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CAS-14_MOON VALLEY AGGREGATES - 100 FLYING CLOUD DRIVEAugust 28, 2018 "( 09- 1`i 0 CITY OF CHANHASSEN Chanhassen is a Communilyfor life- ProvidingforToday and PlanningforTomorrow Mr. Michael Baier Terry Bros. Moon Valley, LLC 530 West 7911 Street P.O. Box 340 Chanhassen, MN 55317 Re: Moon Valley, Planning Case #09-14 Dear Mr. Baier: City staff has visited the Moon Valley site and discovered that some of the site is eroding and sluffing. Please stabilize the slope by Friday, September 21, 2018. A coordination meeting at the site to discuss your plans should be held no later than Thursday, September 6, 2018. Please contact George Bender, Assistant City Engineer, at 952-227-1164 or gbender(a)ci.chanhassen.mn.us to arrange this meeting. If you have any questions or need additional information, please contact me at 952-227-1131 or bgenerous(aci.chanhassen.mn.us. Sincerely, SEN ' CW ttS Robert Generous, AICP Senior Planner ec: George Bender, Assistant City Engineer Eric Henricksen, Project Engineer Paul Oehme, Dir. of public WorWCity Engineer G: plan 2004 planning cases09-14 moat .alley interim use pa nil uMlize slope Ictter.docz PH 852.227.1100 • wwwAthanhassen.mn.us • FX 852.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 City of Chanhassen 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 (952) 227-1110 (FAX) To: Terry Bros., Inc. Attn: Michael Baler 530 West 791h Street, Suite 100 Chanhassen, MN 55317 PC 01- (Li Invoice INVOICE DATE PO NUMBER DATE SHIPPED SHIPPED VIA F.O.B. POINT DUE DATE May 17, 2017 n/a n/a n/a n/a June 20, 2017 DATE DESCRIPTION UNIT I AMOUNT PRICE 2016 grading permit fee: $325.00 $325 (base fee for 10,000 cy; see Mike Baler's attached May 15, 2017 mail) SUBTOTAL $325.00 SALES TAX n/a SHIPPING & HANDLING n/a $325.00 TOTAL DUE Make all checks payable to: City of Chanhassen If you have any questions concerning this invoice, call: (952) 227-1160 THANKYOU Fauske, Alyson From: Michael Baier <mgbaier@terrybros.com> Sent: Monday, May 15, 2017 8:19 AM To: Fauske, Alyson Subject: Moon Valley Grading Permit Hi Alyson, Wanted to let you know we moved approximately 10,000cy to grade in Moon Valley in 2016. Let me know if you require any additional information or if you'd like to meet to discuss anything relating to the grading permit. Thanks for your help! Mike Michael Baler mqboier@terrybros.com (612) 590-6083 .l J�cae., 9nc. Grading and General Contractors 530 West 79th Street Suite 100 /PO BOX 340/Chanhassen, MN 55317 (952) 224-2536/FAX: (952) 949-3105 Virus -free. www.avast.com Hennepin County Regional Railroad Authority 701 Fourth Avenue South, Suite 400 Minneapolis, MN 55415-1843 January 19, 2016 Ms. Jill Sinclair City of Chanhassen PO Box 147 7700 Market Boulevard Chanhassen, MN 55317 612-348-9260 Fax: 612-348-1842 ww .hennepin.us/hcrra Re: Emergency Repair to Culvert on HCRRA Corridor — Vegetation Impacts Dear Ms. Sinclair: As we have discussed previously, the Hennepin County Regional Railroad Authority (HCRRA) is working with Terry Bros. trucking company to access its abandoned railroad corridor across the Terry Bros. site located at 100 and 220 Flying Cloud Drive in Chanhassen. HCRRA is currently working on an emergency repair to a culvert at the base of an eighty foot slope. This is part of a larger project to repair the slope failure directly above the culvert this summer. HCRRA understands that a section of the Terry Bros. property is encumbered by a conservation easement. HCRRA does not expect the current work to require any live tree removals, but in the event of any damage and/or removals as a result of HCRRA's project, HCRRA will be responsible for any and all restoration. Terry Bros. has granted HCRRA temporary access across its property and shall not be responsible for any restoration. Please contact me with any comments, questions, or to arrange a site visit at 612-348-2691. Thank you very much. Sincerely, Jessica Galatz Principal Planning Analyst cc: Brandon Chaffee, Terry Bros. Inc. Peter McLaughlin Jan Callison Mike Opat Linda Higgins Marion Greene Randy Johnson Jeff Johnson Chair Vice -Chair March 12, 2010 *REVISED* CITY OF Mark Moffat CHANHASSEN Terry Brothers Moon Valley LLC Via email: mlmoffat@terrybros.com 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Re: Authorization of Extended Operating Hours of the Moon Valley mining site for Emergency Repairs, Planning Case No. 09-14 Administration Phone: 952.227.1100 Dear Mark, Fax: 952227.1110 Bd9 kqmgm This letter authorizes operation of the site 24 hours per day until 5 p.m. on Sunday, Phone: 952.227.1180 March 14, 2010 for work necessary to export material to the Metropolitan Council Blue Fax: 952.227.1190 Lake Wa stewate r Treatment Plant in Shakopee, MN. B9k9 It is my understanding that the Metropolitan Council has contracted with MBE Trucking Phone: 952.227.1160 to haul material from the Moon Valley site. The material will be used to construct Fax: 952.227.1170 emergency levees to prevent the Minnesota River from flooding the Blue Lake RnafnrR Wastewater Treatment Plant. Phone: 952.227.1140 Fax: 952.227.1110 Please take steps necessary to prevent tracking of material on public streets. Any material that is tracked on to the street must be cleaned off within the approved hours Park &Recreation of operation. Phone: 952.227.1120 Fax: 952.227.1110 You can contact me at 952.227.1119 or tgerhardt@ci.chanhassen.mn.us if you have any questions. Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Regards, Fax: 952.227.1404 CITY OF CHANHASSEN Planning 8 �� Natural Resources Pnane yo2.227.t130 Fax: 952.227.1110 Todd Gerhardt Public Works City Manager 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 c: Jim Olson, Carver County Sheriffs office Paul Oehme, Public Works Director/City Engineer (via email) Senior Center Kate Aanenson, Planning Director (via email) Phone: 952.227.1125 Terry Jeffrey, Water Resources Coordinator (via email) Fax, 952227.1110 Planning Case file 09-14 Web Site vnnv.d.chanhassen.mn.us G:\PIAN\2009 Planning Cases\09-14 Moon Valley Interim Use Permi[\03-12-10 auth extended wrkg hrs REVISED.dOCX Chanhassen is a Community for Life - Providing for Today and Planning for Tomorro,: SCANNED March 12, 2010 Cjl j�p OF Mark Moffat CHMgASSEN Terry Brothers Moon Valley LLC Via email: mlmoffat@terrybros.com 7700 Market Boulevard PO Boz 147 Chanhassen, MN 55317 Re: Authorization of Extended Operating Hours of the Moon Valley mining site for Emergency Repairs, Planning Case No. 09-14 Administration It is my understanding that the Metropolitan Council has contracted with MBE Trucking Phone: 952.227.1100 Dear Mark, Fax: 952.227.1110 emergency levees to prevent the Minnesota River from flooding the Blue Lake Buiklinglnspectiaa This letter authorizes operation of the site on Sunday, March 14, 2010 from 9:00 a.m. to Phone: 952.227.1180 5:00 p.m. for work necessary to export material to the Metropolitan Council Blue Lake Fax: 952.227.1190 Wastewater Treatment Plant in Shakopee, MN. Engineering It is my understanding that the Metropolitan Council has contracted with MBE Trucking Phone: 952.227.1160 to haul material from the Moon Valley site. The material will be used to construct Fax: 952.227.1170 emergency levees to prevent the Minnesota River from flooding the Blue Lake Rnenee Wastewater Treatment Plant. Phone: 952.227.1140 Fax: 952.227.1110 Please take steps necessary to prevent tracking of material on public streets. Any material that is tracked on to the street must be cleaned off within the approved hours Park BRecreation of operation. Phone: 952.227.1120 Fax: 952.227.1110 You can contact me at 952.227.1119 or teerhardt@ci.chanhassen.mn.us if you have any Recreation Center questions. 2310 Coulter Boulevard Regards, Phone: 952.227.1400 Fax: 952.227.1404 CITY OF CHANHASSENPlanning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Todd Gerhardt Public Warks City Manager 1591 Park Road Phone: 952227.1300 Fax: 952.227.1310 c: Jim Olson, Carver County Sheriff's office Paul Oehme, Public Works Director/City Engineer (via email) Senior Center Kate Aanenson, Planning Director (via email) Phone: 952.227.1125 Terry Jeffrey, Water Resources Coordinator (via email) Fax: 952.227.1110 Planning Case file 09-14 Web Iii1B www.ci.chanhasseomn.us G:\PLAN\2009 Planning Cases\09-14 Moon Valley Interim Use Permit\03-12-10 auth extended wrkg hrs.do" Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Moon Valley Reclamation StaEina Plan and 2014 Summary — 2014 to 2019 2014 Summary Work was performed in the west and central of the main site and included exporting excess material off-site. A total of 75,144CY was removed and or moved during the 2014 construction season. The pond labeled Pond 2 was deepened and can accommodate all the water retention needs of the current site. It may be necessary to investigate raising the grades of the plan if possible as not all of the excess dirt is marketable. 2014-2018 Additionally work will be performed in the west and central of the main site and will include exporting excess material off-site. Work will continue in these areas and will include exporting excess material off-site, erosion control measures, and tree replacement. The pond labeled Pond 2 will continue to be deepened. It may be necessary to investigate raising the grades of the plans as not all of the excess dirt is marketable. 2015-2019 Extreme Western portion of site will be opened up to remove excess material. This will include tree clearing, erosion control measures, topsoil stripping, and topsoil respread. 07" #%arc. 530 W 79th Street Suite 100 P.O. Boz 340 Chanhassen, MN 55317 WORK: 952-224-2536 Michael G. Baler CELL: 612-590-6093 mgbaier@terrybros.com FAX: 952-949-3105 Michael Baler President mgbaier@terrybros.com mobile: (612) 590-6083 work: (952)124-2536 fax: (952) 949-3105 Gradinyand GenMtConsractM 530West79th5trmt5u)te too since 1940 Po Box 340 w w-terrybrosxom Chanhassen, MN 55317 r v IE -104,11j,119, AORIL ID'; 5 AT. --71 �� MOON VALLEY GRAVEL MINE SATHRE—BERGQUIST, INC. 6y, i GMMMLBI.INBOG 1, 71ElBIIOIIMOWIlMMf �'• ^" _ - _ I U APRIL III'{ STAT S MOON VALLEY GRAVEL MINE 'm SATHRE-BERGQUIST, INC. 1 pyy�yV�w®pp q 1 awslsa w.gaan Awe t1EPB110Y1NDC01�MW� �• ^" -. _ �, . Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poch], Soren M. Mattick John F. Kelly Henry A. Schaeffer, II I Alina Schwartz Samuel J. Edmunds Marguerite M. McCarron 1380 Corporate Center Curve Suite 317 • Eagan, MN 55121 651-452-5000 Fall 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association Direct Dial. (651)134-6111 E-mail Address: snels0tt&k-1aw.c0m November 11, 2009 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: CIIANI ASSEN —MISC. RECEIVED NOV 1 6 2009 CITY OF CHANHASSEN DOCUMENTS ➢ Interim Use Permit # 09-14 — Moon Valley Aggregate Site at 100 Flying Cloud Drive — Planning Case No. 09-14 (Part of Government Lot 1, Section 35 -116N -23W which lies northerly of Flying Cloud Drive, et al. — Parcel ID No. 25.0360200) Dear Kim: Enclosed for the City's files please find original recorded Interim Use Permit #09-14 to grade portions of the Moon Valley Aggregate site located at 100 Flying Cloud Drive. The interim use permit was recorded with the County on October 13, 2009 as Abstract Document No. A509100. Regards, CAMPBELL KNUTSON Professional Association Silsan R. Nelson, Legal It sistant SRN:ms Enclosure SCANNED CARVER COUNTY RECORDER/REGISTRAR OF TITLES DODUM TITLE: DOCUffwnt NO. OFFICE OF THE COUNTY RECORDER A 509100 CARVER COUNTY, MINNESOTA Fee: $46.00 Receipt# Certified Recorded on 10/13/2009 at 02:45 ❑ AM)dPM Carl W WS404 A County Reco7er DOCUMENT DATE: NAMES: SCANNED A CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES INTERIM USE PERMIT #09-14 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use to grade portions of the Moon Valley Aggregate site. 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: All that part of Government Lot 1, Section 36, Township 116, Range 23, Carver County, Minnesota, which lies northerly of Flying Cloud Drive; and, 27 acres in the west half of northeast 1/4 south of the railroad and north of Flying Cloud Drive, Section 36, Township 116, Range 23, Carver County, Minnesota; 1 acre in Government Lot 3 north of Flying Cloud Drive being that part of the northwest 1/4 of the northeast 1/4 and the northeast 1/4 of the northwest 1/4 in Government lots 2 & 3, Section 36, Township 116, Range 23, Carver County, Minnesota. 3. Conditions. The permit is issued subject to the following conditions: a) The interim use permit shall be approved for a period of ten (10) years from the date of City Council approval. The applicant will need to request a formal extension 60 days prior to the expiration date of the interim use permit. b) Permits from the appropriate regulatory agency must be obtained; including but not limited to the Minnesota Pollution Control Agency, Lower Minnesota River Watershed District and Carver County. c) The applicant must submit a phasing plan. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. d) An administration fee shall be collected each year and shall be based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from the Uniform Building Code Appendix, Chapter 33. e) The applicant must submit a summary of the quantity of material that has been removed from the site and the quantity of remaining material. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. f) Grading on the east side of the creek must cease at or above the 756 -foot contour; this must be reflected on the next plan submittal. g) The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. The amount of the security shall be established annually and shall be submitted by the anniversary date of City Council approval. h) Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. i) Grading on the east side of the creek must cease at or above the 756 -foot contour and all disturbed soils must be permanently stabilized and restored in accordance with the Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated August S, 2004. j) If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. k) Type U, reinforced silt fence must be installed and maintained at the northwest corner of project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type II silt fence must be reinforced using sediment logs, wire -backing, or other effective Best Management Practice. 1) Exposed, unworked soils must continue to be stabilized with temporary or permanent stabilization BMPs in accordance with the construction sequencing as stated in the Grading, Drainage, and Erosion Control Plan. m) Exposed, unworked erodible soils with positive slopes must continue to be stabilized using erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and Erosion Control Plan. n) All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated August S, 2004, and phasing plan to be submitted by applicant. o) Tree preservation fencing must be installed at the edge of grading limits. p) No tree removal is allowed beyond the 756 -foot contour on the east side of the creek. q) MnDOT Native Mix 340 must be used for the seeding. r) All restored slopes shall be planted with trees. The trees shall be bare -root, native species, one-half to one -inch in diameter, five to ten -foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). 2 Spacing eet) Trees per acre 5 x 5 1,742 6 x 6 1,210 7 x 7 889 8 x 8 681 lox 10 436 s) A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. t) Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue. u) Grading west of the unnamed creek shall not commence until the grading on the existing mining operation and site restoration has been completed east of the creek. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: September 28, 2009 CITY OF CHANHASSEN By: 1 7 Th as A. Furlong, Mayor By:__ -a-0 - Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this qday of 2009, by Thomas A. Furlong, Mayor, and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. c� 11 V otary PWlic DRAFTED BY: City of Chanhassen 7700 Market Boulevard J"`;6 KAREN J. ENGELHARDT P.O. Box 147 1 Notary Public -Minnesota Chanhassen, MN 55317 �, _ �Y My COMMi im ExprM Jan 1,201 (952)227-1100 Cdaftwo Minnesota Pollution Control Agency 520 Lafayette Road North I St. Paul, MN 55155-4194 1 651-296-6300 1 800-657-3864 1 651-282-5332TTY I v+ v+ w.pca.state.mn.us October 13, 2009 Mr. Michael Baier, President Terry Bros. Moon Valley LLC P.O. Box 340 Chanhassen, Minnesota 55317 RE: Final NPDES General Permit No. MNG490243 RECEIVE® Terry Bros. Moon Valley LLC NEIA of the NEIA of Section 36, TI 16N, R23W OCT 14 2009 Carver County, Chanhassen, Minnesota Clry OF CHANHASSEN Dear. Mr. Baier: Enclosed is a copy of the National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) General Permit MNG490000, under which Terry Bros. Moon Valley LLC is authorized coverage by this letter. This permit enables multi -site coverage for eligible aggregate and hot mix asphalt sites throughout Minnesota and covers the site noted above. Pages 3 and 4 of the enclosed permit clarify the activities and sites that are eligible for coverage. Specific activities that are excluded from coverage under this permit are listed on Page 5 of the permit. Compliance with the terms and conditions of this permit is required as of the date of this letter. Also enclosed is the General Permit and Appendices: Annual Report/Site Inventory Form (Appendix 1 of the permit); and New Site Notification Form (Appendix 2 of the permit). Your permit requires that you report annually, and provide an annual progress report on your Pollution Prevention Plan for each site by January 30th for the previous calendar year. The Annual Report/Site Inventory Form is used for this purpose. Please photocopy this form as needed to complete an inventory for each site, since additional forms are sent only at your request. The New Site Notification Form is used for notification of new sites as they are added during the year. This form is to be submitted at least ten days prior to initiation of land -disturbing activities at a new site or initiation of operation at a previously developed site as required by the permit. Please photocopy this form as needed since additional forms are sent only at your request. If any site has mine pit dewatering discharge, additional monitoring would be required as noted in the permit. A Discharge Monitoring Report (DMR) Form is required to be submitted annually for any mine pit dewatering. The DMR forms would be sent to your facility if required at any of your site(s). St. Paul I Brainerd I Detroit Lakes I Duluth I Mankato I Marshall I Rochester I Willmar 150 YEARS of STATEHOOD Mr. Michael Baier Page 2 Note that this permit does not cover the discharge of gravel wash waters, limestone quarry dewatering or limestone quarry wash waters to streams, ditches, wetlands or other receiving waters. In addition, this permit does not cover any activities from concrete production activities. If you discharge stormwater or other wastewaters from these activities, or have a change in activities from your original application that is not covered under the general permit, you must reapply for a permit for these discharges. The unique number which identifies your facility for coverage under this permit is MNG490243. Please use this number in all correspondence with the Minnesota Pollution Control Agency. Please feel free to contact Terry Mader of our staff at 651-757-2543 if you have any questions. Sincerely, r'1 Jeff Udd Acting Supervisor, Water Quality Permits Unit Land and Water Quality Permits Section Industrial Division JU/TM:lmg Enclosures cc: Chanhassen City Administrator Carver County Planning & Zoning MPCA St. Paul Office CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 10/1/09 09-14 ATTENTION Sue Nelson RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ U:-�-(4 COPIES DATE NO. DESCRIPTION 1 9/28/09 09-14 Interim Use Permit 09-14 Moon Valle ❑ FOR BIDS DUE For Recording ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Foryouruse ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Michael Beier, Terry Bros. Moon Valley, LLC Beatrice Zwiers, Moon Valley Aggregates, Inc. SIG copies for approval copies for distribution corrected prints If enclosures are not as noted, kindly notify us at once. SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES INTERIM USE PERMIT #09-14 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use to grade portions of the Moon Valley Aggregate site. 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: All that part of Government Lot 1, Section 36, Township 116, Range 23, Carver County, Minnesota, which lies northerly of Flying Cloud Drive; and, 27 acres in the west half of northeast 1/4 south of the railroad and north of Flying Cloud Drive, Section 36, Township 116, Range 23, Carver County, Minnesota; 1 acre in Government Lot 3 north of Flying Cloud Drive being that part of the northwest 1/4 of the northeast 1/4 and the northeast 1/4 of the northwest 1/4 in Government lots 2 & 3, Section 36, Township 116, Range 23, Carver County, Minnesota. 3. Conditions. The permit is issued subject to the following conditions: a) The interim use permit shall be approved for a period of ten (10) years from the date of City Council approval. The applicant will need to request a formal extension 60 days prior to the expiration date of the interim use permit. b) Permits from the appropriate regulatory agency must be obtained; including but not limited to the Minnesota Pollution Control Agency, Lower Minnesota River Watershed District and Carver County. c) The applicant must submit a phasing plan. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. d) An administration fee shall be collected each year and shall be based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from the Uniform Building Code Appendix, Chapter 33. e) The applicant must submit a summary of the quantity of material that has been removed from the site and the quantity of remaining material. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. f) Grading on the east side of the creek must cease at or above the 756 -foot contour; this must be reflected on the next plan submittal. SCANNED g) The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. The amount of the security shall be established annually and shall be submitted by the anniversary date of City Council approval. h) Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. i) Grading on the east side of the creek must cease at or above the 756 -foot contour and all disturbed soils must be permanently stabilized and restored in accordance with the Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated August 8, 2004. j) If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. k) Type II, reinforced silt fence must be installed and maintained at the northwest corner of project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type 11 silt fence must be reinforced using sediment logs, wire -backing, or other effective Best Management Practice. 1) Exposed, unworked soils must continue to be stabilized with temporary or permanent stabilization BMPs in accordance with the construction sequencing as stated in the Grading, Drainage, and Erosion Control Plan. m) Exposed, unworked erodible soils with positive slopes must continue to be stabilized using erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and Erosion Control Plan. n) All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated August 8, 2004, and phasing plan to be submitted by applicant. o) Tree preservation fencing must be installed at the edge of grading limits. p) No tree removal is allowed beyond the 756 -foot contour on the east side of the creek. q) MnDOT Native Mix 340 must be used for the seeding. r) All restored slopes shall be planted with trees. The trees shall be bare -root, native species, one-half to one -inch in diameter, five to ten -foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). Spacing (feet) Trees per acre 5 x 5 1,742 6 x 6 1,210 7x7 889 8 x 8 681 lox 10 436 s) A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. t) Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue. u) Grading west of the unnamed creek shall not commence until the grading on the existing mining operation and site restoration has been completed east of the creek. 4. Termination of Permit The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. if within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: September 28, 2009 CITY OF CHANHASSEN IC STATE OF MINNESOTA ) (as COUNTY OF CARVER ) A. Furlong, Mayor Gerhardt, City Manager The foregoing instrument was acknowledged before me this qday of 5.�, 2009, by Thomas A. Furlong, Mayor, and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. � ! d`lotary P4>tSlic DRAFTED BY: V City of Chanhassen 7700 Market Boulevard P.O. Box 147 KAREN J.ENGELHARDT } Notary Public -Minnesota Chanhassen, MN 55317 Ly C^m Wes can ai, zoio (952)227-1100 4 Building Inspections Dear Mr. Baier: Phone: 952.227.1180 Phone: 952.227.1140 Fax: 952.227.1190 September 29, 2009 lingineerilog approved Interim Use Permit, Planning Case #09-14, to permit grading, IIC�I�TIIY�O(rF�1�i CIIHLIIIHL1SEN Mr. Michael Baier 7700 Market Boulevard Terry Bros. Moon Valley, LLC PO Boz 147 530 West 790i Street Chanhassen, MN 55317 P.O. Box 340 2. Chanhassen, MN 55317 Administration Phone: 952.227.1100 Re: Moon Valley, Planning Case #09-14 Fax: 952227.1110 River Watershed District and Carver County. Building Inspections Dear Mr. Baier: Phone: 952.227.1180 Phone: 952.227.1140 Fax: 952.227.1190 This letter is to confirm that on September 28, 2009, the Chanhassen City Council lingineerilog approved Interim Use Permit, Planning Case #09-14, to permit grading, Phone: 952.227.1160 excavation and slope restoration as proposed on the plans prepared by Sathre- Fax: 952.227.1170 Bergquist, Inc., dated 7/30/09, subject to the following conditions: Finance Phone: 952.227.1140 1. The interim use permit shall be approved for a period of ten (10) years from Fax:952.227.1110 the date of City Council approval. The applicant will need to request a formal Park & Recreation extension 60 days prior to the expiration date of the interim use permit. Phone: 952.227.1120 Fax: 952.227.1110 2. permits from the appropriate regulatory agency must be obtained; including Recreation Center but not limited to the Minnesota Pollution Control Agency, Lower Minnesota 2310 Coulter Boulevard River Watershed District and Carver County. Phone: 952.227.1400 Fax: 952.227.1404 3. The applicant must submit a phasing plan. This information shall be submitted Planning & annually a minimum of 30 days before the anniversary of City Council Natural Resources approval. Phone: 952.227.1130 Fax: 952.227.1110 4. An administration fee shall be collected each year and shall be based on the Public Woks number of cubic yards of material being graded as identified in the phasing 1591 Park Road Phone: 952.227.1300 plan. The fees are taken from the Uniform Building Code Appendix, Chapter Fax: 952.227.1310 33. Senior :952.227.1125 Cel Phone: 952.227,1125 5. The applicant must submit a summary of the quantity of material that has been Fax: 952.227.1110 removed from the site and the quantity of remaining material. This Web Site information shall be submitted annually a minimum of 30 days before the vnwi.ra.clanhassen.mn.us anniversary of City Council approval. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Mr. Michael Baier September 29, 2009 Page 2 6. Grading on the east side of the creek must cease at or above the 756 -foot contour; this must be reflected on the next plan submittal. 7. The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. The amount of the security shall be established annually and shall be submitted by the anniversary date of City Council approval. 8. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 9. Grading on the east side of the creek must cease at or above the 756 -foot contour and all disturbed soils must be permanently stabilized and restored in accordance with the Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated August 8, 2004. 10. If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. 11. Type II, reinforced silt fence must be installed and maintained at the northwest corner of project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type II silt fence must be reinforced using sediment logs, wire -backing, or other effective Best Management Practice. 