer than 75 feet from the edge of a wetland.
4) Practical Difficulties as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by an
official control:
Strict enforcement of the code would create an inability to properly dispose of domestic wastewater. The parcel configuration, existing structures, and fill material south of the home leave a limited amount of area for a replacement sewage treatment system. The
only usable soils are within the 75 foot wetland setback area. Granting a variance would
allow the applicant to use the property in a reasonable manner as there is no public
sewer service available at this location.
5) Unique Circumstances the plight of the landowner is due to circumstances not created by
the landowner:
The applicant is not responsible for the parcel configuration, existing structures, or the
placement of fill on the southern portion of the parcel. The applicant purchased the
property in 2007 with all existing conditions in place.
6) Character of Locality the proposed variance will not alter the essential character of the
locality in which the property in question is located:
The proposed sewage treatment system would not alter the essential character of the
neighborhood. The proposed mound system would be located in the rear yard with
limited visibility from surrounding properties. Upon installation, a vegetative cover would be established to prevent erosion and make the mound system more inconspicuous. Surrounding residential properties also have private sewage treatment systems due to
public sewer service not being available to the area.
7) Adjacent Properties and Traffic the proposed variance will not impair an adequate
supply of light and air to properties adjacent to the property in question or substantially
increase the congestion of the public streets or substantially diminish or impair property
values within the neighborhood:
3
The proposed request will have no effect on the supply of light and air to adjacent
properties or increase congestion in the public streets. Property values should not be
diminished from the request. Residential properties in the area are to be served by
similar private or community wastewater treatment systems. The system is designed as a Type 3 sewage treatment system, which treats wastewater at higher standard prior to effluent being dispersed to the mound system.
DECISION NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the information received and the above Findings, that the City Council of the City of Lake Elmo
hereby approves the request from Thomas Buege for a variance with conditions to install a sewage treatment system and septic tanks within 75 feet of a delineated wetland boundary. Approval of the request is subject to the following conditions. 1. The wetland must be fully protected by the installation of a dual silt fence.
2. The mound system and all disturbed areas must be seeded and covered. 3. The applicant must obtain all other necessary City, State, County, and other governing body permits and approvals before the commencement of any construction activity onsite. These include, but not limited to, Valley Branch Watershed District approval and a Washington County Subsurface Sewage Treatment System permit.
4. This variance approval is only for a reduced setback in the proposed locations according to the revised site survey dated September 23, 2022. Any deviation in system component locations would require approval from the City of Lake Elmo. 5. This variance approval shall become void if the sewage treatment system and tanks have not been installed within 12 months of the City’s approval.
6. The applicant must receive an approved City Wetland Permit prior to any construction.
Passed and duly adopted this 4th day of October, 2022 by the City Council of the City of Lake
Elmo, Minnesota.
____________________________________
Mayor Charles Cadenhead
ATTEST:
_______________________________
Julie Johnson, City Clerk
Washington County, MN
December 2, 2021 0 40 8020 ft
0 10 205 m
1:500
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
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MPCA License #3321 Certification #C3268 SEPTIC SYSTEM DESIGNS • PERCOLATION TESTS SOIL BORINGS • SUB-DIVISION PLANNING
Ed Eklin Septic System Design
2303 County Road F East ∙ White Bear Lake, MN 55110 651-485-2300 zeklins@gmail.com
September 25, 2022
Tom Buege
10212 Stillwater Lane N
Lake Elmo, MN 55042
Dear Tom:
Since the original design, a wetland delineation has been performed, the100 year flood elevation has been established and
a survey has been completed. Also, the City of Lake Elmo has been reviewing technical issues. The final dimensions of the
mound system have been determined in coordination with me and others because of the wetland. It appears that 82 square
feet of the wetland is to have fill soils placed on it.
