Public Notices Feb. 5, 2014 Oakdale - Lake Elmo Review

Public Notices, Foreclosure Notices & Legal Notices published Feb. 5, 2014 in the Oakdale - Lake Elmo Review. Serving the surrounding communities of Oakdale, Lake Elmo and Washington County.

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NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN, that default has occurred in conditions of the following described mortgage: DATE OF MORTGAGE: July 2, 2003 MORTGAGOR: Thomas M. Allickson, Jr. and Lynn M. Allickson, husband and wife. MORTGAGEE: Optimum Mortgage Services, Inc. DATE AND PLACE OF RECORDING: Recorded September 19, 2003 Washington County Recorder, Document No. 3375495. ASSIGNMENTS OF MORTGAGE: Assigned to: TCF Mortgage Corporation. Dated July 2, 2003 Recorded September 19, 2003, as Document No. 3375496. And thereafter assigned to: Mortgage Electronic Registration Systems, Inc. Dated May 2, 2006 Recorded May 17, 2006, as Document No. 3585083. And thereafter assigned to: U.S. Bank National Association. Dated July 25, 2012 Recorded August 23, 2012, as Document No. 3903151. TRANSACTION AGENT: NONE TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: NONE LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Optimum Mortgage Services, Inc RESIDENTIAL MORTGAGE SERVICER: U.S. Bank Home Mortgage, a division of U.S. Bank National Association MORTGAGED PROPERTY ADDRESS: 3644 Abercrombie Lane, Stillwater, MN 55082 TAX PARCEL I.D. #: 1903020330082 LEGAL DESCRIPTION OF PROPERTY: Unit No. 509, Common Interest Community No. 154, a condominium, Lodges at Settlers Glen, Washington County, Minnesota COUNTY IN WHICH PROPERTY IS LOCATED: Washington ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $157,500.00 AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $159,297.54 That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof; PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: February 26, 2014 at 10:00 AM PLACE OF SALE: Sheriff's Office, Law Enforcement Center, 15015 62nd Street North, Stillwater, MN to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys' fees allowed by law subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. §580.07. TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on August 26, 2014, unless that date falls on a weekend or legal holiday, in which case it is the next weekday, and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE:None "THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED." Dated: December 17, 2013 U.S. Bank National Association Mortgagee/Assignee of Mortgagee USSET, WEINGARDEN AND LIEBO, P.L.L.P. Attorneys for Mortgagee/Assignee of Mortgagee 4500 Park Glen Road #300 Minneapolis, MN 55416 (952) 925-6888 19 - 13-002020 FC THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. (Oakdale-Lake Elmo Review: Jan. 8, 15, 22, 29, Feb. 5, 12, 2014)


STATE OF MINNESOTA COUNTY OF WASHINGTON DISTRICT COURT TENTH JUDICIAL DISTRICT CASE TYPE: MORTGAGE FORECLOSURE File No: 82-CV-13-4238 Judge Gregory G. Galler NOTICE OF SHERIFF SALE PURSUANT TO JUDGMENT WELLS FARGO BANK, N.A., Plaintiff, vs. EUNICE W. CHEGE, JOHN DOE AND MARY ROE, Defendants. NOTICE IS HEREBY GIVEN that by virtue of the Amended Findings of Fact, Conclusions of Law, Order for Default Judgment and Judgment entered in the above entitled matter, whereby it is adjudged, among other things, that there is due to the Plaintiff the sum of ONE HUNDRED FIFTY-SEVEN THOUSAND FIVE HUNDRED SIXTY-TWO and 74/100 ($157,562.74) Dollars with interest from and after October 26, 2013, and that the land therein described be sold to satisfy the same, with costs and expenses of such sale, a certified transcript of which judgment has been delivered to me by the Court, I, the undersigned Sheriff of Washington, Minnesota will offer and expose for sale at public auction to the highest bidder on the 5th day of March, 2014 at 10:00 A.M. in the lobby of the Washington County Sheriff Law Enforcement Center, 15015 62nd Street North, Stillwater, Minnesota, the land described and directed to be sold in said judgment lying and being in the County of Washington, State of Minnesota, to wit: Unit No. 700C, Common Interest Community No. 93, Lodges at the Preserve, a Condominium, 14th Supplemental Condominium Plat. Property Address: 700 King Fisher Lane, Woodbury, MN 55125 Tax ID: 04.028.21.32.0177 or so much thereof as shall be necessary to satisfy said judgment, the interest thereon, and the costs and expenses of such sale; subject to redemption within six (6) months from the date of confirmation of said sale by the Court herein. Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on September 15, 2014. “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: 12-30-13 WASHINGTON COUNTY SHERIFF By: /s/ Miguel Tellez Deputy Dated: December 24, 2013 SCHILLER & ADAM, P.A. By: /s/ Sarah J.B. Adam Attorney for Plaintiff 25 No. Dale St. Academy Professional Building Saint Paul, MN 55102-2227 (651) 209-9770 Attorney Reg. No. 332021 (13-3566) (Oakdale-Lake Elmo Review: Jan. 8, 15, 22, 29, Feb. 5, 12, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: September 25, 2008 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $268,000.00 MORTGAGOR(S): Michael J. Falteisek And Tara L. Falteisek, husband and wife MORTGAGEE: Wells Fargo Bank, N.A. DATE AND PLACE OF FILING: Recorded on October 22, 2008 as Document Number 3712248 in the Office of the County Recorder of Washington County, Minnesota. ASSIGNMENTS OF MORTGAGE: Assigned to: None. LEGAL DESCRIPTION OF PROPERTY: Lot 19, Block 2, Woodbury Pines First Addition, Washington County, Minnesota STREET ADDRESS OF PROPERTY: 7891 SOMERSET COURT, WOODBURY, MN 55125-2333 COUNTY IN WHICH PROPERTY IS LOCATED: Washington County, Minnesota THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $270,388.51 THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: March 5, 2014 at 10:00 AM PLACE OF SALE: Washington County Sheriff’s office, Washington County Law Enforcement Center, 15015 62nd Street North, Stillwater, Minnesota to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale. Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on September 5, 2014. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: MICHAEL J. FALTEISEK AND TARA L. FALTEISEK “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: January 3, 2014 WELLS FARGO BANK, N.A. Mortgagee SCHILLER & ADAM, P.A. By: /s/ Rebecca F. Schiller, Esq. Sarah J.B. Adam, Esq. N. Kibongni Fondungallah, Esq. *James J. Pauly, Esq.* Curt N. Trisko, Esq. Jeffrey D. Klobucar, Esq. Attorneys for Mortgagee The Academy Professional Building 25 North Dale Street St. Paul, MN 55102 (651) 209-9760 (13-3808-FC01) THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. NOTICE OF MORTGAGE FORECLOSURE SALE FORECLOSURE DATA Minn. Stat. § 580.025 (1) Street Address, City and Zip Code of Mortgaged Premises 7891 SOMERSET COURT WOODBURY, MN 55125-2333 (2) Transaction Agent None (3) Name of Mortgage Originator (Lender) Wells Fargo Bank, N.A. (4) Residential Servicer Wells Fargo Bank, N.A. (5) Tax Parcel Identification Number 08.028.21.11.0034 (6) Transaction Agent’s Mortgage ID Number (MERS number) None (Oakdale-Lake Elmo Review: Jan. 8, 15, 22, 29, Feb. 5, 12, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: September 21, 2007 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $219,700.00 MORTGAGOR(S): Alyson J. Hannah And Ronald E. Hannah, wife and husband MORTGAGEE: Mortgage Electronic Registration Systems, Inc., a Delaware corporation as nominee for American Mortgage Network, Inc., a Delaware corporation DATE AND PLACE OF FILING: Recorded on October 8, 2007 as Document Number 3664799 in the Office of the County Recorder of Washington County, Minnesota. ASSIGNMENTS OF MORTGAGE: Assigned to: Federal National Mortgage Association by assignment recorded on July 31, 2013 as Document Number 3957820 in the Office of the County Recorder of Washington County, Minnesota. LEGAL DESCRIPTION OF PROPERTY: Lot 26, Block 3, Thompson Grove Estates 11th Addition. STREET ADDRESS OF PROPERTY: 8661 IRONWOOD AVE S, COTTAGE GROVE, MN 55016 COUNTY IN WHICH PROPERTY IS LOCATED: Washington County, Minnesota THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $222,361.17 THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: February 25, 2014 at 10:00 AM PLACE OF SALE: Washington County Sheriff’s office, Washington County Law Enforcement Center, 15015 62nd Street North, Stillwater, Minnesota to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale. Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on August 25, 2014. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: January 3, 2014 FEDERAL NATIONAL MORTGAGE ASSOCIATION Mortgagee SCHILLER & ADAM, P.A. By: /s/ Rebecca F. Schiller, Esq. Sarah J.B. Adam, Esq. N. Kibongni Fondungallah, Esq. James J. Pauly, Esq. Curt N. Trisko, Esq. Jeffrey D. Klobucar, Esq. Attorneys for Mortgagee The Academy Professional Building 25 North Dale Street St. Paul, MN 55102 (651) 209-9760 (13-3935-FC01) THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. NOTICE OF MORTGAGE FORECLOSURE SALE FORECLOSURE DATA Minn. Stat. § 580.025 (1) Street Address, City and Zip Code of Mortgaged Premises 8661 IRONWOOD AVE S COTTAGE GROVE, MN 55016 (2) Transaction Agent Mortgage Electronic Registration Systems, Inc., a Delaware corporation (3) Name of Mortgage Originator (Lender) American Mortgage Network, Inc., a Delaware corporation (4) Residential Servicer Seterus, Inc. (5) Tax Parcel Identification Number 16.027.21.42.0044 (6) Transaction Agent’s Mortgage ID Number (MERS number) 100131022700194073 (Oakdale-Lake Elmo Review: Jan. 8, 15, 22, 29, Feb. 5, 12, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: November 15, 2006 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $143,500.00 MORTGAGOR(S): Miguel O. Rodriguez, a married man MORTGAGEE: Mortgage Electronic Registration Systems, Inc., a Delaware Corporation as nominee for Minnesota Home Mortgage Corporation, a Minnesota Corporation DATE AND PLACE OF FILING: Recorded on January 23, 2007 as Document Number 3626383 in the Office of the County Recorder of Washington County, Minnesota. ASSIGNMENTS OF MORTGAGE: Assigned to: Wells Fargo Bank, N.A. by assignment recorded on January 23, 2007 as Document Number 3626384 in the Office of the County Recorder of Washington County, Minnesota. LEGAL DESCRIPTION OF PROPERTY: Unit No. 1605, Condominium No. 44, Oakdale Condominium, Washington County, Minnesota STREET ADDRESS OF PROPERTY: 1605 HELMO AVENUE NORTH, OAKDALE, MN 55128-5534 COUNTY IN WHICH PROPERTY IS LOCATED: Washington County, Minnesota THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $135,200.69 THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: March 5, 2014 at 10:00 AM PLACE OF SALE: Washington County Sheriff’s office, Washington County Law Enforcement Center, 15015 62nd Street North, Stillwater, Minnesota to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale. Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on September 5, 2014. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: NONE “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: January 3, 2014 WELLS FARGO BANK, N.A. Mortgagee SCHILLER & ADAM, P.A. By: /s/ Rebecca F. Schiller, Esq. Sarah J.B. Adam, Esq. N. Kibongni Fondungallah, Esq. *James J. Pauly, Esq.* Curt N. Trisko, Esq. Jeffrey D. Klobucar, Esq. Attorneys for Mortgagee The Academy Professional Building 25 North Dale Street St. Paul, MN 55102 (651) 209-9760 (13-5605-FC01) THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. NOTICE OF MORTGAGE FORECLOSURE SALE FORECLOSURE DATA Minn. Stat. § 580.025 (1) Street Address, City and Zip Code of Mortgaged Premises 1605 HELMO AVENUE NORTH OAKDALE, MN 55128-5534 (2) Transaction Agent Mortgage Electronic Registration Systems, Inc., a Delaware Corporation (3) Name of Mortgage Originator (Lender) Minnesota Home Mortgage Corporation, a Minnesota Corporation (4) Residential Servicer Wells Fargo Bank, N.A. (5) Tax Parcel Identification Number 29.029.21.24.0065 (6) Transaction Agent’s Mortgage ID Number (MERS number) 1003822-0070411079-2 (Oakdale-Lake Elmo Review: Jan. 8, 15, 22, 29, Feb. 5, 12, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN, that default has occurred in conditions of the following described mortgage: DATE OF MORTGAGE: March 25, 2005 MORTGAGOR: Anthony O. Dewaele and Joan M. Dewaele, husband and wife. MORTGAGEE: Mortgage Electronic Registration Systems, Inc., as nominee for Prime Mortgage Corporation. DATE AND PLACE OF RECORDING: Recorded April 25, 2005 Washington County Recorder, Document No. 3511127. ASSIGNMENTS OF MORTGAGE: Assigned to: U.S Bank National Association. Dated October 15, 2012 Recorded October 31, 2012, as Document No. 3914571. TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc. TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: 100103210000092675 LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Prime Mortgage Corporation RESIDENTIAL MORTGAGE SERVICER: U.S. Bank Home Mortgage, a division of U.S. Bank National Association MORTGAGED PROPERTY ADDRESS: 893 Hadley Lane North, Oakdale, MN 55128 TAX PARCEL I.D. #: 3102921110101 LEGAL DESCRIPTION OF PROPERTY: Lot 4, Block 34, Tanners Lake Heights Plat No. 6, according to the recorded plat thereof, and situate in Washington County, Minnesota COUNTY IN WHICH PROPERTY IS LOCATED: Washington ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $213,300.00 AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $215,222.41 That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof; PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: March 12, 2014 at 10:00 AM PLACE OF SALE: Sheriff's Office, Law Enforcement Center, 15015 62nd Street North, Stillwater, MN to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys' fees allowed by law subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. §580.07. TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on September 12, 2014, unless that date falls on a weekend or legal holiday, in which case it is the next weekday, and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None "THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED." Dated: January 2, 2014 U.S. Bank National Association Mortgagee/Assignee of Mortgagee USSET, WEINGARDEN AND LIEBO, P.L.L.P. Attorneys for Mortgagee/Assignee of Mortgagee 4500 Park Glen Road #300 Minneapolis, MN 55416 (952) 925-6888 19 - 13-002438 FC THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. (Oakdale-Lake Elmo Review: Jan. 22, 29, Feb. 5, 12, 19, 26, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: January 26, 2007 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $141,389.00 MORTGAGOR(S): Theresa J. Miller, a single person MORTGAGEE: Homeservices Lending, LLC Series A DBA Edina Realty Mortgage, a Delaware Limited Liability Company DATE AND PLACE OF FILING: Recorded on February 6, 2007 as Document Number 3628696 in the Office of the County Recorder of Washington County, Minnesota. ASSIGNMENTS OF MORTGAGE: Assigned to: Wells Fargo Bank, N.A. by assignment recorded on January 23, 2008 as Document Number 3677643 in the Office of the County Recorder of Washington County, Minnesota. LEGAL DESCRIPTION OF PROPERTY: UNIT NO. 179, CIC NO. 261, TWENTY-EIGHTH SUPPLEMENT, WATERS EDGE VILLAGE HOMES STREET ADDRESS OF PROPERTY: 5034-7 Evergreen Dr. N, Hugo, MN 55038 COUNTY IN WHICH PROPERTY IS LOCATED: Washington County, Minnesota THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $148,796.00 THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: March 11, 2014 at 10:00 am PLACE OF SALE: Washington County Sheriff’s office, Washington County Law Enforcement Center, 15015 62nd Street North, Stillwater, Minnesota to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale. Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on September 11, 2014. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: NONE “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: January 13, 2014 WELLS FARGO BANK, N.A. Mortgagee SCHILLER & ADAM, P.A. By: /s/ Rebecca F. Schiller, Esq. Sarah J.B. Adam, Esq. N. Kibongni Fondungallah, Esq. *James J. Pauly, Esq. Curt N. Trisko, Esq. Jeffrey D. Klobucar, Esq. Attorneys for Mortgagee The Academy Professional Building 25 North Dale Street St. Paul, MN 55102 (651) 209-9760 (13-4451-FC01) THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. NOTICE OF MORTGAGE FORECLOSURE SALE FORECLOSURE DATA Minn. Stat. § 580.025 (1) Street Address, City and Zip Code of Mortgaged Premises 5034-7 Evergreen Dr. N Hugo, MN 55038 (2) Transaction Agent None (3) Name of Mortgage Originator (Lender) Homeservices Lending, LLC Series A DBA Edina Realty Mortgage, a Delaware Limited Liability Company (4) Residential Servicer Wells Fargo Bank, N.A. (5) Tax Parcel Identification Number 18.031.21.40.0203 (6) Transaction Agent’s Mortgage ID Number (MERS number) None (Oakdale-Lake Elmo Review: Jan. 22, 29, Feb. 5, 12, 19, 26, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of that certain mortgage, dated the 22nd day of June, 2010, executed by Bernard W. Nass and Loella M. Nass a/k/a Loella N. Nass, husband and wife, as mortgagors, to Tenten Properties, LLC, as mortgagee, filed for record in the office of the County Recorder in and for the County of Washington, and State of Minnesota, on the 2nd day of July, 2010, at 9:01 o'clock a.m., as Document No. 3797194; That no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all notice provisions and conditions precedent as required by law; and that the mortgagee or assignee has elected to declare the entire sum secured by the note and mortgage to be immediately due and payable as provided in the note and mortgage; That the original or maximum principal amount secured by the mortgage was One Hundred Ten Thousand and No/100 Dollars ($110,000.00); That there is due and claimed to be due on the mortgage, including interest to date hereof, the sum of One Hundred Sixty Seven Thousand Forty-three and 87/100 Dollars ($167,043.87); And that pursuant to the power of sale therein contained, said mortgage will be foreclosed and the tracts of land lying and being in the County of Washington, State of Minnesota, described as follows, towit: Parcel A: All that part of the NW 1/4 of the NW 1/4 of Section 6, Township 29, Range 20 West, that lies Southerly and Westerly of the Southerly right of way line of Minnesota Trunk Highway No. 36 and Northerly and Westerly of the following described line: Beginning at a point on the West line of said NW 1/4 that is 923.00 feet, as measured along said West line, Southerly of the Northwest corner of said Section 6; thence Northeasterly by a deflection angle to the right of 73º for a distance of 336.41 feet; thence Southerly, parallel to the West line of said NW 1/4, for a distance of 148.5 feet; thence Easterly, parallel to the North line of said NW 1/4 for a distance of 784.70 feet more or less to the East line of said NW 1/4 of NW 1/4 and there terminating, Washington County, Minnesota. Parcel B: All that part of the Southwest 1/4 of the Northwest 1/4 and of the Northwest 1/4 of the Northwest 1/4 of Section 6, Township 29, Range 20 that lies Northerly of the following described line: Commencing at the Southwest corner of the Northwest 1/4 of said Section 6, thence North 1 degree 14 minutes 50 seconds East, along the West line of said Northwest 1/4, for 969.67 feet to the point of beginning of the line to be described; thence South 87 degrees 25 minutes 34 seconds East for 1120.72 feet and there terminating except the North 1236.51 feet thereof and also excepting therefrom all that portion of the Southwest 1/4 of the Northwest 1/4 of said Section 6, lying West of the Town Road (also known as Manning Avenue North) as it now traverses said Section 6, according to the United States Government Survey thereof and situate in Washington County, Minnesota; The real property’s street address is: 5651 Manning Ave. N., Stillwater, MN 55082; The real property’s identification numbers are: 06-029-20-22-0001 and 06-029-20-23-001; Transaction agent: Tenten Properties, LLC; Transaction agent’s Mortgage identification number: Not applicable; Mortgage originator: Tenten Properties, LLC; will be sold by the sheriff of said county at public auction on the 19th day of March, 2014, at 10:00 o'clock a.m., in the Lobby of the Washington County Sheriff’s Office, 15015 62nd Street North, in the City of Stillwater in said county and state, to pay the debt then secured by said mortgage on said premises and the costs and disbursements allowed by law, subject to redemption by the mortgagors, their personal representative or assigns within twelve months from date of sale. TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under Section 580.30 or the property is not redeemed under Section 580.23 is 11:59 p.m. on March 19, 2015. "THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED." THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. Tenten Properties, LLC, Mortgagee Dated this 17th day of January, 2014. Daniel A. Beckman #192089 GISLASON & HUNTER LLP Attorneys for Mortgagee 701 Xenia Avenue South, Suite 500 Minneapolis, MN 55416 Phone: (763) 225-6000 Fax: (763) 225-6099 (Oakdale-Lake Elmo Review: Jan. 22, 29, Feb. 5, 12, 19, 26, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: May 27, 2008 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $180,474.00 MORTGAGOR(S): Jeffrey Nicol, a single person MORTGAGEE: Homeservices Lending, LLC Series A DBA Edina Realty Mortgage, a Delaware Limited Liability Company DATE AND PLACE OF FILING: Recorded on June 10, 2008 as Document Number 3695935 in the Office of the County Recorder of Washington County, Minnesota. ASSIGNMENTS OF MORTGAGE: Assigned to: Wells Fargo Bank, N.A. by assignment recorded on June 10, 2008 as Document Number 3695936; as corrected by Document No. 3943499 recorded on May 1, 2013 in the Office of the County Recorder of Washington County, Minnesota. LEGAL DESCRIPTION OF PROPERTY: Lot 4, Block 2, Westphal`s Addition, Washington County, Minnesota STREET ADDRESS OF PROPERTY: 2935 HELENA AVE NO, OAKDALE, MN 55128-4003 COUNTY IN WHICH PROPERTY IS LOCATED: Washington County, Minnesota THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $195,047.57 THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: March 11, 2014 at 10:00 am PLACE OF SALE: Washington County Sheriff’s office, Washington County Law Enforcement Center, 15015 62nd Street North, Stillwater, Minnesota to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale. Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on September 11, 2014. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: January 17, 2014 WELLS FARGO BANK, N.A. Mortgagee SCHILLER & ADAM, P.A. By: /s/ Rebecca F. Schiller, Esq. Sarah J.B. Adam, Esq. N. Kibongni Fondungallah, Esq. *James J. Pauly, Esq. Curt N. Trisko, Esq. Jeffrey D. Klobucar, Esq. Attorneys for Mortgagee The Academy Professional Building 25 North Dale Street St. Paul, MN 55102 (651) 209-9760 (14-0019-FC01) THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. NOTICE OF MORTGAGE FORECLOSURE SALE FORECLOSURE DATA Minn. Stat. § 580.025 (1) Street Address, City and Zip Code of Mortgaged Premises 2935 HELENA AVE NO OAKDALE, MN 55128-4003 (2) Transaction Agent None (3) Name of Mortgage Originator (Lender) Homeservices Lending, LLC Series A DBA Edina Realty Mortgage, a Delaware Limited Liability Company (4) Residential Servicer Wells Fargo Bank, N.A. (5) Tax Parcel Identification Number 20.029.21.21.0044 (6) Transaction Agent’s Mortgage ID Number (MERS number) None (Oakdale-Lake Elmo Review: Jan. 22, 29, Feb. 5, 12, 19, 26, 2014)