12. Exposed, unworked soils must continue to be stabilized with temporary or permanent stabilization BMPs in accordance with the construction sequencing as stated in the Grading, Drainage, and Erosion Control Plan. 13. Exposed, unworked erodible soils with positive slopes must continue to be stabilized using erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and Erosion Control Plan. 14. All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated August 8, 2004, and phasing plan to be submitted by applicant. 15. Tree preservation fencing must be installed at the edge of grading limits. 16. No tree removal is allowed beyond the 756 -foot contour on the east side of the creek. Mr. Michael Baier September 29, 2009 Page 3 17. MnDOT Native Mix 340 must be used for the seeding. 18. All restored slopes shall be planted with trees. The trees shall be bare -root, native species, one-half to one -inch in diameter, five to ten -foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). Spacing (feet) Trees per acre 5 x 5 1,742 6 x 6 1,210 7 x 7 889 8 x 8 681 lox 10 436 19. A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. 20. Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue. 21. Grading west of the unnamed creek shall not commence until the grading on the existing mining operation and site restoration has been completed east of the creek. Please submit a revised plan showing the limit of grading at the 756 contour. After the submittal of the revised plan, staff will work with you to determine the amount of security that will be required with the next phase of your operation. If you have any questions or need additional information, please contact me at (952) 227-1164 or afauske@ci.chanhassen.mn.us or Bob Generous at (952) 227-1131 or b¢enerous@ci.chanhassen.mn.us. Sincerely, Alyson Fauske Assistant City Engineer c: Beatrice Zwiers, Moon Valley Aggregate ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager Paul Oehme, City Engineer giplan\2009 planning casest09-14 moon valley interim use permi0approval letter.doc v0d,10%, Minnesota Pollution Control Agency 520 Lafayette Road North I StPaul,MN 55155-4194 1 651-2%-6300 1 800-657-3864 1 651-282-5332 TTY I w .pca.state.mn.us September 29, 2009 Mr. Daniel Zwiers, Owner Moon Valley Aggregates Inc. 1111 Deuce Road Elko, Minnesota 55020 RE: NPDES/SDS Permit MN0061662 Moon Valley Aggregates h1c. Chanhassen, Minnesota Termination Request Dear Mr. Zwiers: RECEIVED SEP 3 0 2009 OlT y OF cHANHASSEN This letter is in response to your request for termination of coverage under National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) permit MN0061662 referenced above. Upon evaluation of the justification provided, the Minnesota Pollution Control Agency (MPCA) has determined that coverage -under the above -referenced permit will no longer be required for this facility. We understand that the facility has discontinued discharge and is now operated by Terry Brothers under a separate general permit. Effective immediately, the MPCA hereby terminates the Moon Valley Aggregates Inc. permit referenced above. Although a permit is not required at the present time, this is not necessarily a permanent situation. Future changes in the operation of your site may require a NPDES/SDS permit. In the event that such changes are anticipated, we remind you that a permit application must be submitted at least 180 days before any changes are made. If you have any questions, please contact Terry Mader of our staff at 651-757-2543. Sincerely, Jeff Udd, P.E. Acting Supervisor, Water Quality Permits Unit Land and Water Quality Permits Section Industrial Division JU/fM:lmg cc: Chanhassen City Administrator Chelsea Domeier, MPCA St. Paul I Brainerd I Detroit Lakes I Duluth I Mankato I Marshall I Rochester I Willmar 150 YEARS cy�STATEHOOD oG - 4 Chanhassen City Council — September 28, 2009 Councilman Litsey: Absolutely. Mayor Furlong: Got to love the Chief. Let's move on with the other items on our agenda. MOON VALLEY, 100 & 220 FLYING CLOUD DRIVE: REOUEST FOR RENEWAL/ Paul Oehme: Thank you Mayor, City Council members. I've just got a brief presentation regarding this extension and renewal permit request. Just so everybody's familiar with the location of the project. The project is located just north of Flying Cloud Drive and south of the Hennepin County trail system here and just east of 101. Say about a half mile or so, so it's just in general the project location. So just a little history before we talk about the extension of the permit. In 1992 an earthwork permit was granted to the property owner by the City for mining operations. Then in 1996 a permit agreement was executed to resolve the mining and operations, the restoration conflicts and issues regarding the property. Then in 2004 a 5 year interim use permit was granted to the property owner for mining operations. And then in 2006 Terry Brothers acquired a permit from the property owner for mining purposes. The Planning Commission did review the IUP and held a public hearing on September 15`s and the Planning Commission did approve the, or recommended approval to the City Council of the interim use permit for this project. In general the mining limits are shown here in the white. Currently the area to the west is currently being mined but the mining limits are shown here before the proposed or the requested 10 year permit. Currently again the grading is in progress at this location here. In the tan color. Recently the grading has been completed in this lighter green areas up on top of the bluff and has more or less been restored. Trees have been removed at this location, which is consistent with the IUP that was previously approved and some grading work has also taken place east of here. Currently there is a small pond at the pond location here as well to handle some of the runoff from the property. The area out to the east, or to the west is for future potential mining operation area as well. Mining plan that's currently before you tonight, again it's to grade this area and mine it for aggregate, basically common bar material. Sand material out of this site for building purposes. And this lighter brown shaded area and the construction of the pond for basically for the redevelopment of the site potentially take place between 2015 and 2017 and proposed grading of the western side of the property would take place approximately between 2018 and 2019 with the construction of a pond at that location too. The staff did hand out a Findings of Fact updating from the background that was in your packet and staff has requested one additional item be added to the finding and that's under Section number 3, item (u) and staff is requesting that no grading or materials be worked in this area until such time that the area to the east here is completely re -graded and vegetation established. So that is an additional request that was not included in your packet. And basically the staff has reviewed the IUP and is recommending approval at this time so if there's any questions staff would be happy to try to answer them and the applicant is here as well. Mayor Furlong: Okay, thank you. Any questions for staff? Councilman Litsey. Councilman Litsey: I had one on the permitted hours of operation. I know that's within our ordinance. Did you receive any feedback from nearby? 6 SCANNED Chanhassen City Council — September 28, 2009 Paul Oehme: No the only, it's my understanding at the Planning Commission there was only one property owner that showed up to the meeting and that was the adjacent property owner that more or less lives on the site and he just had some questions about the grading work that was taking place out there so. I don't believe there was any. Kate Aanenson: There some someone that came, I'm sorry. You probably didn't, it wasn't on the record, that came later and that was, led to the condition (u). Someone on Lakota Lane and they do hear the noise and that's why we looked at not exposing the entire site and moving that west side. They said 2018. If you can go back to that slide maybe Paul that showed that area. The gray area. They live, so they are overlooking that so instead of having it all exposed at once, and that's why we added that condition. They showed up later to the meeting and so I visited with them and that was their concern. Just try to, so we don't have it all opened up with the noise. There is a buffer there right now with the trees and the like and so they would like to see the, all the extraction be done on that side restored before they move over. And just to make sure that that's not all wide open and a lot more noise, because those, Lakota Lane is right above that area so that was their concern. Councilman Litsey: Because it is a noisy operation and. Kate Aanenson: Yeah. Councilman Litsey: It's totally atypical what you normally would experience from noise. Kate Aanenson: Yeah. Paul Oehme: And staff can re-evaluate those working hours at such time the area is going to be worked too. We have that opportunity in the future. Councilman Litsey: I guess I'd be more comfortable with like 8:00 a.m. to 5:00 p.m. and Saturdays not but... We can talk about that I guess with the applicant. Thank you. Mayor Furlong: Any other questions for staff at this time? Councilwoman Ernst: No questions. Mayor Furlong: Mr. Oehme, I noticed in the conditions here there's a requirement for an annual report and an annual grading plan to be submitted to the City, is that correct? Paul Oehme: That's correct. Mayor Furlong: So there's an annual, even though we're looking at a 10 year extension, there's going to be an annual look from the staff standpoint to ensure compliance? Chanhassen City Council — September 28, 2009 Paul Oehme: Exactly. We want to look at you know how far are they along in the process. How much material has been moved? What's the restoration looking like? So just making sure we're touching base with an annual. Mayor Furlong: Alright. And are there opportunities then if there are some issues or problems to look at that as well on an annual basis? Paul Oehme: Yep. That's the IUP allows us to look at that on an annual basis and make adjustments if necessary. Kate Aanenson: Yeah. And it also says you can hold a public hearing to terminate it if they're not following the conditions of the plan. That would include the areas to be graded and some of those others. Mayor Furlong: Is the grading plan here expanded beyond what was approved the last time? Paul Oehme: I think it's actually shrunk a little bit. Kate Aanenson: Yeah. It's pretty close to what was earlier shown. Paul Oehme: Yeah, it's pretty close to what was shown a little bit. We did tweak some of the grades and bring in the construction limits a little bit I believe to try to save some of the trees on the western side. Up in this area. Kate Aanenson: Again that's what's providing buffer to some of those residents up on top. Visually. Mayor Furlong: Okay. Councilman Utsey: One other quick question. In Carver they have the gravel pit. Do they, I don't think they allow operation on Saturdays, do they? Paul Oehme: I don't know. Councilman Litsey: Okay. I know there's probably more houses around that one that have been built up but... Mayor Furlong: Have they been, what has their operation been? Have they been grading... Kate Aanenson: It's been slow. It's been slow. Paul Oehme: Yeah. Mayor Furlong: But prior, when was the, and maybe we can ask the applicant that. Chanhassen City Council — September 28, 2009 Kate Aanenson: Sure. Well for the Planning Commission meeting the testimony was, a lot of what they do is for commercial or for streets and there hasn't been a lot of that so it lengthens the term. And you know as we've looked at being able to come down there to provide sewer and water, we do see a higher and better use so the main goal was getting the grading plan, is to get a reclamation plan so it's developable in the future so we're not left with a hole that's going to. Mayor Furlong: Take the aggregate out now and then restore. Kate Aanenson: Restore it in such a way that it's developable into the future. Mayor Furlong: That it's developable. So that when the market conditions are right. Kate Aanenson: That's correct. Mayor Furlong: It can be developed. Okay. Any other questions? Councilwoman Tjomhom: I think Vicki had one. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: Thanks. Paul, as I looked at the Phase I that was prepared, the audit that was prepared by McCain and Associates for the clean up, was all that completed? It says in Phase II it showed that the clean up would be performed on the site. And it shows that the gun range was cleaned up. Does that mean... Kate Aanenson: Yeah, I can address that. That goes back to Settlers West when, if you look, if you remember when we reviewed that subdivision we looked at topographically they're completely separate pieces. While they're under the ownership of the Zwiers so at that time we decided to work with Eden Prairie to get access to this property and one of the conditions allowing that access was that they were to get the, shut down the gun range and there was a telecommunication tower and then we actually worked with the Zwiers family to apply for some grants to get clean up, to get the lead out. They've done that on their own so that's all been cleaned up. Councilwoman Ernst: Okay. Kate Aanenson: There was a lot of shot in the site. Councilwoman Ernst: Thank you. Mayor Furlong: Thank you. Councilwoman Tjomhom. Councilwoman Tjomhom: Yeah let's go back to the people that are surrounding Moon Valley. There aren't really a lot of residential properties. 4 91 Chanhassen City Council — September 28, 2009 Kate Aanenson: If you go back to that first aerial I think you can see. There is homes on Lakota. I think go back. There. Yeah. There are the lots on Lakota there. They over, but they overlook that. Councilwoman Tjornhom: And this is, I mean this operation went since 2004 correct? I remember when I was first on the council with the Planning Commission we walked Moon Valley. Kate Aanenson: That's yeah, but we walked it because of Settlers West was looking at it. They've been in operation for a long, long time. Councilwoman Tjomhom: Longer than that. Kate Aanenson: Yeah, and Settlers West is now up on top also so that's the other residential that's on top that has direct impact by that operation. Councilwoman Tjomhom: And we've never had any complaints? Kate Aanenson: Well we don't have anybody at the end yet. I think they came in after the operation. Yeah. Councilwoman Tjomhom: Okay. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I do believe that in the notes it did say that you hadn't received any complaints as of today, correct? Kate Aanenson: Although the neighbors did show up and then after the meeting this item was discussed. A couple other neighbors from Lakota did show up and, we just want to make sure that there's, you know we do things visually and, you know do things to mitigate the impact on the noise and that's preserving certain slopes so they don't have to look at it and it helps with the noise attenuation. Mayor Furlong: Okay. Alright. Any other questions at this time? No? The applicant is here this evening I believe. Good evening sir. Rick Murray: Good evening. Mayor Furlong: If you could come to the podium and state your name and address. Rick Murray: My name is Rick Murray, 15 Choctaw Circle, Chanhassen. Hello Kate. Good evening Todd. I was well acquainted with this facility in years past. I'm here this evening not as a member of Terry Brothers but as a representative. Mayor Furlong: Okay. 10 Chanhassen City Council — September 28, 2009 Rick Murray: The gentleman that was here at the Planning Commission, this is the eve of his wedding. He is out of town so I'm here to try and answer your questions as best I can. I'm very familiar with the site. I used to site hunting rifles in there on a regular basis and was there when the guys in the little white suits were up there combing those hills to try and get all that lead back out of that sand fill so. When I was talking to Mike about you know this program. Actually when his dad approached me in '06 it was you know the Moon Valley Rifle Range. I'm going that is really a pit. I meant a pit. It's amazing now what it looks like and the total, or the culmination of this plan that's been put together by the staff or I don't know maybe it was before the staff but culmination of this plan is to have a restored area and it's going to look terrific. Take just a moment to the hours of operation Mr. Litsey. This time of year you pretty much say you know you'll start at 10:00, you start at 10:00. Especially this year but in the summertime when you are moving, it's important to get the machinery started as early as practical. 7:00 has been, is pretty standard in our industry to get your, you get your superintendents and your operators there around 6:00-6:30. They do the maintenance and everything on the equipment and then you're moving material at a reasonable hour in the morning. Saturday operations I think have always been here in the Moon Valley site. I might be wrong but I think that's true. Were there any other questions? I'd be happy to try and answer to the best of my knowledge. Councilman Litsey: No, I understand from a business standpoint the need for that. I just want to be respectful of the surrounding area. Rick Murray: Oh absolutely. Councilman Litsey: And if there isn't any overriding complaints then that's fine and we don't have any real development going in over the next few years, then have at it. But if it's, if there's concerns I guess I just want to make sure that we respect those but it doesn't sound like there's. Rick Murray: Mild irony is the gentleman that developed Settlers West is also the gentleman that sold Mr. Baier's the gravel pit, the permit. Mild irony. Councilman Litsey: Thanks. Councilman McDonald: I've got a question. Mayor Furlong: Mr. McDonald. Councilman McDonald: How much longer do you see the operation of this going? We're doing a 10 year extension at this point. Is part of that to help do the reclamation for the site or will that not start until after the permit's over? Rick Murray: No, I think the permit is finished, I mean I think the reclamation needs to be finished at the end of the permit. So the 10 years does accomplish that as well as we move, I think the estimate was a million, about a million yards of soil needs to be moved to get it to that, to get to that place. To be reclaimed. II Chanhassen City Council — September 28, 2009 Councilman McDonald: Okay. Mayor Furlong: Okay. Very good. Any other questions? No? Very good. Thank you. Rick Murray: Thank you. Mayor Furlong: Appreciate it. I think there was a public hearing at the Planning Commission. Kate Aanenson: That's correct. Mayor Furlong: Was there not? I don't know if there's anybody here in the council chambers that would like to provide public comment. I'd certainly provide that opportunitrat this time. No? Okay. Very good. Thoughts and comments from members of the council. Seems to be a reasonable request and I think the staff and Planning Commission worked hard to. try to find a balance. Obviously there's an issue raised here on hours of operation but my sense is that there's some comfort there. Councilman Litsey: Doesn't seem, yeah. Mayor Furlong: There isn't a problem so if there's discussion, wonderful. If not if someone would like to make a motion, that'd be fine too. Councilman McDonald: I'll do the motion. The Chanhassen City Council approves Interim Use Permit Planning Case #09-14 to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Berquist dated 7/30/2009 subject to conditions 1 through 20 on pages 8 through 10 of the staff report. And does that affect the handout? Kate Aanenson: Yes. And the interim use permit. Mayor Furlong: If you adopt the, this is the. Todd Gerhardt: Interim Use Permit. Mayor Furlong: Interim Use Permit 09-14. Kate Aanenson: There's only, you're missing one condition on the one so it should be 1 through 21 which would be (u). Roger Knutson: Right, if you just want to say adopt the Interim Use Permit as prepared and presented. Councilman McDonald: Okay, that we adopt the Interim Use Permit as prepared and presented tonight before the meeting and the adoption of the Planning Commission Findings of Fact. Mayor Furlong: Thank you. Is there a second? 12 Chanhassen City Council — September 28, 2009 Councilwoman Tjomhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopt the Planning Commission Findings of Fact and approve Interim Use Permit, Planning Case #09-14, to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Bergquist, Inc., dated 7/30/09, subject to the following conditions: 1. The interim use permit shall be approved for a period of ten (10) years from the date of City Council approval. The applicant will need to request a formal extension 60 days prior to the expiration date of the interim use permit. 2. Permits from the appropriate regulatory agency must be obtained; including but not limited to the Minnesota Pollution Control Agency, Lower Minnesota River Watershed District and Carver County. 3. The applicant must submit a phasing plan. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 4. An administration fee shall be collected each year and shall be based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from the Uniform Building Code Appendix, Chapter 33. 5. The applicant must submit a summary of the quantity of material that has been removed from the site and the quantity of remaining material. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 6. Grading on the east side of the creek must cease at or above the 756 -foot contour; this must be reflected on the next plan submittal. 7. The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. The amount of the security shall be established annually and shall be submitted by the anniversary date of City Council approval. 8. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 9. Grading on the east side of the creek must cease at or above the 756 -foot contour and all disturbed soils must be permanently stabilized and restored in accordance with the Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated August 8, 2004. 13 Chanhassen City Council — September 28, 2009 10. If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. 11. Type II, reinforced silt fence must be installed and maintained at the northwest corner of project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type II silt fence must be reinforced using sediment logs, wire -backing, or other effective Best Management Practice. 12. Exposed, unworked soils must continue to be stabilized with temporary or permanent stabilization BMPs in accordance with the construction sequencing as stated in the Grading, Drainage, and Erosion Control Plan. 13. Exposed, unworked erodible soils with positive slopes must continue to be stabilized using erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and Erosion Control Plan. 14. All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated August 8, 2004, and phasing plan to be submitted by applicant. 15. Tree preservation fencing must be installed at the edge of grading limits. 16. No tree removal is allowed beyond the 756 -foot contour on the east side of the creek. 17. MnDOT Native Mix 340 be used for the seeding. 18. All restored slopes shall be planted with trees. The trees shall be bare -root, native species, one-half to one -inch in diameter, five to ten -foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). Spacing (feet) Trees per acre 5 x 5 1,742 6 x 6 1,210 7 x 7 889 8 x 8 681 lox 10 436 19. A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. 20. Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue." 21. Grading west of the unnamed creek shall not commence until the grading on the existing mining operation and site restoration has been completed east of the creek. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 14 CITY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engem Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Cerrter 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resouces Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior cemor Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us oq-i4 3 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Alyson Fauske, Assistant City Engineer DATE: September 28, 2009 okto , SUBJ: Moon Valley Interim Use Permit — Planning Case 09-14 PROPOSED MOTION "The Chanhassen City Council approves Interim Use Permit, Planning Case #09- 14, to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Bergquist, Inc., dated 7/30/09, subject to conditions 1-20 on pages 8-10 of the staff report; and Adoption of the Planning Commission Findings of Fact." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY The developer is requesting a ten-year extension of an Interim Use Permit to permit continued mining of the site for clay, gravel, sand and topsoil - Moon Valley Gravel Mine Restoration. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on September 15, 2009 to review the proposed interim use permit. The Planning Commission voted six for and none against a motion recommending approval of the interim use permit. The Planning Commission asked about the development timeframe for this area and whether the mining operation would correspond to the potential development of this area. Staff advised the Commission that it would probably be at least that long before the utility extension to the area was undertaken. The Planning Commission minutes are item la of the September 28, 2009, City Council agenda. RECOMMENDATION Staff recommends adoption of the motion as specified on pages 8-10 in the staff report dated September 15, 2009 approving the Interim Use Permit. ATTACHMENT 1. Planning Commission Staff Report Dated September 15, 2009. gdplan\2009 planning casesx09-14 moon valley interim use pernn\ezecutive summary.doc Chanhassen is a Community for life - Providing for Today and Planning for Tomorrow SCANNED PROPOSED MOTION: The Chanhassen Planning GaffmiissiAa feeRfRfRendq City Council approve of Interim Use Permit, Planning Case #09-14, to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Bergquist, Inc., dated 7/30/09, subject to conditions 1-20 on pages 8-10 of the staff report; and Adoption of the attached findings of fact . SUMMARY OF REQUEST: The developer is requesting an extension of an Interim Use Permit (Grading) - Moon Valley Gravel Mine Restoration. LOCATION: 100 and 220 Flying Cloud Drive South of Hennepin County Regional Railroad, north of Flying Cloud Drive and east of Sorensen Addition. PID: 25-0360200 and 25-0360700 APPLICANT: Terry Bros. Moon Valley, LLC Beatrice Zwiers 530 West 79's Street Moon Valley Aggregates, hic. P.O. Box 340 11111 Deuce Road Chanhassen, MN 55317 Elko, MN 55020 (952)224-2536 mgbaier@terrybors.com PRESENT ZONING: Agricultural Estate District, A2 2020 LAND USE PLAN: Residential — High Density (net density range 8 — 16 units per acre) ACREAGE: 72.24 acres DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets the excavating, mining, filling and grading standards of City Code and the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable standards are met, the permit must be approved. This is a quasi-judicial decision. PROPOSAL/SUMMARY The applicant is requesting an extension of the interim use permit to mine gravel from the site located north of Flying Cloud Drive, approximately one mile east of Highway 101. The original Interim Use Permit was granted on September 27, 2004 to Beatrice Zwiers of Moon Valley Aggregates, Inc. In 2006, Terry Brothers, Moon Valley, LLC took over the grading, excavation and slope restoration operation. Terry Brothers has requested that the Interim Use Permit be Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 2 of 10 extended since there is a decrease in demand for the product due to the economic downturn. There is approximately one million cubic yards of material to be removed from the site; the applicant anticipates this will take 10 years to accomplish. Staff has not received complaints related to the site operations. The applicant is requesting a 10 -year extension to the interim use permit (IUP) to permit the excavation, grading, and restoration of the existing mining pit and a future development area west of the mining pit. The existing IUP had a 5 -year time limit. The operation will require the removal of approximatelyl.8 million cubic yards of material from the site. The project site is adjacent to the Richard T. Anderson Conservation Area in Eden Prairie. To the south across County Road 61 (Flying Cloud Drive) are the Minnesota Valley Wildlife Refuge, the Minnesota River and State Wide Auto Salvage, Inc. To the north are the Hennepin County Regional Trail and the Settlers West subdivision. Access to the site is proposed via County Road 61. The proposed site grading and slope restoration will prepare the site for future development when urban services are available, stabilize the site to reduce run-off and erosion, and permit the vegetation, especially the trees, to grow between now and the time the site is developed. A Phase I Environmental Audit dated November 2004 was prepared by McCain and Associates, Inc. for Moon Valley Aggregates, Inc. This audit pointed out several recognized environmental issues that needed to be addressed. A Phase H Site Investigation Work Plan was prepared for the Moon Valley property in July 2005. The Phase Il study spelled out the environmental cleanup that would be performed on the site. Lead in the gun range was cleaned up. All house structures have been removed from the site. The house well has been capped. Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 3 of 10 Staff is recommending approval of the interim use permit subject to the recommended conditions of approval. APPLICABLE REGUATIONS Chapter 7, Article III. Excavating, Mining, Filling and Grading Sections 20-231 through 20-237, Conditional Use Permits (Interim use permits are processed in the same manner as conditional use permits). BACKGROUND On September 27, 2004, the Chanhassen City Council approved Interim Use Permit, Planning Case #04-27 to permit grading, excavation and slope restoration. The NP was good for five years. February 1996, the city executed an earthwork permit agreement resolving the mining operation and restoration. June 22, 1992, the Chanhassen City Council approved an earthwork permit for the mining operation (IUP #92-4). ANALYSIS GRADING, DRAINAGE AND EROSION CONTROL Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 4 of 10 The applicant has submitted an updated plan showing what areas are untouched, the areas that are currently being graded, and the areas that have been graded and restored. Staff has requested a phasing plan, a summary of the quantities removed and a summary of the quantity of remaining material to be removed. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. The applicant is requesting an interim use permit to excavate approximately 1.8 million cubic yards of material from the site. The goal of the grading is to restore the severe erosion areas on the site and to leave the site in a condition that will allow future multi -family housing to be developed. The applicant is proposing to grade down at steep, 401/o (2.5:1) slopes from the high points on the north and south sides of the property. This will allow a relatively flat area with a gentle slope of 4% (25:1) to be developed in the center of the property. The flat area will be developed into multi -family housing sites when municipal sewer and water is extended to the area in the future. In addition, the severe rutting and erosion gullies that existed on the site will be restored. Permanent vegetation will be established over all bare soil areas. Previously, a restoration plan for the main pit area east of the creek had been prepared in 1992 and approved by the city for this site. The 1992 plan proposed to grade approximately 3 acres of Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 5 of 10 bluff area with 3.9 acres of tree removal. The current proposal has approximately 2.6 acres of bluff grading and 7.3 acres of tree removal. While the new plan does result in more tree loss, the impact to the bluff area is less than the previously approved plan. Also, the amount of usable or developable area has been increased from approximately 8.5 to 14 acres. In an effort to try and preserve more of the mature trees on the site, staff is recommending that grading on the east side of the creek cease at or above the 756 -foot contour as a condition of approval, and the Grading, Drainage, and Erosion Control Plan be revised to reflect these changes when the next grading permit application is submitted. This would preserve approximately 1.6 acres of additional tree canopy while decreasing the bluff impact from 2.6 to 2.4 acres. Terminating the grading at the high point would more closely follow the natural drainage pattern in the area. It would also alleviate the need for additional storm sewer in the future in order to capture the drainage and route it back to Pond 2. The usable area available would still be 12.4 acres which is nearly four acres greater than the 1992 plan. The existing site generally drains from the north to the south. There is an existing creek/wetland which runs through the center of the site. Eventually, the entire site drains to the Minnesota River valley through existing culverts under County Road 61 (Flying Cloud Drive). Under proposed conditions, the entire graded site area will drain to the two proposed ponds on either side of the creek which divides the site. Pond 1, on the west side of the creek, will outlet to the adjacent creek and the existing pond (Pond 2) outlets to the County Road 61 ditch. As in the existing state, the treated storm water will then drain to the Minnesota River valley under County Road 61. Each of the ponds has been designed to NURP standards and sized for the future developed state of the site. The submitted drainage calculations show that the existing 10- and 100 -year runoff rates are being met, per City Code. On-site ponding should be adjusted, if necessary, at the time of site development to meet the City's requirements for proposed build -out conditions. In the future, when a development proposal is submitted, drainage and utility easements over the ponds and creek will be required. Erosion control has been shown on the plan in accordance with the City's Best Management Practices Handbook (BMPH). Staff would recommend additional Type 1 silt fence in the southeast comer of the site around the grading limits and around the proposed pond outlet apron. All disturbed areas as a result of construction are required to be reseeded and mulched within two weeks of site grading. If erosion control measures installed in conjunction with this interim use permit are deemed by the City to be ineffective, the City will inform the applicant in writing of any deficiencies. The applicant will be required to remedy the deficiencies prior to site development. The required remedy(ies) may include, but are not limited to: increased frequency of plantings, additional erosion control blanket, or terracing of the northernmost slope to permanently break up the length of the slope. Phasing is a very important management tool for erosion control. Stabilization of the toe (first 150 feet of the slope) is needed immediately upon final grade. Stabilization should continue to be done in phases. Large portions of the site should not be left exposed over weekends or during Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 6 of 10 forecasted heavy rains. The slopes should be tracked with a dozer at all times. The dozer should be run perpendicular to the slope to track the slope. The northeast "comer" of the slope continues to be an area of instability because storm water concentrates in the swale and could potentially form a gully. Currently only Type I silt fence has been installed in this area. As a condition of approval, Type II silt fence is recommended by staff and is shown on the Grading, Drainage, and Erosion Control Plan, dated August 6, 2004, submitted by the applicant. A terrace, turf reinforcement mat and slope drain will likely be needed in this area to promote long-term stability. Due to the steep slopes and long runs of the slope, straw -fiber rolls may be needed to aid in stabilization of all the slopes with the MnDOT Category 3, 2S wood -fiber blankets. The fiber rolls would help break up the length of slope and minimize erosion potential of the slope with the erosion control blankets. Six-inch fiber rolls are needed every 15 to 20 feet. Proper blanket application is crucial for this site. The blankets must make 100% contact with the soil and stapled according to manufactures specifications. The staple pattern is vital to proper blanket function. The blankets should be head trenched as well. Geotextile and riprap or geogrids or other approved stabilization is needed to provide toe protection; there is a chance the toe of the 2.5 to 1 may start head cutting without toe protection. The seed mix specified (MnDOT 500) should be changed to MnDOT Native mix 340 (Sandy Mid Height, dry conditions — i.e. south facing slope). An application rate of 16 pounds per acre is recommended (20 pounds per acre for hydroseeding or broadcasting). Depending on the final soil used, blanket application may be difficult. If the soil is too sandy, stapling the blanket over long runs will be futile. `Terracing' blankets or using strips of blankets with a heavy application of the seed mix (20 pounds per acre) and hydromulch will be needed. Silt fence should be installed at least 25 feet away from the toe of the slope to provide storage and allow the silt fence to function properly. As stated on the plan, the temporary sediment basins must be installed prior to grading activities. Berms may be needed to divert runoff into the basins along County Road 61. Subsurface storm water movement should be considered with surface movement of storm water. When considering storm water management, installation of draintile at the toe should be considered to reduce any future possibility of sloughing due to saturation from ground water or slope seepage. The applicant should be aware that if excess material is transported to another site in Chanhassen, a separate grading permit will be required for the other property. Permitted hours of operation will be 7:00 am. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. A proposed haul route must also be submitted as required. In addition, appropriate signage for hauling along County Road 61 will be required. Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 7 of 10 Grading on the east side of the creek must cease at or above the 756 -foot contour and all disturbed soils must be permanently stabilized and restored in accordance with the Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated August 8, 2004. Grading on the east side of the creek ceases at or above the 756 -foot contour; this must be reflected on the next plan submittal. Staff inspected the site on August 19, 2009, and the grading limits and erosion control have been installed at this contour. Terminating the grading at this elevation would more closely follow the natural drainage pattern in the area. It would also alleviate the need for additional storm sewer in the future in order to capture the drainage and route it back to Pond 2. The future developable area available would still be 12.4 acres. A phasing plan shall be required on an annual basis. The plan shall be subject to City staff review of conformance with the conditions of the interim use permit. Financial security to guarantee restoration and erosion control measures will be required with the annual updated phasing plan. The plan is also subject to administration fees. An administration fee shall be collected each year and shall be based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from the Uniform Building Code Appendix, Chapter 33. The applicant will need to request a formal extension 60 days prior to the expiration date for the Interim Use Permit. The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. The amount of the security shall be established annually and shall be submitted by the anniversary of the date of City Council approval. Type II, reinforced silt fence must be installed and maintained at northwest comer of project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type II silt fence must be reinforced using sediment logs, wire backing, or other effective Best Management Practice. Exposed, unworked soils must continue to be stabilized with temporary or permanent stabilization BMPs in accordance with the construction sequencing as stated in the Grading, Drainage, and Erosion Control Plan. Exposed, unworked erodible soils with positive slopes must continue to be stabilized using erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and Erosion Control Plan. All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated August 8, 2004, and phasing plan to be submitted by applicant. Tree preservation fencing must be installed at the edge of grading limits. No tree removal is allowed beyond the 756 contour on the east side of the creek. MnDOT Native Mix 340 be used for the seeding. All restored slopes shall be planted with trees. The trees shall be bare -root, Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 8 of 10 native species, one-half to one -inch in diameter, five to ten -foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). Spacing (feet) Trees per acre 5 x 5 1,742 6 x 6 1,210 7 x 7 889 8x8 681 10 x 10 436 RECOMMENDATION Staff and the Planning Commission recommends that the Planning Ceffifflis City Council adopt the following motion and adoption of the attached findings of fact and reeemmandatiee: 'The PlamaiRg Cammimian rveommsadR City Council approveles of Interim Use Permit, Planning Case #09-14, to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Bergquist, Inc., dated 7/30/09, subject to the following conditions: 1. The interim use permit shall be approved for a period often (10) years from the date of City Council approval. The applicant will need to request a formal extension 60 days prior to the expiration date of the interim use permit. 2. Permits from the appropriate regulatory agency must be obtained; including but not limited to the Minnesota Pollution Control Agency, Lower Minnesota River Watershed District and Carver County. The applicant must submit a phasing plan. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 4. An administration fee shall be collected each year and shall be based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from the Uniform Building Code Appendix, Chapter 33. 5. The applicant must submit a summary of the quantity of material that has been removed from the site and the quantity of remaining material. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 6. Grading on the east side of the creek must cease at or above the 756 -foot contour; this must be reflected on the next plan submittal. 7. The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use pemrit. The Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 9 of 10 amount of the security shall be established annually and shall be submitted by the anniversary date of City Council approval. 8. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 am. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 9. Grading on the east side of the creek must cease at or above the 756 -foot contour and all disturbed soils must be permanently stabilized and restored in accordance with the Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated August 8, 2004. 10. If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. 11. Type II, reinforced silt fence must be installed and maintained at the northwest comer of project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type II silt fence must be reinforced using sediment logs, wire -backing, or other effective Best Management Practice. 12. Exposed, unworked soils must continue to be stabilized with temporary or permanent stabilization BMPs in accordance with the construction sequencing as stated in the Grading, Drainage, and Erosion Control Plan. 13. Exposed, unworked erodible soils with positive slopes must continue to be stabilized using erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and Erosion Control Plan. 14. All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated August 8, 2004, and phasing plan to be submitted by applicant. 15. Tree preservation fencing must be installed at the edge of grading limits. 16. No tree removal is allowed beyond the 756 -foot contour on the east side of the creek. 17. MnDOT Native Mix 340 be used for the seeding. 18. All restored slopes shall be planted with trees. The trees shall be bare -root, native species, one-half to one -inch in diameter, five to ten -foot spacing in a random patter from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 10 of 10 Spacing (feet) Trees per acre 5 x 5 1,742 6 x 6 1,210 7x7 889 8x8 681 lox 10 436 19. A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. 20. Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue." ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Letter from Michael G. Baier to Alyson Fauske dated July 29, 2009. 4. Public Hearing Notice and Mailing List. 5. Rescheduled Public Hearing Notice and Mailing List. 6. Reduced Copy of Grading Plans Sheets 1 — 7, Prepared by Sather-Bergquist, Inc. Dated 7/30/09. gAplan\2009 planning cases\09-14 moon valley interim use pemmit\stafr report moon valley ext.doc CITY OF CHANHASSEN CARVER AND ]HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Fl► t Application of Terry Bros. Moon Valley, LLC and Moon Valley Aggregates, Inc. (Beatrice Zwiers) for an Interim Use Permit to permit grading, excavation and slope restoration. On September 15, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Terry Bros. Moon Valley, LLC and Moon Valley Aggregates, Inc. (Beatrice Zwiers) for an interim use permit for the property located at 100 and 220 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed interim use which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned A-2, Agricultural Estate District. 2. The property is guided by the Land Use Plan for Residential High Density. 3. The legal description of the property is: All that part of Government Lot 1, Section 36, Township 116, Range 23, Carver County, Minnesota, which lies northerly of Trunk Highway No. 212; and, 27 acres in the west half of northeast 1/4 south of the railroad and north of Trunk Highway No. 212, Section 36, Township 116, Range 23, Carver County, Minnesota; 1 acre in Government Lot 3 north of Trunk Highway 212 being that part of the northwest 1/4 of the northeast 1/4 and the northeast 1/4 of the northwest 1/4 in Government lots 2 & 3, Section 36, Township 116, Range 23, Carver County, Minnesota. 4. When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: a. The mining operation will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The site work will result in the stabilization and re -vegetation of the slope and the reduction in site erosion. b. The mining operation will be consistent with the objectives of the city's comprehensive plan and the zoning code by creating a future development area that may be developed consistently with the land use designation of the property and through the protection and stabilization of the slopes. The earthwork will be maintaining the site in a form suitable for residential use which is compatible with the Comprehensive Plan and this chapter. c. The mining operation will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area because the site will be re - vegetated and the slopes stabilized reducing site erosion. The aesthetics of the site will be enhanced with the elimination of the gullies/ravines in the site and the establishment of site vegetation. d. The mining operation will not be hazardous or disturbing to existing or planned neighboring uses because the grading and drainage will be contained within the site perimeters. Additionally, hours of operation are limited and specific conditions of approval will be in place and enforced by the city. e. The mining operation will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use since development of the site will be delayed until urban services are available. The use is temporary which does not need to be served by public facilities and services. The proposed grading will prepare the site for future development. The development of the site will require additional city review and approval. The mining operation will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community since this is a temporary use. When the site is developed in the future, the development will enhance the city's economic welfare. g. The mining operation will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The proposed grading could result in a temporary increase in traffic, noise and fumes. The conditions of the approval will provide standards by which the activities should be minimized. h. The mining operation will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Through the use of signage, limits on the hours of operation, and if traffic becomes congested, additional limits on the hours of hauling operation could be instituted, potential traffic problems will be mitigated. The mining operation will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The proposal will result in the removal of some existing canopy. However, the site will be re -vegetated and there will be less bluff impact vis-a-vis the previously approved gradingtrestoration plan for the site. j. The mining operation will be aesthetically compatible with the area since the grading and re -vegetation of the site will improve the site aesthetics. k. The mining operation will not depreciate surrounding property values since the plan will improve the site and its impacts on the surrounding properties. 1. The mining operation will meet standards prescribed for certain uses as provided in Chapter 7, Article III of the Chanhassen City Code. 5. The planning report #09-14 dated September 15, 2009, prepared by Alyson Fauske, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the interim use permit to permit grading, excavation and slope restoration. ADOPTED by the Chanhassen Planning Commission this 15"' day of September, 2009. CHANHASSEN PLANNING CONBUSSION M Its Chairman CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317—(952)227-1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: LSC (e Contact: r Phone:qc;a-9,.'{-as3, Fax:951-9Kg-3wS Email: cod+ Planning Case No. ) I �iTv OF RECEIVED SSEN JUL 3 0 2009 ^,HANHASSEN PLANNING DEPT Owner Name and Address: Moo �r.�`e.� pccocenn� rTnc. Contact eAr', ce :7L4 % e r s Phone Ciba -461- ,�Ili2 Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) <3°� Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB /Appl,car4- Pd TOTAL FEE $ GKN 5751 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED Jul 31 2009 14:15 PROJECT NAME: LOCATION: 100 LEGAL DESCRIPTION AND PID: TERRY BROS 9524430035 Yl 0— TOTAL ACREAGE: r S — Q aj(p0 2 GU WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION YES _, NO REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST- A)-Se- EQUES1T 1L �li nn. 7 t p.2 k" FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shalt be mailed to the applicant within 15 business days of application. This is to certify that 1 am making application for the described action by the City and that I am responsible for complying wth all City requirements with regard to this request. This application should be processed In my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. .r. � - of Applicant Date Mo • Date G:1PIanVu SkDevelopment Review Appricatim. Doc Rev. VM SCANNED 530 West 70 Street P.O. Box 340 Chanhassen, MN 55317 Tent' Bros. Moon Valley, LLC July 29, 2009 Alyson Fauske City of Chanhassen Re: Interim Use Permit for Moon Valley Dear Alyson: CITY OF CHANHASSEN RECEIVED JUL 3 0 2009 CHANHASSEN PLANNING DEPT I am writing to update you on the reclamation of the Moon Valley Gravel pit. I have also included our Development Review Application. As you know we started grading Moon Valley in 2006. I will give you some of the highlights of our progress: • All lead related to the old Gun range has been removed/neutmlized • All housing structures have been removed • The house well has been capped • The Eastern slope and Northeast comer have been graded and stabilized • Much of the North slope has been graded Although much has been accomplished many things remain to be done. As you know there is approximately I million yards of dirt to be removed from the site. Due to economic conditions, we have been unable to market this dirt as quickly as anticipated. Therefore, we estimate it will take an additional 10 years to restore Moon Valley to the agreed upon conditions. During this time we will continue to restore and stabilize the slopes as well as improve the storm water drainage quality of the site. I hope you will take into consideration the progress we have made thus far, and the mutual benefit the reclamation of the pit brings to us and the City of Chanhassen, and extend our interim use permit. Sincerely 4 , /1V� , at( V Michael G. Baier Terry Bros. Moon Valley, LLC ............................ SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on August 20, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing the Moon Valley IUP Renewal/Extension — Planning Case 09-14 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this,2t day of Auc 2009 1 Notary Kare J. Engelt dt, De ty Clerk KIM T. MEUWISSEN Notary Public -Minnesota My Commission Expires Jan 31. 201 0 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 1, 2009 at 7:00 p.m. This hearing may not start until later In the evening,depending on the order of theagenda. Location: City Hall Council Chambers 7700 Market Blvd. Proposal: Request for renewaVextension of an Interim Use Permit Proposal: Gradin on property zoned Agricultural Estate District A2 Applicant: Terry Bros. Moon Valley, LLC 100 & 220 Flying Cloud Drive Property (south of Hennepin County Regional Railroad, north of Flying Location: Cloud Drive and east of Sorensen Addition) A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the W What Happens Wthe Public hearing through the following steps: at Meeting: 1. Staff will give an overview of the proposed project. at Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/09-14.html. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at bgenerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public heading and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialAindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard, Some applications due to their complexity may lake several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersorvrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 1, 2009 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for renewal/extension of an Interim Use Permit Proposal: Gradin on property zoned Agricultural Estate District A2 Applicant: Terry Bros. Moon Valley, LLC 100 & 220 Flying Cloud Drive Property (south of Hennepin County Regional Railroad, north of Flying Location: Cloud Drive and east of Sorensen Addition) A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens W Wthe 1. Staff will give an overview of the proposed project. at Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sere/plan/09-14.htmI. If you wish to talk to someone about this project, please contact Robert Generous by email at baenerous@ci.chanhassen.mn.us or by Questions & phone at 952-227-1131. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciavndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council, If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. ALAN D & ANDREA S CARTY ALVIN R LEBENS ANDREW J KNIGHTON 675 LAKOTA LN 460 FLYING CLOUD DR 575 LAKOTA LN CHASKA, MN 55318-9455 CHASKA, MN 55318-9533 CHASKA, MN 55318-9455 ANTHONY L & JILL M URDAHL 6818 PROMONTORY DR EDEN PRAIRIE, MN 55346 - CHRISTOPHER & ERIN WETMORE 10072 TRAILS END RD CHANHASSEN, MN 55317-4594 DAVID CHARLES SWIFT 10141 TRAILS END RD CHANHASSEN, MN 55317-4593 J T INVESTMENTS LLC 8020 BEAVER HILLS LN CEDAR FALLS, IA 50613-9392 JOHN B & JANE A PAUL 9121 SABRE LN WESTMINSTER, CA 92683-5521 LARRY HOPFENSPIRGER 2720 QUAKER LN N PLYMOUTH, MN 55441-3285 LONNIE FORD 450 FLYING CLOUD DR CHASKA, MN 55318-9533 MICHAEL S SPIESS 470 FLYING CLOUD DR CHASKA, MN 55318-9533 BEATRICE I ZWIERS 17354 FURUBY RD SHAFER, MN 55074-9711 CUSHMAN ENTERPRISES INC 6545 FLYING CLOUD DR #101 EDEN PRAIRIE, MN 55344-3320 DEVAL U & DATTA D MEDH 535 LAKOTA LN CHASKA, MN 55318-9456 JAMES A & BONNIE B SWANSEN 615 LAKOTA LN CHASKA, MN 55318-9455 JOSEPH MORRISON 10053 TRAILS END RD CHANHASSEN, MN 55317-4594 LAVERNE C & EDYTHE B WHEELER 445 LAKOTA LN CHASKA, MN 55318-9457 LOWELL & CLAUDIA CAMPBELL 415 LAKOTA LN CHASKA, MN 55318-9457 NORMAN & KAROLINE L MONROE 565 LAKOTA LN PO BOX 115 CHASKA, MN 55318-0115 BEATRICE I ZWIERS IRREV TRUST 11111 DEUCE RD ELKO, MN 55020-9591 DAN & VALERIE TESTER 230 FLYING CLOUD DR CHASKA, MN 55318-9532 HENNEPIN CO REG RR AUTHORITY 300 6TH ST S SW STREET LEVEL MINNEAPOLIS, MN 55487-0999 JIMMY M & MARY E ROANE 9981 DEERBROOK DR CHANHASSEN, MN 55317-8552 KURT & HEIDI SCHEPPMANN 40 SETTLERS CT CHANHASSEN, MN 55317-4595 LAVONNE S DALLMAN PO BOX 285 SHAKOPEE, MN 55379-0285 MICHAEL J BERNASKI 10129 TRAILS END RD CHANHASSEN, MN 55317-4593 P R KELLY PROPERTIES LLC 550 FLYING CLOUD DR CHASKA, MN 55318-9502 PAUL E PUSCHINSKY PAUL J TAUNTON PAUL PUSCHINSKY 4196 COACHMAN LN NE 9980 DEERBROOK DR 4198 COACHMAN LN NE PRIOR LAKE, MN 55372-1132 CHANHASSEN, MN 55317-8551 PRIOR LAKE, MN 55372-1132 PCH DEVELOPMENT LLC RICK & HEATHER EHRMAN ROBERT A PARKER 10500 GREAT PLAINS BLVD 60 SETTLERS WEST CT 50 SETTLERS CT CHASKA, MN 55318-9470 CHANHASSEN, MN 55317-4595 CHANHASSEN, MN 55317-4594 RUSSELL & YVONNE BARTO 400 LAKOTA LN CHASKA, MN 55318-9452 THE WESTERN MOTEL LLC 15506 VILLAGE WOODS DR EDEN PRAIRIE, MN 55347-1439 U S FISH & WILDLIFE SERVICE ONE FEDERAL DR ST PAUL, MN 55111-4056 WILLIAM & ELIZABETH PETA 10065 TRAILS END RD CHANHASSEN, MN 55317-4594 STATE OF MINNESOTA - DNR 500 LAFAYETTE RD ST PAUL, MN 55155-4030 TIMOTHY M & VICTORIA A WISE 425 LAKOTA LN CHASKA, MN 55318-9457 VALEED A SHAIKH 30 SETTLERS CT CHANHASSEN, MN 55317-4595 CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 STEVEN JON & ANGELA S SMITH 240 FLYING CLOUD DR CHASKA, MN 55318-9532 TIMOTHY P & JAMI L BUSBY 595 LAKOTA LN CHASKA, MN 55318-9456 WALTER & MARTHA MOROZ 495 LAKOTA LN CHASKA, MN 55318-9457 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on August 31, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Rescheduled Public Hearing the Moon Valley HIP Renewal/Extension — Planning Case 09- 14 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this 31 day of t tjt-S4-- , 2009. Engt�dt, Dep9ty E KIM T. MEUWISSEN de, Notary Puolic-Minnesota My Commission Expires Jan 31, 201p CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF RESCHEDULED PUBLIC HEARING Dear Property Owner: On August 20, 2009, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: Request for renewal/extension of an Interim Use Permit (Grading) on property zoned Agricultural Estate District (A2) at 100 and 220 Flying Cloud Drive (south of Hennepin County Regional Railroad, north of Flying Cloud Drive, and east of Sorenson Addition) — MOON VALLEY. Applicant: Terry Bros. Moon Valley, LLC The public hearing has been RESCHEDULED for September 15, 2009 in the City Hall Council Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Robert Generous at 952-227-1131 or by email: bgenerous@ci.chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us/sery/plan/09-14.html CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF RESCHEDULED PUBLIC HEARING Dear Property Owner: On August 20, 2009, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: Request for renewal/extension of an Interim Use Permit (Grading) on property zoned Agricultural Estate District (A2) at 100 and 220 Flying Cloud Drive (south of Hennepin County Regional Railroad, north of Flying Cloud Drive, and east of Sorenson Addition) — MOON VALLEY. Applicant: Terry Bros. Moon Valley, LLC The public hearing has been RESCHEDULED for September 15, 2009 in the City Hall Council Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Robert Generous at 952-227-1131 or by email: bgenerous@ci.chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us/sery/plan/09-14.html ALAN D & ANDREA S CARTY ALVIN R LEBENS ANDREW J KNIGHTON 675 LAKOTA LN 460 FLYING CLOUD DR 575 LAKOTA LN CHASKA, MN 55318-9455 CHASKA, MN 55318-9533 CHASKA, MN 55318-9455 ANTHONY L & JILL M URDAHL 6818 PROMONTORY DR EDEN PRAIRIE, MN 55346 - CHRISTOPHER & ERIN WETMORE 10072 TRAILS END RD CHANHASSEN, MN 55317-4594 DAVID CHARLES SWIFT 10141 TRAILS END RD CHANHASSEN, MN 55317-4593 J T INVESTMENTS LLC 8020 BEAVER HILLS LN CEDAR FALLS, IA 50613-9392 JOHN B & JANE A PAUL 9121 SABRE LN WESTMINSTER, CA 92683-5521 LARRY HOPFENSPIRGER 2720 QUAKER LN N PLYMOUTH, MN 55441-3285 LONNIE FORD 450 FLYING CLOUD DR CHASKA, MN 55318-9533 MICHAEL S SPIESS 470 FLYING CLOUD DR CHASKA, MN 55318-9533 BEATRICE I ZWIERS 17354 FURUBY RD SHAFER, MN 55074-9711 CUSHMAN ENTERPRISES INC 6545 FLYING CLOUD DR #101 EDEN PRAIRIE, MN 55344-3320 DEVAL U & DATTA D MEDH 535 LAKOTA LN CHASKA, MN 55318-9456 JAMES A & BONNIE B SWANSEN 615 LAKOTA LN CHASKA, MN 55318-9455 JOSEPH MORRISON 10053 TRAILS END RD CHANHASSEN, MN 55317-4594 LAVERNE C & EDYTHE B WHEELER 445 LAKOTA LN CHASKA, MN 55318-9457 LOWELL & CLAUDIA CAMPBELL 415 LAKOTA LN CHASKA, MN 55318-9457 NORMAN & KAROLINE L MONROE 565 LAKOTA LN PO BOX 115 CHASKA, MN 55318-0115 BEATRICE I ZWIERS IRREV TRUST 11111 DEUCE RD ELKO, MN 55020-9591 DAN & VALERIE TESTER 230 FLYING CLOUD DR CHASKA, MN 55318-9532 HENNEPIN CO REG RR AUTHORITY 300 6TH ST S SW STREET LEVEL MINNEAPOLIS, MN 55487-0999 JIMMY M & MARY E ROANE 9981 DEERBROOK DR CHANHASSEN, MN 55317-8552 KURT & HEIDI SCHEPPMANN 40 SETTLERS CT CHANHASSEN, MN 55317-4595 LAVONNE S DALLMAN PO BOX 285 SHAKOPEE, MN 55379-0285 MICHAEL BERNASKI 10129 TRAILS END RD CHANHASSEN, MN 55317-4593 P R KELLY PROPERTIES LLC 550 FLYING CLOUD DR CHASKA, MN 55318-9502 PAUL E PUSCHINSKY PAUL J TAUNTON PAUL PUSCHINSKY 4196 COACHMAN LN NE 9980 DEERBROOK DR 4198 COACHMAN LN NE PRIOR LAKE, MN 55372-1132 CHANHASSEN, MN 55317-8551 PRIOR LAKE, MN 55372-1132 PCH DEVELOPMENT LLC RICK & HEATHER EHRMAN ROBERT A PARKER 10500 GREAT PLAINS BLVD 60 SETTLERS WEST CT 50 SETTLERS CT CHASKA, MN 55318-9470 CHANHASSEN, MN 55317-4595 CHANHASSEN, MN 55317-4594 RUSSELL & YVONNE BARTO 400 LAKOTA LN CHASKA, MN 55318-9452 THE WESTERN MOTEL LLC 15506 VILLAGE WOODS DR EDEN PRAIRIE, MN 55347-1439 U S FISH & WILDLIFE SERVICE ONE FEDERAL DR ST PAUL, MN 55111-4056 WILLIAM & ELIZABETH PETA 10065 TRAILS END RD CHANHASSEN, MN 55317-4594 STATE OF MINNESOTA - DNR 500 LAFAYETTE RD ST PAUL, MN 55155-4030 TIMOTHY M & VICTORIA A WISE 425 LAKOTA LN CHASKA, MN 55318-9457 VALEED A SHAIKH 30 SETTLERS CT CHANHASSEN, MN 55317-4595 CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 STEVEN JON & ANGELA S SMITH 240 FLYING CLOUD DR CHASKA, MN 55318-9532 TIMOTHY P & JAMI L BUSBY 595 LAKOTA LN CHASKA, MN 55318-9456 WALTER & MARTHA MOROZ 495 LAKOTA LN CHASKA, MN 55318-9457 i /_ t4we U-6 L Pit, R;lli • • 1IVA r ti C, _ � 1 • IIRA �� / rJ �}•0''�4♦ ' 'ilii SITE SUMMARYTIM1 Z. TOTAL ACREAGE(APPROX.). 75 Ac -. "" EROSION CONTROL• - _ i / ...•wii:' FENCE - TYPE 1 TOTAL BLUFF AREA IMPACT. 2.6 Ac TOTAL TREE CLEARING: 13A Ac �/ / TOTAL EXCAVATION: 1.8 MCY sawowi W m�� `� i. s3B ORO55 DEVELOPABLE AREA, IB.2 Ac 11.31Ab 1 c oO' �5� T 4.c -- 1.070LF nP �.: \\ w I 560L -1, SILT A 90LF Q i .l c�. I I 1 I I 9%IJI&: Imm' V\ EXISTING CONDITIONS PLAN r` MOON VALLEY GRAVEL MINE ? e SATHRE-BERISQUIST, INC. I 11 CHAMIA65EX. MNEBOTA naoumewnvrn w�.ul,xv�mn.nm TIE PEYIOM LAND COMPANY a"4<•, 0 e' I V-1 -1 W CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Terry Bros. Moon Valley, LLC and Moon Valley Aggregates, Inc. (Beatrice Zwiers) for an Interim Use Permit to permit grading, excavation and slope restoration. On September 15, 2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Terry Bros. Moon Valley, LLC and Moon Valley Aggregates, Inc. (Beatrice Zwiers) for an interim use permit for the property located at 100 and 220 Flying Cloud Drive. The Planning Commission conducted a public hearing on the proposed interim use which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned A-2, Agricultural Estate District. 2. The property is guided by the Land Use Plan for Residential High Density. 3. The legal description of the property is: All that part of Government Lot 1, Section 36, Township 116, Range 23, Carver County, Minnesota, which lies northerly of Trunk Highway No. 212; and, 27 acres in the west half of northeast '/s south of the railroad and north of Trunk Highway No. 212, Section 36, Township 116, Range 23, Carver County, Minnesota; 1 acre in Government Lot 3 north of Trunk Highway 212 being that part of the northwest 1/4 of the northeast'/4 and the northeast 1/4 of the northwest 1/4 in Government lots 2 & 3, Section 36, Township 116, Range 23, Carver County, Minnesota. 4. When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: a. The mining operation will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The site work will result in the stabilization and re -vegetation of the slope and the reduction in site erosion. SCANNED b. The mining operation will be consistent with the objectives of the city's comprehensive plan and the zoning code by creating a future development area that may be developed consistently with the land use designation of the property and through the protection and stabilization of the slopes. The earthwork will be maintaining the site in a form suitable for residential use which is compatible with the Comprehensive Plan and this chapter. c. The mining operation will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area because the site will be re - vegetated and the slopes stabilized reducing site erosion. The aesthetics of the site will be enhanced with the elimination of the gullies/ravines in the site and the establishment of site vegetation. d. The mining operation will not be hazardous or disturbing to existing or planned neighboring uses because the grading and drainage will be contained within the site perimeters. Additionally, hours of operation are limited and specific conditions of approval will be in place and enforced by the city. e. The mining operation will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use since development of the site will be delayed until urban services are available. The use is temporary which does not need to be served by public facilities and services. The proposed grading will prepare the site for future development. The development of the site will require additional city review, and approval. The mining operation will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community since this is a temporary use. When the site is developed in the future, the development will enhance the city's economic welfare. g. The mining operation will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The proposed grading could result in a temporary increase in traffic, noise and fumes. The conditions of the approval will provide standards by which the activities should be minimized. h. The mining operation will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Through the use of signage, limits on the hours of operation, and if traffic becomes congested, additional limits on the hours of hauling operation could be instituted, potential traffic problems will be mitigated. 2 i. The mining operation will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The proposal will result in the removal of some existing canopy. However, the site will be re -vegetated and there will be less bluff impact vis -ii -vis the previously approved grading/restoration plan for the site. j. The mining operation will be aesthetically compatible with the area since the grading and re -vegetation of the site will improve the site aesthetics. k. The mining operation will not depreciate surrounding property values since the plan will improve the site and its impacts on the surrounding properties. 1. The mining operation will meet standards prescribed for certain uses as provided in Chapter 7, Article III of the Chanhassen City Code. 5. The planning report #09-14 dated September 15, 2009, prepared by Alyson Fauske, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the interim use permit to permit grading, excavation and slope restoration. ADOPTED by the Chanhassen Planning Commission this 15s' day of September, 2009. M Oct- 14 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 15, 2009 Chairwoman Larson called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Kathleen Thomas, Debbie Larson, Mark Undestad, Denny Laufenburger, Dan Keefe, and Tom Doll MEMBERS ABSENT: Kevin Dillon STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; Alyson Fauske, Assistant City Engineer; and Terry Jeffrey, Water Resources Coordinator PUBLIC HEARING: MOON VALLEY: REOUEST FOR RENEWAL/EXTENSION OF INTERIM USE PERMIT (GRADING) ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT FLYING CLOUD DRIVE). APPLICANT: TERRY BROS. MOON VALLEY LLC, PLANNING CASE 09-14. Public Present: Name Address Michael Baier Terry Bros. Moon Valley LLC Dan Tester 230 Flying Cloud Drive Alyson Fauske presented the staff report on this item. Larson: Would you like to start? Undestad: Just one. I mean over the years has everything been going good? Fauske: It's been going very well. We've had, I think maybe two phone calls I've ever taken and it was with regards to the truck traffic and I've called Terry Bros and they have been very responsive to the concerns of the citizens so that's, you know in a 5 year, 10 year I think that's, they've been very responsive. Doll: I have no questions. Laufenburger: What's the long range plan for this property? ecmfto Chanhassen Planning Commission — September 15, 2009 Fauske: Ultimately it will be available for redevelopment. It's not within the current WSA. Sanitary sewer service to this area is a challenge, to say the least. A lift station unfortunately would have to go down Highway 101 but ultimately it would be available for redevelopment. Laufenburger: Okay. No other questions. Larson: Kathleen? Thomas: No, I don't have any questions. Larson: Dan? Keefe: I've got a couple. Is it a 5 year extension or is it a 10 year extension? It says in the report 10 years but is the total time 10 years? Fauske: I believe the total time is 10 years. I apologize. I misspoke earlier. Keefe: So 5 year extension from today? Or how. Fauske: 10 year. Generous: From council approval. Keefe: Okay so, just give me a timeline just a little bit. Fauske: I apologize. I misspoke. Keefe: We've been doing it for how long? Fauske: The original plan was in, yeah. '96 was the first. Pardon me, `92 was the first year that it was a permitted mining operation. Keefe: Okay. And then we're under the start of, I mean would, the start of the period we're under started when? Because then we're asking extension to that? I'm just trying to. Fauske: Sure. The last interim use permit was in 2004 so I'm sorry, I misspoke. That was a 5 year interim use permit. Now before you is a 10 year interim use permit. Keefe: Extension which would go on top of the one that was granted in '04. Fauske: Which would extend it to 2019. Keefe: And we don't expect that, because there was some plan which came through on this as I recall a few years back that somebody was. Aanenson: Yeah, can you go a few slides back. arl.,1,34 2 Chanhassen Planning Commission — September 15, 2009 Keefe: You know thinking about doing something over there. Aanenson: Yeah. We looked at that as part of the comprehensive plan. It is guided for high density. Now that we've got the County Road 61. Keefe: Yeah, I remember that. Aanenson: That's something that we're working on. Looking at as access points. The underlying property owner also has property to the east of this so there's a large piece, so we looked at that as a potential mixed use project because it has access onto a collector road so that isn't, so as part of this there is an ultimately reclamation plan and they're following that with the grading so we're left with something that has development potential. And that's what the Assistant City Engineer is talking about that, following that grading plan and that's what we're checking in on to make sure that we're consistent with that so we're left with something that can be developed in the future. Keefe: Yeah. We don't expect, what happens if somebody comes in and says now's the time to do it over the next 10 years? Are we locked out from doing anything? Aanenson: Well we've had that request from Eden Prairie that they could potentially service that or something but it's really for us. We don't believe it's right for development. We want to be the one to service it. Again as Alyson mentioned, we don't have utilities that far south yet so as a part of this, if you look at the, all the property along that 61 corridor. The bottom of the Y. There's a lot of development but if we let that all kind of break away, there's not enough then to form enough development potential to make it economically feasible down there. Keefe: Yeah. Aanenson: So we want to do that in a comprehensive, cohesive way so the first thing that we want to do, besides getting the Y fixed, is look at where those access points should be along County Road 61. But if you go, we looked at that with their 101 corridor study for some potential access points so that's something that we have on our radar screen, planning and engineering, to be working on in the short term. Keefe: Yeah. So we don't really see this, any of that happen, I mean planning for it will happen. Aanenson: Well. Keefe: Maybe while it's going on but there's not going to be any development on this. Aanenson: No, because as Alyson mentioned development slowed down and we're not going to be down that far. The first thing we've got to do is get the lift station up north off of the Powers project that we talked about to come down and there will be another lift station at the bottom so we're a ways out yet so we feel really confident with 10 years. It could be 10 years plus. 91 w Chanhassen Planning Commission — September 15, 2009 Keefe: It might be more. Aanenson: Yeah. Keefe: Okay. Okay. Where's the material going? Do we know? What are they using it, is it roadways or gravel roadways? Fauske: The applicant is here tonight and he would probably be able to give you a good indication of his clients. Keefe: Yeah. And then is any coming back into the site? Fauske: I believe they strip the top soil and the top soil that they salvage, that can be re -spread across the site but again the applicant could probably further expand on that. Keefe: Are there any issues with stuff coming back into it? I mean they're just going to re -use what's already there. Fauske: That's my understanding. Keefe: Okay. Alright, that's all. Larson: Okay. Well I just have a couple. I'm just looking at the picture that you've got up here. This trails and road. Is there development on that right now? Fauske: Yes. That's correct. That's the Settlers West development that came in 5 years ago. Larson: Okay. I mean it looks like empty lots from here but. Fauske: They're slowly filling in. Some of the, one of the lots on the southern end of the cul-de- sac was recently purchased and I believe they have a building permit application in. Larson: So is that Hennepin or Carver? Fauske: That is Carver County. Larson: It is. Okay. Aanenson: It gets access to that subdivision actually through Eden Prairie. Maybe you remember when that subdivision was coming in, we went out and walked that property. I think that's ... we talked about this. Keefe: Yeah, right ... great view. Aanenson: That we do have preservation of bluff around that. Maybe you can point to that Alyson. The green kind of around that, that was a bluff area. We preserved on the east side of n Chanhassen Planning Commission — September 15, 2009 that and to the west going towards Eden Prairie there's a ravines on both of those that we preserved. And then on the backs of those lots was a swale created so we didn't have direct runoff into this area. And part of the original reclamation plan with this is to re-establish that slope with our bluff ordinance up against that property. Larson: So that doesn't affect our property that requested. Aanenson: Right, right. And kind of how this discussion started is, Eden Prairie wanted, the developer wanted to develop that part of the property so in looking at how would we service that piece of property, would we really try to go up the road? Try to bring a road from the bottom to the top. We said no. Topographically it really needs to be serviced off of Pioneer so that's when we started working with Eden Prairie to service that property through, while it's in our jurisdiction, the sewer and water, that part's coming from Eden Prairie because we just felt like, the topography didn't work so that didn't make sense. But certainly on the bottom half, we want to tie the rest of that to everything coming through the city. So yes, we did go out there and walk all that. That's probably you're remembering the discussions about that. That's been a few years though. Keefe: I liked that though, yeah. Aanenson: Yeah. Larson: Okay. And the only other question I had is regarding the annual, let's see here. Phasing plan. Summary of the quantities removed. How does that work? I mean they just say okay this is what we did last year and this we expect to do? And then you re-evaluate, I mean does it get re-evaluated or. Fauske: Technically what we wanted to do. Originally we looked at, the City just felt that we should have some understanding of how much material's being moved off the site so we can gauge at what point do we expect that mining operation to shut down. So the interim use permit would allow them for 10 years but it's just a nice check and balance between the applicant and the city to have that, at least one time a year communication so that we know what's going on. We can touch base. What areas are being restored so that if a call does come in to City Hall we are aware of what's going on through there. Larson: Okay. So you know if things heat up in the building industry and things, they get this maybe done in 8 years instead of 10, then it could be re-evaluated and then ended or whatever? Fauske: Correct, and the other reason behind the annual review of material being removed is, as the economy flexes and the material being removed from the site, their expected removals from year to year change, we can have an up to date security, cash security in hand so that it's not financially onerous on the applicant to post the entire financial security at once. That we can have it changing year to year according to what their anticipated removals are. Larson: Alright. Any more questions that we have? Alright, have we got an applicant? Chanhassen Planning Commission — September 15, 2009 Michael Baier: B commission. This is, I'm Michael Baier and I'm representing Terry Bros and then through that I representing the land owner at Moon Valley and just want to maybe clarify a couple of things. Number one, this is a mining operation but not like you would think of. Basically what happened is this, in '92 it seems when the history it was a mining operation and much of the slopes were basically left mined out where they went straight up and down. We became aware of the project when we did the earthwork in Settlers West and had seen that and then at that cul-de-sac that you had been talking about, that was actually over cut and it was actually into that development and we had talked to the landowners at the time about restoring that particular slope there and kind of went on and talked about restoring that area so. So basically it is mining but with the idea of restoring the slopes and that land and not just having them go straight up and down which is what was going on in the past was a strip mining operation. And so with that in mind, with the grading plan that we received, it requires that a million, approximately a million yards has to come off the site in order to do that restoration so we are mining but it's kind of restoring and mining with in mind to reach that grading plan so. Any questions? Laufenburger: What are the materials that you're mining? Michael Baier: Mainly sand, although top soil and clay are also present there, but there's more of a market for sand. I think somebody had asked the market. The market is mainly roadways and commercial buildings for their, for the pads for soil corrections and things like that. That's the main goal and we have you know a variety of clients as a result of that. One thing too maybe to clarify is that we'd love to get done with it in a year. That means ... so believe me the 10 years isn't to extend it for us and we'd love to do it in a year so. Larson: Okay. Laufenburger: Actually I do have one other question. Your name again was? Michael Baier: Michael Baier. Laufenburger: Michael. One of the stipulations or, let me get to it. One of the recommendations talks about a driveway access to 230 and 240 Erie Avenue be maintained at all times. Where is that on the property? Michael Baier: That's on that, she'll put that up. That's on that second parcel to the west. Laufenburger: Ah, okay. Michael Baier: So that's, we haven't been active in that area. There's not anything interesting as far as mining materials there. It's mainly top soil and a mixture of stuff so that's something we'll do at the end. So we haven't affected at all any of those driveway accesses, but when we do for the drainage and things like that, that's definitely something we'll do. Laufenburger: Okay, thank you. 6 �i Chanhassen Planning Commission — September 15, 2009 Larson: Anyone else? Okay. Michael Baier: Thanks for your time. Larson: Thank you. I'll bring it back to. Let's see have we got anybody. Aanenson: You want to formally open the public hearing. Larson: What's that? Aanenson: Just state, just formally open the public hearing. Larson: Formally open the public hearing. If there's anybody in the audience who'd like to get up and speak. Okay. Dan Tester: I'm Dan Tester and I live at 230 Flying Cloud Drive and I just, I'm here to see what's, kind of what's going on with this and I guess I have a couple of questions or concerns and that's about the, well when this all started and came to the meeting, I don't know what it was, 5 years ago or 4 years ago and I had no idea that it was going to be like it is. Or that you know everything was went over in the meeting but seeing an entire bluff removed like it is, it's kind of weird that you can remove an entire bluff like that. But that's the way it is but now I'm wondering, is there any more of the bluff going to be removed in the plans? Like on the, along the highway. Michael Baier: Maybe you can tell me the area you're talking about. Dan Tester: This area, is this where it is presently? Right up to here. Has this been mined back here? Michael Baier: No, and actually as far as the elevation, that top elevation remains the same. So basically what it is, is the slope is just getting basically just kind of grooved in. As far as any height or whatever it doesn't lose any height in that area. Dan Tester: Okay, and my concern is this, what's left here. It's a big hill here and is that going to be removed? Michael Baier: That hill remains. Yep, that hill remains. Yep. Dan Tester: Alright. Michael Baier: Yeah, if you see that white line right there, that's the end of the grading limit and that's on top of that hill. Dan Tester: Is that kind of where it is right now or do you? 7 Chanhassen Planning Commission — September 15, 2009 Michael Baier: Right. Yep. That's as far as it goes. And then as far as slope removal, everything to that north and to the east, that was done before we were involved and actually that's the part of the slopes that we're actually restoring. So where they were cut straight up and down, like I said and that's the part that we're restoring so. And that area that you see that right there basically what we have done is we've mined sand in that area and then we'll be placing it with topsoils and stuff and planting trees and things there so, to restore that area. So it won't go any further towards the road and it won't go any lower in elevation. Dan Tester: Okay. The reason I ask is because it's kind of changed the weather down there and the noise a little bit. We hear the traffic coming through here but there's a big hill here. There's a big hill here. We hear the traffic as it goes through here and then nothing, and now we can hear it when they get traffic gets around here. Sometimes we can hear it coming through here and if this was all going to be removed, you know that would be kind of a, not a good deal for us. Michael Baier: Yeah, if you can see everything again on the outside of the white line will not be touched. Dan Tester: And then it's windier down there than it has been in the past because of that thing, you know which is, we can live with that and with what's been going on, it's been okay but those, that was my main concern. And then this here, this is the first time I've seen that there's going to be mining up here. Michael Baier: Yeah, there won't be any mining in there actually. I think that's, I don't know why that was added and I wasn't involved in the beginning stage for this plan. I think that was added for drainage purposes there. As far as any interesting soils there for me, personally I'd prefer not to do it, but it's part of the plan and I guess if that's something that you guys were interested in taking a look at, I don't know the history behind why that was added. Dan Tester: Because I don't remember it being there in any of the other meetings. Michael Baier: So to me again, you know I came on and that was part of the grading plan I was given so. And again I think that was more for drainage. For adding that pond and again protecting that creek there so. Dan Tester: And there is no plan for this for 10 years or 15 years for working in here, like this pond here? That is not anything current? Michael Baier: Towards the end of the permit, again like I said, that's not an interesting area for us so we would prefer to do that at the end. Aanenson: There's a creek that runs through there so there's probably some jurisdictional controls regarding erosion next to the creek and setback requirements so that would be a whole separate thing we'd have to evaluate. Chanhassen Planning Commission — September 15, 2009 Michael Baier: Yeah, my guess is that was again added there for, there to protect any runoff from the creek and it's probably something that's probably been needed to be done for years and they added that as a requirement. But again I can't speak on it's history. Dan Tester: Well, that's all. Thank you. Larson: Thank you Dan. Okay, I see there's nobody else so we will close the public hearing. Anybody have any comments? Keefe: Good with it. Larson: Yep, me too. Larson: Okay. Well, shall I entertain a motion? Keefe: Sure. I'll make a motion. The Chanhassen Planning Commission recommend City Council approve an Interim Use Permit Planning Case #09-14 to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Berquist Inc. dated July 30, 2009 subject to conditions 1 through 20 on pages 8 to 10 of the staff report. Larson: Have I got a second? Undestad: Second. Keefe moved, Undestad seconded that the Chanhassen Planning Commission recommend City Council approve an Interim Use Permit Planning Case #09-14 to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Berquist Inc. dated July 30, 2009 subject to the following conditions: 1. The interim use permit shall be approved for a period of ten (10) years from the date of City Council approval. The applicant will need to request a formal extension 60 days prior to the expiration date of the interim use permit. 