The closest part of the wetland is 26 feet from the proposed mound rock bed and 12 feet from the proposed mound
absorption area. Because the 75 foot wetland setback cannot be met, permission will be needed by the City of Lake Elmo
and Washington County. The proposed absorption area is 12 feet from the delineated wetland.
The sewage treatment system is to be placed in a 100 year flood zone, if flooding occurs above the elevation 937.5, the
tanks must be pumped as soon as possible and no effluent is to discharge into the mound system until the water level is
937.5 or lower. A permanent iron stake should be placed in the yard with the top of it at 937.5 in order to know when to
pump the tanks and discontinue use of the sewage treatment system if flooding occurs.
Because of limited area downslope of the proposed rock bed, I have used a downslope berm multiplier that is less than the
three to one minimum. Minimum is 5.55 and I used 4.8. I estimate the finished slope to be approximately 28%. An erosion
control blanket could be used.
A device must be installed to prevent backup in the home if flooding occurs.
Before any construction begins on the lot, a double row silt fence must be installed. See survey.
MPCA License #3321 Certification #C3268 SEPTIC SYSTEM DESIGNS • PERCOLATION TESTS SOIL BORINGS • SUB-DIVISION PLANNING
At your request, a site evaluation was performed at the property located at 10212 Stillwater Lane N, Lake Elmo, MN., for a
subsurface sewage treatment system.
It is my understanding that there is a Cesspool and a possible seepage pit. Also, there may be an existing drain field in the
low area at the northwest part of the lot. The tanks do not meet requirements. They will need to be pumped out and filled
with sandy soils.
Because the area is in a flood zone, I have designed a Type 2 sewage treatment system.
I am recommending a pressurized mound system.
For a 3-bedroom home, I recommend that the mound rock bed be 10 feet wide and 45 feet long, which is 450 square feet.
There must be at least 36 inches of clean sand below the upslope edge of the rock bed.
I forbid the use of anything other than rock as the distribution media.
The following materials will be needed for construction of the mound system:
The installer should calculate the sand, sandy berm material and top soil needed. A materials worksheet is included.
• Approximately 17 yards of drain field rock.
• Two-1,000-gallon Septic Tanks.
• An effluent filter with alarm. I recommend a high capacity filter such as a Polylok 525.
• A 1,000 gallon pump tank.
• A pump that will handle at least 34 gallons per minute with 16 feet of Total Dynamic Head.
• An alarm for the pump.
• A flow measurement device, such as an event counter or water meter.
• Back up preventive device between tanks and house.
• There are to be three,1.5 inch laterals, 43 feet long, spaced 36 inches apart, with 1/4 inch perforations spaced 36 inches apart. The manifold can be placed at the end or center of the laterals.
Access for maintaining/pumping the septic tanks can be from the driveway.
A vegetative cover must be established over the treatment system as soon as possible and the area must be protected from
erosion if needed, until the vegetation is established.
Footing or roof drains, chemically-treated hot tubs, pool water, paint, and other products containing hazardous chemicals
must not discharge into the sewage treatment system.
Low-flow shower heads and toilets can cut down on water usage. Leaky faucets and toilets can add too much water to the
treatment system and should be fixed promptly.
It is the homeowner’s responsibility to get the septic tanks pumped in accordance with your local government’s ordinances.
A licensed maintainer (pumper) will be required to do this. Washington County requires pumping no less than once every 3
years.
MPCA License #3321 Certification #C3268 SEPTIC SYSTEM DESIGNS • PERCOLATION TESTS SOIL BORINGS • SUB-DIVISION PLANNING
This design must be reviewed by Washington County Public Health and the City of Lake Elmo. A septic permit must be
obtained before the installation of any part the subsurface sewage treatment system.
If you have any questions or concerns, please feel free to call me. I would be glad to help.
Sincerely,
Ed Eklin
From:Ben Hetzel
To:John P. Hanson
Subject:RE: Wetland Buffer for Septics
Date:Wednesday, August 17, 2022 8:46:00 AM
Attachments:image001.png
Thanks for the explanation John. I understand, just much different than what I am used to coming
from Wisconsin. This would not apply to our floodplain code after review. Our code seems to be
bound by the Flood Insurance Rate panels.
