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Mr. Gary Peterson and Mrs. Jaculin Peterson Page 2 August 7, 2008 Minn. R. 7090.2010, CONSTRUCTION ACTIVITY PERMIT REQUIREMENTS. Subpart.3. Compliance requirements for unpermitted construction activity. Owners and operators of construction activities required to have a construction storm water permit under this part that fail to submit a permit application or subdivision registration under subpart 2 shall comply with the storm water discharge design requirements, construction activity requirements, and the requirements of Appendix A in the construction stormwater permit as incorporated by reference in part 7090.0060. 2. NPDES/SDS PERMIT PART III. STORM WATER DISCHARGE DESIGN REQUIREMENTS. The owner must develop a Storm Water Pollution Prevention Plan(SWPPP). The SWPPP shall be completed prior to submitting any permit application and prior to conducting any construction activity by any required Permittee(s). During the inspection performed on May 28, 2008, by SWCD staff, Bob Peterson(site contact), who identified himself as project owner, informed staff that he did not have a Storm Water Pollution Prevention Plan(SWPPP)on site and had no knowledge that a SWPPP plan had been completed. 3. NPDES/SDS PERMIT PART IV. CONSTRUCTION ACTIVITY REQUIREMENTS. C.2 SEDIMENT CONTROL PRACTICES Sediment control practices must be established on all down gradient perimeters before any upgradient land disturbing activities begin. These practices shall remain in place until final stabilization has been established in accordance with Part N.G. On May 28, 2008, SWCD staff observed the site contact using a bobcat to push tree debris into a burn pile which was downgradient of exposed soils. SWCD staff observed that the Regulated Party failed to install downgradient perimeter control along the west edge of the land disturbing activity. CORRECTIVE ACTIONS In order to address the alleged violations described in this letter, the Regulated Party is to respond accordingly: 1. Within ten days after receipt of this letter, the Regulated Party shall submit an Application for General Stormwater Permit for Construction Activity (MN R 10000 1) for the land disturbing activity that has occurred. The application and SWPPP should incorporate all aspects of the project, current and proposed future work on the Site. 2. Within ten days of receipt of this letter,the Regulated Party shall ensure the Site is in compliance with all the terms and conditions of the NPDES/SDS permit. This may include but is not limited to the installation of perimeter control, erosion and sediment control best management practices (BMPs), installation of temporary or permanent cover on exposed soils and the conducting of the required weekly inspections.