2. Permits from the appropriate regulatory agency must be obtained; including but not limited to the Minnesota Pollution Control Agency, Lower Minnesota River Watershed District and Carver County. The applicant must submit a phasing plan. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 4. An administration fee shall be collected each year and shall be based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from the Uniform Building Code Appendix, Chapter 33. Chanhassen Planning Commission — September 15, 2009 5. The applicant must submit a summary of the quantity of material that has been removed from the site and the quantity of remaining material. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 6. Grading on the east side of the creek must cease at or above the 756 -foot contour; this must be reflected on the next plan submittal. 7. The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. The amount of the security shall be established annually and shall be submitted by the anniversary date of City Council approval. 8. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 9. Grading on the east side of the creek must cease at or above the 756 -foot contour and all disturbed soils must be permanently stabilized and restored in accordance with the Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated August 8, 2004. 10. If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. 11. Type 11, reinforced silt fence must be installed and maintained at the northwest comer of project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type II silt fence must be reinforced using sediment logs, wire -backing, or other effective Best Management Practice. 12. Exposed, unworked soils must continue to be stabilized with temporary or permanent stabilization BMPs in accordance with the construction sequencing as stated in the Grading, Drainage, and Erosion Control Plan. 13. Exposed, unworked erodible soils with positive slopes must continue to be stabilized using erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and Erosion Control Plan. 14. All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated August 8, 2004, and phasing plan to be submitted by applicant. 15. Tree preservation fencing must be installed at the edge of grading limits. 16. No tree removal is allowed beyond the 756 -foot contour on the east side of the creek. 17. MnDOT Native Mix 340 be used for the seeding. Chanhassen Planning Commission — September 15, 2009 18. All restored slopes shall be planted with trees. The trees shall be bare -root, native species, one-half to one -inch in diameter, five to ten -foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). Spacing (feet) Trees per acre 5 x 5 1,742 6 x 6 1,210 7 x 7 889 8x8 681 lox 10 436 19. A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. 20. Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue." All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Thomas approved the verbatim and summary minutes of the Planning Commission meeting dated August 18, 2009 as presented. Chair Larson adjourned the Planning Commission meeting at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 11 PROPOSED MOTION: The Chanhassen Planning Commission recommends City Council approval of Interim Use Permit Planning Case #09-14 to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Bergquist, Inc., dated 7/30/09, subject to conditions 1-20 on pages 8-10 of the staff report; and Adoption of the attached findings of fact and recommendation. SUMMARY OF REQUEST: The developer is requesting an extension of an Interim Use Permit (Grading) - Moon Valley Gravel Mine Restoration. B� LOCATION: 100 and 220 Flying Cloud Drive South of Hennepin County Regional Railroad, north of Flying Cloud Drive and east of Sorensen Addition. PID: 25-0360200 and 25-0360700 APPLICANT: Terry Bros. Moon Valley, LLC 530 West 79h Street P.O. Box 340 Chanhassen, MN 55317 (952)224-2536 mgbaier@terrybors.com PRESENT ZONING: Agricultural Estate District, A2 Beatrice Zwiers Moon Valley Aggregates, hmc. 11111 Deuce Road Elko, MN 55020 2020 LAND USE PLAN: Residential — High Density (net density range 8 —16 units per acre) ACREAGE: 72.24 acres DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets the excavating, mining, filling and grading standards of City Code and the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable standards are met, the permit must be approved. This is a quasi-judicial decision. PROPOSAL/SUMMARY The applicant is requesting an extension of the interim use permit to mine gravel from the site located north of Flying Cloud Drive, approximately one mile east of Highway 101. The original Interim Use Permit was granted on September 27, 2004 to Beatrice Zwiers of Moon Valley Aggregates, Inc. In 2006, Terry Brothers, Moon Valley, LLC took over the grading, excavation and slope restoration operation. Terry Brothers has requested that the Interim Use Permit be SCMUN Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 8 of 10 native species, one-half to one -inch in diameter, five to ten -foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). Spacing (feet) Trees per acre 5 x 5 1,742 6 x 6 1,210 7 x 7 889 8x8 681 10 x 10 436 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and adoption of the attached findings of fact and recommendation: "Che Planning Commission recommends City Council approval of Interim Use Permit Planning Case #09-14 to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Bergquist, hic., dated 7/30/09, subject to the following conditions: 1. The interim use permit shall be approved for a period often (10) years from the date of City Council approval. The applicant will need to request a formal extension 60 days prior to the expiration date of the interim use permit. 2. Permits from the appropriate regulatory agency must be obtained; including but not limited to the Minnesota Pollution Control Agency, Lower Minnesota River Watershed District and Carver County. 3. The applicant must submit a phasing plan. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 4. An administration fee shall be collected each year and shall be based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from the Uniform Building Code Appendix, Chapter 33. 5. The applicant must submit a summary of the quantity of material that has been removed from the site and the quantity of remaining material. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 6. Grading on the east side of the creek must cease at or above the 756 -foot contour; this must be reflected on the next plan submittal. 7. The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. The Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 1, 2009 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for renewallextension of an Interim Use Permit Gradin on property zoned Agricultural Estate District A2 Applicant: Terry Bros. Moon Valley, LLC 100 & 220 Flying Cloud Drive Property (south of Hennepin County Regional Railroad, north of Flying Location: Cloud Drive and east of Sorensen Addition) A location map is on the reverse side of this noti The putpose of this public hearing is to orm you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will glve an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City s projects web page at: www.ci.chanhassen.mn.us/sere/plan/09-14.htmi. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at baenerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss he item and make a recommendation to the city Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallmtlustrial. • Minnesota State Statute 579.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested personis). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have somethina to be included in the report, please contact the Planning Staff person named on the notification. ata located in various OI pG uN? Q? 111,"\N , „laed to be used „ N 16 1 `�\\ "N vv1 .<garding the area shown, and gfj 111 > .,d City does not warrant that the 160 % \ ��» . tsed to prepare this map are error free, and It 11ti1i �� .,IS Data can be used for navigational, tracking or an 1111 ..-acting measurement of distance or direction or precision in t , graphlc features. If errors or discrepancies are found please cont, -1107. The preceding disclaimer is provided pursuant to Minnesota Statu . &466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of 0L7= 049J82036654 $ 00.440 08/20/2009 CITYOF '�� Mailed From 55317 CITY.._. US POSTAGE 7700 Market Boulevard P.O. Bax 147 Chanhassen, Minnesota 55317 www.ci.chanhassen.mn.us LAVONNE S DALLMAN PO BOX 285 SHAKOPEE, MN 55379-0285 rj*p data Provided. . 1.111111JIIIHill 111111111111.1161616111III 1616L1116i SCANNED CITY OF CARVER & HENNEPIN COUNTIES CflANHASSEN NOTICE OF PUBLIC HEARING PLANNING CASE NO. 09-14 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 15, 2009, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for renewal/extension of an Interim Use Permit (Grading) on property zoned Agricultural Estate District (A2), located south of Hennepin County Regional Railroad, north of Flying Cloud Drive and east of Sorensen Addition (100 & 220 Flying Cloud Drive). Applicant: Terry Bros. Moon Valley, LLC A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/serv/plan/Qg-14.htmi or at City Hall during regular busi- ness hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, AICP, Senior Planner Email: bgenerous@ci.chanhassen.mn.us Phone: 952-227-1131- I 1 rity, recognition or travel. Post them on the fridge. ■ Define your standards of bal- ance. Standards are the things you say yes to. Examples could include: Family night one evening each week, no TV or e-mails after 7 p.m., or bed by 10 p.m. The more specific your standard, the easier to create your boundary. ■ Analyze your to-do list. Does your list align with your values? Does your list align with your standards? ■ Dump perfection. Completion is always better than perfect! ■ Grocery shop on the weekend. Have the ingredients in the house on 5 INGREDIENT LIVING —n -V Sunday for three evening meals for your week. Chere Bork, MS RD LN, is a health and life balance enthusiast, national speaker and wellcoach from Eden Prairie who helps people discover their purpose to live happily and healthfully. Her Web site is www.cherebork.com. V cI hLLAGER + (USPS 011-916) doctors to know of the heavy dul every day. Buddy, our f: service dog whet companion anis tors. He wears a 1 Dog vest. When service dog to I rights. He didn't him he broke thl Sadly, my da to this whole ex, example this ml his treatment of their animals. Buddy piddl true. I apologized. the first or last happen. I went to Ac Buddy was welc was able to buy a � i 0'-1 1 RECEIVED SEP 4 - 2009 CITY OF CHANHASSEN Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers (mown as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. / ad was published on the date or dates and in the newspaper stated in the attached Notice and said / Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuvwxyz C13Y: IN'�'/'�WS/UL • /VIA !/�w/a�/1'tJ Laurie A. Hartmann Subscribed and sworn before me on this day of-,JLP2LA ixii 2009 JYMME J. BARK `� NOTARY PUBLIC-MWNESOTA No ublic My Commission Expires 01/31/2013 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter..............................................$12.43 per column inch SCANNED CITY OF CARVER & HENNEPIN COUNTIES CHANHASSEN NOTICE OF PUBLIC HEARING PLANNING CASE NO. 09-14 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 15, 2009, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for renewal/extension of an Interim Use Permit (Grading) on property zoned Agricultural Estate District (A2), located south of Hennepin County Regional Railroad, north of Flying Cloud Drive and east of Sorensen Addition (100 & 220 Flying Cloud Drive). Applicant: Terry Bros. Moon Valley, LLC A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/sery/plan/09-14.html or at City Hall during regular busi- ness hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, AICP, Senior Planner Email: bgenerous@ci.chanhassen.mn.us Phone: 952-227-1131 174631 108146 73 3x3 9-3-09 ChVill mf Proof CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 09-14 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 15, 2009, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for renewal/extension of an Interim Use Permit (Grading) on property zoned Agricultural Estate District (A2), located south of Hennepin County Regional Railroad, north of Flying Cloud Drive and east of Sorensen Addition (100 & 220 Flying Cloud Drive). Applicant: Terry Bros. Moon Valley, LLC. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.ugserv/plan/09-14.htm1 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, AICP, Senior Planner Email: bgenerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on September 3, 2009) Date: August 3, 2009 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: August 21, 2009 By: Robert Generous, Senior Planner Subject: Moon Valley Gravel Mine Restoration — Request for Renewal of Interim Use Permit (Grading) on property zoned Agricultural Estate District (A2), located south of Hennepin County Regional Railroad, north of Flying Cloud Drive and east of Sorensen Addition —100 & 220 Flying Cloud Drive Applicant: Terry Bros. Moon Valley, LLC Owner: Beatrice Zwiers Planning Case: 09-14 PID: 25-0360200 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 31, 2009. The 60 -day review period ends September 29, 2009. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on September 1, 2009 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 21, 2009. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Pollution Control Agency 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. City of Eden Prairie SCANNED Location Map (Subject Property Highlighted in Yellow) Moon Valley Gravel Mine Restoration Interim Use Permit Planning Case 2009-14 X 362ft &CANNED SCANNED PID# 250360200 ; ,.J r 81 togriOM A 2709, Gtser Cotatq, Rinemta 362 ft Legend Parcel information Property Address: Taxpayer Information: Carver Roads 100 FLYING CLOUD DR BEATRICE I ZW IERS US"'" CHASKA , MN GO BEATRICE I GH,BRECH ssxtngs 17354 FURUBY RD SHAFER, MN 55074 cs�x soa, Parcel Properties c..raaa. Tax Acres: 39.18 r/ rssen Ina tgsun Homestead: N ftft a School District: 0112 Parcel Location Laktt Section: 36 Rands Township: 116 Cdrc 1008 Range: 023 Payable Year 2010 ast Sale Information Sale Date: 02/24/1986 Est Market Value Land: $875800 Sale Price: 5425000 Est Market Value Building: $0 Qualified/UnquBBed: UNQUALIFIED SALE Map Created: 7-31-2009 Est Market Value Total: 5875800 CARVER COUNTY GIS DISC AIMRR: Ti is map was created using Carver County's Geographic Information Systems (GIS), it is a compilation of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies wmained herein. SCANNED r CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 07/31/2009 8:52 AM Receipt No. 0106241 CLERK: katie PAYEE: Terry Bros Inc Moon Valley Interim Use Permit, Planning Case 09-14 ------------------------------------------------------- Use & Variance 425.00 Sign Rent 200.00 Recording Fees 50.00 Total Cash Check 5758 Change 675.00 0.00 675.00 0.00 :CANNED TERRY BROS., INC. Vendor: 7/27/09 5758 City of Chanhassen DATE CHECK NUMBER 5758 INVOICE NO. DATE AMOUNT DISCOUNT NET AMT. 675.00 SCANNED $675.00 Page 1 Permit MNG490000 Minnesota Pollution Control Agency National Pollutant Discharge Elimination System (NPDES) and State Disposal System (SDS) Permit MNG490000 for Construction Sand & Gravel, Rock Quarrying and Hot Mix Asphalt Production Facilities ISSUANCE DATE: December 20, 2006 EXPIRATION DATE: September 30, 2011 The Permittee is an owner or operator of facilities within the boundary of the state of Minnesota that: a) discharge storm water from construction sand and gravel, crushed and broken stone, or dimension stone mining and quarrying areas; b) discharge storm water from hot mix asphalt production areas; c) discharge pit dewatering flow from construction sand and gravel mine pits; and/or d) operate wet scrubber wastewater disposal systems at hot mix asphalt production plants. Owners or operators of the facilities identified above are covered under this permit if they have Provided a complete, approvable permit application, and have been notified in writing by the MPCA of permit coverage. The State of Minnesota, on behalf of its citizens through the Minnesota Pollution Control Agency (MPCA), authorizes the Permittee to construct, install and operate a disposal system at the facilities named above, and to discharge to receiving waters of the state of Minnesota, in accordance with the requirements of this permit. The goal of this permit is to protect water quality in accordance with Minnesota and U.S. statutes and rules. This permit is effective on the issuance date identified above, and supersedes previous general permit MNG490000 dated October 24, 2001, and issued for these facilities. This permit expires at midnight on the expiration date identified above. Signature: Michael (Mike) J Land and Water i Industrial Division Permits Section for Minnesota Control Agency If you have questions on this permit, including the specific permit requirements, permit reporting or permit compliance status, please contact: Minnesota Pollution Control Agency 520 Lafayette Road North Industrial Division St. Paul, MN 55155-4194 Telephone: (651) 297-2274 Fax: (651) 297-8683 Telephone Device for Deaf (TTY): (651) 282-5332 Printed on recycled paper containing at least 10% paper recycled by consumers. Page 2 Permit MNG490000 Table of Contents Page Chapter 1 General Aggregate/Asphalt, NPDES/SDS General Permit Applicability Criteria ...................................... 3 Facilities Covered 3-4 .................................................... Facilities Not Covered ................................................. 5 Individual Permit.......................................................... 6 SurfaceDischarges .......................................................................... 6 General................................................................................. 6 StormWater.................................................................. 7 Erosion Prevention Practices ................................ 8 Sediment Control Practices .................................. 9 Sand and Gravel Mine Pit Dewatering ................... 10-11 Pollution Prevention Plan ....................................................... 11 Facility Operation/Closure...................................................... 14 Wet Scrubber Wastewater Management ............................... 15 AnnualReport......................................................................... 18 General Requirements ......................... :................................... 19 General Conditions........................................................ 19 Sampling and Reporting ................................................. 20 Noncompliance and Enforcement ............................... 22 Operation and Maintenance.....................I.................... 23 Changes to the Facility or Permit ................................ 24 Definitions....................................................................... 26 Appendix 1 - Annual Report/Site Inventory Form Appendix 2 - New Site Notification Form Permit Issued: December 20, 2006 Permit Expires: September 30, 2011 Aggregate/Asphalt General Permit Chapter 1. General Aggregate / Asphalt I. General Permit Applicability Criteria - Facilities Covered 1.1 This permit applies to sites with the following facility activities: Page 3 Permit #: UNG490000 a. Construction sand and gravel mining areas (Standard Industrial Classification [SIC] Code 1442) that discharge stormwater and/or discharge mine pit dewatering water, and do not discharge washing or other process wastewater, to waters of the state. b. Dimension stone, crushed and broken limestone, crushed and broken granite, crushed and broken stone mining and quarrying areas (SIC Codes 1411, 1422, 1423 and 1429) that discharge stormwater and do not discharge pit dewatering water or washing or other process wastewater, to waters of the state. c. Hot mix asphalt production areas (SIC Code 295 1) that discharge stormwater, and/or install, construct, and operate wet scrubbers at hot mix asphalt production plants, but do not discharge the scrubber water to waters of the state. d. Uncontaminated asphalt and concrete rubble recycling at sites primarily engaged in facility activities associated with 8IC code 1442, and do not discharge washing or other process wastewater. 1.2 The stormwater discharges identified in item 1.1 above include stormwater discharges associated with construction activity and small construction activity, as defined in 40 CFR. part 122.26(b)(14)(x) and (b)(15), respectively. Pemmt Issued: December 20, 2006 Aggregate/Asphalt General Permit Page 4 - Permit Expires: September 30, 2011 Permit N: MNG490000' Chapter 1. General Aggregate / Asphalt 1. General Permit Applicability Criteria - Facilities Covered 1.3 The following activities are authorized at the sites identified in 1.1 above if the resulting wastewaters are collected, contained or infiltrate the ground and do not result in the release of pollutants to surface waters and if Best Management Practices are implemented to prevent contamination of ground water: a. fire hydrant flushings, b. discharges from fire fighting, c. potable water line flushing, d. uncontaminated air conditioning or compressor condensate, e. landscape watering, f. pavement wash waters where no detergents, solvents or degreasers are used and no spills or leaks of toxic materials have occurred (unless all spilled toxic or hazardous material has been removed), g. routine building wash down that does not use detergents, solvents or degreasers, h. foundation or footing drains that are uncontaminated, i. scale deck wash water that does not use detergents, solvents or degreasers, j. stormwater and deck wash water collected in holding tanks under scales, k. wash water associated with emergency cleaning of incapacitated mobile equipment, 1. wash waters associated with cosmetic cleaning of mobile equipment that does not use detergents, solvents or degreasers, in. waters used for dust control on crushers, conveyors and associated equipment, and n. concrete truck wash water. 1.4 Owners and operators of a site or sites with facility activities identified in item 1.1 above, and who provide a complete, approvable application for a permit are eligible for coverage under this permit for those activities. Owners and operators of these sites are covered under this permit for all the sites for those activities when the MPCA notifies them in writing of this coverage. 1.5 Not all activities covered by this permit will be conducted at each site covered under this permit. Therefore, only those provisions of this permit that address activities occurring at a particular site are applicable to that site. 1.6 Additional sites may be covered under this permit provided that the new site(s) meet all applicability criteria in items 1.1 through 1.4 of this permit and that all information required by the New Site Notification Form is submitted to the MPCA at least 10 days prior to initiation of land -disturbing activities at the new site(s) or initiation of operation at a previously developed site. Permit Issued: December 20, 2006 Permit Expires: September 30, 2011 Aggregate/Asphalt General Permit Page 5 Permit #: MNG490000 Chapter 1. General Aggregate / Asphalt 2. General Permit Applicability Criteria - Facilities Not Covered 2.1 Sites with facility activities that do not meet the criteria in the "Facilities Covered" section of this permit, including but not limited to the following facility activities, are specifically not authorized under this permit: a. Dewatering of mine or quarry areas other than those under SIC Code 1442; b. Surface discharges of sand and gravel washing wastewater to waters of the state;' c. Surface discharges of scrubber or other air emissions control'wastewaters to waters of the state; d. Surface discharges of cooling or boiler wastewater to waters of the state; e. Surface discharges of equipment/vehicle washing, cleaning and maintenance wastewaters; f. Contaminated ground water discharges; g. Petroleum refineries; h. Facilities that manufacture asphalt or asphalt emulsions; i. Dredging or filling of wetlands or other waters of the state; j. Discharges of hazardous substances, lubricants, fuel leaks or fuel spills; and, k. Sites for which Environmental Assessment Worksheets or Environmental Impact Statements are required by Minn. R. ch. 116D and/or 42 U.S.C. Sec 4321 - 4370f, until that environmental review is completed. 