I will be sending out the official agency review request later today or tomorrow. Thanks again.
Ben Hetzel City PlannerCity of Lake Elmo3800 Laverne Ave. N.
Lake Elmo, MN 55042651-747-3911
From: John P. Hanson [mailto:JHanson@barr.com]
Sent: Tuesday, August 16, 2022 4:29 PM
To: Ben Hetzel <BHetzel@lakeelmo.org>
Subject: RE: Wetland Buffer for Septics
Caution: This email originated outside our organization; please use caution.
Ben,
FEMA only maps large basins, large streams, and rivers.
Flood levels can be calculated for all low areas, wetlands, stormwater ponds, etc. These aren’t
shown on FEMA maps. The water level in this depression from a 100-year 10-day runoff event
would be higher than the low area’s overflow (939.8, according to the plans you sent). Therefore,
the proposed system has the potential to flood in an event more frequent than that. In other words,
this proposed system is below the 100-year flood level of the low area.
VBWD requires permits for all grading/filling below 100-year flood levels. This project involves that
type of work and will require a VBWD permit. VBWD doesn’t prohibit septic systems from being
below 100-year flood levels. But, it’s a really really bad idea. VBWD does regulate the amount of fill
placed below a 100-year flood level so that the fill doesn’t raise the 100-year flood level by more
than 0.1 foot. In this case, I think the landowner understands the risks of constructing an expensive
new system below a 100-year flood level and will be excavating a volume that is equivalent to the
amount of fill. However, no grading plan has been submitted.
John
John P. Hanson, PE
Valley Branch Watershed District Engineer Barr Engineering Co. | 4300 MarketPointe Drive | Bloomington, MN 55435 office: 952.832.2622 | cell: 612.590.1785 JHanson@barr.com | www.barr.com | www.vbwd.org
From: Ben Hetzel <BHetzel@lakeelmo.org>
Sent: Tuesday, August 16, 2022 4:19 PM
To: John P. Hanson <JHanson@barr.com>
Subject: RE: Wetland Buffer for Septics
CAUTION: This email originated from outside of your organization.
John,
I have looked up the floodplain on FEMA and on MN DNR and I fail to see where the 100 year flood
level is indicated at 939.
Ben Hetzel
City PlannerCity of Lake Elmo3800 Laverne Ave. N.Lake Elmo, MN 55042
651-747-3911
From: John P. Hanson [mailto:JHanson@barr.com]
Sent: Tuesday, August 16, 2022 3:48 PM
To: Ben Hetzel <BHetzel@lakeelmo.org>
Subject: RE: Wetland Buffer for Septics
Caution: This email originated outside our organization; please use caution.
Hi Ben,
The issue for this proposal isn’t a buffer, it’s a flood level. The 100-year flood level of the low area
appears to be approximately 939-940. Constructing an expensive septic system near a low area that
has the potential to flood is risky. VBWD doesn’t prohibit it, but does review any fill below a 100-
year flood level so that the fill doesn’t raise the 100-year flood level by 0.1 foot. (VBWD requires a
permit for all fill and grading below a 100-year flood level, too.) I’ve asked the consultant (EOR)
working with the landowner to provide some calculations if the system is placed below 939. I hadn’t
seen a plan until your email.
John
John P. Hanson, PE
Valley Branch Watershed District Engineer Barr Engineering Co. | 4300 MarketPointe Drive | Bloomington, MN 55435 office: 952.832.2622 | cell: 612.590.1785 JHanson@barr.com | www.barr.com | www.vbwd.org
From: Ben Hetzel <BHetzel@lakeelmo.org>
Sent: Tuesday, August 16, 2022 3:41 PM
To: John P. Hanson <JHanson@barr.com>
Subject: Wetland Buffer for Septics
CAUTION: This email originated from outside of your organization.