STATE OF MINNESOTA COUNTY OF WASHINGTON DISTRICT COURT TENTH JUDICIAL DISTRICT Case Type: Mortgage Foreclosure Court File No. 82-CV-12-5621 The Honorable Richard C. Ilkka NOTICE OF SHERIFF'S SALE UNDER JUDGMENT AND DECREE Premier Bank, a Minnesota corporation, Plaintiff, vs. Kenneth A. Richard, an individual, Colleen K. Richard, an individual and John Does 1 through 10, Defendants. DATE: January 7, 2014 YOU ARE NOTIFIED, that pursuant to the Judgment and decree of foreclosure ("Judgment") entered in the above-entitled action on May 15, 2013, a certified copy of which has been delivered to the Washington County Sheriff, directing the sale of the Mortgaged Premises, hereinafter described, to satisfy the amount found and adjudged due to Plaintiff under the First Loan (as defined in the Judgment) in the above-titled action from Defendant Kenneth A. Richard, as prescribed in said Judgment, together with the costs and expenses of the sale, the undersigned Sheriff of Washington County will sell the Mortgaged Premises described below at public auction to the highest bidder for cash on March 5, 2014, at 10:00 a.m., at the Washington County Sheriff's Office - Civil Division, 15015 62nd Street North, Stillwater, Minnesota 55082. INFORMATION REGARDING MORTGAGE TO BE FORECLOSED 1. Date of Mortgage: January 31, 2005 2. Mortgagors: Kenneth A. Richard and Colleen K. Richard, husband and wife 3. Mortgagee: Premier Bank, a Minnesota corporation 4. Recording Information: Recorded March 22, 2005 in the Office of the County Recorder of Washington County, Minnesota as Document No. 3504349 5. Assignments of Mortgage, if any: None. INFORMATION REGARDING MORTGAGED PREMISES 6. Tax parcel identification numbers of the Mortgaged Premises: 0 8 . 0 3 0 . 2 1 . 3 2 . 0 0 0 9 ; 08.030.21.32.0010 7. Legal description of the Mortgaged Premises: Lots 10 and 11, Rearrangement at Pine Tree Estates, Washington County, Minnesota, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters. 8. The physical street address, city and zip code of the Mortgaged Premises: Unassigned; 10408 Hadley Circle North, White Bear Lake, Minnesota 55110 OTHER FORECLOSURE DATA 9. The person holding the Mortgage is not a transaction agent, as defined by Minn. Stat. 58.02, subd. 30. INFORMATION REGARDING FORECLOSURE SALE 10. The original principal amount secured by the Mortgage was $175,000.00. 11. Pursuant to the Judgment entered in the above-entitled action on May 15, 2013, the amount adjudged to be due to Plaintiff and secured by the Mortgage was, as of March 8, 2013, $228,732.33, with interest accruing thereon at the per diem rate of $29.463546666. 12. The sale will be held on March 5, 2014, at 10:00 a.m., at the Washington County Sheriff's Office - Civil Division, 15015 62nd Street North, Stillwater, Minnesota 55082. 13. The time allowed by law for redemption by Mortgagor or Mortgagor's personal representatives or assigns is six (6) months after the date the court confirms the sale. 14. THE TIME ALLOWED BY LAW FOR REDEMPTION BY MORTGAGOR, MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED. 15. Colleen K. Richard, one of the mortgagors, has been discharged from personal financial obligation on the Mortgage as a result of her bankruptcy filing and discharge in her bankruptcy proceeding. By: /s/ Bradley Marquardt Sheriff of Washington County William M. Hutton Deputy Sheriff Bradley Marquardt LEONARD, O'BRIEN SPENCER, GALE & SAYRE, LTD. By: /s/ Peter J. Sajevic, III Peter J. Sajevic, III, #279237 Attorney for Premier Bank 100 South Fifth Street, Suite 2500 Minneapolis, MN 55402 (612) 332-1030 (Oakdale-Lake Elmo Review: Jan. 22, 29, Feb. 5, 12, 19, 26, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: April 29, 2005 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $138,700.00 MORTGAGOR(S): Laura Ankney And Ryan Ankney, wife and husband MORTGAGEE: Wells Fargo Bank, N.A. DATE AND PLACE OF FILING: Recorded on December 30, 2005 as Document Number 3561479 in the Office of the County Recorder of Washington County, Minnesota. ASSIGNMENTS OF MORTGAGE: Assigned to: HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset- Backed Securities 2005-1 Trust, Home Equity Asset-Backed Certificates, Series 2005-1 by assignment recorded on November 7, 2013 as Document Number 3970884 in the Office of the County Recorder of Washington County, Minnesota. LEGAL DESCRIPTION OF PROPERTY: Lot 31, Block 2, Forest Lake Preserve, Common Interest Community Number 186, Washington County, Minnesota STREET ADDRESS OF PROPERTY: 6365 208TH STREET CIRCLE, FOREST LAKE, MN 55025-8035 COUNTY IN WHICH PROPERTY IS LOCATED: Washington County, Minnesota THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $124,124.37 THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: March 18, 2014 at 10:00 am PLACE OF SALE: Washington County Sheriff’s office, Washington County Law Enforcement Center, 15015 62nd Street North, Stillwater, Minnesota to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale. Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on September 18, 2014. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: NONE “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: January 22, 2014 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO HOME EQUITY ASSET-BACKED SECURITIES 2005-1 TRUST, HOME EQUITY ASSET-BACKED CERTIFICATES, SERIES 2005-1 Mortgagee SCHILLER & ADAM, P.A. By: /s/ Rebecca F. Schiller, Esq. Sarah J.B. Adam, Esq. N. Kibongni Fondungallah, Esq. James J. Pauly, Esq. Curt N. Trisko, Esq. Jeffrey D. Klobucar, Esq. Attorneys for Mortgagee The Academy Professional Building 25 North Dale Street St. Paul, MN 55102 (651) 209-9760 (14-0017-FC01) THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. NOTICE OF MORTGAGE FORECLOSURE SALE FORECLOSURE DATA Minn. Stat. § 580.025 (1) Street Address, City and Zip Code of Mortgaged Premises 6365 208TH STREET CIRCLE FOREST LAKE, MN 55025-8035 (2) Transaction Agent None (3) Name of Mortgage Originator (Lender) Wells Fargo Bank, N.A. (4) Residential Servicer Wells Fargo Bank, N.A. (5) Tax Parcel Identification Number 21.032.21.22.0066 (6) Transaction Agent’s Mortgage ID Number (MERS number) None (Oakdale-Lake Elmo Review: Jan. 29, Feb. 5, 12, 19, 26, Mar. 5, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of the following described mortgage: Mortgagor: Wayne Kemper and Jane E. Kemper, husband and wife. Mortgagee: Bank of America, National Association Dated: 01/07/2011 Recorded: 08/05/2011 Washington County Recorder Document No. 3849962 Assigned To: Green Tree Servicing LLC Dated: 06/18/2013 Recorded: 07/02/2013 Washington County Recorder Document No. 3953275 Transaction Agent: N/A Transaction Agent Mortgage ID No: N/A Lender or Broker: Bank of America, National Association Servicer: Green Tree Servicing LLC Mortgage Originator: Bank of America, National Association LEGAL DESCRIPTION OF PROPERTY: Lot 7, Block 1, Mississippi Dunes Estates Second Addition, Washington County, Minnesota. This is Abstract Property. TAX PARCEL NO.: 19.027.21.41.0048 ADDRESS OF PROPERTY: 9541 Dunes Ave Cottage Grove, MN 55016 COUNTY IN WHICH PROPERTY IS LOCATED: Washington ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: 388,700.00 AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: 421,312.69 That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; that no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof; PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: March 21, 2014, 10:00 AM PLACE OF SALE: Law Enforcement Center, 15015 62nd Street N., City of Stillwater to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys' fees allowed by law subject to redemption within 6 Months from the date of said sale by the mortgagor(s), their personal representatives or assigns. DATE TO VACATE PROPERTY: The date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under Minnesota Statutes section 580.30 or the property redeemed under Minnesota Statutes section 580.23 is September 21, 2014 at 11:59 p.m. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate is the next business day at 11:59 p.m. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: NONE THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED. Dated: January 20, 2014 Green Tree Servicing LLC, Assignee of Mortgagee PETERSON, FRAM & BERGMAN, P.A. By: Michael T. Oberle, Ben I. Rust, Jonathan R. Cuskey, Michael V. Schleisman, Tracy J. Halliday Attorneys for: Green Tree Servicing LLC, Assignee of Mortgagee 55 East Fifth Street, Suite 800 St. Paul, MN 55101-1718 651-209-7599 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. 17308-13-01483-2 (Oakdale-Lake Elmo Review: Jan. 29, Feb. 5, 12, 19, 26, Mar. 5, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN, that default has occurred in conditions of the following described mortgage: DATE OF MORTGAGE: January 5, 2010 MORTGAGOR: Joseph M Maddalena and Lisa K Maddalena, husband and wife. MORTGAGEE: Mortgage Electronic Registration Systems Inc., as nominee for U.S. Bank N.A. its successors and assigns . DATE AND PLACE OF RECORDING: Recorded March 22, 2010 Washington County Recorder, Document No. 3784295. ASSIGNMENTS OF MORTGAGE: Assigned to: U.S. Bank National Association. Dated August 15, 2013 Recorded August 23, 2013, as Document No. 3961233. TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc. TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: 100021200000331743 LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: U.S. Bank N.A. RESIDENTIAL MORTGAGE SERVICER: U.S. Bank Home Mortgage, a division of U.S. Bank National Association MORTGAGED PROPERTY ADDRESS: 633 Mahtomedi Avenue, Mahtomedi, MN 55115 TAX PARCEL I.D. #: 29.030.21.21.0015 LEGAL DESCRIPTION OF PROPERTY: Lot 1, Bellovista, together with part of the vacated alley accruing thereto by reason of the vacation thereof, Washington County, Minnesota. COUNTY IN WHICH PROPERTY IS LOCATED: Washington ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $159,100.00 AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $158,876.69 That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof; PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: March 19, 2014 at 10:00 AM PLACE OF SALE: Sheriff's Office, Law Enforcement Center, 15015 62nd Street North, Stillwater, MN to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys' fees allowed by law subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. §580.07. TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on September 19, 2014, unless that date falls on a weekend or legal holiday, in which case it is the next weekday, and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE:None "THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED." Dated: January 9, 2014 U.S. Bank National Association Mortgagee/Assignee of Mortgagee USSET, WEINGARDEN AND LIEBO, P.L.L.P. Attorneys for Mortgagee/Assignee of Mortgagee 4500 Park Glen Road #300 Minneapolis, MN 55416 (952) 925-6888 19 - 13-008637 FC THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. (Oakdale-Lake Elmo Review: Jan. 29, Feb. 5, 12, 19, 26, Mar. 5, 2014)


STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT CASE TYPE: OTHER CIVIL File No.: 82-CV-11-2101 The Honorable Gregory G. Galler NOTICE OF SHERIFF SALE PURSUANT TO STIPULATION FOR ENTRY OF JUDGMENT IN FAVOR OF TMST HOME LOANS, INC. AND ORDER FOR JUDGMENT JAY NOVAK AND JENNIFER NOVAK, Plaintiffs, vs. WALTER N. JUNGBAUER, SR. AND AMY O. JUNGBAUER, HIGH POINT COMMUNICATIONS, LLC, A KANSAS LIMITED LIABILITY COMPANY AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendants. TMST HOME LOANS, INC., Intervener. NOTICE IS HEREBY GIVEN that by virtue of the Stipulation for Entry of Judgment in Favor of TMST Home Loans, Inc. and Order for Judgment entered in the above entitled matter, whereby it is adjudged, among other things, that there is due to the Plaintiff the sum of SEVEN HUNDRED TWENTY-SIX THOUSAND SEVEN HUNDRED FORTY-SEVEN and 68/100 ($726,747.68) Dollars with interest from and after December 4, 2013, and that the land therein described be sold to satisfy the same, with costs and expenses of such sale, a certified transcript of which judgment has been delivered to me by the Court, I, the undersigned Sheriff of Washington, Minnesota will offer and expose for sale at public auction to the highest bidder on the 9th day of April, 2014 at 10:00 A.M. in the lobby of the Washington County Sheriff Law Enforcement Center, 15015 62nd Street North, Stillwater, Minnesota, the land described and directed to be sold in said judgment lying and being in the County of Washington, State of Minnesota, to wit: Lot 1, Block 5, Meadow Ridge Estates. Property Address: 16 High Point Road, White Bear Lake, MN 55110 Tax ID: 05.030.21.31.0012 or so much thereof as shall be necessary to satisfy said judgment, the interest thereon, and the costs and expenses of such sale; subject to redemption within six (6) months from the date of confirmation of said sale by the Court herein. Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on, October 27, 2014. “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: 1-22-14 WASHINGTON COUNTY SHERIFF By: /s/ Bradley R. Marquardt Deputy Dated: January 17, 2014 SCHILLER & ADAM, P.A. By: /s/ Sarah J.B. Adam Attorney for Plaintiff 25 No. Dale St. Academy Professional Building Saint Paul, MN 55102-2227 (651) 209-9770 Attorney Reg. No. 332021 (BL1755) (Oakdale-Lake Elmo Review: Jan. 29, Feb. 5, 12, 19, 26, Mar. 5, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: February 9, 2009 MORTGAGOR: Charlene T. Roach, a single person MORTGAGEE: Affinity Plus Federal Credit Union, a credit union organized under the laws of the United States of America DATE AND PLACE OF RECORDING: Recorded July 1, 2009, in the office of the County Recorder, as Document No. 3747742, Washington County, Minnesota. MORTGAGED PROPERTY ADDRESS: 6640 Pinecrest Trail South, Cottage Grove, Minnesota 55016 TAX PARCEL I.D. NO. 05.027.21.34.0255 LEGAL DESCRIPTION OF PROPERTY: Unit Number 2102, Pine Arbor Lodges, CIC No. 228, Washington County, Minnesota. COUNTY IN WHICH PROPERTY IS LOCATED: Washington ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $136,000.00 AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $141,934.97 INTEREST RATE AND PER DIEM: Current interest rate is 6.125%, with a daily per diem of $21.72. That prior to commencement of this mortgage foreclosure proceeding Mortgagee complied with all notice requirements by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage or any part thereof; PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: March 18, 2014, at 10:00 am. PLACE OF SALE: Washington County Sheriff's Office, Law Enforcement Center, 15015 62nd Street North, Stillwater, Minnesota 55082, to pay the debt then secured by said Mortgage, taxes, if any, on said premises, and the costs and disbursements, including attorneys’ fees allowed by law subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns. DATE AND TIME MORTGAGOR MUST VACATE THE PREMISES: September 18, 2014, at 11:59 p.m. “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE (5) WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: January 21, 2014 MESSERLI & KRAMER P.A. By: /s/ Creig Andreasen Creig Andreasen (Lic. #334832) 1400 Fifth Street Towers 100 South Fifth Street Minneapolis, MN 55402-1217 (612) 672-3600 Attorney in Fact for Affinity Plus Federal Credit Union IMPORTANT NOTICE This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. (Oakdale-Lake Elmo Review: Jan. 29, Feb. 5, 12, 19, 26, Mar. 5, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN that default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: April 21, 2004 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $75,000.00 MORTGAGOR(S): William Bedell and Beth L. Holsen MORTGAGEE: Landmark Community Bank, N.A. DATE AND PLACE OF RECORDING: Recorded in the office of the County Recorder in and for the County of Washington, State of Minnesota, on the 24th day of May, 2004, as Document No. 3442427. LEGAL DESCRIPTION OF PROPERTY: Lot 9 and the West 1/2 of Lot 10, Oak Grove, except the South 80 feet of said Lots PROPERTY ADDRESS: 46 Neptune Street, Mahtomedi, Minnesota 55115 COUNTY IN WHICH PROPERTY IS LOCATED: Washington AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $76,612.88 THAT there has been compliance with all pre-foreclosure requirements; that no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof; THAT pursuant to the power of sale contained in said mortgage, the above-described property will be sold by the Sheriff of Washington County as follows: DATE AND TIME OF SALE: March 26, 2014, at 10:00 a.m. PLACE OF SALE: Washington County Sheriff's Office, 15015 62nd Street North, Stillwater, Minnesota to pay the debt secured by said mortgage and taxes, if any, on said premises and the costs and disbursements, including attorneys' fees allowed by law subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns. The date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under section 580.30 or the property redeemed under section 580.23: September 26, 2014 at 11:59 p.m. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED. Dated: January 27, 2014 Landmark Community Bank, N.A. Mortgagee HOELSCHER LAW FIRM, PLLC By: /s/ Brian G. Hoelscher #0238752 Attorneys for Mortgagee 13100 Wayzata Boulevard Suite 100 Minnetonka, MN 55305 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. FORECLOSURE DATA Minn. Stat. Sec. 580.025 (1) the physical street address, city, and zip code of the mortgaged premises is 46 Neptune Street, Mahtomedi, Minnesota 55115; (2) the name of the transaction agent, residential mortgage servicer, and the lender or broker, as defined in section 58.02, if the person holding the mortgage is a transaction agent as defined in section 58.02, subdivision 30 are as follows: – not applicable; or the name of the residential mortgage servicer and the lender or broker, as defined in section 58.02, if the person holding the mortgage is not a transaction agent as defined in section 58.02, subdivision 30 are as follows: residential mortgage servicer – not applicable, lender or broker – Landmark Community Bank, N.A.; (3) the tax parcel identification number of the mortgaged premises is: 20.030.21.24.0050; (4) if stated on the mortgage, the transaction agent's mortgage identification number is: - not applicable; (5) if stated on the mortgage, the name of the residential mortgage originator as defined in section 58.02 is: Landmark Community Bank, N.A. (Oakdale-Lake Elmo Review: Feb. 5, 12, 19, 26, Mar. 5, 12, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of the following described mortgage: Mortgagor: Shelby Cook, a single person. Mortgagee: Mortgage Electronic Registration Systems, Inc. as nominee for Summit Mortgage Corporation Dated: 07/20/2009 Recorded: 08/13/2009 Washington County Recorder Document No. 3754768 Assigned To: Bank of America, National Association as successor by merger to BAC Home Loans Servicing, LP Dated: 02/13/2012 Recorded: 02/22/2012 Washington County Recorder Document No. 3875983 Transaction Agent: Mortgage Electronic Registration Systems, Inc. Transaction Agent Mortgage ID No: 100061907000110361 Lender or Broker: Summit Mortgage Corporation Servicer: Bank of America, N.A. Mortgage Originator: Summit Mortgage Corporation LEGAL DESCRIPTION OF PROPERTY: Lot 9, Block 1, Joseph T. Dixon 5th Addition, Washington County, Minnesota. This is Abstract Property. TAX PARCEL NO.: 18.027.21.23.0040 ADDRESS OF PROPERTY: 1736 Dixon Drive Saint Paul Park, MN 55071 COUNTY IN WHICH PROPERTY IS LOCATED: Washington ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: 84,265.00 AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: 100,349.97 That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; that no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof; PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: March 28, 2014, 10:00 AM PLACE OF SALE: Law Enforcement Center, 15015 62nd Street N., City of Stillwater to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys' fees allowed by law subject to redemption within 6 Months from the date of said sale by the mortgagor(s), their personal representatives or assigns. DATE TO VACATE PROPERTY: The date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under Minnesota Statutes section 580.30 or the property redeemed under Minnesota Statutes section 580.23 is September 28, 2014 at 11:59 p.m. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate is the next business day at 11:59 p.m. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: NONE THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED. Dated: January 28, 2014 Bank of America, National Association as successor by merger to BAC Home Loans Servicing, LP, Assignee of Mortgagee PETERSON, FRAM & BERGMAN, P.A. By: Michael T. Oberle, Ben I. Rust, Jonathan R. Cuskey, Michael V. Schleisman, Tracy J. Halliday Attorneys for: Bank of America, National Association as successor by merger to BAC Home Loans Servicing, LP, Assignee of Mortgagee 55 East Fifth Street, Suite 800 St. Paul, MN 55101-1718 651-209-7599 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. 16751-13-00359-3 (Oakdale-Lake Elmo Review: Feb. 5, 12, 19, 26, Mar. 5, 12, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: November 13, 2007 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $124,800.00 MORTGAGOR(S): Candace L. Gergen, unmarried MORTGAGEE: Mortgage Electronic Registration Systems, Inc., a Delaware Corporation as nominee for AFS Financial, Inc., a Rhode Island Corporation DATE AND PLACE OF FILING: Recorded on November 29, 2007 as Document Number 3671639 in the Office of the County Recorder of Washington County, Minnesota. ASSIGNMENTS OF MORTGAGE: Assigned to: Wells Fargo Bank, N.A. by assignment recorded on October 17, 2013 as Document Number 3968326 in the Office of the County Recorder of Washington County, Minnesota. LEGAL DESCRIPTION OF PROPERTY: Lot 1, Block 4, Strate`s Farm First Addition, Washington County, Minnesota STREET ADDRESS OF PROPERTY: 7832 DUNMORE RD, WOODBURY, MN 55125-1612 COUNTY IN WHICH PROPERTY IS LOCATED: Washington County, Minnesota THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $115,528.90 THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: March 25, 2014 at 10:00 am PLACE OF SALE: Washington County Sheriff’s office, Washington County Law Enforcement Center, 15015 62nd Street North, Stillwater, Minnesota to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale. Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on September 25, 2014. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: NONE “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: January 30, 2014 WELLS FARGO BANK, N.A. Mortgagee SCHILLER & ADAM, P.A. By: /s/ Rebecca F. Schiller, Esq. Sarah J.B. Adam, Esq. N. Kibongni Fondungallah, Esq. James J. Pauly, Esq. Curt N. Trisko, Esq. Jeffrey D. Klobucar, Esq. Attorneys for Mortgagee The Academy Professional Building 25 North Dale Street St. Paul, MN 55102 (651) 209-9760 (14-0144-FC01) THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. NOTICE OF MORTGAGE FORECLOSURE SALE FORECLOSURE DATA Minn. Stat. § 580.025 (1) Street Address, City and Zip Code of Mortgaged Premises 7832 DUNMORE RD WOODBURY, MN 55125-1612 (2) Transaction Agent Mortgage Electronic Registration Systems, Inc. (3) Name of Mortgage Originator (Lender) AFS Financial, Inc., a Rhode Island Corporation (4) Residential Servicer Wells Fargo Bank, N.A. (5) Tax Parcel Identification Number 17.028.21.11.0140 (6) Transaction Agent’s Mortgage ID Number (MERS number) 100049700010025399 (Oakdale-Lake Elmo Review: Feb. 5, 12, 19, 26, Mar. 5, 12, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: June 4, 2009 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $211,105.00 MORTGAGOR(S): Saramee Her And Choua Yang, wife and husband MORTGAGEE: Mortgage Electronic Registration Systems, Inc., a Delaware corporation, as nominee for Guaranteed Rate, Inc., a Delaware corporation DATE AND PLACE OF FILING: Recorded on June 25, 2009 and memorialized upon Certificate of Title No. 66055 as Document Number 1192425 in the Office of the County Registrar of Titles of Washington County, Minnesota. ASSIGNMENTS OF MORTGAGE: Assigned to: Wells Fargo Bank, N.A. by assignment recorded on May 18, 2012 as Document Number 1213530 in the Office of the County Registrar of Titles of Washington County, Minnesota. LEGAL DESCRIPTION OF PROPERTY: Lot Twenty-six, Block One, Brookview Place Second Addition, Washington County, Minnesota. REGISTERED PROPERTY STREET ADDRESS OF PROPERTY: 829 Moonlight Place, Woodbury, MN 55125 COUNTY IN WHICH PROPERTY IS LOCATED: Washington County, Minnesota THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $214,560.61 THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: January 14, 2014 at 10:00 AM PLACE OF SALE: Washington County Sheriff’s office, Washington County Law Enforcement Center, 15015 62nd Street North, Stillwater, Minnesota to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale. Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on July 14, 2014. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: Choua Yang and Saramee Her “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: November 18, 2013 WELLS FARGO BANK, N.A. Mortgagee SCHILLER & ADAM, P.A. By: /s/ Rebecca F. Schiller, Esq. Sarah J.B. Adam, Esq. N. Kibongni Fondungallah, Esq. *James J. Pauly, Esq. Curt N. Trisko, Esq. Jeffrey D. Klobucar, Esq. Attorneys for Mortgagee The Academy Professional Building 25 North Dale Street St. Paul, MN 55102 (651) 209-9760 (13-2007-FC02) THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. NOTICE OF MORTGAGE FORECLOSURE SALE FORECLOSURE DATA Minn. Stat. § 580.025 (1) Street Address, City and Zip Code of Mortgaged Premises 829 Moonlight Place Woodbury, MN 55125 (2) Transaction Agent Mortgage Electronic Registration Systems, Inc., a Delaware corporation (3) Name of Mortgage Originator (Lender) Guaranteed Rate, Inc., a Delaware corporation (4) Residential Servicer Wells Fargo Bank, N.A. (5) Tax Parcel Identification Number 03.028.21.43.0046 (6) Transaction Agent’s Mortgage ID Number (MERS number) 100196368002395112 (Oakdale-Lake Elmo Review: Nov. 27, Dec. 4, 11, 18, 25, 2013, Jan. 1, 2014) NOTICE OF POSTPONEMENT OF MORTGAGE FORECLOSURE SALE NOTICE IS HEREBY GIVEN, that the mortgage foreclosure sale referred to in the foregoing Notice of Mortgage Foreclosure Sale has been postponed from: January 14, 2014 at 10:00 AM to February 25, 2014 at 10:00 AM. Said sale will be held at the main office of the Washington County Sheriff, Washington County Law Enforcement Center, 15015 62nd Street North, in the City of Stillwater, County of Washington, State of Minnesota. Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on August 25, 2014. Dated: January 30, 2014 WELLS FARGO BANK, N.A. Mortgagee SCHILLER & ADAM, P.A. By: /s/ Rebecca F. Schiller, Esq. Sarah J.B. Adam, Esq. N. Kibongni Fondungallah, Esq. James J. Pauly, Esq. Curt N. Trisko, Esq. Jeffrey D. Klobucar, Esq. The Academy Professional Building 25 North Dale Street St. Paul, MN 55102 (651) 209-9760 (13-2007-FC02) (Oakdale-Lake Elmo Review: Feb. 5, 2014)


NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of the following described mortgage: Mortgagor: Kenneth K. Noyes and Catherine L. Noyes, husband and wife Mortgagee: Wilmington Finance, a division of AIG Federal Savings Bank Dated: 12/01/2004 Recorded: 12/30/2004 Washington County Recorder Document No. 3489627 Assigned To: Mortgage Electronic Registration Systems, Inc., its successors and assigns Dated: 12/07/2004 Recorded: 04/18/2006 Washington County Recorder Document No. 3579705 Assigned To: The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-2 Dated: 04/05/2011 Recorded: 04/08/2011 Washington County Recorder Document No. 3837337 Transaction Agent: N/A Transaction Agent Mortgage ID No: Lender or Broker: Wilmington Finance, a division of AIG Federal Savings Bank Servicer: Ocwen Loan Servicing, LLC - RR Mortgage Originator: Wilmington Finance, a division of AIG Federal Savings Bank LEGAL DESCRIPTION OF PROPERTY: That part of the Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4) of Section Nine (9), in Township Thirtytwo (32) North, of Range Twenty (20) West, Washington County, Minnesota, described as follows: Commencing at the northeast corner of said Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4) said corner being the intersection of straight lines run between opposite quarter corners (legal center of section); thence on an azimuth from north of 177 degrees 35 minutes 56 seconds, oriented to the Washington County Coordinate System, North Zone, along the east line of said Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4) (north-south quarter line of said Section Nine (9), a distance of Six Hundred Thirty-one and Thirty-seven Hundredths (631.37) feet to a point, said point being an the center line of Oakhill Road North as traveled on September 3, 1985; thence northwesterly along said center line a distance of One Hundred Two and Forty-seven Hundredths (102.47) feet along a non-tangential curve concave to the northeast having a radius of One Thousand One Hundred Sixty-two and Fifty-eight Hundredths (1162.58) feet, a central angle of 5 degrees 03 minutes 01 second and whose chord is on an azimuth of 289 degrees 45 minutes 53 seconds, thence on an azimuth of 292 degrees 17 minutes 23 seconds along said center line, tangent to said curve, a distance of Three Hundred Ninety and Eighty-six Hundredths (390.86) feet to the point of beginning of the parcel to be described; thence continuing on an azimuth of 292 degrees 17 minutes 23 seconds along said center line a distance of Two Hundred Forty-one and Eighty-one Hundredths (241.81) feet; thence westerly along said center line a distance of Three Hundred Ninety-seven and Eightyeight Hundredths (397.88) feet along a tangential curve concave to the south having a radius of One Thousand Five Hundred Eighty and Seventy-two Hundredths (1580.72) feet and a central angle of 14 degrees 25 minutes 19 seconds; thence on an azimuth of 277 degrees 52 minutes 04 seconds along said center line a distance of Two Hundred Fifty-two and Thirtyfour Hundredths (252.34) feet to a point on the west line of said Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4) distant Two Hundred Sixteen and Seventytwo Hundredths (216.72) feet south of the northwest corner thereof; thence on an azimuth of 358 degrees 02 minutes 44 seconds along said west line a distance of Two Hundred Sixteen and Seventy - two Hundredths (216.72) feet to said northwest corner of the Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4); thence on an azimuth of 89 degrees 55 minutes 07 seconds along the north line of said Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4) a distance of Eight Hundred Forty-five and Fifty-two Hundredths (845.52) feet, thence on an azimuth of 177 degrees 35 minutes 56 seconds a distance of Four Hundred Fortyseven and Sixty-eight Hundredths (477.68) feet to the point of beginning. EXCEPT that part of said Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4) described in Warranty Deed recorded in Book No. 63 of Deeds, page 606; being a Fifty (50.00) foot wide strip of land conveyed to the St. Croix Falls Minnesota Improvement Company (now Northern States Power Company), more particularly described as follows: Commencing at the northwest corner of the above described parcel, being the northwest corner of said Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4) thence on an azimuth of 89 degrees 55 minutes 07 seconds along the north line of said Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4) a distance of Five Hundred Three and Thirty-two Hundredths (503.32) feet to the point of beginning of the exception to be described: thence continuing on an azimuth of 89 degrees 55 minutes 07 seconds along the north line of said Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4) a distance of Sixty-eight and Forty-one Hundredths (68.41) feet; hence on an azimuth of 222 degrees 42 minutes 35 seconds a distance of Three Hundred fifty-eight and Fortyseven Hundredths (358.47) feet to said center line of Oakhill Road North; thence westerly along said center line a distance of Fifty-nine and Eighty-four Hundredths (59.84) feet along a non-tangential curve concave to the south having a radius of One Thousand Five Hundred Eighty and Seventy-two Hundredths (1580.72) feet, a central angle of 2 degrees 10 minutes 08 seconds and whose chord is on an azimuth of 279 degrees 23 minutes 20 seconds to a point on a line on an azimuth of 222 degrees 42 minutes 35 seconds from the point of beginning; thence on an azimuth of 42 degrees 42 minutes 35 seconds not tangent to said curve, a distance of Three Hundred Forty-five and five hundredths (345.05) feet to the point of beginning. Subject to public road easement for Oakhill Road North along the Southerly Thirty-three (33.00) feet and to public road easement for Meadowbrook Avenue North along the West Thirty-three (33.00) feet. ABSTRACT PROPERTY (Washington County, MN) This is Abstract Property. TAX PARCEL NO.: 09.032.20.31.0008 ADDRESS OF PROPERTY: 12750 Oakhill Road North Scandia, MN 55073 COUNTY IN WHICH PROPERTY IS LOCATED: Washington ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: 300,000.00 AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: 323,539.67 That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; that no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof; PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: March 28, 2014, 10:00 AM PLACE OF SALE: Law Enforcement Center, 15015 62nd Street N., City of Stillwater to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys' fees allowed by law subject to redemption within 6 Months from the date of said sale by the mortgagor(s), their personal representatives or assigns. DATE TO VACATE PROPERTY: The date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under Minnesota Statutes section 580.30 or the property redeemed under Minnesota Statutes section 580.23 is September 28, 2014 at 11:59 p.m. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate is the next business day at 11:59 p.m. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: NONE THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED. Dated: January 24, 2014 The Bank of New York Mellon fka The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-2, Assignee of Mortgagee PETERSON, FRAM & BERGMAN, P.A. By: Michael T. Oberle, Ben I. Rust, Jonathan R. Cuskey, Michael V. Schleisman, Tracy J. Halliday Attorneys for: The Bank of New York Mellon fka The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-2, Assignee of Mortgagee 55 East Fifth Street, Suite 800 St. Paul, MN 55101-1718 651-209-7599 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. 17725-13-01233-1 (Oakdale-Lake Elmo Review: Feb. 5, 12, 19, 26, Mar. 5, 12, 2014)


NOTICE TO CREDITORS AND CLAIMANTS OF VANTAGE POINT APPAREL & PROMOTIONAL PRODUCTS, LLC Please be advised that VANTAGE POINTAPPAREL & PROMOTIONAL PRODUCTS, LLC is in the process of dissolving and winding up its affairs. On January 13, 2014 Vantage Point Apparel & Promotional Products, LLC filed with the Minnesota Secretary of State a Notice of Dissolution. All claims against Vantage Point Apparel & Promotional Products, LLC must be submitted in writing to Vantage Point Apparel & Promotional Products, LLC, Attention: Chris A. Ingvalson, 1500 Wells Fargo Plaza, 7900 Xerxes Avenue South, Bloomington, MN 55431. All claims must be presented to Vantage Point Apparel & Promotional Products, LLC on or before the following dates: (1) on or before April 22, 2014, which is 90 days after the first date of publication; or (2) 90 days after the date on which written notice was given to a particular creditor or claimant. (Oakdale-Lake Elmo Review: Jan. 22, 29, Feb. 5, 12, 2014)


STATE OF MINNESOTA COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT FAMILY COURT DIVISION Petition Number: 82-FA-13-5369 SUMMONS AND NOTICE In Re: the Petition of: Ann E. Rota and Michael W. Rota to Adopt RMK and HMK NOTICE TO: Louis J. Kugel biological parent of the Children: RMK and HMK ATTENTION 1. An Adoption Petition— Stepparent Adoption has been filed on 10/17/2013, in the State of Minnesota, County of Washington, District Court, Family Court Division, 14949 62nd St. N, Stillwater, MN 55082, Case Type: Adoption, Court File No. 82-FA-13- 5369 2. The petition states, among other things: (a) A request that the relationship of parent and child be established between the above-named children, and Stepparent, Michael Watterson Rota. (b) That Petitioners will freely undertake the obligation fully to support and care for the abovenamed children until the children reach maturity. (c) That it is in the best interests of the above-named children that the children be adopted by Stepparent, Michael Watterson Rota. 3. NOTICE IS HEREBY GIVEN that on March 3rd, 2014, at 10:00 AM in the above-named courthouse a hearing will be held to consider Petitioners’ request to grant the Stepparent Adoption Petition and, if granted, a judgment and decree shall be entered accordingly upon adoption finalization. 4. YOU ARE THEREFORE ORDERED to appear before said Court at said time and date. 5. IF YOU FAIL TO APPEAR AT THE HEARING, the Court may still conduct the hearing and grant appropriate relief, including granting Petitioners’ Petition for Stepparent Adoption. WITNESS, the Honorable John C. Hoffman Chief Judge, Tenth Judicial District Annette Fritz, Court Administrator (Oakdale-Lake Elmo Review: Jan. 22, 29, Feb. 5, 2014)


CERTIFICATE OF ASSUMED NAME STATE OF MINNESOTA Minnesota Statutes Chapter 333: ASSUMED NAME: Pegasus PRINCIPAL PLACE OF BUSINESS: 680 Commerce Dr. #160, Woodbury, MN 55125 NAMEHOLDERS: Opus 21 Management Solutions, LLC, 9085 Sierra Rd, Woodbury, MN 55125 I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. Date: 01/21/2014 /s/ Orme & Associates, Ltd. Attorney for Nameholder (Oakdale-Lake Elmo Review: Jan. 29, Feb. 5, 2014)


CERTIFICATE OF ASSUMED NAME STATE OF MINNESOTA Minnesota Statutes Chapter 333: ASSUMED NAME: Juicers to Go PRINCIPAL PLACE OF BUSINESS: 3153 Countryside Ave. Unit E, Woodbury, MN 55129 NAMEHOLDERS: Lin Capital Management, LLC, 3153 Countryside Ave. Unit E, Woodbury, MN 55129 I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. Date: 01/20/2014 /s/ Jeff Y. Lin (Oakdale-Lake Elmo Review: Jan. 29, Feb. 5, 2014)


