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Permit 02-56; New Image Fitness - Vadnais Heights The wetland onsite is currently classified as Protect. A site visit was made to verify the classification, at which time staff determined that the Protect wetland classification was not appropriate. Instead, a Manage 2 category was determined by staff to be the appropriate classification, with an associated 25-foot buffer requirement. The applicant is required to provide documentation that their current plans meet this requirement. Motion: Roger Lake moved, Bob Johnson seconded, to approve Permit #02-56. Motion carried. Monthly Enforcement Report During October, 11 notices were issued to address the following violations on permit sites: repair silt fence (9), sweep streets (6), stabilize site and revegetate areas (2), repair inlet protection (5), and repair rock construction entrance (4). Ongoing enforcement issues:: New Century (Permit #99-OS), Townhomes of Oak Run Shores (Permit #98-34), and wetland restoration at Tartan High School Phase 4 (Permit #02-09). 5. PROJECT STATUS REPORTS Project Delays - CIP Maintenance/Repairs 2002, Battle Creek Lake Flood Protection Berm Brad Lindaman handed out the Barr Engineering memo dated 11/6/02 that discusses potential damages due to project delays. Jay Bros. is the contractor on both sites. Brad Lindaman stated that the completion deadlines have passed on both projects, and he expressed concern that there appears to be no sense of urgency on the part of the contractor to complete these projects. No formal requests for extension have been submitted that require Board action at this time, but he asked them to consider the issues outlined in the memo when that point in time occurs. Cliff Aichinger advised the Board that they can deny the granting of any further extensions, demand completion of the work by the contractor, if necessary hire another contractor to complete the work, and assess the cost against any amounts due Jay Bros. The District will continue to incur additional engineering and administrative costs until the project is completed. Some of the maintenance sites have incurred erosion damage because they were left open too long and now require repair. District staff had to postpone the shoreline restoration work on the berm until next year, and the plant material that was ordered will likely be lost. Now that the District is incorporating natural resources elements into their CIB projects, Cliff emphasized how critical it is for contractors to finish their work on time because the window of time for planting is very limited. Bob Johnson wants staff to track this type of contractor performance information so that it can be refen-ed to in the future as needed. Tracey Galowitz was instructed to notify the contractor that they are past the completion date on these two projects, to require the contractor to submit a plan of action within five business days, and to inform the contractor that the District is not waiving their right to assess damages. Valley Creek Road Stormwater Infiltration John Toedt, Project Manager for Glenn Rehbein Excavating, was present to discuss his November 5`h letter requesting a contract extension from September 30 to November 22, 2002. The Board also received Brad's November 5`h memo that presents additional information for the Board's consideration. The District will continue to incur additional engineering and administrative costs until the project is completed. Approximately 75% of the site was seeded and mulched by October 27, which was outside the seeding timeframe specified in the contract documents. Poor germination may occur as a result. John Toedt fully acknowledged responsibility for the status of the project. The large amount of water feeding into this area was not anticipated, and they have had to re-grade certain portions of the site at least three times. They had to come up with a different approach to install the infiltration section, which required importing coarse aggregate at a cost of $4,000 alone. He stated that the success of this project is critical to his company, and they have a vested interest in making sure this technology works. Page 2 November 6, 2002 RWMWD Minutes