Hello Dan,
We received a variance application for a wetland setback encroachment for a septic. Our
engineering team mentioned that the Watershed district may have a buffer zone around the
wetland depending on ranking. Is this the case? See attached survey.
Ben Hetzel
City PlannerCity of Lake Elmo3800 Laverne Ave. N.Lake Elmo, MN 55042
651-747-3911
Ed Marchan ● Don Pereira ● John Brach ● Rick Gelbmann
P.O. Box 838 | Lake Elmo, MN 55042-0538 | www.vbwd.org
September 27, 2022
Thomas and Joni Buege
10212 Stillwater Lane North
Lake Elmo, MN 556042
Re: Septic System Installation—Lake Elmo, Minnesota
VBWD Variance Permit #2022-51
Dear Thomas and Joni Buege:
Enclosed is the Valley Branch Watershed District (VBWD) permit for your project. Please note the
following conditions imposed by the Managers, which are also listed on the back of the permit.
1. The applicant must obtain any necessary approvals from other persons and/or entities with
ownership interests on the property affected by the proposed project. It is the applicant’s
burden to obtain any and all necessary permissions or ownership rights to property not
owned by the applicant, including prescriptive easements. The applicant must obtain any
necessary permits.
2. This permit is not transferable.
3. The applicant agrees to indemnify and hold harmless the VBWD for any and all future liability,
causes of action, or claims relating to or arising out of the District’s grant of this permit. Such
claims include, but are not limited to, onsite flooding and flooding to neighboring properties.
4. This permit is subject to obtaining all other permits required by governmental agencies having
jurisdiction.
5. The VBWD Engineer and Inspector shall be notified at least 3 days prior to commencement of
work.
6. Erosion controls shall be installed prior to the commencement of grading operations and must
be maintained throughout the construction period until turf is established. Additional erosion
controls may be required, as directed by the VBWD Inspector or VBWD Engineer.
7. The following additional erosion controls shall be implemented on the site:
a. Double row of silt fence or other perimeter erosion control at the wetland edge.
Thomas and Joni Buege
VBWD Variance Permit #2022-51: Septic System Installation—Lake Elmo, MN
September 27, 2022
Page 2
b. All proposed slopes 3 feet horizontal to 1 foot vertical (3H:1V) should be covered with
erosion-control blanket.
c. Street sweeping shall be performed if sediment collects on streets.
8. All disturbed areas shall be vegetated within 7 days of final grading.
9. The applicant is responsible for removal of all temporary erosion-control measures, including
silt fence, upon establishment of permanent vegetation at the project site, as determined by
the VBWD Engineer and/or Inspector.
10. Valley Branch Watershed District shall be granted drainage easements that cover land
adjacent to stormwater management facilities, wetlands, and lowlands up to their 100-year
flood elevations.
11. The required drainage easements and access easements shall be recorded with the
Washington County Recorder’s Office.
12. Return or allowed expiration of any remaining surety and permit closeout is dependent on the
permit holder providing proof that all required documents have been recorded (including but
not limited to easements) and providing as-built drawings that show that the project was
constructed as approved by the Managers and in conformance with the VBWD Rules and
Regulations.
13. This permit becomes invalid if (1) the work is not initiated within 1 year of permit issuance,
(2) work is idle for 12 consecutive months, or (3) work is not completed within 3 years of the
permit issuance date.
Thank you for your cooperation with the District’s permit program.