VALLEY BRANCH WATERSHED DISTRICT REVISED RULES AND REGULATIONS DECEMBER 2013 Page i Valley Branch Watershed District Revised Rules and Regulations August 2013 Table of Contents Forward ....................................... 1 Introduction .................................. 1 Authority ...................................... 1 Need ............................................ 2 Justification .................................. 2 Organization ................................ 3 General ........................................ 4 Purposes ..................................... 4 Policies ........................................ 4 Purpose of Standards .................. 5 Application ................................... 5 General Policies .......................... 6 Key Definitions and Acronyms ..... 7 Rule 1: Administrative Procedures .. ..................................................... 13 Required Submittals and Exhibits.... ..................................................... 13 Permit Application Process ........ 15 Enforcement and Severability .... 16 Appellate Procedure and Review ... ..................................................... 16 Amendment Procedure .............. 16 Permit Close-Out ....................... 17 Rule 2: Stormwater Management ... ..................................................... 19 Policies ...................................... 19 Standards .................................. 20 Rule 3: Erosion and Sedimentation Control ......................................... 26 Policies ...................................... 26 Standards .................................. 26 Rule 4: Wetland Management and Vegetative Buffers ....................... 27 Policies ...................................... 27 Standards and Procedures ........ 27 Rule 5: Floodplain Management ..... ..................................................... 32 Policies ...................................... 32 Standards .................................. 32 Page ii Rule 6: Illicit Discharge and Connection .................................. 35 Policies ...................................... 35 Standards .................................. 35 Rule 7: Groundwater Management . ..................................................... 40 Policies ...................................... 40 Standards .................................. 40 Rule 8: Individual Sewage Treatment Systems ..................... 41 Policies ...................................... 41 Rule 9: Water Appropriations ..... 42 Policies ...................................... 42 Standards .................................. 42 Rule 10: Fees ............................ 43 Policies ...................................... 43 Rule 11: Sureties and Performance Bonds .......................................... 44 Policies ...................................... 44 Rule 12: Variances ..................... 45 Policies ...................................... 45 Rule 13: Local Government Responsibilities ........................... 46 Policies ...................................... 46 Page iii List of Tables MN Department of Health Minimum Setbacks for Infiltration Facilities . 22 VBWD Soil Infiltration Rates ...... 24 VBWD Simply Method Runoff Volumes for Calculating Flood Levels of Landlocked Depressions ... ..................................................... 32 List of Appendices Appendix A Stormwater Volume Checklist Appendix B Maintenance Agreements Appendix C Design Sequence Flow Chart Appendix D Wetland Inventory and Functional Assessment and Classification Appendix E Link to website for National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) for construction activities as administered by the Minnesota Pollution Control Agency Page 1 Forward Introduction This forward summarizes the reasoning behind the proposed Valley Branch Watershed District (VBWD) Rules and Regulations (Rules). The forward discusses • the process for developing the Rules, • the authority allowing VBWD to develop and adopt the Rules, • the need for the Rules, and • the justification for the Rules. The organization of the Rules is also described. These Rules are an update and revision from the VBWD’s 2007 Rules. On November 10, 2005, the VBWD Board of Managers adopted the 2005-2015 VBWD Watershed Management Plan (Plan). The Plan called for the revision of the VBWD Rules to incorporate volume control standards, revise the wetland regulations, and update the Rules in general. On August 30, 2013, the VBWD Managers sent the proposed Rules to the Minnesota Board of Water and Soil Resources and all public transportation authorities that have jurisdiction within the VBWD, as required in Minnesota Statute 103D.341, Subd. 2. In addition, the proposed Rules were sent to various stakeholders, including all cities and townships that lie wholly or partially within the VBWD. The VBWD requested comments by October 21, 2013. As required in Minnesota Statute 103D.341, Subd. 2, the VBWD Managers published notice of a public hearing on the proposed rules. The public hearing was held on December 12, 2013, at 8:00 p.m. After the public hearing and later that evening, the VBWD Managers adopted these rules. These rules will be published in the VBWD’s legal newspapers. The Managers will provide written notice of adopted or amended rules to public transportation authorities that have jurisdiction within the watershed district. The Managers will also file these adopted rules with the county recorder of each county affected by the watershed district and the Minnesota Board of Water and Soil Resources. Authority State law (Minnesota Statutes 103B and 103D and Minnesota Rules 8410) requires watershed districts to prepare and adopt watershed management plans. These plans must be the basis for watershed district Rules. Minnesota Statutes (103D, 103B, and 103G) and Minnesota Rules (8410 and 8420) give watershed districts the authority to develop and implement rules and regulations. The VBWD’s authority to adopt these Rules allows it to establish standards, requirements, and procedures for the review and approval or disapproval of activities within its mandated authority. Page 2 Need The lakes, ponds, streams, wetlands, and groundwater in the VBWD are important assets. These resources supply recreational and aesthetic benefits, enhance property values, serve as sources for groundwater recharge and drinking water, provide nutrient removal, and provide wildlife habitat and fishery resources. The high quality of the VBWD’s natural resources makes it an attractive place for people to live. If water quality becomes degraded, a water resource will lose its value. If water quality is not maintained, it is not just the environment that will suffer, but the commercial and recreational value of our water resources will diminish and public health may be compromised. Preserving the high quality of the VBWD’s natural resources is critical to the existence of a high quality of life among the citizens residing in the watershed and in the larger metropolitan region. The quality of lakes, ponds, streams, wetlands, and groundwater are closely linked to the surrounding environment and land use. The quality of these water resources is dependent on the watershed’s hydrology and the physical conditions of the resource. Hydrology is dependent on the weather, the topography of the landscape, the soils, the land cover, and other factors. Changes to any of these factors will influence the water quality of a water resource. While some of the factors are difficult to control, changes to land cover can be regulated. To accomplish the VBWD goals of protecting water resources and preventing negative consequences, the VBWD will manage stormwater runoff, erosion and sedimentation, wetlands and vegetative buffers through enforcing these Rules. Justification The quality and quantity of water in a water body is greatly influenced by stormwater runoff. Stormwater runoff carries pollutants that cause adverse environmental impacts to the VBWD’s water resources. As development in the VBWD increases, more and more land will be converted into impervious surfaces, such as buildings/rooftops, driveways, sidewalks, roads, and parking lots. These surfaces cannot absorb stormwater (cannot infiltrate), which means that as runoff flows over these surfaces; it picks up pollutants and gains speed and volume. When compared to land with less impervious surfaces, these stormwater flows contain more pollutants, are a higher temperature, move at a faster rate, and contain more volume. The downstream impacts of such flows include water quality degradation, increased erosion and sedimentation, increased flooding, wetland habitat degradation, and negative groundwater effects. Human activities (especially construction and the removal of vegetation) often accelerate the natural process of erosion and sedimentation. For example, when a construction site is cleared and graded, stormwater runoff rates and volumes increase because there is less infiltration, less interception, fewer natural depressions, and compacted soil. This results in increased erosion, sedimentation, and decreased infiltration. Increased soil erosion releases significant amounts of sediment that may enter receiving lakes, streams, ponds, and wetlands. Sediment deposition decreases water depth, degrades water quality, smothers fish and wildlife habitat, and degrades aesthetics. Sedimentation can also cause flooding when it blocks portions of the stormwater system. Suspended sediment clouds water resources and disturbs aquatic habitats. Sediment is also a major source of phosphorus. Scientific studies show that phosphorus is usually the nutrient that limits algal growth in freshwaters. Reducing phosphorus in a lake, therefore, is required Page 3 to reduce algal abundance and improve water transparency. Failure to reduce phosphorus concentrations will allow the water body to degrade at an unnatural, accelerated rate. Human activities can affect the amount of water in water bodies. When too much water enters lakes, ponds, wetlands, and streams, they exceed their storage or conveyance capacity and flood. Flooding has the potential for causing severe damage and great property loss. Past and potential future impacts of flooding in the watershed include damage to structures, utilities and transportation facilities, flood fighting costs, postflood cleanup costs, business losses, increased expenses for normal operating and living during a flood situation, and benefits paid to owners of flood insurance. Other losses that could be suffered during flooding include a loss of life, disruption of normal activities, potential health hazards from contaminated water supplies, dislodged fuel storage tanks, and flooding of wastewater collection and treatment facilities. Without controls, increased urbanization of a watershed will cause average annual flood damages to increase. Conversely, a lack of water can have negative effects on water resources. Maintaining an adequate amount of water is important for human enjoyment of the water resources, and for maintaining wildlife habitat and fishery resources. Human activities can negatively impact wetlands. Excavation, filling, and activities that change the hydrology and the quality of the stormwater flowing into the wetlands can destroy the wetland functions and values. Wetlands come in many different shapes, sizes, and types, and perform a variety of physical, chemical, and ecological functions. A healthy watershed is one in which wetlands are an integral part of the ecosystem. Groundwater quality and quantity is closely linked to the surface environment. Because most VBWD residents obtain their drinking water from groundwater, it is especially important to ensure that these aquifers are uncontaminated, protected from future contamination and provide adequate supplies. Several VBWD water bodies are groundwater-dependent and need an adequate supply of clean groundwater to maintain water levels and sustain their natural habitats. Maintaining a clean, safe groundwater supply is critical to human and environmental health and to the economic and social vitality of our communities. Groundwater can be contaminated by a number of human activities. When groundwater contamination occurs, water suppliers (public and private) experience added financial and social costs to manage the affected water supply. Organization These Rules and Regulations are split into 13 Rules. In general, they follow the suggested format of Washington County’s 2003 report, “Comparative Review of Watershed District Rules and Recommendations for Standardization.” However, some Rules were grouped together because the VBWD policies and standards are too inter-related to separate. In other cases, VBWD does not have a specific policy or standard for a topic listed in the Washington County report; therefore, VBWD has no rule on that topic. Page 4 General Purposes Policies 1. To implement the purposes for which the Valley Branch Watershed District (VBWD) was created. 2. To carry out the vision and mission contained in the VBWD Watershed Management Plan (Plan), which are VBWD Vision: Always be careful stewards of the water resources within our watershed boundaries. VBWD Mission: To manage and protect our water resources: lakes, ponds, creeks, streams, wetlands, drainages, and groundwater by: A. Promoting open communication with our constituents, both our citizen base and pertinent governmental units. B. Improving and protecting the quality of water for all water bodies within the VBWD. C. Managing the quantity of water and minimizing the negative impact on the VBWD from floods, high flows, and droughts by providing public works projects and other prudent measures. D. Understanding the effects of community growth and other activities on groundwater, initially focusing on the groundwater-surface water interface. E. Continuing to enforce the Wetland Conservation Act requirements as the responsible local unit of government1. F. Educating our constituents and the local units of government within the VBWD on water quality and quantity issues, management, and means of improvement. 3. To carry out the policies contained in the VBWD Plan. 4. To coordinate the VBWD’s activities with other governmental agencies. 5. To ensure that the water resources are considered, protected and preserved within the VBWD. 1 The Local Government Unit (LGU) on state land is the agency with administrative responsibility for the land. Page 5 6. To ensure that future regional water management needs are considered in the development of individual subdivisions and other developments and local water management plans. 7. To protect the public health, safety and welfare. Purpose of Standards 1. To aid the Managers in their review process. 2. To provide the Managers’ staff with the criteria to be used for their reviews and recommendations. 3. To inform permit applicants of the criteria against which their proposed developments will be reviewed. 4. To provide the communities with guidelines for the development of local water management plans. Application 1. General activities that require a VBWD permit: A. Land alterations, such as grading or filling (including re-development projects), which disturb, remove or cover surface vegetation or other surfaces of 1 acre or more; B. All projects which create a new and/or fully-reconstructed impervious surface area of 6,000 square feet or more, Notes: i. Pavement, utility, and other projects that alter 6,000 square feet or more of the underlying soils (e.g., soils under a road’s sand or gravel base, soils under a building’s foundation, etc.) require a VBWD permit and conformance to Rule 2. ii. Pavement milling and overlay projects and pavement rehabilitation projects not altering the underlying soils (i.e., soils under the pavement’s sand or gravel base) do not require a VBWD permit. iii. Bridges that create 6,000 square feet or more of impervious surface require a permit. Bride re-decking projects where no other ground is disturbed and the project does not involve another activity requiring a VBWD permit are exempt for needing a VBWD permit. Bridges and bridge replacements creating less than 6,000 square feet of impervious surface require a permit if the project involves another activity requiring a VBWD permit. C. All work within the waters and floodplain of the VBWD; Page 6 D. All projects which result in a discharge of municipal or industrial water or wastewater to a surface water drainage system; Note: Open loop geothermal systems are prohibited. E. All subdivisions, plats, developments, and lot line modifications; F. All projects which result in lake, stream, wetland, or pond augmentation; and G. All projects which impact a wetland. Note: Valley Branch Watershed District is the Local Governmental Unit (LGU) responsible for administering the Wetland Conservation Act (WCA) within the VBWD, except the LGU responsible for administering the WCAon state land is the agency with responsibility for the land. General Policies 1. To implement the purposes of these Rules and Regulations, the Managers intend to do the following: A. Assist municipal officials in the preparation of local watershed management plans and land development guides. B. Review permit applications and required supporting documents for activities listed within these Rules and for permit applications filed with the Minnesota Department of Natural Resources pursuant to Minnesota Statutes Chapter 103G. The Managers desire to become informed of improvements and land development proposals during the early planning stages. It is the intent of the Managers that the communities be the primary vehicles for directing developers to submit proposed improvement plans to the VBWD. The VBWD will review proposed improvements when the appropriate community is aware of the improvement proposal. C. Exercise control over proposed developments only to the extent necessary to protect the waters of the VBWD from unreasonable impacts which are inconsistent with the policies contained in the Plan and these Rules. D. Submit to the communities the VBWD comments, recommendations, requirements, and all VBWD actions regarding proposed improvements. All VBWD requirements shall be included in the community permits. E. Coordinate the VBWD review with the communities and, when appropriate, with Counties, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and other appropriate local, State, and Federal agencies. Page 7 2. All permits issued by the VBWD shall remain valid unless: (1) the work is not initiated within one year of permit issuance, (2) work is idle for 12 consecutive months, or (3) work is not completed within 3 years of permit issuance date. Key Definitions and Acronyms For the purposes of these Rules, the following words have the meanings set forth below. References in these Rules to specific sections of the Minnesota Statutes include any amendments, revisions, or recodification of those sections. Agricultural activity – the use of land for the production of agronomic, horticultural, or silvicultural crops, including nursery stock, sod, fruits, vegetables, flowers, forages, cover crops, grains, and Christmas trees. Agricultural activity also includes grazing. Bank Application Form – a wetland bank application form available from the Minnesota Board of Water and Soil Resources (BWSR). Best management practices (BMPs) – measures taken to minimize the negative effects on the environment. BMP guidance is documented in Protecting Water Quality in Urban Areas (MPCA, 2000), Metropolitan Council Urban Small Sites Best Management Practices Guidebook (Metropolitan Council & Barr Engineering Company, 2001) and Minnesota Stormwater Manual (MPCA, 2005). Blow counts – the number of blows per foot of a standard penetration resistance test, as described in American Society for Testing of Materials (ASTM) D1586. Board of Managers or Managers – the Board of Managers of the Valley Branch Watershed District. Bridge -- the portion of a road, highway, utility, or associated structure that crosses the bed or bank of waters. BWSR – Minnesota Board of Water and Soil Resources. Closed Loop Geothermal Systems – a system that circulates a fluid for heat-transfer through pipes or coils buried beneath the land surface and does not discharge the fluid after circulating the fluid through the pipes or coils. Complete Permit Application – a complete and signed VBWD permit application form; the VBWD permit fee; a Runoff Water Management Plan showing the features and information required by the Watershed Management Plan and these Rules; computations, agreements and documentation required by these Rules; a wetland delineation report or documentation prepared by a wetland scientist indicating there is no wetland on the site; all necessary wetland forms and information; and an erosion control plan. CWPA – Combined Wetland Permit Application Criteria – specific details, methods and specifications that apply to all permits and reviews and that guide implementation of the VBWD’s goals and policies. Page 8 Day or Days – working days when used in a time period of 15 days or less and calendar days when used in a time period greater than 15 days. The day of the event shall not be used in counting any time period. Development - any proposal to subdivide land, any land disturbing activity, redevelopment affecting land, or creation of impervious surface including, but not limited to, road construction or reconstruction or improvement and construction or reconstruction of stormwater conveyance systems. Developed Site – see Ultimate Development. Drainage System – those features of the watershed such as lakes, ponds, streams, and waterways which contain and convey waters of the VBWD. Drainageway or waterway – any natural or artificial channel which provides a course for water flowing either continuously or intermittently. DNR – Minnesota Department of Natural Resources. Excavation – the displacement or removal of soil or other material. Existing Conditions – current conditions of the site. Feasible – technically achievable at a cost, in the VBWD’s determination, not substantially disproportionate to the stormwater management benefit to be gained. Floodplain – the area adjoining a watercourse, or natural or constructed water basin, including the area around lakes, wetlands, stormwater ponds, lowlands, and intermittent and perennial streams that is inundated by the 100-year 24- hour rainfall event, the 10-day 100- year snowmelt event, or as calculated using the VBWD’s simplified method for landlocked basins. See Rule 5. Flowage Easement – an easement held in public ownership to reserve areas along waterways and around storage sites and around or along other parts of the drainage systems for the passage or retention of waters, construction of drainage improvements, and maintenance. Fully Reconstructed Impervious Surface – areas where impervious surfaces have been removed down to the underlying soils. Activities such as structure renovation, mill and overlay projects, and pavement rehabilitation projects that do not alter underlying soil material beneath the structure, pavement, or activity are not considered fully reconstructed impervious surfaces. In addition, other maintenance activities such as catch basin and pipe replacements shall not be considered fully reconstructed impervious surfaces. Reusing an existing building foundation and reroofing of an existing building are not considered fully reconstructed. Hydrologic Soil Group – a term used in soil surveys that refers to soils grouped according to their runoff-producing characteristics. The chief consideration is the inherent capacity of bare soil to permit infiltration. The slope and the kind of plant cover are not considered, but are separate factors used in predicting runoff. Soils are assigned to four groups (Groups A, B, C, and D). Group A soils have a high infiltration rate when thoroughly wet and have a low runoff potential. They are mainly deep, well drained, and sandy or gravelly. Group D soils, at the other extreme, have a very slow Page 9 infiltration rate and thus a high runoff potential. They have a claypan or clay layer at or near the surface, have a permanent high water table, or are shallow over nearly impervious bedrock or other material. A soil is assigned to two hydrologic groups if part of the acreage is artificially drained and part is undrained. See the Soil Survey of Washington and Ramsey Counties. Impervious surface – a surface that has been compacted or covered with a layer of non-porous material (including buildings/structures), or is likely to become compacted from expected use, so that it is highly resistant to infiltration by water. Compacted aggregate roads and road shoulders are impervious surfaces. Kelle’s Coulee Watershed – all land that ultimately drains to Kelle’s Coulee (sometimes called Kelle’s Creek); including areas that are typically landlocked, but would overflow to Kelle’s Coulee. Lake Edith Watershed – all land that ultimately drains to Lake Edith, including areas that are typically landlocked, but would overflow to Lake Edith. LGU – Local Government Unit Local Watershed Management Plan – a comprehensive local water management plan pursuant to Minnesota Statutes, sections 103B.235. Lot – a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease or separation. Lot Line – property line bounding a lot, except that where any portion of a lot extends into a public right-ofway or a proposed public right-ofway, the line of the public right-ofway shall be the lot line. Minimum Building Elevation – the elevation of the lowest floor of the building. MNRAM 3.0 – Minnesota Routine Assessment Method for Evaluating Wetland Functions, Version 3.0 (MNRAM 3.0) or updated versions. MPCA – Minnesota Pollution Control Agency. Municipality – any city or township wholly or partly within the Valley Branch Watershed District. Normal Water Elevation – the long-term average water level. Notice of Decision – Notice of Wetland Conservation Act decision, a completed form provided by BWSR or similar. NPDES – National Pollutant Discharge Elimination System, a federal stormwater regulation program administered by the MPCA. NPDES Construction Stormwater Permit – a permit program administered by the MPCA (incorporates by reference Minnesota Rules 7090.0060), which is officially called General Permit Authorization To Discharge Storm Water Associated With Construction Activity Under The National Pollutant Discharge Elimination System/State Disposal System Permit Program. Page 10 Open Loop Geothermal System – a system that circulates a fluid for heat-transfer through pipes or coils buried beneath the land surface and discharges the fluid, often over land or to a lake, wetland, ditch, or stream, after circulating the fluid through the pipes or coils. Ordinary High Water level (OHW) – an elevation associated with a water body determined by the DNR, and used to determine DNR jurisdiction. In general, it is the elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water level is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the OHW is typically the elevation of the top of bank of the channel. The OHW does not correlate to a 100-year, 50-year, 10- year, or any other flood level. Parcel – any area of land capable of being described with such definiteness that its location and boundaries may be established. Person – an individual, firm, partnership, association, corporation, limited liability company, municipal corporation, city, village, county, town, school district, state agency, or other political subdivision of the State of Minnesota. Plan – VBWD’s 2005-2015 Watershed Management Plan (Plan) or as amended, revised, updated, replaced, or superseded. Plats – maps of a subdivision showing the location and boundaries of individual parcels of land subdivided into lots, with streets, easements, etc., drawn to a scale. Proposed Conditions – see Ultimate Conditions. Public health, safety, and welfare – extends to and includes any act or thing tending to improve or benefit or in any way affect the general public either as a whole or as to a particular community or part thereof. This definition is to be construed liberally to give meaning and effect to the goals and purposes of the Valley Branch Watershed District and also statutes and ordinances relating to floodplain management and shoreland use. Rate of Runoff – the amount of runoff per unit of time for a given storm event, often expressed as cubic feet per second (cfs). Reconstruction – the rebuilding, repair or alteration of a structure, surface, or facility. Rules – the Rules and Regulations of the Valley Branch Watershed District. Runoff – the amount of excess precipitation or snowmelt that is not permanently stored in depressional areas or infiltrated into the soil. SCS – Soil Conservation Service, now called the Natural Resource Conservation Service (NRCS). SDS – State Disposal System. Sequencing – the process of demonstrating that a proposed wetland activity will comply with the principles of the Wetland Conservation Act. The process is called sequencing because there is a specific order of priorities in the Wetland Conservation Act. See Minnesota Rules 8420.0520. Page 11 Standards – a preferred or desired level of quantity, quality, or value. Storage site – an area which is reserved for holding water. Stream – perennial (streams that flow throughout the year, such as portions of Valley Creek) and intermittent streams (streams that flow during/after a snowmelt or rain event). Longer intermittent streams are identified in Section 4.3.5 of the 2005-2015 VBWD Watershed Management Plan. Structure – anything that is constructed or placed on the ground and that is intended to remain for longer than a brief, temporary period of time. Subdivision, subdivide – the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots. Surface Water Drainage System – those natural or artificial features of the watershed such as lakes, ponds, wetlands, streams, waterways, and storage sites which contain and convey and/or manage waters of the VBWD. Swede Hill Creek Watershed – all land that ultimately drains to the St. Croix River, including areas that are typically landlocked, and is within the City of Afton and Valley Branch Watershed District that is not within the Valley Creek, Lake Edith, or Kelle’s Coulee watersheds. TEP – Technical Evaluation Panel. Ultimate Development – the level of development as proposed in a permit application and/or the future development as proposed in a city, township, or county comprehensive land use plan. Valley Creek Watershed – all land that ultimately drains to Valley Creek, including areas that are typically landlocked, but would overflow to Valley Creek. VBWD – Valley Branch Watershed District Vegetative Buffers - zones of undisturbed vegetation, preferably native vegetation, adjacent to lakes, streams, and wetlands. Volume of runoff – the amount of stormwater runoff in cubic units, often noted as acre-feet. Watercourse - a channel that has definable beds and banks capable of conducting confined runoff from adjacent land. Waters – a watercourse or a natural or constructed water basin, including the area around lakes, wetlands, stormwater ponds, lowlands, and intermittent and perennial streams Watershed – an area bounded peripherally by a drainage divide, which collects precipitation and contributes runoff to a particular drainage system. Watershed Management Plan (Plan) – the VBWD’s 2005-2015 Watershed Management Plan or as amended, revised, updated, replaced or superseded. WCA – Wetland Conservation Act. Page 12 WCA Rules – Minnesota Board of Water and Soil Resources (BWSR) Minnesota Rules Chapter 8420, as amended. Wetland – any area identified as a wetland under Minnesota Statutes section 103G.005, subdivision 19. Wetland Conservation Act – The Minnesota Wetland Conservation Act of 1991, (Minnesota Laws 1991, chapter 354, and subsequent amendments). Wetland Functions – a process or series of processes that take place within a wetland. These include the storage of water, transformation of nutrients, growth of living matter, and diversity of wetland plants, and they have value for the wetland itself, for surrounding ecosystems, and for people. Functions are typically grouped broadly as habitat, hydrologic, or water quality. Wetland Impact – a measurable or predictable change to the wetland’s size, quality, or biological diversity. Wetland Replacement Plan – A plan conforming to Minnesota Rules 8420 for replacing wetland values where avoidance of activity is not feasible and prudent. Wetland Values - the benefits wetland functions provide to people. Page 13 Rule 1: Administrative Procedures Required Submittals and Exhibits The VBWD requires submittals for all projects within the VBWD that require a VBWD permit. The submittals must accompany the permit application and must show how the project conforms to the requirements in these Rules and Regulations and the VBWD Watershed Management Plan. Electronic submittal of all documents and models is strongly encouraged. The following submittals and exhibits must be submitted for all projects within the VBWD that require a VBWD permit: 1. A completed and signed permit application form. 2. Evidence of ownership for the project site. 3. The required permit application fee (see Rule 11). 4. Grading Plan/Mapping Exhibits: Electronic copies of the plans should be submitted. If electronic copies are not submitted, one 11- inch by 17-inch copy (and two fullsized copies if originals are larger than 11 inches by 17 inches) of the plans shall be submitted. The plans shall be prepared by a registered professional engineer and shall include the following: A. Property lines and delineation of lands under ownership of the applicant. B. Delineation of the subwatersheds contributing runoff from off-site, proposed and existing on-site subwatersheds, and flow directions/patterns. C. Location, alignment, and elevation of proposed and existing stormwater facilities. D. Delineation of existing on-site wetlands, shoreland and/or floodplain areas (including any buffers). E. Existing and proposed normal water elevations and the critical (the highest) water level produced from the 100-year 24-hour storms, the 100-year 10-day snowmelt event, or the VBWD simplified method for landlocked basins or an approved alternative for all on-site wetlands, ponds, depressions, lakes, streams and creeks (see Rule 5). F. Ordinary High Water (OHW) elevations and datum, as determined by the DNR (if applicable). G. Existing and proposed site contour elevations related to NAVD 1988 datum (preferred) or NGVD, 1929. Datum must be noted on exhibits. H. Drainage easements covering land adjacent to ponding areas, wetlands, and waterways up to their 100-year flood levels and covering all ditches and storm Page 14 sewers. Access easements to these drainage easements and to other stormwater management facilities shall also be shown. I. Minimum building elevation for each lot. J. Identification of downstream water body. 5. Hydrologic/Hydraulic Design Exhibits: Electronic files of the following shall be submitted. If an electronic copy is not submitted, one paper copy shall be submitted. The calculations shall be prepared by a registered professional engineer. A. All hydrologic and hydraulic computations completed to design the proposed stormwater management facilities shall be submitted. Model summaries must be submitted. The summaries shall include a map that corresponds to the drainage areas in the model and all other information used to develop the model. B. A table (or tables) must be submitted showing the following: i. A listing of all points where runoff leaves the site and the existing and proposed stormwater runoff rates and volumes. ii. A listing of the normal water levels under existing and proposed conditions and the water levels produced from the storm and runoff events listed above for all on-site wetlands, ponds, depressions, lakes, streams, and creeks. C. A completed VBWD stormwater volume reduction checklist (see Rule 2 and Appendix A). 6. Erosion Control and Sedimentation Prevention Exhibits (see Rule 3): A. Electronic copies shall be submitted. If electronic copies cannot be submitted, one 11-inch by 17-inch copy (and two full-sized plans if originals are larger than 11- inches by 17-inches) which show how waterborne sediment will be prevented from leaving the site during and after construction to prevent sedimentation of downstream water bodies. The plans shall include a construction sequencing schedule. B. A copy of the Stormwater Pollution Prevention Plan (SWPPP), prepared by a qualified individual, which conforms to the MPCA’s NPDES Construction Stormwater Permit requirements. The NPDES permit requirements cover both temporary and permanent erosion prevention and sediment control measures, and apply to all construction projects that disturb one or more acres of land. The SWPPP must conform to the special requirements for “Special Waters” (Valley Creek and the St. Croix River), when applicable. The SWPPP shall also show how erosion will be prevented during construction on individual building sites. Any applicable local standards shall be incorporated into the plan. Page 15 7. Construction plans for all proposed stormwater management facilities. Construction specifications must be provided upon request. 8. A maintenance agreement in the format of Appendix B, as revised and updated by the VBWD Attorney. 9. Four copies of the Wetland Delineation Report, which also must include a summary of the MnRAM evaluation (Minnesota Routine Assessment Method for Evaluating Wetland Functions, Version 3.0 or updated versions), and classification determination according to VBWD’s wetland management classification system (see Rule 4). 10. Five copies of Part 1 of the Combined Wetland Permit Application (CWPA) for all projects proposing to alter wetlands, which may not require wetland replacement (see Rule 4). 11. Five copies of the Wetland Replacement Plan, including Parts 1 and 2 of the CWPA, for all projects requiring wetland replacement (see Rule 4). 12. Draft Declaration of Covenants that lists the VBWDrequired minimum floor elevations. 13. Other exhibits required by or to show conformance to these Rules and Regulations. Permit Application Process 1. The VBWD Engineer must receive from the applicant a complete permit application, all necessary supporting documents, and the permit application fee 14 calendar days prior to a meeting at which application is to be considered. Supporting documentation must include the deed of ownership for the project site. If the permit applicant does not yet own the property, a preliminary VBWD permit can issued, but will not be effective until the VBWD receives the proof that the permit applicant owns the property. 2. The VBWD Engineer will review each permit request with respect to VBWD policies and criteria. 3. The VBWD Engineer will notify the applicant concerning A. Applicable VBWD criteria and policies. B. Additional required information where necessary with copies to the appropriate community and other concerned agencies 4. The VBWD Engineer will place the development proposal on the agenda when all the required information is received and all VBWD policies are met or a variance is requested and supporting written documentation is submitted. The Engineer will then submit a written report to the Managers at least two (2) days prior to the Managers meeting. Page 16 5. The issuance or denial of a permit shall be based on the policies contained in the Watershed Management Plan and these Rules and Regulations. 6. The Managers will act on a complete permit application within 60 days of receipt or as required by the Rules of the Wetland Conservation Act. 7. The granting of a VBWD permit in no way purports to permit acts which may be prohibited by other governmental agencies. 8. The required surety (see Rule 14) must be submitted prior to the commencement of any permitted activities. Enforcement and Severability 1. The VBWD may exercise all powers conferred upon it by Minnesota Statutes, Chapter 103, in enforcing these Rules and Regulations. 2. If for any reason a section or subdivision of these Rules and Regulations should be held invalid, such decision shall not affect the validity of the remaining Rules and Regulations. 3. These Rules and Regulations shall conform to Minnesota law and if inconsistent therewith, the latter shall govern and these Rules and Regulations are amended accordingly. Appellate Procedure and Review 1. Any person aggrieved by enforcement of these Rules and Regulations or by any Order of the VBWD may appeal there from in accordance with the appellate procedure and review as provided in Minnesota Statutes Chapter 103D. Amendment Procedure 1. Any person may petition the Managers for the purpose of amending or changing these Rules and Regulations. 2. The Managers may initiate changes or amendments to these Rules and Regulations. 3. All changes and amendments to these Rules and Regulations, whether initiated by the Managers or by any other person, will require a majority vote of the Managers. Page 17 Permit Close-Out 1. The Managers will certify completion of a permitted project or element of the project and authorize the release of any required security upon inspection and submittal of information verifying completion of that project or an element of that project in accordance with the approved plans and conditions of the permit. For consideration of permit close-out or a reduction in the security amount, the permit holder must at least 14 calendar days prior to a meeting at which completion is to be considered, provide proof that all required documents have been recorded (including but not limited to easements) and must provide asbuilt drawings. For consideration of completion of an element of a project (partial completion), the permit holder must provide documented proof that all components of the completed project are built according to the approved plan, which may include recording of documents (including but not limited to easements) and as-built drawings. The as-built drawings must include: A. the surveyed bottom elevations, water levels, and general topography of all basins; B. the size, type, and surveyed invert elevations of all pond outlets; C. the surveyed elevations of all pond, street, and other emergency overflows; D. other important features to show that the project was constructed as approved by the Managers and protects the public health, welfare, and safety. E. the surveyed minimum floor elevations and low building opening elevations of constructed structures; F. the required minimum floor elevations for all lots and un-built structures; and G. the locations and elevations of septic systems, if they have been constructed. 2. All surveys must be certified by a Minnesota registered land surveyor. 3. The permit holder must provide documentation that constructed infiltration facilities perform as designed. Methods to document infiltration performance must be approved by the VBWD Engineer prior to documentation. Available options for documentation include: A. Time and date-stamped photographs showing that the infiltration basin drains dry within 48 hours (or 24 hours, if required) after a natural precipitation event approximately equivalent to the design storm. B. Time and date-stamped photographs showing that the infiltration basin drains dry within 48 hours (or 24 hours, if required) after the basin is filled with water from municipal water supply, water trucks, or stormwater ponds. Page 18 C. Double-ring infiltrometer tests or other field tests approved by the VBWD Engineer. 4. The Managers will not release the permit holder’s remaining fee and performance bond or other security until all of information is submitted, all temporary erosion prevention and sediment controls (such as silt fence) are removed, and stormwater ponds and pipes are free of sediment. No activity will be certified as complete if there are any unpaid fees or other outstanding permit violations. Page 19 Rule 2: Stormwater Management Policies 1. To carry out the responsibility of managing the VBWD’s water resources and to implement the goals and policies of the VBWD Plan, the Managers must be informed of all water and wastewater discharges within the VBWD. This includes stormwater runoff, municipal and industrial wastewater discharges, lake augmentation, and any discharge that requires a National Pollutant Discharge Elimination Program (NPDES) permit. 2. All discharges and related improvements must conform to the applicable requirements of State and Federal agencies including, but not limited to, Minnesota Rules Chapter 8410, MPCA stormwater permit requirements, and DNR permit requirements. 3. All stormwater discharges must be in general conformance with the VBWD Plan and local watershed management plans. 4. All discharges and related improvements, including those from municipal or industrial water or wastewater or utilities or soil or groundwater remedial actions, shall not unreasonably raise water levels or degrade the water quality of the waters of the VBWD. 5. Discharges from open-loop and closed-loop geothermal systems to the land or surface waters of VBWD are prohibited. Therefore, open-loop geothermal systems are prohibited. 6. Rate Control: Stormwater and snowmelt runoff rates will be managed so that future peak rates of runoff crossing community boundaries and/or leaving a development are below or equal to existing rates. 7. Volume Control: Stormwater volume will be controlled so that surface water and groundwater quantity and quality are protected. 