2.2 The following discharges are not authorized by this permit: a. Discharges that adversely impact or contribute to adverse impacts on a listed endangered or threatened species or adversely modify a designated critical habitat. This permit does not replace or satisfy any review requirements for endangered or threatened species, from new or expanded discharges that adversely impact or contribue to adverse inpacts on a listed endangered or threatened species or adversely modify a designed criitcal habitat. The owner must condut any required review and coordinate with appropriate agencies for any project with the potential of affecting endangered or threatened species, or their criticial habitat. b. Discharges which adversely affect properties listed or eligible for listing in the National Register of Historic Places or affecting known or discovered archeological sites. This permit does not replace or satisfy any review requirements for historic places or archeological sites, from new or expanded discharges which adversely affect properties lised or eligible for listing in the National Register of Historic Places or affecting known or discovered archeological sites. The owner must be in compiance with the National Historic Preservation Act and conduct all required review and coordination related to historic preservation, including significant anthropological sites and any burial sites, with the Minnesota Historic Preservation Officer. c. Discharges to calcareous fens listed in Minn. R. 7050.0180, subp. 6.b. d. A new or expanded discharge that may cause or contribute to a violation of water quality standards unless it meets the requirements of 40 CFR 122.40) or an existing discharge that the MPCA determines will cause or contribute to a violation of water quality standards unless it meets the requirements of 40 CFR 122.44. Peimitlnued: De mber20,2006 Aggregate/Asphalt General Permit Page6 Permit Expires: September 30, 2011 Permit #: MNG490000' Chapter 1. General Aggregate / Asphalt 2. General Permit Applicability Criteria - Facilities Not Covered 2.3 Pit dewatering discharges to the following receiving waters are not authorized by this permit. a. Outstanding Resource Value Waters (ORV Ws) as defined by Minnesota Rules 7050.0180 and as listed in Minnesota Rules 7050.0470, which can be accessed through the MPCA's web site at www.pca.state.mn.us; b. Watersheds of Department of Natural Resources (DNR) -designated trout waters (trout waters are designated in DNR Commissioners Order 2450, Minn. R. 6264.0050, subp. 3 and 4); this order may be obtained from the DNR by calling (612).296-3325); and, c. DNR -posted fish -spawning areas. 3. General Permit Applicability Criteria - Individual Permit 3.1 If the MPCA finds that the facility site of a permit applicant or a Permittee covered under this permit would be more appropriately covered under an individual permit, the MPCA may require an individual permit for the applicant or the Permittee, in accordance with Minn. R. 7001.02 10, subp. 6. In considering whether it is appropriate to issue an individual permit for a site, the MPCA will consider whether the site is contributing, or may contribute, to a water quality standard violation. 3.2 This general permit does not cover activities or discharges covered under a pre-existing individual permit unless the MPCA has specifically revoked or terminated that individual permit. 4. General Permit Requirements Water Quality Impaired Waters 4.1 If a site discharges to a water of the state that appears on the current U,S. Environmental Protection Agency (USEPA) approved list of impaired waters under Section 303 (d) of the Clean Water Act (33 U.S.C. Sec 303 (d)), the Permittee must review whether changes may be warranted in the site's Pollution Prevention Plan (Plan) to reduce the impact of the discharge. If an USEPA approved Total Maximum Daily Load (TMDL) has been developed, the Permittee must review the adequacy of the Plan to meet the TMDLs Waste Load Allocation. If the Plan is not meeting the applicable requirements, schedules and objectives of the TMDL, the Permittee must modify the site's Plan as appropriate, within I& months after the TMDL Waste Load Allocation is approved. 5. Surface Discharges General 5.1 Except for stormwater and sand and gravel mine pit dewatering flows meeting the terms of this permit, t discharges of wastewater to waters of the state are not authorized by this permit. 5.2 A wastewater discharge shall not cause or contribute to a violation of water quality standards unless the discharge meets all requirements of 40 CFR 122.44. 5.3 The MPCA may modify this permit, require corrective actions or take other actions if it determines that a discharge authorized by this permit is causing or contributing to a violation of water quality standards. 5.4 Floating solids or visible foam shall not be discharged in other than trace amounts. 5.5 Oil or other substances shall not be discharged in amounts that create a visible color film. 5.6 Any outlet pipe, culvert or hose outlets for the discharge shall be located on the ground. The Permittee shall install and maintain outlet protection measures, such as properly sized riprap, splash pads or gabions at the discharge stations (outlets) to prevent erosion. 5.7 All water from dewatering or basin draining activities must be discharged in a manner that does not cause nuisance conditions, erosion in receiving channels or on downslope properties, or inundation in wetland causing significant adverse impact to the wetland: Permit Issued: December 20, 2006 Permit Expires: September 30, 2011 Aggregate/Asphalt General Permit Chapter 1. General Aggregate / Asphalt 5. Surface Discharges 5.8 Requirements for Discharging to Wetlands: Page 7 Permit #: MNG490000 If the site has any discharges with the potential for significant adverse impacts to a wetland (e.g., conversion of a natural wetland to a stormwater pond), the Permittee must demonstrate that the wetland mitigative sequence has been followed. If the potential adverse impacts to a wetland on a specific site have been addressed by permits or other approvals from an official statewide program (U.S. Army Corps of Engineers 404 program, Minnesota Department of Natural Resources, or the State of Minnesota Wetland Conservation Act) that are issued specifically for the site, the Permittee may use the permit or other determination issued by these agencies to show that the potential adverse impacts have been addressed. For the purposes of this permit, deminimus actions are determinations by the permitting agency that address the site impacts, whereas a non jurisdictional determination does not address site impacts. 5.9 If there are impacts from the site that are not addressed in one of the permits or other determinations (e.g., permanent inundation or flooding of the wetland, significant degradation of water quality, excavation, filling, draining), the Permittee must minimize all adverse impacts to wetlands by utilizing appropriate measures. Measures used must be based on the nature of the wetland, its vegetative community types and the established hydrology. These measures include in order of preference: a. Avoid all significant adverse impacts to wetlands from site discharges. b. Minimize any unavoidable impacts to wetlands from site discharges. c. Provide compensatory mitigation when the Permittee determines that there is no reasonable and practicable alternative to having a significant adverse impact on a wetland. For compensatory mitigation, wetland restoration or creation shall be of the same type, size and whenever reasonable and practicable in the same watershed as the impacted wetland: Stormwater 5.10 For stormwater discharges within 2000 feet of Outstanding Resource Value Waters (ORV Ws) as defined in Minn. R. 7050.0180, subp.3, 4, 5, 6 and 6a, except calcareous fens listed in Minn. R. 7050.0180, Minn. R. 7050.0470, and/or to trout waters as listed in Minn. R. 6264.0050, subp. 2 and 4, the following additional Best Management Practices (BMPs) apply: a. All exposed soil areas with a slope of 3:1 or steeper, that have a continuous positive slope to a ORV W or trout waters must have temporary erosion protection or permanent cover within 3 days after the area is no longer actively being worked. All other slopes that have a continuous positive slope to a ORV W or trout waters must have temporary erosion protection or permanent cover within seven (7) days after the area is no longer actively being worked. b. Temporary sediment basin requirements must be used for common drainage locations that serve an area with five (5) or more acres disturbed at one time. C. The water quality volume that must be treated by the site's stormwater management system shall be one (1) inch of runoff from the new impervious surfaces created at the site, d. An undisturbed buffer zone of not less than 100 linear feet from the receiving water (not including tributaries) shall be maintained at all times. Exceptions from this requirement for areas, such as water crossings or limited water access, are allowed if the Permittee fully documents in the Plan the circumstances and reasons that the buffer encroachment is necessary. All potential water quality, scenic and other environmental impacts of these exceptions must be minimized and documented in the Plan for the site. Permit Issued: December20,2006 Aggregate/Asphalt General Permit pop Permit Expires: September 30, 2011 - Permit #: Mk,190000 Chapter 1. General Aggregate / Asphalt 5. Surface Discharges 5.11 For stormwater discharges within 2000 feet of those ORV Ws identified in Minn. R. 7050.0180 subp. 3, 4, and 5, Minn. R. 7050.0470, and trout lakes identified in Minn. R. 6264.0050 subp.2 the stormwater management system must be designed such that the pre and post project runoff rate and volume from the 1 and 2 -year 24-hour precipitation events remains the same. . 5.12 For stormwater discharges within 2000 feet of trout streams as listed in 6264.0050 subp. 4, the following additional BMPs for temperature controls apply: The stormwater management system must be designed such that the discharge from the site will minimize any increase in the temperature of trout stream receiving waters resulting from the 1 and 2 -year 24-hour precipitation events. This includes all tributaries of designated trout streams within the section that the trout stream is located. Sites that discharge to trout streams must minimize the impact using one or more of the following. measures, in order of preference: a. Minimize new impervious surfaces. b. Minimize the discharge from connected impervious surfaces by discharging to vegetated areas, or grass swales, and through the use of other non-structural controls. c. Infiltration or evapotranspiration of runoff in excess of pre -project conditions (up to the 2 -year 24-hour precipitation event). d. If ponding is used, the design must include an appropriate combination of measures -such as shading, filtered bottom withdrawal, vegetated swale discharges or constructed wetland treatment celli that will limit temperature increases. The pond should be designed to draw down in 24 hours or less. e. Other methods that will minimize any increase in the temperature of the trout stream. Erosion Prevention Practices 5.13 The Permittee must plan for and implement appropriate phasing, vegetative buffer strips, horizontal slope grading, and other practices that minimize erosion. The location of areas not to be disturbed must be delineated (e.g. with flags, stakes, signs, silt fence etc.) on the site before work begins. 5.14 All exposed soil areas with a continuous positive slope that pose a risk of sediment discharge to waters (not including water inside the pit), must have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following slopes and time frames: Type of Slope Time (Maximum time an area can remain open when the area is not actively being worked.) Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed stormwater management pond side slopes, and any exposed soil areas with a positive slope to a stormwater conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man-made systems that discharge to a surface water. 5.15 The normal wetted perimeter of any temporary or permanent drainage ditch that drains water from a site, or diverts water around a site, must be stabilized within 200 lineal feet from the property edge, or from the point of discharge to any surface water. Stabilization must be completed within 24 hours of connecting to a surface water. 5.16 Pipe outlets must be provided with temporary or permanent energy dissipation within 24 hours of connection to a surface water. Permit Issued: December 20, 2006 Permit axpires: September 30, 2011 Aggregate/Asphalt General Permit Chapter 1. General Aggregate / Asphalt 5. Surface Discharges Sediment Control Practices Page 9 Permit #: MNG490000 5.17 Sediment control practices must minimize sediment from entering surface waters, including curb and gutter systems and storm sewer inlets. a. Sediment control practices must be established on all down gradient perimeters before any upgradient land disturbing activities begin. These practices shall remain in place until final stabilization has been established. b._ If the down gradient treatment system is overloaded, additional upgradient sediment control practices must be installed to eliminate the overloading, and the Pollution Prevention Plan must be amended to identify these additional practices. 5.18 The timing of the installation of sediment control practices may be adjusted to accommodate short-term activities such as clearing or grubbing, or passage of vehicles. Any short-term activity must be completed as quickly as possible and the sediment control practices must be installed immediately after the activity is completed. However, sediment control practices must be installed before the next precipitation event even if the activity is not complete. 5.19 All storm drain inlets must be protected by appropriate Best Management Practices (BMPs) until all sources with potential for discharging to the inlet have been stabilized. 5.20 Temporary erodable stockpiles or strippings/overburden stored outside the pit must have silt fence or other effective sediment controls, and cannot be placed in surface waters, including stormwater conveyances_ such as curb and gutter systems, or conduits and ditches. 5.21 Vehicle tracking of sediment onto paved surfaces from the site or operation must be minimized by BMPs such as stone pads, concrete or steel wash racks, or equivalent systems. Street sweeping must be used if such BMPs are not adequate to prevent sediment from being tracked onto the street. i 5.22 Where ten (10) or more acres of disturbed soil drain to a common location, a sediment basin must be provided prior to the runoff leaving the site or entering surface waters. The Permittee is encouraged, but not required, to install temporary sediment basins where appropriate in areas with steep slopes or highly erodible soils even if less than ten (10)'acres drains to one area. The basins must be designed and constructed according to the following requirements: a. The basins must provide storage below the outlet pipe for a calculated volume of runoff from a 2 year, 24 hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1800 cubic feet of storage below the outlet pipe from each acre drained to the basin. b. Where no such calculation has been performed, a sediment basin providing 3,600 cubic feet of storage below the outlet pipe per acre drained to the basin, shall be provided where attainable until final stabilization of the site. c. Temporary basin outlets must be designed to prevent short-circuiting and the discharge of floating debris. The basin must be designed with the ability to allow complete basin drawdown (e.g., perforated riser pipe wrapped with filter fabric and covered with crushed gravel, pumps or other means) for maintenance activities, and provide a stabilized emergency overflow to prevent failure of pond integrity. Energy dissipation must be provided for the basin outlet. d. Where the sediment basin is not attainable due to site limitations, equivalent sediment controls such as smaller basins, and/or sediment traps, silt fences, vegetative buffer strips, or any appropriate measures are required for all down slope boundaries of the area and for those side slope boundaries deemed appropriate by individual site conditions. 5.23 In determining whether installing a sediment basin is attainable, the Permittee must consider public safety and may consider factors such as site soils, slope, and available area on site. This determination must be documented in the Pollution Prevention Plan. Permit Issued: December 20, 2006 Aggregate/Asphalt General Permit Page to Permit Expires: September 30, 2011 Permit #: MNG490000' Chapter 1. General Aggregate / Asphalt 5. Surface Discharges 5.24 All nonfunctional BMPs must be repaired, replaced, or supplemented with functional BMPs. The Permittee must investigate and comply with the following requirements: a. All silt fences must be repaired, replaced, or supplemented when they become nonfunctional or the sediment reaches 1/3 of the height of the fence. b. If utilizing sedimentation basins, the basins must be drained and the sediment removed when the depth of sediment collected in the basin reaches 1/2 the storage volume. c. Surface waters, including drainage ditches and conveyance systems, must be inspected for evidence of sediment being deposited by erosion. The Permittee must remove all deltas and sediment deposited in surface waters, including drainage ways, catch basins, and other drainage systems, and re -stabilize the areas where sediment removal results in exposed soil. This removal and stabilization must take place unless precluded by legal, regulatory, or physical access constraints. The Permittee shall use all reasonable efforts to obtain access. If precluded, removal and stabilization must take place within seven calendar days of obtaining access. The Permittee is responsible for contacting all local, regional, state and federal authorities and receiving any applicable permits prior to conducting any work. d. Tracked sediment onto offsite paved surfaces must be removed. e. All infiltration areas must be inspected to ensure that no sediment from ongoing activities is reaching the infiltration area and these areas are protected from compaction due to equipment driving across the infiltration area. Sand and Gravel Mine Pit Dewatering Permit Issued: December 20, 2006 Permit Hzpires: September 30, 2011 Aggregate/Asphalt General Permit Chapter 1. General Aggregate / Asphalt 5. Surface Discharges Page 1 I Permit #: MNG490000 5.25 The Permittee is authorized to discharge pit dewatering flow if the following conditions are met: a. The pit dewatering flow has not been mixed with sand and gravel washing or other non -storm wastewaters. b. The wastewater is from SIC Code 1442 (Construction Sand and Gravel Mining Facilities). c. The Permittee has provided locational data and initial flow estimates prior to permit issuance, for surface discharge stations that discharge Sand and Gravel Mine Pit Dewatering flow. d. Pollutant monitoring for pit dewatering discharges is required at least once annually by this permit. The Permittee must comply with the following discharge effluent limits: i. Total Suspended Solids, which must be no more than a maximum of 30 milligrams per liter, ii. Turbidity, which must be no more than a maximum of 25 nephalometric turbidity units (NT[n• and, iii. pH, which must be within a range of 6.5 to 8.5 standard units. e. The Permittee complies with flow monitoring for surface discharge stations that discharge Sand and Gravel Mine Pit Dewatering flow, as described below. Flow shall be determined daily during periods of discharge by taking a continuous measurement sample. Refer to the Definitions' section for more information on reporting 'Calendar Year Average', 'Calendar Year Maximum' and 'Calendar Year Total'. i. Calendar Year Average Flow, in million gallons per day (mgd). Report one number that reflects the average, on a calendar year basis, that was discharged each day the discharge was active. ii. Calendar Year Maximum Flow, in million gallons per day (mgd). Report one number that reflects the maximum day flow that was discharged during the reporting period. iii. Calendar Month Total Flow, in million gallons (MG).. Report the total flow discharged during the reporting period. 5.26 The Permittee shall submit monitoring results for the pit dewatering discharges on the Discharge Monitoring Report (DMR) forms provided. 5.27 The Permittee must ensure that the discharge does not adversely affect the receiving water. The Permittee must ensure that discharge points are adequately protected from erosion and scour. The discharge must be dispersed over rock riprap, sand bags, plastic sheeting or other -accepted energy dissipation measures. All water from dewatering activities must be discharged in a manner that does not cause nuisance conditions, erosion in receiving channels or inundation in wetlands causing significant adverse impacts to the wetland. 5.28 Any inlet pipe, culvert or hose for the discharge shall be raised above the ground so that the discharge flow does not draw in and transport solids from the sump area. 6. Pollution Prevention Plan 6.1 The Permittee shall prepare and implement a Pollution Prevention Plan (Plan), according to good engineering practices, for each site covered under, this permit. 6,2 The Plan shall describe appropriate site-specific Best Management Practices (BMPs) to reduce or eliminate water pollution at the site. 6.3 The Plan shall be completed before conducting any of the activities covered by this permit at the site. The Plan shall be implemented at the site before the Permittee is covered for that site. NmitInmd: Dm mber20,2006 Aggregate/Asphalt General Permit Page Iz Permit Expires: September 30, 2011 Chapter 1. General Aggregate / Asphalt 6. Pollution Prevention Plan Permit #: MNG490000 6.4 The Plan and associated records shall be maintained on site whenever practible. If there is no suitable storage facility on site, the Plan and records may be maintained at a readily available off-site location. Plan Contents 6.5 The Plan for each site shall include a site map, which does not need to be a surveyed map, at least to the level of detail indicated on a 7.5 -minute U. S. Geological Survey quadrangle map, that identifies: - Public Land Survey (Section/Township/Range), or Latitude/Longitude, location; - Topography of the area; - Wetlands, ditches, streams, ponds, lakes and other nearby surface waters; - Identification of the DNR -designated trout waters within one mile of the site (Mn R.6264.0050 subp. 2 and 4) (http://www.revisor.leg.state.rnn.us/arule/6264/0050.htnil); - Identification of ORVWs within one mile of the site (Mn R.7050.0180) (http://www.revisor.leg.state.mn.us/arule/7050/0180.html); - Identification of Section 303(d) of the Clean Water Act, Impaired Waters within one mile of the site (http://www.pca.state.mn.uslwater/tmdl/index.html); - Water supply wells; - Surface water supply intakes; - Pit dewatering points; - Directions of stormwater runoff from the site; and, - Name of surface water that receives any surface discharge. -�A Permit Issued: December 20, 2006 Permit Expires: September 30, 2011 Aggregate/Asphalt General Permit Chapter 1. General Aggregate / Asphalt 6. Pollution Prevention Plan Page 13 Permit p: MNG490000 6.6 The Plan for the site shall include a list of potential pollution sources at the site. This list shall include at least the following activities and structures if present: Excavation; - Crushers and screening; - - Materials storage, particularly for chemicals and explosives; - Overburden, waste and product stockpiles; - Conveyors; - Materials loading and unloading; - Roads and vehicle parking; - Aboveground and underground fuel storage, and fueling; - Vehicle and equipment maintenance, repair and lubrication; - Vehicle and equipment washing and cleaning; - Buildings; - Asphalt storage tanks; - Hot mix asphalt production plants; - Truck box lubrication and cleaning; - Wet scrubber containment structures; and, - Sediment and sludge storage. 6.7 External washing of trucks and other vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site. 6.8 The Plan for the site shall include a description, including operation and maintenance procedures, of the BMPs implemented to minimize or eliminate pollution at the site, including those BMPs specifically required by this permit. The BMPs shall include perimeter controls that prevent sediment from leaving the site (including the vehicle tracking of sediment to public roads), as well as stabilization controls that prevent erosion from being generated at the site. These BMPs also shall include measures to reduce and eliminate the contact of stormwater with significant materials such as used oil, lubricants, fuels and batteries. If a site discharges to a water of the state that appears on the current USEPA approved list of impaired waters under Section 303 (d) of the Clean Water Act (33 U.S.C. Sec. 303 (d)), the Permittee must evaluate and make appropriate changes to the Pollution Prevention Plan to ensure compliance with the subject water quality standard. Permit Issued: December 20, 2006 Aggregate/Asphalt General Permit , Page 14 Permit Expires: September 30, 2011 Permit M MNG490006 Chapter 1. General Aggregate / Asphalt 6. Pollution Prevention Plan 6.9 For waters of the state potentially impacted by the site, the Plan must specifically state how it addresses the protection of these waters if they are included on the current U.S. Environmental Protection Agency (EPA) approved list of impaired waters under Section 303(d) of the Clean Water Act. The Plan also must specifically state how it addresses the protection of these waters if the EPA has approved TMDLs for these waters. The Plan must state that the Permittee, on at least an annual basis, reviews (for example, at http://www.pca.state.nm.us/water/tmdl/index.html) the current EPA approved list of impaired waters and the TMDLs to determine if, and to what extent, the site's Plan must address these impairments and TMDLs. 6.10 The Plan for the site shall include the names and telephone numbers of at least two employees of the Permittee who are responsible for ensuring that the Plan is implemented and maintained. One of these employees shall be the Permittee's central contact person for permit compliance issues. These employees shall be available to other employees and to the MPCA during normal hours of operation at the site. Inspection and Maintenance 6.11 At least one of the designated employees shall inspect the site at least monthly during active operations to ensure that the Plan is followed, and that the Permittee is in compliance with the requirements of this permit. 6.12 The Permittee shall keep a written record of the inspections, and shall update the information required for the Annual Report/Site Inventory Form, as needed. 6.13 All inspections and maintenance conducted must be recorded in writing and these records must be retained with the Pollution Prevention Plan. Records of each inspection and maintenance activity shall include: a. Date and time of inspections; b. Name of person(s)) conducting inspections; c. Findings of inspections, including recommendations for corrective actions; d. Corrective actions taken (including dates, times, and parry completing maintenance activities); e. Date and amount of all rainfall events greater than 1/2 inch (0.5 inches) in 24 hours, obtained by actual measurement at the site, data from the nearest National Weather Station or local precipitation data found at http://www.crh.noaa.gov/mpx/ and f Documentation of changes made to the Plan. 7. Facility Operation Final Stabilization and Closure 7.1 In order to be released from the inspection, recording and reporting requirements of this permit for a site where the Permittee no longer conducts the activities authorized by this permit, the Permittee shall ensure and certify on the Annual Report/Site Inventory Form that: a. There is no stormwater runoff and/or pit dewatering from the site; or b. The Permittee certifies that a new owner or operator has assumed responsibility for the site; or c. The site closure achieves final stabilization. Permit Issued: December 20, 2006 Permit Expires: September 30, 2011 Aggregate/Asphalt General Permit Chapter 1. General Aggregate / Asphalt 7. Facility Operation 7.2 Site closure must achieve final stabilization as follows: Page 15 Permit k: MNG490000 a. The drainageways that leave the site are stabilized to prevent erosion with riprap or other protective material. b. The soil disturbing activities at the site are completed and all soils are stabilized by a uniform perennial vegetative cover with a density of 70 percent over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions. c. The drainage ditches constructed to drain water from the site are stabilized to preclude erosion. d. The temporary synthetic, and structural erosion prevention and sediment control BMPs (such as silt fence) are removed. e. The Permittee cleans out all sediment from conveyances and from temporary sedimentation basins that are to be used as permanent water quality management basins; sediment must be stabilized to prevent it from being washed back into the basin, conveyances or drainage -ways discharging off-site or to surface waters. The cleanout of permanent basins must be sufficient to return the basin to design capacity. f The Permittee installs permanent stormwater treatment for new impervious surfaces created as a result of the activities covered by this permit. The permanent stormwater treatment must be designed for 0.5 inches of runoff from all created impervious surfaces. g. Other BMPs as necessary are implemented so as to prevent erosion from the site excavation areas and stockpiles that have been used by the Permittee. 