Sincerely,
Ed Marchan, President
Valley Branch Watershed District
EM/ymh
Enclosure
c: Susannah Torseth, VBWD Attorney
Dan Scollan, East Metro Area Hydrologist—MDNR
Jeffrey Brower, VBWD District Inspector
Jack Griffin, Focus Engineering, City Engineer—City of Lake Elmo
Molly Just, Planning Director—City of Lake Elmo
Kristina Handt, City Administrator—City of Lake Elmo
Sophia Jensen, Code Enforcement Official—City of Lake Elmo
John Taylor, Building Official—City of Lake Elmo
Ben Meyer, Minnesota Board of Water and Soil Resources
Daryl Wierzbinski, Corps of Engineers
Jay Riggs, Washington Conservation District
Thomas and Joni Buege
VBWD Variance Permit #2022-51: Septic System Installation—Lake Elmo, MN
September 27, 2022
Page 3
Jim Levitt, MN Department of Natural Resources, Ramsey County DNR TEP Representative
Kelly Pharis, MN Department of Natural Resources, Washington County DNR TEP Representative
John Hanson, Barr Engineering Co.
Karen Wold, Barr Engineering Co.
Mike Strong, Barr Engineering Co.
Josh Phillips, Barr Engineering Co.
Yvonne Huffman, Barr Engineering Co.
\\barr.com\projects\Mpls\23 MN\82\2382020\_MovedFromMpls_P\2022\2022-51 Septic System Installation, 10212 Stillwater Ln
N, Lake Elmo\PermitLtr_Variance_2022-51_SepticSystemInstallation_LakeElmo.docx
Project Name and/or Number: Thomas Buege 10212 Stillwater Lane
PART ONE: Applicant Information
If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the
applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent’s
contact information must also be provided.
Applicant/Landowner Name: Thomas Buege
Mailing Address: 10212 Stillwater Lane North, Lake Elmo, MN 55042
Phone: 651-307-2840
E-mail Address: bige6469@aol.com
Authorized Contact (do not complete if same as above): Jimmy Marty, CMWP #1322, EOR Inc.,
Mailing Address: 1919 University Ave W Suite 300, St Paul, MN 55104
Phone: 651-295-4674
E-mail Address: jmarty@eorinc.com
Agent Name: Jimmy Marty, CMWP #1322, EOR Inc.,
Mailing Address: 1919 University Ave W Suite 300, St Paul, MN 55104
Phone: 651-295-4674
E-mail Address: jmarty@eorinc.com
PART TWO: Site Location Information
County: Washington City/Township: Lake Elmo
Parcel ID and/or Address: 1402921320003
Legal Description (Section, Township, Range): Section 14, Township 29 North, Range 21 West
Lat/Long (decimal degrees): 44.998272° °, -92.899294°
Attach a map showing the location of the site in relation to local streets, roads, highways. See Figure 1 and Figure 2
Approximate size of site (acres) or if a linear project, length (feet): 0.67 acres
If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to
your application or by using block 25 of the Application for Department of the Army permit which can be obtained at:
http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform_4345_2012oct.pdf
Project Name and/or Number: Thomas Buege 10212 Stillwater Lane PART THREE: General Project/Site Information
If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other
correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number.
Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The
project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings
showing the location, character, and dimensions of all proposed activities and aquatic resource impacts.
One wetland was delineated on May 24, 2022 within the Study Area (Table 1: Figure 3). The applicant is requesting
boundary and type approval from the WCA LGU for the delineated wetland. See attached wetland delineation report
including MnRAM in Appendix C.
Table 1. Delineated wetland
Aquatic Resource
Wetland Type Area
(acres) Cowardin
et al / NWI Circular 39 Eggers and Reed
Wetland 1 PEM1A Type 1 Fresh (Wet) Meadow (Disturbed
Subtype)
0.03 (113
sq ft)
PART FIVE: Applicant Signature
Check here if you are requesting a pre-application consultation with the Corps and LGU based on the information you have
provided. Regulatory entities will not initiate a formal application review if this box is checked.
By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the
authority to undertake the work described herein.
Signature: Date:
I hereby authorize Jimmy Marty to act on my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this application.