8. Water Quality: A. All stormwater runoff will be treated at the time of development. B. Developers are encouraged to try new and innovative stormwater management techniques. C. The VBWD will work with local government units to adopt/revise ordinances to allow for runoff pollution prevention methods (e.g., narrower streets, smaller parking lots). D. Projects and development plans will be reviewed to evaluate compliance with VBWD standards. E. Other public agencies will be required to conform to VBWD stormwater quality requirements. Page 20 F. Local watershed management plans will be reviewed for compliance with the VBWD Plan. 9. Submittals will be required for VBWD-permitted projects that must show how the project will meet VBWD requirements for stormwater quality treatment, stormwater rate and volume management, and erosion control. Standards 1. Any permitted activity shall meet the management policies, standards, and criteria set forth in the VBWD Plan. 2. The permit applicant must comply with the requirements of the NPDES Construction Stormwater Permit. For trout streams (projects within the Lake Edith and Valley Creek watersheds), these requirements include temperature control measures ranging from minimizing impervious surfaces (most preferred) to special pond designs. 3. The permit applicant shall complete analyses of stormwater runoff volumes and rates, and flood levels for existing and proposed conditions. Analyses must include the 2-year, 10-year, and 100-year 24-hour storms with VBWDapproved time distribution; the 100- year 10-day snowmelt event; and the VBWD simplified method for landlocked basins (or an approved alternative). Section 4.5 of the VBWD Plan and Rule 5 provide more information about the VBWD simplified method and floodplain management requirements for permit review in general. 4. The following computer programs will be accepted: HydroCAD, XP-SWMM, MIDS Calculator, and TR 20. Other programs may be accepted, but the permit applicant must inquire prior to submitting the computations. Reservoir routing procedures and critical duration runoff events shall be used for design of detention basins and outlets. 5. The peak rate of stormwater runoff from the developed site shall not exceed the existing peak rate of runoff for all critical duration events, up to and including the 100-year return frequency storm event for all points where discharges leave a site during all phases of development. Design criteria shall be the 2-, 10-, and 100-year 24-hour storms with respective 2.8, 4.2, and 7.3-inch rainfall depths with VBWD-approved time distribution and the 7.2-inch 100-year 10-day snowmelt event. The runoff curve number for existing agriculture areas shall be less than or equal to the developed condition curve number. If storm sewer systems are designed for an event less than a 100-year event, the plans and computer modeling analyses must include secondary overflows for events exceeding the storm sewer systems level-of-service up through the critical 100-year event. 6. The stormwater runoff volume must be controlled. The VBWD design standards for controlling stormwater runoff volumes are the following: A. New, Nonlinear Developments: For new, nonlinear developments that create 6,000 square feet or more of new impervious surface on sites without restrictions, stormwater runoff volumes will be controlled and the post-construction runoff volume shall be retained on site for 1.1 inches of runoff from impervious Page 21 surfaces. In other words, the volume retained shall be 1.1 inches times the impervious surface without any abstractions/losses. B. Reconstruction/ Redevelopment Projects: Nonlinear redevelopment projects on site without restrictions that create 6,000 square feet or more of new and/or fully reconstructed impervious surfaces shall capture and retain on site 1.1 inches of runoff from the new and/or fully reconstructed impervious surfaces. C. Linear Projects: For linear projects (roadways, sidewalks, and trails) without restrictions and not part of another development that create 6,000 square feet or more of new and/or fully reconstructed impervious surfaces, shall capture and retain the larger of the following: • 0.55 inches of runoff from the new and fully reconstructed impervious surfaces • 1.1 inches of runoff from the net increase in impervious area D. Sites with Restrictions: If a site has restrictions where infiltration is not feasible or advised, such as karst topography, very fast or very slow infiltrating soils, shallow bedrock, a shallow confining layer/rough terrain, shallow groundwater, Drinking Water Management Supply Areas, and/or potential stormwater hotspots, as determined by the applicant and agreed upon by the VBWD or as determined by the VBWD, the applicant must follow these flexible treatment options, as summarized in the design sequence flow chart in Appendix C. i. Project must first attempt to design the site to achieve retention of at least 0.55 inches of runoff from the proposed impervious surfaces and remove 75% of the annual total phosphorus load leaving all points on the site. Options considered and presented shall examine the merits of relocating project elements to address varying soil conditions and other constraints across the site. ii. If the project cannot achieve the standards listed in Standard 6Di above, the project shall achieve volume reduction to the maximum extent practicable and remove 75% of the annual total phosphorus load leaving all points on the site. Options considered and presented shall examine the merits of relocating project elements to address varying soil conditions and other constraints across the site. iii. If the project cannot achieve the standards listed in Standard 6Dii above, the project shall achieve volume reduction to the maximum extent practicable and remove 60% of the annual total phosphorus load leaving all points on the site. Options considered and presented shall examine the merits of relocating project elements to address varying soil conditions and other constraints across the site. Page 22 iv. Off-site mitigation (including banking or cash or treatment on another project) will be considered by the VBWD on a case-by-case basis. In all cases, the receiving water shall be protected. E. Additional Stormwater Volume Requirements and Design Standards i. The permit applicant must complete the VBWD’s stormwater volume checklist (see Appendix A). ii. Sites within the Valley Creek and Lake Edith Watersheds ultimately drain to a trout stream, and must comply with the Minnesota Pollution Control Agency (MPCA) NPDES Construction Stormwater Permit standards. iii. Infiltration facilities must drain down within 48 hours, as required by the MPCA NPDES Construction Stormwater Permit. For sites within the Valley Creek, Lake Edith, Kelle’s Coulee, and Swede Hill Creek watersheds, infiltration facilities must drain down within 24 hours, as required by the MPCA Construction Stormwater Permit. For stormwater volume control management facilities above ground with vegetation (e.g., bioretention basins), the period of inundation shall be calculated using the maximum water depth below the surface discharge elevation and the soil infiltration rate. The maximum water depth for stormwater volume control management facilities above ground with vegetation (e.g., bioretention basins) is 1.5 feet. iv. Infiltration facilities should be located in permeable soils and a minimum 3-foot distance is required from the bottom of the practice to the seasonally high water table, bedrock or other impeding layer per the MPCA NPDES Construction Stormwater Permit. v. Infiltration facilities must conform to the minimum setbacks required by the Minnesota Department of Health, as summarized below: MN Department of Health Minimum Setbacks for Infiltration Facilities2 Setback Minimum From Distance (feet) Property Line 10 Building Foundation (with slopes directed away from building) 10 Private Well and Public Water Well 50 Septic System Tank/Leach Field 35 2 Pages 437 and 440 of Minnesota Pollution Control Agency’s The Minnesota Stormwater Manual, November 2005 Page 23 vi. For an infiltration facility with a tributary area of two acres and less, and with less than 0.7 acres of impervious surfaces, at least 50% of the in-flow volume from impervious surfaces must be pre-treated prior to entering the feature. Pre-treatment can consist of vegetative swales, filter strips, sediment forebays/traps, grit chambers or other measures. vii. For an infiltration facility with a tributary area of greater than 2 acres or 0.7 acres or more of impervious surfaces, 100% of the in-flow volume from impervious surfaces must be pre-treated prior to entering the feature. Pre-treatment for these facilities must be designed to remove at least 25% of the inflow sediment loads. viii. For proposed infiltration facilities with drainage areas of two acres or more or with 0.7 acres or more of impervious surfaces, a soil boring with blow counts will be required. The soil boring will be required to go to a depth of at least five feet below the proposed bottom of the infiltration facility. If fractured bedrock is suspected, the soil boring should go to a depth of at least ten feet below the proposed bottom of the infiltration facility. The soils will be classified using the Unified Soil Classification system. The least permeable soils horizon will dictate the infiltration rate. ix. The permit applicants are encouraged to make detailed analyses and accurately determine the infiltration rates of the proposed infiltration facility. However, in the absence of a detailed analysis, the VBWD Engineer’s recommendations and requirements shall be based upon the following rates: Page 24 VBWD Soil Infiltration Rates Proposed Infiltration Facility with Drainage Area Less than 2 Acres And Less than 0.7 Acres of Impervious Surfaces Hydrologic Soil Infiltration Group Based on Rate Soil Survey (inches/hour) A 0.8 B 0.3 C 0.2 D Infiltration not feasible or unlikely to be successful without soil corrections. See Standard 6D, Sites with Restrictions. Proposed Infiltration Facility with Drainage Area 2 Acres or More Or 0.7 Acres or More of Impervious Surfaces Unified Soil Infiltration Rate Classification (inches/hour) GW, GP, SW 1.6 SP 0.8 GM1, SM1 0.5 All Others Infiltration not feasible or unlikely to be successful without soil corrections. See Standard 6D, Sites with Restrictions. 1 The VBWD highly recommends that the GM and SM soils be collected and analyzed by a laboratory to determine the appropriate infiltration rate. 7. An infiltration facility must be designed so that volumes in excess of the design volume are safely conveyed into the downstream stormwater system. 8. To prevent soil compaction, the proposed infiltration facility must be staked off and marked during construction to prevent heavy equipment and traffic from traveling over it. If infiltration facilities are inplace during construction activities, sediment and runoff must be kept away the facility, using practices such as diversion berms and vegetating around the facility’s perimeter. Infiltration facilities must not be excavated to final grade until the contributing drainage area has been constructed and fully stabilized. The final phase of excavation should remove all accumulated sediment and be done by light tracked equipment to avoid compaction of the basin floor. To provide a wellaerated, highly porous surface, the soils of the basin floor should be loosened to a depth of at least 3 feet prior to planting. For sites where blow counts per foot exceed 10, the soils of the basin floor should be loosened to depth of at least 5 feet prior to planting. The upper 10 inches of soil should also be tilled prior to planting. Page 25 9. As specified in the close-out process in Rule 1, prior to the release of any remaining fee or security, the permit holder must provide documentation that constructed infiltration facilities perform as designed. 10. The determination of whether a design will result in an erosion problem shall be based on generally accepted engineering design manuals or practices. 11. Best Management Practices shall meet the standards established in the VBWD Plan for runoff water quality management and erosion control plans. 12. A maintenance agreement in the general format of Appendix B as revised and updated by the VBWD (attorney) is required prior to issuance of a VBWD permit, unless the VBWD has a memorandum of understanding for the city or township in which the site lies. For sites within Minnesota Department of Transportation right-of-way, no maintenance agreement is required. 13. Land used for stormwater management facilities shall be preserved by dedication and/or perpetual easement to the Valley Branch Watershed District. These easements shall cover those portions of the property which are adjacent to the facility and which lie below the 100-year flood elevation. Adequate access must be provided to all stormwater management facilities for inspection, maintenance, and landscaping upkeep, including appropriate equipment and vehicles. For sites within a city or township in which the VBWD has a memorandum of understanding, the easement shall be granted to that city or township. For sites within public right-of-way, no easement is required. Page 26 Rule 3: Erosion and Sedimentation Control Policies 1. To minimize the erosion which can occur as a result of land alteration, the Managers require that all projects which may affect the waters of the VBWD implement temporary and permanent erosion control measures. The permit applicant shall be responsible for removal of all temporary measures upon completion of the project. 2. A permit will not be required for usual agricultural practices, but the Managers will encourage good conservation measures. 3. If an erosion problem develops, the Managers will require action to correct the problem and prevent recurrence. 4. Submittals will be required for VBWD-permitted projects that must show how the project will meet the VBWD requirements for preventing sediment from leaving a site and for controlling erosion. Standards 1. The Metropolitan Council’s Minnesota Small Sites Best Management Practices Manual shall serve as the minimum guidelines for erosion control measures. 2. All activities shall be in compliance with the NPDES Construction Stormwater Permit as administered by the MPCA. (See Appendix E.) 3. If grading activities are proposed upstream of wetlands, appropriate sediment-control practices are required. All dikes, ditch checks, sediment ponds and other features shall be designed in accordance with the erosion control plan requirements of the VBWD’s Plan. 4. Plans shall include commonly accepted restoration methods. 5. Any disturbed areas shall be seeded and mulched within 7 days after the area is no longer actively being worked. All exposed soil areas with a slope of three feet horizontal to one foot vertical (3H:1V) or steeper must have temporary erosion protection or permanent cover within 3 days after the area is no longer actively being worked. The Managers may, if requested and conditions warrant, allow more time before seeding and mulching is required. 6. All erosion and sediment control measures shall be installed prior to alteration and shall be maintained until turf is established. The VBWD Engineer and/or VBWD Inspector shall be notified three days prior to commencement of grading to schedule an inspection of the project's erosion controls. The erosion controls must be in place and properly installed before grading will be permitted. 7. All construction-related sediment shall be removed from ponding areas upon completion of construction. Page 27 Rule 4: Wetland Management and Vegetative Buffers Policies 1. To protect the quantity, quality, and biological diversity of the wetlands within the VBWD, all projects below the 100-year flood level of a wetland will be regulated by the VBWD Managers. 2. The VBWD has adopted the Minnesota Wetland Conservation Act of 1991, (Minnesota Laws 1991 Chapter 354, codified as Minnesota Statute Sections 84 and 103, as amended), and the accompanying rules of the BWSR (Minnesota Rules Chapter 8420, as amended), herein referred to as the WCA and the WCA Rules, respectively. 3. The VBWD will continue as the Local Government Unit (LGU) administering the WCA throughout the VBWD, as long as the cities and townships in VBWD continue to designate the VBWD as the LGU. The LGU responsible for administering the WCA on state land is the agency with responsibility for the land. For all projects requiring a VBWD permit, the VBWD will continue to administer the wetlands management provisions of its rules and regulations, regardless of LGU status for the WCA. In addition, in the event that the WCA should ever be repealed, the VBWD will incorporate the WCA requirements into the VBWD rules and regulations. 4. The VBWD will continue to accept the DNR’s waived permit jurisdiction for Public Waters Work Permit program projects on a caseby- case basis. In these cases, a DNR representative will be included on the Technical Evaluation Panel (TEP). 5. Upland vegetative buffers will be required adjacent to lakes, streams, and wetlands because they reduce the amount of phosphorus from runoff, prevent shoreline erosion, discourage waterfowl nesting/feeding, and provide additional wildlife habitat. Standards and Procedures 1. The WCA, as amended, and its implementing rules as set forth in Minnesota Rules Chapter 8420, as amended, are incorporated into this rule and shall govern in all cases where the VBWD is the LGU responsible for administering the WCA with any exceptions and additions defined elsewhere in these Rules. 2. Any wetland alteration shall not reduce the existing storage volume in the immediate watershed. Storage volume will be determined as stated elsewhere in these Rules. Wetland alterations shall meet all other requirements of these Rules. 3. A pre-permit application meeting between the permit applicant and the VBWD or TEP is strongly encouraged for all projects involving potential wetland impacts and wetland banks. Page 28 4. All wetlands within the property of the permitted project shall: A. Have boundaries and types determined by methodologies set forth in Minnesota Rules Chapter 8420.0405, as amended, B. Be evaluated with the Minnesota Routine Assessment Method for Evaluating Wetland Functions, Version 3.4 (MNRAM 3.4) or updated versions, and 5. Be classified according to VBWD’s wetland management classification system (see Appendix D). Based on the wetland’s management classification, proposals must conform to the wetland management standards and guidelines shown in Appendix D, Table D-2.In addition to the requirements of the WCA for replacement wetlands, the replacement wetlands, including the purchase of wetland bank credits, shall be located within the VBWD, unless the Managers find the need for exception. 6. The VBWD may permit the excavation of some wetlands. However, no excavation will be allowed in wetlands classified as Type 7 or Type 8 wetlands as defined by the Circular 39 classification system developed by the U.S. Fish and Wildlife Service. Excavations in Type 3, 4, and 5 wetlands are regulated activities under the WCA and may require replacement. The VBWD may permit excavation in existing wetlands when the following apply: A. The applicant can show that the activity will not affect all property owners contiguous to the wetland. B. The excavated spoil material will not be placed within a wetland. C. The wetland is a Manage 2 wetland, as classified in Appendix D. D. No more than 50 percent of a Type 1, 2, or 6 wetlands is excavated, unless it is an approved action as stated in Minnesota Rules 8420.0526 and will not result in a conversion of wetland to upland or deep water habitat (greater than 2.0 meters). Considerations will be given to allow excavations of existing wetland areas so that adjacent replacement wetlands are hydrologically and ecologically connected to existing wetlands or if the proposed excavation is certain to result in greater functions and values as determined by MNRAM 3.4 or an updated version. 7. In addition to the requirements of the WCA for wetland banking applications, two of the three TEP members must meet on the site prior to the LGU decision. The permit applicant is responsible for obtaining all other permit approvals (i.e., U.S. Army Corps of Engineers). 8. The applicant is to provide all copies needed for proper distribution and recording at the time application is made. 9. For all projects which may decrease the quantity, quality, or biological diversity of a wetland, including projects that may qualify for a WCA exemption or No Loss, the applicant shall submit five copies of the Combined Wetland Permit Application (CWPA) and one VBWD permit application form for consideration. Once the CWPA has been Page 29 received, the VBWD will follow the completeness review, notification, and review procedures defined in the WCA. The VBWD may determine a CWPA is incomplete when seasonal constraints prevent on-site review and verification of the wetland delineation. The VBWD will review the application based on the policies and standards of the VBWD Plan, the WCA, and these Rules. The permit applicant and any TEP member can request a meeting to further discuss the CWPA at any time between the Notice of Application and the Notice of Decision. After the TEP has been given opportunity to review and comment on the CWPA, the VBWD will consider the TEP comments and decide if the CWPA conforms to the WCA rules, the VBWD Plan, and these Rules. 10. Prior to the VBWD issuing a permit for the construction of wetland replacement sites, the permit applicant must submit a draft Declaration of Restrictions and Covenants, an Affidavit of Landowner, and Consent to Replacement Wetland. Once the VBWD Attorney has approved the draft Declaration of Restrictions and Covenants, which shall include a metes and bounds survey of the wetland replacement area, the Declaration of Restrictions and Covenants must be recorded. Proof of recording the Declaration of Restrictions and Covenants and Consent to Replacement Wetland, along with a signed and notarized Affidavit of Landowner must be submitted to the VBWD Attorney prior to impacting a wetland. 11. Decisions made under the WCA may be appealed to the BWSR under WCA Rules part 8420.0905.The applicant shall post a cash surety or letter of credit equivalent to 150 percent of the estimated cost of the replacement wetland, to be determined by the permit applicant and approved by the VBWD Engineer, including: the cost to construct, vegetate, conduct at least five years of effective vegetation management, monitor (consisting of at least three site visits during each growing season for at least five years), and create and publish annual monitoring reports; or the cost of obtaining and finalizing the purchase of suitable wetland banking credits. Additional cash sureties may be required based upon conditions imposed on the applicant by the VBWD. 12. In accordance with the WCA Rules part 8420.0810, replacement wetlands and wetland bank sites will require monitoring, vegetation management, and the submittal of annual reports to the TEP and VBWD by October 1 of each monitoring year for five years after construction certification with possible extensions of up to five years. Monitoring programs and the submittal of annual reports to the TEP are the responsibility of the applicant and are to be performed according to the WCA Rules. If the permit holder fails to submit an annual report to the TEP, VBWD will pursue enforcement action, per WCA or prepare the annual monitoring report at the expense of the permit holder. The VBWD may perform vegetation management under some circumstances, at the expense of the applicant. If at the end of five years, the replacement wetland components meet the approved performance standards, future monitoring will not be required. If the project fails to meet the goals of the approved wetland replacement plan, VBWD will take enforcement actions, per WCA, or conduct wetland replacement at the expense of the permit holder. Page 30 13. Upland Vegetative Buffer Strips. Upland buffer vegetation shall be provided around wetlands, streams, and lakes as discussed in the following paragraphs and Rule 4, Standard 6c. Native, non-invasive vegetation is preferred. Buffer vegetation shall not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality, each as approved by the VBWD or when implemented pursuant to a written agreement executed with the VBWD. No new structure or impervious surface shall be placed within a buffer. Grading within upland buffers must result in slopes of five feet horizontal to one foot vertical or flatter with eight feet horizontal to one foot vertical buffers encouraged. No fill, debris or other material shall be excavated from or placed within a buffer without VBWD approval. A. Wetlands: A minimum 25-foot vegetative buffer strip immediately adjacent and contiguous to the delineated wetland boundary or the Ordinary High Water level (OHW), whichever is greater in elevation, shall be provided for all permitted activities. Average buffer widths at wetlands shall conform to Appendix D. A mowed access path within the buffer is allowed, but must not exceed a width of 6 feet. Access paths shall not be located where concentrated runoff will flow to the wetland. B. Streams: i. Valley Creek: A minimum 100- foot vegetative buffer strip measured perpendicular from the edge of water on each side of the creek shall be provided and maintained at all times for all permitted activities adjacent to the perennial portion of Valley Creek. Exceptions from this requirement for areas, such as water crossings, are allowed if the permit applicant fully documents the circumstances and reasons that the buffer encroachment is necessary. A mowed access path within the buffer is allowed, but must not exceed a width of 6 feet. Access paths shall not be located where concentrated runoff will flow to the creek. ii. Raleigh Creek & All Intermittent Streams (including the intermittent reaches of Valley Creek): An average 50-foot wide vegetative buffer strip and a minimum 25-foot wide foot vegetative buffer strip measured perpendicular from and on both sides of the centerline shall be provided and maintained at all times for all permitted activities adjacent to the stream. Exceptions from this requirement for special situations, such as water crossings, are allowed if the permit applicant fully documents the circumstances and reasons that the buffer encroachment is necessary. A mowed access path within the buffer is allowed, but must not exceed a width of 6 feet. Access paths shall not be located where concentrated runoff will flow to the creek. Drainageways that serve local projects (such as road ditches) and convey runoff to a stormwater management facility prior to draining to a stream or other VBWD water are not considered intermittent streams by the VBWD and are not required to have vegetative buffers. Page 31 C. Lakes: A minimum 35-foot wide buffer strip measured perpendicular to the OHW extending 35 feet inland shall be provided. A mowed access path and shoreline is allowed, but must not exceed 30% of the landowner’s shoreline width or 30 feet, whichever is less. For shorelines less than 20 feet wide, a 6 foot-wide access path is allowed. Access paths shall not be located where concentrated runoff will flow to the lake. For this rule, lakes are defined as Silver Lake, Long Lake, Lake DeMontreville, Lake Olson, Lake Jane, Lake Elmo, Horseshoe Lake, Lake Edith, and Sunfish Lake. Other non-stormwater pond basins will be considered wetlands and will need to conform to the required vegetative buffers discussed elsewhere in these Rules. (These lakes are the VBWD waters with a “P” designation in the Minnesota Department of Natural Resources’ public water inventory. Acorn Lake and Eagle Point Lake were given a “P” designation, but are considered wetlands by the VBWD because of their shallow depths.) D. Stormwater Ponds: A stormwater pond is a pond constructed in an upland area with a permanent pool, the purpose of which is to treat stormwater runoff. A minimum 10-foot wide buffer strip measured perpendicular from the normal water elevation extending 10 feet inland shall be provided. E. Exceptions: i. For roads and sites with existing homes, if a VBWD permit is needed for an activity, the buffer widths listed in these Rules and Regulations are strongly encouraged, but may not be feasible and practical. The VBWD Managers will review these situations on a case-by-case basis. ii. For streambank and shoreline stabilization projects, the buffer widths listed are strongly encouraged, but not required. Page 32 Rule 5: Floodplain Management Policies 1. It is in the best interest of the public health, safety, and welfare that the Managers regulate the development and the use of floodplains. 2. Alterations or work within the floodplain or waters of the VBWD will be reviewed to: A. control floodplain encroachments B. prevent adverse environmental impact Standards 1. Flood Level Determination A. Ultimate development of the tributary watershed shall be assumed. B. Design criteria shall be the 2-, 10-, and 100-year storms. The 100- year 10-day snowmelt event shall also be modeled. See Rule 2, Standard 5. C. Flood levels shall be either determined or approved by the VBWD Engineer. D. Many depressions within the VBWD are landlocked. That is, they have no surface water outlet. Because there is no surface outlet, runoff collecting in these depressions is removed only by seepage and evaporation. Under these circumstances, a detailed flood level analysis should include the effects of seepage and evaporation. Analysis of this type can be very complex. In order to determine appropriate flood levels for these depressions, a simpler method of analysis was devised. With this method, the approximate 100-year flood level is determined using the annual runoff volumes shown in the following table: VBWD Simplified Method Runoff Volumes for Calculating Flood Levels of Landlocked Depressions Differences; 100-Year Average Net Annual Annual 100-Year Land Runoff Runoff Annual Use Volume Volume Volume (inches) (inches) (inches) Impervious 32 16 16 Turfed 18 8 10 Water Surface 12 -6 18 For a natural landlocked pond, the average year's runoff volume is assumed to be dissipated by the average seepage rate of the pond. The additional runoff for a wet Page 33 year is assumed to be stored in the pond above the normal pond level (the long-term average water level of the pond). If the applicant can demonstrate that seepage will be greater than is assumed by this method, a less conservative flood level may be accepted. The 100-year flood level is the level at which the depression will store the runoff volume calculated using the above table and the tributary watershed. Storage below the normal water level of the depression shall not be included in the computations. To use the land within the VBWD to the maximum extent desirable, the communities and developers are encouraged to make detailed analyses and accurately determine 100-year flood levels. However, in the absence of a detailed analysis, the VBWD Engineer’s recommendations and requirements shall be based upon flood levels determined using the above approximate method. 2. Minimum Building Elevations A. Adjacent to all waters of the VBWD, the Managers shall set the minimum building elevation at two feet above the 100-year flood elevation. The minimum building elevation for each lot shall be noted on the grading plan. B. The VBWD Managers may deviate from their usual minimum building elevation requirement if the applicant provides site-specific data (e.g., soil borings) that show buildings will be protected from flooding. 3. Floodplain Preservation and Uses A. Floodplains adjacent to existing and future waters and waterways shall be preserved by dedication and/or perpetual easement to the VBWD. These easements shall cover those portions of the property which are adjacent to the water or waterway and which lie below the 100-year flood elevation. B. Filling and crossing of waters of the VBWD. i. Lakes, ponds and storage sites: Fill volumes shall be limited so that the cumulative effect of all possible filling will not raise the 100- year flood level more than 0.1 foot. ii. Waterways: Fill and other alterations shall be limited so that the cumulative effect of all possible alterations shall not increase the 100-year flood level more than 0.5 foot. C. The Board of Managers may determine that certain areas of the VBWD are or will be in a flood situation and will not allow any filling until the situation has been corrected. D. Uses of Floodplain Adjacent to Waters of the VBWD i. Buildings or other improvements to be located in the floodplain or materials to be stored in the floodplain will be permitted only when: Page 34 a. It can be shown that the building or improvements to be located in the floodplain will not be significantly damaged by flooding. b. It can be shown that the improvements and materials will not unreasonably endanger life or property. c. It can be shown that the improvements and materials will not unreasonably affect the water resource. 4. Floodplain Alterations A. Alterations which will unreasonably impact another community will not be permitted. Such alterations may include: The outletting of landlocked ponds to another community and modifying lake outlet elevations. B. Alterations which will unnecessarily impact the waters of the VBWD will not be permitted. C. Alterations not in conformance with the VBWD Plan and applicable Minnesota Law will not be permitted. Page 35 Rule 6: Illicit Discharge and Connection Policies 1. The VBWD will regulate the contribution of pollutants to the District’s municipal separate storm sewer system (MS4) by any user; 2. The VBWD will prohibit Illicit Connections and Discharges to the District’s MS4; 3. The VBWD will carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Rule; 4. The VBWD will require a District permit for new direct connections, changes to existing hydrology, and other impacts related to the proper function, access, and maintenance to the District’s MS4 or easements; 5. The VBWD will not allow new direct connections or other impacts to the District’s MS4 if the connection shall cause or exacerbate water conveyance or structural problems in the system, including but not limited to surcharging and flooding. 6. This Rule shall apply to all water entering the storm drain system of VBWD’s MS4 generated on any developed and undeveloped lands unless explicitly exempted by VBWD. A permit and stormwater management plan is required under this rule for new direct connections, replacement of existing connections, changes to existing hydrology, or other impacts to the Beltline Interceptor, other components of VBWD’s MS4, or its easements. 7. In this Rule, pollutant is defined as anything which caused or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that some may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Standards 1. Connection to the VBWD’s MS4 System A. New direct connections and replacement of existing connections shall be completed using a method that is approved by the VBWD. B. Peak flow rate, the total volume of flow, and the timing of the flow for new connections must be managed to not cause new water conveyance problems or exacerbate existing water conveyance problems. Page 36 2. Discharge Prohibitions A. Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. B. Prohibition of Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system without a VBWD permit is prohibited. i. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. ii. A person is considered to be in violation of this Rule if the person connects a line conveying sewage to the VBWD’s MS4, or allows such a connection to continue. 3. Suspension of MS4 Access A. Suspension due to Illicit Discharges in Emergency Situations. The VBWD may, without prior notice, suspend MS4 discharge access when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to VBWD’s MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, VBWD may take such steps as deemed necessary to prevent or minimize damage to VBWD’s MS4 or Waters of the United States, or to minimize danger to persons or the environment. B. Suspension due to the Detection of Illicit Discharge. Any person discharging to the VBWD’s MS4 in violation of this Rule may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The VBWD shall notify a violator of the proposed termination of its MS4 access. The violator may petition the VBWD for a reconsideration and hearing. A person commits an offense subject to enforcement if the person reinstates MS4 access to facilities terminated pursuant to this Section, without the prior approval of the VBWD. 4. Monitoring of Discharges A. Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity. B. Access to Facilities i. The VBWD shall be permitted to enter and inspect facilities subject to regulation under this Rule as often as may be necessary to determine compliance with this Rule. The discharger shall make the necessary arrangements to allow access to representatives of the VBWD. Page 37 ii. Facilities operators shall allow VBWD ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law. iii. If the VBWD has been refused access to any part of the premises from which stormwater is discharged; VBWD may seek issuance of a search warrant from any court of competent jurisdiction. 5. Requirement to Prevent, Control, and Reduce Stormwater Pollutants by the Use of Best Management Practices. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required by VBWD to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. 6. Watercourse Protection. Every person owning property through which a watercourse passes shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures shall not become a hazard to the use, function, or physical integrity of the watercourse. 7. Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which result or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or water of the U.S., said person shall take all necessary steps to ensure the containment and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the release. In the event of a release of nonhazardous materials, said person shall notify VBWD in person or by phone or facsimile no later than the next business day following discovery of the release. 8. Enforcement. A. Notice of Violation. Whenever the VBWD finds that a person has violated a prohibition or failed to meet a requirement of this Rule, VBWD may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: i. The performance of monitoring, analyses, and reporting; Page 38 ii. The elimination of illicit connections or discharges; iii. That violating discharges, practices, or operations shall cease and desist; iv. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; v. Payment of a fine to cover administrative and remediation costs; and/or vi. The implementation of source control or treatment BMPs. B. Abatement. If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work shall be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. C. Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the VBWD. The notice of appeal must be received within 5 days from the date of the Notice of Violation. Hearing on the appeal before the VBWD Board of Managers shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the VBWD shall be final. D. Enforcement Measures after Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 3 days of the decision of the VBWD Board of Managers, then representatives of the VBWD are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow VBWD or its agents to enter upon the premises for the purposes set forth above. E. Cost of Abatement. VBWD may assess costs for abatement. Within 30 days after abatement of the violation, the VBWD shall notify the property owner of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 10 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. F. Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Rule. If a person has violated or continues to violate the provisions of this Rule, the VBWD may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. Page 39 G. Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Rule is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. H. Relation to Other Rules. None of the enforcement provisions of this Rule shall abridge or alter the right of the VBWD to seek remedies provided for under Rule 1 herein. I. Exceptions i. The following discharges are exempt from discharge prohibitions established by this Rule: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), street wash water, and firefighting activities. ii. Discharges specified in writing by the VBWD as being necessary to protect public health and safety. iii. Dye testing is an allowable discharge, but requires a verbal notification to the VBWD prior to the time of the test. iv. Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. Page 40 Rule 7: Groundwater Management Policies 1. Negative impacts (e.g., reduced flow to surface water bodies, lowered lake or wetland levels, well interference) to groundwater dependent resources will be prevented through permit review, community plan review, and education efforts. 2. Negative impacts (e.g., flooding) to surface waters due to groundwater quality mitigation efforts (e.g., pump-out systems) will be prevented through permit review, community plan review, and education efforts. Standards 1. See other Rules, including but not limited to Rule 2, Rule 4, and Rule 5. Page 41 Rule 8: Individual Sewage Treatment Systems Policies 1. Since septic systems are already regulated by the MPCA, the counties and the communities, VBWD will not take on this role, but VBWD will cooperate with other units of government to address specific concerns or issues. 2. VBWD supports Washington County’s requirement that septic systems not be placed within drainage easements, which effectively prevents installation of septic systems within the 100-year floodplain of VBWD waters. (See Rule 5, Standard 3A.) Page 42 Rule 9: Water Appropriations Policies 1. To manage the water resources of the VBWD, the Managers must be informed of the proposed appropriation of ground and/or surface waters. 2. The Managers require that the effect of the proposed appropriation be defined before approval is granted. Standards 1. In all cases of appropriation of waters requiring a DNR permit, a copy of the permit application must be filed with the Managers for their review and comment. 2. The Managers will act on the DNR permit application within 30 days, or as required by the DNR, after receipt of the complete application. Page 43 Rule 10: Fees Policies 1. The Application Fee is to be used to defray the VBWD’s review, inspection, and administration costs. The amount of the application fee is set by the Managers and can be found by contacting the VBWD. Any costs incurred by the VBWD greater than the submitted fee will be billed to the applicant. 2. No fee is required by governmental units applying for a VBWD permit. 3. Any unused portion of the fee over $500 will be returned to the permit holder. Page 44 Rule 11: Sureties and Performance Bonds Policies 1. To assure compliance with these Rules, the Managers may require the posting of a performance bond or other security where it is shown to be reasonable and necessary under the particular circumstances of any permit application filed with the VBWD. 2. Where a municipality or other governmental agency includes in its requirements that the applicant furnish a performance bond or other security, the VBWD may require an additional performance bond from the applicant. 3. At the Managers’ discretion, the VBWD may reduce the amount of the security held for a project if the permit holder requests a reduction with documentation of the project’s progress. Page 45 Rule 12: Variances Policies 1. The Managers may grant variances from these Rules when they 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 these Rules, or the VBWD Plan. 2. In considering the variance, the Managers shall consider the effect upon the entire VBWD and VBWD Plan. 3. An 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. 4. The Managers shall approve or deny the variance within 60 days of receipt of a complete variance application. Page 46 Rule 13: Local Government Responsibilities Policies 1. The communities are responsible for: A. Land use plans and zoning ordinances B. Local watershed management plans C. Shoreland and floodplain ordinances The Managers will review these plans and documents to minimize adverse impacts to the waters of the VBWD and to ensure regional water management needs are included in the local watershed management plans. 2. Communities are responsible for enforcing minimum building elevations established by the VBWD. 3. Communities are responsible for maintaining stormwater management facilities where easements covering the facility have been granted to the community or to support the VBWD in using the easement to maintain the facility. 4. Communities shall submit copies of developers’ agreements and/or grading permits of proposed subdivisions and development plans for review by the VBWD. 5. In cases of mining operations, a copy of the permit application must be filed with the Managers for their review and approval. CERTIFICATION I hereby certify that I have compared the foregoing copy of the Rules and Regulations of the Valley Branch Watershed District with the original thereof contained in the files and records of my office and I find the same to be true, complete, and correct; I further certify that said Rules and Regulations were adopted by the unanimous vote of the managers of the Valley Branch Watershed District. Dated: December 12, 2013 /s/ Jill Lucas Jill Lucas, Secretary PUBLICATION AND EFFECTIVE DATE The Managers shall cause to be published in a legal newspaper, published in the counties of the Valley Branch Watershed District, a copy of these Rules and Regulations as adopted. The Managers shall also file and record a certified copy of these Rules and Regulations in the office of the County Recorder of the counties of the Valley Branch Watershed District. These Rules and Regulations are adopted this 12th day of December, 2013, by the Board of Managers of the Valley Branch Watershed District pursuant to Minnesota Statutes, Chapter 103, following a public hearing held on December 12, 2013. /s/ David Bucheck David Bucheck, President /s/ Jill Lucas Jill Lucas, Secretary (Oakdale-Lake Elmo Review: Jan. 29, Feb. 5, 2014)