7.3 A Permittee seeking to certify that a site complies with this part shall inspect the site to verify compliance before providing certification to the MPCA. 7.4 After the Permittee has certified on the Annual Report/Site Inventory Form that a site complies with this part, the site can be released and the Permittee is no longer required to inspect, record and report on that site. 8. Wet Scrubber Wastewater Management . Containment Structures 8.1 Wastewater from hot mix asphalt production wet scrubbers shall be held within pipes, aboveground tanks or .impoundments. Pipes mean hollow cylinders or tubes constructed of non -earthen materials. Tanks mean structures supported by concrete, fiberglass or metal, and which are designed to hold liquids. Impoundments mean topographic depressions designed to hold liquids. 8.2 Pipes and tanks shall be operated and maintained to prevent leaks. Cracks or other failures in pipes or tanks shall be repaired immediately. If pipes are buried, or pipes or tanks are in contact with the land surface, they shall be inspected at least once before each operating year to locate and repair cracks or other failures. Impoundments 8.3 An engineer registered in Minnesota shall prepare the impoundment design plans and specifications, in accordance with the criteria in this part. The Permittee shall construct the impoundment in accordance with these design plans and specifications. An engineer registered in Minnesota, or a principal executive officer (for a corporation) or the proprietor (for a sole proprietorship), shall certify that the impoundment has been constructed in accordance with the design plans and specifications. 8.4 Impoundments shall be designed, constructed, operated and maintained so that the infiltration rate is no greater than 500 gallons per acre per day. Permit Issued: December 20, 2006 Aggregate/Asphalt General Permit pap 16 Permit Expires: September 30, 2011 - Permit #: MNG490000 Chapter 1. General Aggregate / Asphalt 8. Wet Scrubber Wastewater Management 8.5 The Permittee shall conduct a water balance on each impoundment, and shall inspect each impoundment for cracks or other failures, at least once each operating year. This water balance and inspection shall be conducted after the spring thaw and before the start of the asphalt plant operating season. The inspector shall prepare a written report of each water balance and inspection. Any cracks or other failures shall be repaired immediately, and certified by an engineer registered in Minnesota, or by a principal executive officer (for a corporation), or by the proprietor (for a sole proprietorship). 8.6 The Permittee shall keep signed copies of the impoundment design plans and specifications, construction certifications, water balance and inspection reports, and repair certifications with the asphalt plant at all times. 8.7 The Permittee shall divert surface water runoff around impoundments, prevent erosion, and protect the structural integrity of exterior embankments from failure. 8.8 The Permittee shall maintain impoundments during the winter so that ice layers and frost action do not damage the liner effectiveness arid integrity. 8.9 Construction of impoundments in close proximity to drinking water supplies and other areas subject to contamination should be avoided. A minimum separation of four feet between the top of the impoundment seal and the high water table shall be maintained. Drain tile under the impoundment shall not be used to permanently lower the water table. A minimum separation of ten feet between the top of the impoundment seal and bedrock formations shall be maintained. Impoundments shall not be constructed on locations with karst topography. 8.10 Impoundments shall be constructed utilizing at least a 30 -mil -thick continuous Polyvinyl Chloride (PVC) or High Density Polyethylene (HDPE) liner, or a reinforced Portland cement concrete liner. A PVC or HDPE liner, not replaced on an annual basis, shall be covered with at least one -foot depth of finely textured soil. Liquid depths for impoundments shall be designed for a maximum of six feet. 8.1.1 No PVC or HDPE liner panels shall be used at more than one site without the prior written approval of the MPCA. The Permittee shall remove and properly dispose of used PVC and HDPE liner materials in accordance with applicable solid waste statutes and rules. 8.12 The subsoil bed for a PVC or HDPE liner shall be sufficiently prepared to ensure that all holes, rocks, stumps and other debris are eliminated. The subsoil shall be sieved or the area raked after grading to provide a smooth, flat surface free of stones and other sharp objects. The subsoil bed shall be sloped at least 1% upward toward the dike, so as to reduce gas and.hydrostatic pressures, and to facilitate pumping of the impoundment. 8.13 PVC and HDPE liner panels shall be laid out to minimize seams, with an overlap of four to six inches. The PVC. or HDPE liner anchor trench shall have a minimum six inch depth and be placed at least nine to twelve inches beyond the slope break at the dike. PVC and HDPE liners shall be installed under the direct supervision of a person experienced in the proper installation of such liners. This person shall inspect all seams on-site for their acceptability prior to the construction certification. 8.14 The design of a reinforced Portland cement concrete liner shall be in accordance with the American Concrete Institute (ACI) Manual of Concrete Practice. 8.15 An impoundment that does not meet the criteria in this part may be authorized if requested in writing by the Permittee, and approved in writing by the MPCA, at least 90 days before construction of the impoundment begins. Wastewater Disposal Pertnil Issued: December 20, 2006 Permit Expires: September 30; 2011 Aggregate/Asphalt General Permit Chapter 1. General Aggregate / Asphalt 8. Wet Scrubber Wastewater Management Page 17 Permit #: MNG490000 8.16 The Permittee may dispose of hot mix asphalt production wet scrubber wastewater for the purposes of roadbed Preparation or dust control, and in accordance with the following requirements: a. Wastewater may be applied to the surface of unpaved roads or roadbeds only if the asphalt plant is in the Process of relocating, has ceased operation for the remainder of the year, or if alterations to the impoundment are needed; b. Wastewater may be applied to the surface of unpaved roads or roadbeds only if that road or roadbed is dry; c. Application to haul roads shall be conducted in such a manner to prevent runoff or prolonged ponding; d. Only the amount of water needed to control or prevent a dust problem may be applied; e. Wastewater used for dust control shall not enter any road ditch, surface water, or wetland; and, f. Wastewater shall not be applied at a rate greater than one gallon per square yard per year. 8.17 The Permittee may use land application or irrigation for wet scrubber wastewater disposal if the MPCA specifically approves this option in writing. Sediment Removal and Disposal 8.18 Sediments that accumulate in hot mix asphalt production wet scrubber wastewater containment structures shall be removed in a manner so as to not damage the integrity and effectiveness of the containment structure. 8.19 The Permittee may dispose of these sediments at a permitted sanitary landfill, through use as road base or subgrade, or through blending into the paving hot mix asphalt mixture. 8.20 The Permittee may use one of the following options for sediment disposal if the MPCA authorizes this specific use in writing: a. Leave in-place; b. Use as clean fill; or c. Landspread. 8.21 The Permittee shall record in writing the volume of sediments removed from asphalt production scrubber disposal systems, and the method and location of the disposal of such materials. Hot Mix Asphalt Ingredients, Burner Fuels and Chemical Additives 8.22 If the Permittee proposes to use hot mix asphalt ingredients, burner fuels and/or chemical additives other than those designated below, at a hot mix asphalt production plant with a wet scrubber, the Permittee shall apply in writing to the MPCA for such approval, no later than 60 days before the planned date of utilization of the non -designated material. The Permittee may use these non -designated materials only with the written approval of the MPCA. Permit Issued: December 20, 2006 Permit Expires: September 30, 2011 Aggregate/Asphalt General Permit Chapter 1. General Aggregate / Asphalt 8. Wet Scrubber Wastewater Management 8.23 The designated materials are: Page 19 Permit #: MNG490006 a. Clay, silt, sand, gravel and crushed stone produced from naturally occurring geologic formations, and without chemical additives; b. Recycled hot mix asphalt; c. Recycled asphalt saturated felt materials; d. Natural gas, butane, propane and methane; e. Gasoline, kerosene, diesel fuel, jet fuel and fuel oils (No. 1, No. 2, No. 3, No. 4, No. 5, No. 6); f Petroleum derived waste oil as defined in Minn. R. 7045.0020; g. On -specification used oil fuel, as defined in Minn. R. pt. 7045.0020, except that total halogens shall not exceed 1,000 parts per million in the used oil fuel; h. Asphalt cement (AC); i. Hydrated lime; j. Anti -stripping agents approved by the MPCA under this permit; k. Aluminum chloride flocculants; 1. Fremont 8201, and anionic polyacrylamide flocculants of similar chemical composition; and, in. Any mixture of the materials listed in subitems (a) through (1). n. Portland cement concrete; o. Recycled sediments from hot mix asphalt plant scrubber operations; p. Fines from hot mix asphalt fabric filter operations; q. Silicone. 9. Annual Report 9.1. The Permittee shall submit an Annual Report by January 30 of each year following permit issuance. A blank Annual Report Form is included in Appendix I of this permit. 9.2 The Annual Report/Site Inventory Form shall summarize the information for each site at which the Permittee was covered under this permit during the previous calendar year. Any changes to sites and/or request for release from coverage from specific site(s) under this permit shall be included on the Annual Report/Site Inventory Form. 10. General Requirements General Conditions Pemvt Issued: December 20, 2006 Permit Efpires: September 30, 2011 Aggregate/Asphalt General Permit Chapter 1. General Aggregate / Asphalt 10. General Requirements Page 19 Pemitq. NlNG490000 10.1 Incorporation by Reference. The following applicable federal and state laws are incorporated by reference in this permit, are applicable to the Permittee, and are enforceable parts of this permit: 40 CFR pts. 122.4 1, 122.42, 136, 403 and 503; Minn. R. pts. 7001, 7041, 7045, 7050, 7060, and 7080; and Minn. Stat. Sec. 115 and 116. 10.2 Permittee Responsibility. The Permittee shall perform the actions or conduct the activity authorized by the permit in compliance with the conditions of the permit and, if required, in accordance with the plans and specifications approved by the Agency. (Minn. R. 7001.0150, subp. 3, item E) 10.3 Toxic Discharges Prohibited. Whether or not this permit includes effluent limitations for toxic pollutants, the Permittee shall not discharge a toxic pollutant except according to Code of Federal Regulations, Title 40, sections 400 to 460 and Minnesota Rules, parts 7050.0100 to 7050.0220 and 7052.0010 to 7052.0110 (applicable to toxic pollutants in the Lake Superior Basin) and any other applicable MPCA rules. (Minn. R. 7001.1090, subp. 1, item A) . 10.4 Nuisance Conditions Prohibited. The Permittee's discharge shall not cause any nuisance conditions including, but not limited to: floating solids, scum and visible oil film, acutely toxic conditions to aquatic life, or other adverse impact on the receiving water. (Minn. R. 7050.0210 subp. 2) 10.5 Property Rights. This permit does not convey a property right or an exclusive privilege. (Minn. R. 7001.0150, subp. 3, item C) 10.6 Liability Exemption. In issuing this permit, the state and the MPCA assume no responsibility for damage to persons, property, or the environment caused by the activities of the Permittee in the conduct of its actions, including those activities authorized, directed, or undertaken under this permit. To the extent the state and the MPCA may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act. (Minn. R. 7001.0150, subp. 3, item O) 10.7 The MPCA's issuance of this permit does not obligate the MPCA to enforce local laws, rules, or plans beyond what is authorized by Minnesota Statutes. (Minn. R. 7001.0150, subp.3, item D) 10.8 Liabilities. The MPCA's issuance of this permit does not release the Permittee from any liability, penalty or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit. (Minn. R. 7001.0150, subp.3, item A) 10.9 The issuance of this permit does not prevent the future adoption by the MPCA of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or orders against the Permittee. (Minn. R. 7001.0150, subp.3, item B) 10.10 Severability. The provisions of this permit are severable, and if any provisions of this permit, or the application Of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances and the remainder of this permit shall not be affected thereby. 10.11 Compliance with Other Rules and Statutes. The Permittee shall comply with all applicable air quality, solid waste, and hazardous waste statutes and rules in the operation and maintenance of the facility. 10.12 Inspection and Entry. ' When authorized by Minn. Stat. Sec. 115.04; 115B.17, subd. 4; and 116.091, and upon presentation of proper credentials, the agency, or an. authorized employee or agent of the agency, shall be allowed by the Permittee to enter at reasonable times upon the property of the Permittee to examine and copy books, papers, records, or memoranda pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit. (Minn. R. 7001.0150, subp.3, item 1) Permit Issued: December 20, 2006 Permit Expires: September 30, 2011 Aggregate/Asphalt General Permit Chapter 1. General Aggregate / Asphalt 10. General Requirements 10.13 Records. Records to be retained for each site include the following: Page 20' Permit #: MNG490000' a. Pollution Prevention Plan for the respective site(s); b. Progress Report(s) for the respective site Plan;. c. Records pertaining to the nature, volume and disposition of wet scrubber wastewater and sediment, if any; d. Impoundment design plans and specifications, construction certifications, water balance and inspection records, and repair certifications, if there is a scrubber wastewater from a hot mix plant;. e. Annual Report/Site Inventory Form(s) for the respective site(s); f. Flow Records, were monitoring is required by this permit for the respective site(s); g. Any calculations, original recordings from automatic monitoring instruments, and laboratory sheets; and h. Records, reports, calculations, plans, correspondence and other information that forms the basis for a permit application, new site notification, and Pollution Prevention Plan. Sampling and Reporting 10.14 Representative Sampling. Samples and measurements required by this permit shall be conducted as specified in this permit and representative of the discharge or monitored activity. (40 CFR 122.41 6)(1)) 10.15 Additional Sampling. If the Permittee monitors more frequently than required, the results and the frequency of monitoring shall be reported on the Discharge Monitoring Report (DMR) or another MPCA-approved form for that reporting period. (Minn. R. 7001.1090, subp. 1, item E) 10.16 Certified Laboratory. A laboratory certified by the Minnesota Department of Health shall conduct analyses required by this permit. Analyses of dissolved oxygen, pH, temperature and total residual oxidants (chlorine, bromine) do not need to be completed by a certified laboratory but shall comply with manufacturers specifications for equipment calibration and use. (Minn. Stat. Sec. 144.97 through 144.98 and Minn.. R. 4740.2010 through 4740.2040) 10.17 Sample Preservation and Procedure. Sample preservation and test procedures for the analysis of pollutants shall conform to 40 CFR Part 136 and Minn. R. 7041.3200. 10.18 Equipment Calibration. All monitoring and analytical instruments used to monitor as required by this permit shall be calibrated and maintained at a frequency necessary to ensure accuracy. Flow monitoring equipment should be calibrated at least twice annually. For facilities with lift stations/pumps, calibration shall be completed at least twice annually. The Permittee shall maintain written records of all calibrations and maintenance for at least three years. (Minn. R 7001.0150, subp. 2; items 13 and C) Permit Issued: December 20, 2006 Permit Expires: September 30, 2011 Aggregate/Asphalt General Permit Chapter 1. General Aggregate / Asphalt 10. General Requirements Page 21 Permit #: MNG490000 10.19 Maintain Records. The Permittee shall keep the records required by this permit for at least three years, including any calculations, original recordings from automatic monitoring instruments, and laboratory sheets. The Permittee shall extend these record retention periods upon request of the MPCA. The Permittee shall maintain records for each sample and measurement. The records shall include the following information (Minn. R. 7001.0150, subp. 2, item C): a. The exact place, date, and time of the sample or measurement; b. The date of analysis; c. The name of the person. who performed the sample collection, measurement, analysis, or calculation; and d. The analytical techniques, procedures and methods used; and e. The results of the analysis. 10.20 Completing Reports. The Permittee shall submit the results of the required sampling and monitoring activities on the forms provided, specified, or approved by the MPCA. The information shall be recorded in the specified areas on those forms and in the units specified (Minn. R. 7001.1090, subp. 1, item D; Minn. R. 7001.0150, subp. 2, item B). The results of the monitoring and sampling required in this permit for pit dewatering discharges shall be recorded on the Discharge Monitoring Report (DMR) forms which, if required, will be provided by the MPCA. If no discharge occurred during the reporting period, the Permittee shall check the "No Discharge" box on the DMR. Note: Every open, white box must be filled-in on the DMR, unless no discharge occurred during the reporting period. 10.21 Submitting Reports. Annual Report/Site Inventory Forms and New Site Notification Forms shall be submitted to: MPCA Attn: WQ Submittals Center 520 Lafayette Road North St. Paul, Minnesota 551554194 Discharge Monitoring Report (DMR) Forms shall be submitted to: MPCA Attn: Discharge Monitoring Reports 520 Lafayette Road North St. Paul, Minnesota 551554194 10.22 Incomplete or Incorrect Reports. The Permittee shall immediately submit an amended report or Discharge Monitoring Report (DMR) to the MPCA upon discovery by the Permittee or notification by the MPCA that it has submitted an incomplete or incorrectreport or DMR. The amended report or DMR shall contain the missing or corrected data along with a cover letter explaining the circumstances of the incomplete or incorrect report. (Minn. R. 7001.0150 subp. 3, item G) Permit Issued:- December 20, 2006 Aggregate/Asphalt General Permit Page zz Permit Expires: September 30, 2011 Permit #: MNG49000d Chapter 1. General Aggregate / Asphalt 10. General Requirements 10.23 Required Signatures. All DMRs, forms, reports, and other documents submitted to the MPCA shall be signed by the Permittee or the duly authorized representative of the Permittee. Minn. R. 7001.0150, subp. 2, item D.. The person or persons that sign the DMRs, forms, reports or other documents must certify that he or she understands and complies with the certification requirements of Minn. R. 7001.0070 and 7001.0540, including the penalties for submitting false information. Technical documents, such as design drawings and specifications and engineering studies required to be submitted as part of a permit application or by permit conditions, must be certified by a registered professional engineer. (Minn. R. 7001.0540) 10.24 Detection Level. The Permittee shall report monitoring results below the reporting limit (RL) of a particular instrument as "<" the value of the RL. For example, if an instrument has a RL of 0.1 mg/L and a parameter isnot detected at a value of 0.1 mg/L or greater, the concentration shall be reported as "<0.1 mg/L". "Non-detected ", "undetected ", "below detection limit ", and "zero" are unacceptable reporting results, and are permit reporting violations. (Minn. R. 7001.0150, subp. 2, item B) 10.25 Records. The Permittee shall, when requested by the Agency, submit within a reasonable time the information and reports that are relevant to the control of pollution regarding the construction, modification, or operation of the facility covered by the permit or regarding the conduct of the activity covered by the permit. (Minn. R. 7001.0150, subp. 3, item H) 10.26 Confidential Information. Except for data determined to be confidential according to Minn. Stat. Sec. 116.075, - subd. 2, all reports required by this permit shall be available for public inspection. Effluent data shall not be considered confidential. To request the Agency maintain data.as confidential, the Permittee must follow Minn. R. 7000.1300. Noncompliance and Enforcement 10.27 Subject to Enforcement Action and Penalties. Noncompliance with a term or condition of this permit subjects the Permittee to penalties provided by federal and state law set forth in section 309 of the Clean Water Act; United States Code, title 33, section 1319, as amended; and in Minn. Stat. Sec. 115.071 and 116.072, including monetary penalties, imprisonment, or both. (Minn. R. 7001.1090, subp. 1, item B) 10.28 Criminal Activity. The Permittee may not knowingly make a false statement, representation, or certification in a record or other document submitted to the Agency. A person who falsifies a report or document submitted to the Agency, or tampers with, or knowingly renders inaccurate a monitoring device or method required to be maintained under this permit is subject to criminal and civil penalties provided by federal and state law. (Minn. R. 7001.0150, subp.3, item G., 7001.1090, subps. 1, items G and H and Minn. Stat. Sec. 609.671) 10.29 Noncompliance Defense. It shall not be a defense for the Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. (40 CFR 122.41(c)) 10.30 Effluent Violations. If sampling by the Permittee indicates a violation of any discharge limitation specified in this permit, the Permittee shall immediately make every effort to verify the violation by collecting additional samples, if appropriate, investigate the -cause of the violation, and take action to prevent future violations. Violations that are determined to pose a threat to human health or a drinking water supply, or represent a significant risk to the environment shall be immediately reported to the Minnesota Department of Public Safety Duty Officer at 1(800)422-0798 (toll free) or (651)649-5451 (metro area). In addition, you may also contact the MPCA during business hours. Otherwise the violations and the results of any additional sampling shall be recorded on the next appropriate DMR or report. 10.31 Unauthorized Releases of Wastewater Prohibited. Except for conditions specifically described in Minn. R. 7001.1090, subp. 1, items J and K, all unauthorized bypasses, overflows, discharges, spills, or other releases of wastewater or materials to the environment, whether intentional or not, are prohibited. However, the MPCA will consider the Permittee's compliance with permit requirements, frequency of release, quantity, type, location, and other relevant factors when determining appropriate action. (40 CFR 122.41 and Minn. Stat. Sec 115.061) Permit 1564d: December 20, 2006 Aggregate/Asphalt General Permit Page 23 Permit Expires:.5eptember 30, 2011 Permit N: MNG490000 Chapter 1. General Aggregate / Asphalt 10. General Requirements 10.32 Discovery of a release. Upon discovery of a release, the Permittee shall: a. Take all reasonable steps to end the release as soon as possible and minimize any potential adverse impacts to human health or the environment resulting from the release. Where a release enters a water of the state, the Permittee shall remove the spilled/discharged material after contacting the Minnesota Department of Natural Resources (DNR) and Wetland Conservation Act authority for that area regarding any additional remediation of impacts. b. Immediately notify the Minnesota Department of Public Safety Duty Officer at 1(800)422-0798 (toll free) or (651)649-5451 (metro area). In addition, you may also contact the MPCA during business hours. c. Collect representative samples of the release. The Permittee shall sample the release for parameters of concern immediately following discovery of the release. Additional samples shall be collected at least two times per week for as long as the release continues, Where there is reason to believe a pollutant other than those limited in the permit is present, the Permittee shall sample for that pollutant. In addition, Fecal Coliform Bacteria samples shall be collected where it is determined by the Permittee that the release contains or may contain sewage. If needed, appropriate sampling shall be determined in consultation with the MPCA. d. The sampling results shall be included with the next DMR or Report unless otherwise specified through consultation with MPCA staff. 10.33 Upset Defense. In the event of temporary noncompliance by the Permittee with an applicable effluent limitation resulting from an upset at the Permittee's facility due to factors beyond the control of the Permittee, the Permittee has an affirmative defense to an enforcement action brought by the Agency as a result of the noncompliance if the Permittee demonstrates by a preponderance of competent evidence: a. The specific cause of the upset; b, That the upset was unintentional; c. That the upset resulted from factors beyond the reasonable control of the Permittee and did not result from Operational error, improperly designed treatment facilities; inadequate treatment facilities, lack of preventative maintenance, or increases in production which are beyond the design capability of the treatment facilities; d. That at the time of the upset the facility was being properly operated; e. That the Permittee properly notified the Commissioner of the upset in accordance.with Minn. R. 7001.1090, subp. 1, item I; and f That the Permittee implemented the remedial measures required by Minn. R. 7001.0150, subp. 3, item J. Operation and Maintenance 10.34 The Permittee shall at all times properly operate and maintain the facilities and systems of treatment and control, and the appurtenances related to them which are installed or used by the Permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. The Permittee shall install and maintain appropriate backup or auxiliary facilities if they are necessary to achieve compliance with the conditions of the permit and, for all permits other than hazardous waste facility permits, if these backup or auxiliary facilities are technically and economically feasible Minn. R. 7001.0150. subp. 3, item F. Permit Issued: December 20, 2006 Aggregate/Asphalt General Permit Page 24 Permit Expires: September'30, 2011 Permit 4: MNG490000 Chapter 1. General Aggregate / Asphalt 10. General Requirements 10.35 In the event of a reduction or loss of effective treatment of wastewater at the facility, the Permittee shall control production or curtail its discharges to the extent necessary to maintain compliance with the terms and conditions of this permit. The Permittee shall continue this control or curtailment until the wastewater treatment facility has been restored or until an alternative method of treatment is provided. (Minn. R. 7001.1090, subp. 1, item C) 10.36 Solid Waste. Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements: 10.37 Hazardous Materials. Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary contaimnent, to prevent spills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. 