Project Name and/or Number: Thomas Buege 10212 Stillwater Lane Attachment A
Request for Delineation Review, Wetland Type Determination, or
Jurisdictional Determination
By submission of the enclosed wetland delineation report, I am requesting that the U.S. Army Corps of Engineers, St. Paul District
(Corps) and/or the Wetland Conservation Act Local Government Unit (LGU) provide me with the following (check all that apply):
Wetland Type Confirmation
Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU
concurring, not concurring, or commenting on the boundaries of the aquatic resources delineated on the property. Delineation
concurrences are generally valid for five years unless site conditions change. Under this request alone, the Corps will not address
the jurisdictional status of the aquatic resources on the property, only the boundaries of the resources within the review area
(including wetlands, tributaries, lakes, etc.).
Preliminary Jurisdictional Determination. A preliminary jurisdictional determination (PJD) is a non-binding written indication
from the Corps that waters, including wetlands, identified on a parcel may be waters of the United States. For purposes of
computation of impacts and compensatory mitigation requirements, a permit decision made on the basis of a PJD will treat all
waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be
appealed.
Approved Jurisdictional Determination. An approved jurisdictional determination (AJD) is an official Corps determination that
jurisdictional waters of the United States are either present or absent on the property. AJDs can generally be relied upon by the
affected party for five years. An AJD may be appealed through the Corps administrative appeal process.
In order for the Corps and LGU to process your request, the wetland delineation must be prepared in accordance with the 1987
Corps of Engineers Wetland Delineation Manual, any approved Regional Supplements to the 1987 Manual, and the Guidelines for
Submitting Wetland Delineations in Minnesota (2013). http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx
Project Name and/or Number: Thomas Buege 10212 Stillwater Lane
Figure 1. Aerial view of Study Area.
Project Name and/or Number: Thomas Buege 10212 Stillwater Lane
Figure 2. Site location overview.
Project Name and/or Number: Thomas Buege 10212 Stillwater Lane
Figure 3. Delineated wetland.
VALLEY BRANCH WATERSHED DISTRICT TO BE
VARIANCE APPLICATION
Ed Marchan ● John Hamerly ● Don Pereira ● Rick Gelbmann ● John Brach
P.O. Box 838 | Lake Elmo, MN 55042-0538 | www.vbwd.org
Return application to:
John Hanson, VBWD Engineer
jhanson@barr.com
Project Information
Project Name
Location
(street address, if known; otherwise major intersection)
City or Township
Parcel Identification Number (if known)
Section, Township, Range (if known) Section: Township: Range:
Project Timeline Estimate Start: Complete:
Project Contacts
Applicant Authorized Agent Owner
(if different than applicant)
Name
Company
(if applicable)
Address
City, State, Zip
Phone
Email
The Valley Branch Watershed District (VBWD) Board of Managers may grant variances from the VBWD Rules when
the Managers find that due to unique physical conditions of the land or waters involved, extraordinary and
unnecessary hardship may result from strict compliance. Such variances will not have the effect of nullifying the
intent and purpose of the VBWD Rules, or the VBWD Plan. In considering the variance, the Managers shall consider
the effect upon the entire VBWD and VBWD Plan.
This application for a variance shall be submitted to the Managers and shall document the exceptional conditions
and peculiar difficulties claimed and resulting impacts from approval of the variance.
The Managers shall approve or deny the variance within 60 days of receipt of a complete variance application.
Signatures (Required):
Applicant Authorized Agent Owner
(if different than applicant)
Signature
Date
2022-51WaivedN/A
VBWD Variance Application
Page 2
Variance Request Information
1. Describe or state the variance request.
2. State the applicable Valley Branch Watershed District Rule and describe the extraordinary or unnecessary
hardship resulting to the current site condition or proposed project.
3. Describe whether the proposed variance will affect any government services to the property.
4. Describe whether the proposed variance will substantially change the character of or cause material
adverse effect to the following:
a. Water resources,
b. Flood levels,
c. Drainage, and
d. Upstream and downstream water quality and quantity.