SUMMARY OF PROCEEDINGS WASHINGTON COUNTY BOARD OF COMMISSIONERS JANUARY 28, 2014 Present were Commissioners Fran Miron, District 1; Ted Bearth, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Lehrke presided. Commissioner Reports – Comments – Questions The Commissioners reported on the following items: - Commissioner Miron – reported that the 6th Annual 4-H Clover Gala will be held on February 15 at the Lowell Inn Event Center starting at 5:30 p.m.; - Commissioner Lehrke – reported that the Red Rock Corridor held a public hearing on the Alternative Bus Rapid Transit as the preferred mode and written comments will be open until February 14, 2014; and she and staff presented the Red Rock Corridor public hearing information to the Metropolitan Council. Community Services Approval of the following actions: - Amendment #1 to contract with Episcopal Church of the Ascension for parent support outreach services; - Amendment #3 to Canvas Health contract to extend the contract through March 31, 2014; - Group Residential Housing (GRH) agreement with Canvas Health to provide GRH in select apartment buildings. General Administration Approval of the following actions: - January 21, 2014 Board meeting minutes; - Metropolitan Mosquito Control District presented annual report; - Reminder of legislative meeting with county legislative delegation at 4:00 p.m. at the Oak Marsh Golf Course; - Board correspondence was received and placed on file; - Board workshop held to discuss the consultant’s progress on the county Economic Development Study; - Board workshop held to discuss the revised funding guidelines for the Land and Water Legacy Program. Information Technology Approval to purchase continued software licensing and support of the Oracle JD Edwards Enterprise One software. Public Health and Environment Approval of the following actions: - Agreement with Maren Marks and Mary Storkan, independent contractors to use county property to provide onsite county employee Wellness activities; - Application to the Minnesota Department of Health for the Statewide Health Improvement Program (SHIP) implementation funding; - Commissioner Awards presented to Kathy Bystrom and Ann DeLaVergne for contribution in SHIP activities. Regional Railroad Authority The Regional Railroad Authority (RRA) met and approved the following actions: - Autumn Lehrke elected Chair and Gary Kriesel elected Vice Chair of the RRA for 2014; - RRA meeting minutes from November 5, 2013 approved. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. (Oakdale-Lake Elmo Review: Feb. 5, 2014)