VBWD Variance Application
Page 3
5. Describe how the proposed variance will affect neighboring properties, and whether there will be any
detriment to neighboring properties.
6. State options other than the proposed variance that have been considered by the applicant to complete the
proposed project within the VBWD Rules.
7. State whether the landowner, the landowner’s agent or representative, or a contractor created the need for
the variance.
8. List other government entities or agencies that may have authority over the property for approvals or
permits, and whether the applicant has contacted those agencies.
9. List the names and addresses of all owners of the property or other persons/entities who have a legal
interest in the property.
VBWD Variance Application
Page 4
10.If the proposed variance may affect neighboring properties, as provided in Number 5, please list the owner
names and addresses of any potentially affected properties.
11.Attach a map of the property showing its current condition and proposed variance/project
\\barr.com\projects\Mpls\23 MN\82\2382020\_MovedFromMpls_P\2022\2022-51 Septic System Installation, 10212 Stillwater Ln N, Lake
Elmo\VariancePermitLtr_2022-51_SepticSystemInstallation_LakeElmo.docx
1.The applicant must obtain any necessary approvals from other persons and/or entities with ownership
interests on the property affected by the proposed project. It is the applicant’s burden to obtain any
and all necessary permissions or ownership rights to property not owned by the applicant, including
prescriptive easements. The applicant must obtain any necessary permits.
2.This permit is not transferable.
3.The applicant agrees to indemnify and hold harmless the VBWD for any and all future liability, causes of
action, or claims relating to or arising out of the District’s grant of this permit. Such claims include, but
are not limited to, onsite flooding and flooding to neighboring properties.
4.This permit is subject to obtaining all other permits required by governmental agencies having
jurisdiction.
5.The VBWD Engineer and Inspector shall be notified at least 3 days prior to commencement of work.
6.Erosion controls shall be installed prior to the commencement of grading operations and must be
maintained throughout the construction period until turf is established. Additional erosion controls may
be required, as directed by the VBWD Inspector or VBWD Engineer.
7.The following additional erosion controls shall be implemented on the site:
a.Double row of silt fence or other perimeter erosion control at the wetland edge.
b.All proposed slopes 3 feet horizontal to 1 foot vertical (3H:1V) should be covered with erosion-
control blanket.
c.Street sweeping shall be performed if sediment collects on streets.
8.All disturbed areas shall be vegetated within 7 days of final grading.
9.The applicant is responsible for removal of all temporary erosion-control measures, including silt fence,
upon establishment of permanent vegetation at the project site, as determined by the VBWD Engineer
and/or Inspector.
10. Valley Branch Watershed District shall be granted drainage easements that cover land adjacent to
stormwater management facilities, wetlands, and lowlands up to their 100-year flood elevations.
11. The required drainage easements and access easements shall be recorded with the Washington County
Recorder’s Office.
12. Return or allowed expiration of any remaining surety and permit closeout is dependent on the permit
holder providing proof that all required documents have been recorded (including but not limited to
easements) and providing as-built drawings that show that the project was constructed as approved by
the Managers and in conformance with the VBWD Rules and Regulations.
13. This permit becomes invalid if (1) the work is not initiated within 1 year of permit issuance, (2) work is
idle for 12 consecutive months, or (3) work is not completed within 3 years of the permit issuance date.
Approved: September 22, 2022 President
Signature
Valley Branch Watershed District
Title
Note: The grant of this permit in no way purports to permit acts, which may be prohibited by other governmental agencies.
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EPL-290EPL-252
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EPL-400
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BTL-A01 BTL-A82
BTL-A25
BTL-A11BTL-A21BTL-A22BTL-A20 BTL-A50
BTL-A41
BTL-A51
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Figure 1SEPTIC SYSTEM INSTALLATION,10212 STILLWATER LN N,LAKE ELMOPERMIT 2022-51Valley Branch Watershed District
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