SECTION 0100 – ADVERTISEMENT FOR BIDS WELL NO. 4 CONNECTING WATERMAIN IMPROVEMENTS PROJECT NO. 2013.131 FOR THE CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA Notice is hereby given that sealed bids will be received, publicly opened, and read aloud by representatives of the City of Lake Elmo, Minnesota, at City Hall, 3800 Laverne Avenue N., Lake Elmo, Minnesota 55042, at 2:00 PM CST, on Thursday, February 20, 2014. Bids are for furnishing all work and materials for the construction, complete in place, of the Well No. 4 Connecting Watermain Improvements Project, consisting of the major work items in the following approximate quantities: 4,350 LF 12” HDPE Watermain, Directional Drill 435 LF 1”-1.5” Type “K” Copper Water Service, Directional Drill 70 LF 1”-1.5” Type “K” Copper Water Service 8 EA 6”-12” Gate Valves 8 EA Hydrants Bids must be submitted on the Proposal Forms provided in accordance with the Contract Documents, Plans and Specifications as prepared by Bolton and Menk, Inc., www.boltonmenk. com, which are on file for inspection in the office of the City Clerk and City Engineer. Complete digital Proposal Forms, Plans, and Specifications for use by Contractors submitting a bid are available at www.QuestCDN.com. Digital plan documents may be downloaded for a non-refundable fee of $25.00 by inputting Quest Project No. 3048863 on the website’s Project search page. Please contact QuestCDN at (952) 233-1632 or info@QuestCDN.com for assistance in free membership registration, downloading, and working with this digital project information. Contractors desiring drawings, specifications and related documents for the purpose of submitting a bid may also secure a digital CD set from the office of the City Engineer for a fee of $25.00 for each set. The fee will not be refunded. Mail orders for Plans and Specifications, and orders for printed paper Plans and Specifications will not be taken by the City. Bids will only be accepted from Contractors who purchase Bidding Documents as specified above. No bid will be considered unless sealed and filed with the City Clerk prior to the time noted above for the closing of the bids, and accompanied by a certified check, cash, or bid bond in an amount not less than five percent (5%) of the total bid as a guarantee that the bidder, if successful, will enter into a contract with the City to perform the work described in the proposal. This deposit will be subject to forfeiture as provided by law. The deposits for the three lowest bidders will be retained by the City until the contract has been awarded and executed but not longer than sixty (60) days. No bid may be withdrawn for a period of sixty (60) days following the bid opening. The City reserves the right to reject any or all bids, to waive informalities or to award the contract to the lowest responsible bidder, in the best interest of the City. Dated: January 21, 2014 Adam Bell, City Clerk City of Lake Elmo (Oakdale-Lake Elmo Review: Jan. 29, Feb. 5, 2014)


NOTICE OF SALE The following goods will be sold at Public auction to cover storage liens. Sale to be conducted at North Star Mini Storage, 7353 15th Street North, Oakdale, MN 55128, at 10:00 a.m. on Wednesday, February 26, 2014. North Star Mini Storage L.P. reserves the right to accept or reject any or all bids. Terms of the sale are cash only. Unit 1033 Cameron Fletcher 2579 Burke Ave E St Paul, MN 55109 Furniture, Misc. & Boxes Unit 2306 Lila Schaaf 1743 North Hale Oakdale, MN 55128 Furniture, Misc. (Oakdale-Lake Elmo Review: Feb. 5, 19, 2014)


 

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