10.38 Solids Management. The Permittee shall properly store, transport, and dispose of biosolids, septage, sediments, residual solids, filter backwash, screenings, oil, grease, and other substances so that pollutants do not enter surface waters or ground waters of the state. Solids should be disposed of in accordance with local, state and federal requirements. (40 CFR 503 and Minn. R. 7041 and applicable federal and state solid waste rules) 10.39 Scheduled Maintenance. The Permittee shall schedule maintenance of the treatment works during non-critical water quality periods to prevent degradation of water quality, except where emergency maintenance is required to prevent a condition that would be detrimental to water quality or human health. ( Minn. R. 700 1.0150. *subp. 3, item F and Minn. R. 7001.0150. subp. 2, item B) 10.40 Control Tests. In -plant control tests shall be conducted at a frequency adequate to ensure compliance with the conditions of this permit. (Minn. R. 7001.0150. subp. 3, item F and Minn. R. 7001.0150. subp. 2, item B) Changes to the Facility or Permit 10.41 Permit Modifications. No person required by statute or rule to obtain a permit may construct, install, modify, -or operate the facility to be permitted, nor shall a person commence an activity for which a permit is required by. statute or rule until the Agency has issued a written permit for the facility or activity. (Minn. R. 7001.0030) Permittees that propose to make a change to the facility or discharge that requires a permit modification must follow Minn. R. 7001.0190. If the Permittee cannot determine whether a permit modification is needed, the Permittee must contact the MPCA prior to any action. It is recommended that the application for permit modification be submitted to the MPCA at least 180 days prior to the planned change. 10.42 Report Changes. The Permittee shall immediately report to the MPCA (Minn. R. 7001.0150, subp. 3, item M.): a. Any substantial changes in operational procedures; b. Activities which alter the nature or frequency of the discharge; and c. Material factors affecting compliance with the conditions of this permit. 10:43 Chemical Additives. The Permittee shall receive prior written approval from the MPCA before increasing the use of a chemical additive authorized by this permit, or using a chemical additive not authorized by this permit, in quantities or concentrations that have the potential to change the characteristics, nature and/or quality of the discharge. (Minn. R. 7001.0170) 10.44 The Permittee shall request approval for an increased or new use of a chemical additive at least 60 days, or as soon as possible, before the proposed increased or new use. Permit luu,ed:Decdmber20,2006 Aggregate/Asphalt General Permit Page 25 09 mit Empires: September 30, 2011 Permit P: MNG490000 Chapter 1. General Aggregate / Asphalt - 10. General Requirements 10.45 This written request shall include at least the following information for the proposed additive: a. The process for which the additive will be used; b. Material Safety Data Sheet (MSDS) which shall include aquatic toxicity, human health, and environmental fate information for the proposed additive; c. A complete product use and instruction label; d. The commercial and chemical names and Chemical Abstract Survey (CAS) number for all ingredients in the additive (If the MSDS does not include information on chemical composition, including percentages for each ingredient totaling to 100%, the Permittee shall contact the supplier to have this information provided); and e. The proposed method of application, application frequency, concentration, and daily average and maximum rates of use. 10.46 Upon review of the information submitted regarding the proposed chemical additive,. the MPCA may require that additional information be submitted for consideration. Also, this permit may be modified to restrict the use or discharge of a chemical additive and include additional influent and effluent monitoring requirements. 10.47 MPCA Initiated Permit Modification,. Suspension, or Revocation. The MPCA may modify or revoke and reissue this permit pursuant to Minn. R. 7001.0170. The MPCA may revoke without reissuance this permit pursuant to Minn. R. 7001.0180. 10.48 TMDL Impacts. Facilities that discharge to an impaired surface water, or to a watershed or drainage basin that contains impaired waters, may, be required, at some future date; to comply with additional permits, or permit requirements, based on the conclusions of any applicable US EPA approved Total Maximum Daily Load (TMDL) studies and their associated implementation plans. 10.49 Permit Transfer. The permit is not transferable to any person without the express written approval of the Agency after compliance with the requirements of Minn. R. 7001.0190. A person to whom the permit has been transferred shall comply with the conditions of the permit. (Minn. R., 7001.0150, subp. 3, item N) 10.50 Facility Closure. The Permittee is responsible for closure and postclosure care of the facility. The Permittee shall notify the MPGA of a significant reduction or cessation of the activities described in this permit at least 180 days before the reduction or cessation. The MPCA may require the Permittee to provide to the MPCA a facility Closure Plan for approval. Facility closure that could result in a potential long-term water quality concern, such as the ongoing discharge of wastewater to surface or ground water, may require a permit modification or reissuance. The MPCA may require the Permittee to establish and maintain financial assurance to ensure performance of certain obligations under this permit, including closure, postclosure care and remedial action at the facility. If financial assurance is required, the amount and type of financial assurance, and proposed modifications to previously MPCA-approved financial assurance, shall be approved by the MPCA. Permit Issued: December20,2006 Aggregate/Asphalt General Permit , 1`2&26 , Permit Expires: September 30, 2011 Chapter 1. General Aggregate / Asphalt 10. General Requirements Permit k: MNG490000 10.51 Permit Reissuance. If the Permittee desires to continue permit coverage beyond the date of permit expiration, the Permittee shall submit an application for reissuance at least 180 days before permit expiration. If the Permittee does not intend to continue the activities authorized by this permit after the expiration date of this permit, the Permittee shall notify the MPCA in writing at least 180 days before permit expiration. If the Permittee has submitted a timely application for permit reissuance, the Permittee may continue to conduct the activities authorized by this permit, in compliance with the requirements of this permit, until the MPCA takes final action on the application, unless the MPCA determines any of the following (Minn. R. 7001.0040 and 7001.0160): a. The Permittee is not in substantial compliance with the requirements of this permit, or with a stipulation agreement or compliance schedule designed to bring the Permittee into compliance with this permit; b. The MPCA, as a result of an action or failure to act by the Permittee, has been unable to take final action on the application on or before the expiration date of the permit; c. The Permittee has submitted an application with major deficiencies or has failed to properly supplement the application in a timely manner after being informed of deficiencies. 11. Definitions 1 IA "Act" means the Federal Clean Water Act, as amended, 33 U.S. Code 21251 et seq. 11.2 "Agency" mean the Minnesota Pollution Control Agency (MPCA). 11.3 "Best Management Practices" (BMPs) means practices to prevent or reduce pollution of the waters of the state, including schedules of activities, prohibitions of practices, and other management practices and also includes treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from material storage, as defined in Minnesota Rules pt. 7001.1020, subp.5. Examples of BMPs can be found in "Protecting Water Quality in Urban Areas," MPCA, 2000; "Stormwater Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices," US EPA, 1992; "Minnesota Stormwater Manual 2005" MPCA; and "Best Practices for Meeting DNR General. Public Waters Work Permit GP 2004-0001 March 2006". 11.4 "Calendar Year Average" is calculated by adding all sample values measured during a calendar year and dividing by the number of samples measured during that year. The "Calendar Year Average" limit is an upper limit. 11.5 "Calendar Year Maximum" is the highest value of single samples taken throughout the year. The "Calendar Year Maximum" is an upper limit. 11.6 "Calendar Year Total" is calculated by adding all values measured during a calendar year. It is usually expressed in mass or volume units. The "Calendar Year Total" is an upper limit. 11.7 "Construction Activity" For this permit, construction activity includes construction activity as defined in 40 C.F.R. part 122.26(b)(14)(x) and small construction activity as defined in 40 C.F.R. part 122.26(b)(15). This includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non -vegetative), or the existing soil topography that may result in accelerated stormwater nmoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling and excavating. Construction activity includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) acre or more. Petmit Issued: - December 20, 2006 Permit E,kpires: September 30, 2011 Aggregate/Asphalt General Permit Chapter 1. General Aggregate / Asphalt 11. Definitions Page 27 Permit p: MNG490000 - 11.8 "Discharge" means the conveyance, channeling, runoff, or drainage of wastewater, including stormwater and snow melt from a site. Pit dewatering and stormwaters from the permitted site and containing pollutants regulated by this permit that are directed to an internal pitormining area covered by the Permittee's permit are not considered discharges. 11.9 'Energy Dissipation" means methods employed at pipe outlets to prevent erosion. Examples include, but are not limited to: concrete aprons, riprap, splash pads, and gabions that are designed to prevent erosion. 11.10 'Erosion Prevention means measures employed to prevent erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and phasing. 11.11 "Impervious Surface" means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas and concrete, asphalt, or gravel roads. 11.12 "Karst topography" means an area underlain by fractured carbonate bedrock in which erosion has produced geological characteristics such as: sinkholes; springs, subsurface drainage; caves; sinking streams; dissolutionally enlarged joints (grikes) or bedding planes, and bedrock surface channels (karren). Counties known for karst features include parts of Dakota, Rice, Dodge, and Mower, and most of Goodhue, Olmsted, Winona, Wabasha, Houston and Fillmore. 11.13 "MPCA" means the Minnesota Pollution Control Agency, or Minnesota Pollution Control Agency staff as delegated by the Minnesota Pollution Control Agency. 11.14 "Non -Structural BMPs refers to practices that will reduce or eliminate pollutants to stormwater and do not require installation of permanent structural devices to treat runoff. Examples of non-structural BMPs include but are not limited to parking lot and street sweeping, employee training, changing material handling practices, installation of silt fence, and minimizing materials exposed to stormwater through inventory reduction, tarping, or moving materials indoors. 11.15 "NPDES" means National Pollutant Discharge Elimination System which is the program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits and imposing and enforcing pretreatment requirements under sections, 307, 318, 402 and 405 of the Clean Water Act, United States Code, title 33, sections 1317, 1328, 1342 and 1345. 11.16 "Operator" means a person who owns or leases property to conduct activities on that property. 11.17 "Permittee" means the entity identified as Permittee on the cover letter authorizing coverage under this permit. 11.18 "Pit Dewatering" means any water that is impounded or that collects in the mine and is pumped, drained or otherwise removed from the mine through the efforts of the mine operator. This term shall also include wet pit overflows caused solely by direct rainfall and ground water seepage. However, if a mine is also used for treatment of process generated wastewater, discharges of commingled water from the facilities shall be deemed discharges of process generated wastewater. 11.19 "Sediment Control' means methods employed to prevent sediment from leaving the site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. 11.20 "Small Construction Activity" means small construction activity as defined in 40 C.F.R. part 122.26(b)(15). Small construction activities include clearing, grading and excavating that result in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity includes the disturbance of less than one (1) acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one and less than five (5) acres. 11.21 "Stormwater" means stormwater runoff, snow melt runoff, and surface runoff and drainage. Permit Issued: December 20, 2006 Aggregate/Asphalt General Permit Page 28. Permit Expires: September 30, 2011 - Permit #: MNG490006 Chapter 1. General Aggregate / Asphalt 11. Definitions 11.22 "Structural BMPs" refers to the installation of devices that will reduce or eliminate pollutants to stormwater through installation of permanent structural devices.to treat or control runoff. Examples of structural BMPs include but are not limited to installation of stormwater diversion berms or channels; sedimentation basins (retention or detention basins); oil/water separators; grit chambers; roofs, awnings, or buildings to cover significant material. 11.23 "Upset" means an exceptional incident in which the permit discharge limits are unintentionally and temporarily exceeded due to factors beyond the reasonable control of the Permittee. 11.24 "Waters of the State" means all streams, lakes, ponds, marshes, wetlands, watercourses, waterways, wells, springs, reservoirs, aquifers, .irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. Ir Minnesota Pollution Control Agency Annual Report/Site Inventory Form. for Calendar Year for Construction Sand & Gravel, Rock Quarrying and Hot Mix Asphalt Production Facilities covered under the National Pollutant Discharge Elimination System/State Disposal System general permit MNG490000 Permit Number: Directions:. Permittee Name: Indicate for each site covered by general permit' MPCA USE ONLY Application Number MN Date Received Month Da Year MNG490000 during the previous calendar year, or for " " `' sites for which you are requesting to be released from t�l'a 5 n 2 coverage under permit MNG490000the site's name, the County Name, and the Public Land Survey (PLS) a z s 3e m m d a s a coordinates. a w d a g �' ; g a^ "� a s T 96 9 c Y For each question, indicate by placing an "X" in the respective column, that the answer for a particular site is 52.3 £ "Yes", if applicable. Complete this report by providing 5 a n 8 `- _' " f 8 a ^ F ° ^ ° ° additional responses as indicated by the questions.. -Make 9 3.3 �. $ -; d 8 n a = o a w' o `o o ^ g additional copies of this form as needed. o. _ °° = [ 'o '� 3 d Z; 7 = f lte-: a, eStation �tt'unry'�lrame �� d n d? S Coordinate "„ 2. s o _ 3 ` `p,: Range, Seckbn,;tr=SeclEon) N 4 F mgd mgd MG mgd mgd MG mgd mgd MG mgd mgd MG mgd mgd MG mgd mgd MG 'Ll you answered -Yes to questions 2 and 5, 'Yes' to question 6, or 'Yes' to question 7, the site is NOT eligible for coverage under general permit MNG490000; contact MPCA permitting staff to appropriately permit this site. rlf you answered 'Yes' to question g, the site MAY NOT be eligible for coverage under general permit MNG490000; contact MPCA permitting staff to appropriately permit this site. vvq-w.vprm7-42, 12/06 Return by January 301h to: MPCA, Water Quality Submittals Center, 520 Lafavette Road N. St. lonul. MN 5511;5 Minnesota Pollution Control Agency New Site Notification Form for Construction Sand & Gravel, Rock Quarrying and Hot Mix Asphalt Production Facilities Directions: For each new site to be covered by general permit MNG490000, complete the information below to indicate the site's applicability under the general permit. Submit to the MPCA at the address on this form at least 10 days prior to initiation of land disturbing activities at the new site(s). Indicate "Yes" or "No" for each question. For the `Special Waters' section, the MPCA has several documents and an interactive map called "Special Waters Search" available electronically at http://www.pca.state.mn.us/water/stormwat9C/—stormwat er-c.html#specialwaters to help identify special waters near the proposed site. Listings of calcareous fens (Minn. R. 7050.0180, subp. 6b), trout streams (Minn. R. 6264.0050, subp. 2 and 4) and ORV Ws (Minn. R. 7050.0180) can be accessed electronically at www.revisor.leg.state.mn.us. Make additional copies lame/Station ID# Section, Qtr -Section) MPCA USE ONLY Application Number MN Date Received Month Da Year mgd mgd mgd MG I MGI �. If You an ed Y to questions I and 5, Yes to question 6, or Yes to quanon 7, the site is NOT eligible for coverage under general permit MNG490000; contact MPCA permitting staff to appropriately permit this site. ,if you answered 'Yes' to question 8, or'Yes' to question 1 I, the site MAY NOT be eligible for coverage under general permit MNG490000; contact MPGA permitting staff to appropriately permit this site. slf you answered'Yes' to question 4 and the site discharges within 2000 feet of a DNR designated trout waters, the site is NOT eligible for coverage under general permit MNG490000; contact MPCA permitting staff to appropriately permit this site. %ifycu answered'Yes' to question sand the site discharges loan ORV W or to a DNR designated trout waters, the site is NOT eligible for coverage under general permit MNG490000; contactMPCA permitting staff to appropriately permit this site. coq-wwprm7-43, 12106 Submit completed form to: M'PCA- WO Snhmi"al, rPrim� C7f1'r ..f ....t... n, -.-A nr c. n_ --s Permit Number: Permittee Name: 0, N 3 O' $0 < n f �.n�. Pco F ~ $. ry e 3 3 n o' i A.y _°c p G C to p In C In A N Q. ,n 3• A �pCr J@ a w 1 P c, S P c N (9� 0 R Q J m J < J� J w C' ;" 3 2 J 3 w o o 3 J' � c N w o c� 3' < w a o0 S_ m oe R• oe 00 pJp s 6 5 a F; n H 'o ^ G Li: � � y � n � � � m � w W. � P, 9 lv. >• �2 5 R� So w m m p O J J O y O I I mgd mgd mgd mgd mgd MG I MGI �. If You an ed Y to questions I and 5, Yes to question 6, or Yes to quanon 7, the site is NOT eligible for coverage under general permit MNG490000; contact MPCA permitting staff to appropriately permit this site. ,if you answered 'Yes' to question 8, or'Yes' to question 1 I, the site MAY NOT be eligible for coverage under general permit MNG490000; contact MPGA permitting staff to appropriately permit this site. slf you answered'Yes' to question 4 and the site discharges within 2000 feet of a DNR designated trout waters, the site is NOT eligible for coverage under general permit MNG490000; contact MPCA permitting staff to appropriately permit this site. %ifycu answered'Yes' to question sand the site discharges loan ORV W or to a DNR designated trout waters, the site is NOT eligible for coverage under general permit MNG490000; contactMPCA permitting staff to appropriately permit this site. coq-wwprm7-43, 12106 Submit completed form to: M'PCA- WO Snhmi"al, rPrim� C7f1'r ..f ....t... n, -.-A nr c. n_ --s 7.0 Conclusions McCain and Associates, Inc. performed this Assessment in conformance with ASTM Practice E 1527. The Assessment was conducted from June through November 2004. No evidence of hazardous waste (or petroleum) disposal or release was observed. No testing or subsurface investigation was performed for this Phase I ESA. The Assessment revealed evidence of recognized environmental conditions (RECs) on the Property as defined by ASTM E 1527-00. Each condition is summarized below and the approximate location of each is shown on Figure 3. 7.1 Recognized Environmental Conditions 7.1.1 Former Gun Ranges Scattered pellets have been observed on the ground in portions of the Property as well as along the northern boundary of the Property with Outlot G of the Settler's West Subdivision. The pellets are a recyclable scrap metal in the context of a gun range site. However, when exposed to weathering, they may leach lead and other trace heavy metals including arsenic, antimony, tin, and zinc into soils. Pellets were observed mainly in an area within and area bout 300 to 600 feet of the trap range firing line. This area is shown on Figure 3 as the "accumulation zone" for the trap range. Pellet counts of 25 to over 100 pellets per square foot were reported in this area as shown on Figure 3 and previously reported by McCain (2004a). • Approximately 100 cubic yards of shattered clay targets are located in the target drop zone on the trap range (Figure 3); there is evidence of additional targets on the ground surface within 100 yards of the trap range firing line. Clay target areas can contain mercury and polynuclear aromatic hydrocarbons (PAHs). • Approximately 40 to 50% of the ground surface within the backstop and forestop berms for the pistol and rifle ranges were observed to contain bullet fragments. The four berms constitute approximately 300 yards of soil that is likely to be impacted by lead. • Numerous spent brass, steel, and aluminum ammunition casings are present at near the pistol and rifle range firing line. Casings can contain leachable quantities of lead, arsenic, copper, chromium, tin, and zinc. • Erosion from the trap, pistol, and rifle ranges has carried sediment down slope from each location. Sediment from these areas may have been affected by heavy metals. Sediments have also accumulated in the main stormwater pond located west of the abandoned house, within the pistol range, and in the parking lot area. 7.1.2 Other Recognized Environmental Conditions There are also several recognized environmental conditions that are not directly related to the gun range operation. These include: • There is an approximately 1 acre area of white clayey soil is located in the northwest portion of the mine and partially buried within the trap range accumulation zone. The material is unidentified, but appears to be agricultural lime or lime solids from water treatment. Phase I Environmental Assessment Moon Valley Property Chanhassen, Minnesota Page 29 do, u>7LJ McCain and Assocp2s, Fic. • The slopes at the site have been backfilled with a variety of soil materials. Many fill types are considered inert even if they exhibit a small percentage of extraneous (non -soil) material such as construction demolition rubble. Most of the fill at the site appears to be inert fill. However, the north central area of the Property exhibits numerous fragments (generally less than 6 inches) of brick, wood, concrete, and asphalt. Although demolition debris is not necessarily an environmental condition, the presence of any imported fill material from an unknown source suggests the potential for a REC. • The pole -mounted transformer near the trap range has staining on its exterior and may have been leaking in the past. The contents of the transformer should be tested for PCBs to determine appropriate handling during future development of the property. • Oil -filled and electrical equipment are stored on the site. This includes various appliances dumped in the east lot, the semi -truck trailers are likely to have axle oils, and there is an old air conditioner or fan in the window of the work trailer in the parking lot that may contain chlorofluorocarbons. The semi -truck trailers likely contain axle oils and grease but are only a potential source of oil if they are abandoned at the property. The owner has indicated that they are only stored temporarily and will be removed in the near future. • There are two unregistered wells of unknown depth are located northwest of the ski chalettabandoned house. The well nearest the house is equipped with a spigot valve and hose with no pump. The valve is leaking and the soil around the well is saturated indicating that this may be a flowing well. • The second well is a 6 -inch well located adjacent to a low area a few feet south of the trap range firing line. A partially buried drum is located near the well. • The abandoned house, old shed/trailer, range office, and rifle house may contain lead dust residue, lead paint, asbestos, mercury switches, fluorescent bulbs etc. These materials should be assessed as part of a building assessment prior to demolition or removal of the structures. • There is evidence of fugitive dumping and abandoned containers east of the parking lot. The containers contain several drams, buckets, and at least one storage tank. All of the containers are believed to be empty or near empty. An industrial lead -acid battery is located on the south side of the scale house. • One above -ground storage tank is located by the scale house trailer and south of the sedimentation pond. Its contents if, any, are unknown. Phase I Environmental Assessment; McCain Moon ValkProperty and Associates Im Chanhassen,, Minnesota Page 29 3.0 Voluntary Response Action Plan (VRAP) This VRAP has been prepared based on the results of the investigation and specific guidance for gun range sites (TTRC, 2003). The goals of the VRAP are: • Remove soil from areas exhibiting the target threshold of 270 mg/kg for lead and 1.4 mg/kg for PAHs as described for the Phase II Investigation • Remove contamination so that remaining fill materials can be moved, mixed, and relocated without limitation, both on site as fill and off-site as mined aggregate product. • Confirm and document by testing that the lead and PAHs have been removed from the areas identified and at concentrations below the Tier I SRVs. • Confirm and document by testing that the ground surface at final grade is below residential standards. The soil in areas exceeding residential risk-based clean up standards will likely be excavated and stockpiled on site for testing by Toxicity Characteristic Leaching Procedures (TCLP). Soils that leach greater than 5 mg/kg lead will be stabilized on site and retested. Lead -contaminated soils that are non -hazardous will be disposed of in a permitted solid waste facility and beneficially utilized as daily cover. All structures will be abated as required and disposed of at an off-site permitted solid waste facility. The Response Action Implementation report will be submitted within 30 days of the completion of remediation activities. 3.1 Evaluation of Remediation Alternatives The following sections provide additional details and describe the basis for the VRAP summarized above. Off-site removal and disposal of contaminated soil is the presumptive remedy for gun range sites. However, in order to develop and effective response action several alternatives and variables were considered as described below. 3.1.1 Presumptive Remedy The presumptive remedy for removal of lead from the site is by excavation and disposal. Soils will be stockpiled and segregated based upon excavated area location. Rifle range backstop soils, rifle range floor soils, pistol range backstop soils, pistol range floor, and trap range soils will be maintained in separate soil stockpiles. The soils will be sampled for TCLP and transported off-site to a permitted facility if they pass. Stockpiles that fail the TCLP test will stabilized on site and retested. Any soils that fail the TCLP test after stabilization will be transported to Onyx Environmental Services permitted treatment and stabilization facility in Menominee Falls, Wisconsin. -22- Phase III ncrligadon RWorWRAP Moon Valley Properly October 21, 2005 3.1.2 Other Alternatives Considered Several options were evaluated to address high concentration lead soils and to avoid failure of TCLP tests. A summary of these options is included in rIRC guidance documents (2003) particularly with regard to recovery of elemental lead as scrap metal and treating contaminated soils that fail TCLP leach testing. 3.1.2.1 Recycling Removing elemental lead prior to TCLP testing for recycling purposes is an effective means of reducing the lead mass within the soils. For the Moon Valley site, the overall amount of recoverable lead concentrated in the backstop berms is estimated to be approximately 20 tons assuming that the berms have approximately 1000 tons of soil and are composed of 2% bullet fragments on average (based on visual estimates). At the estimated rate of 5 cents per pound recycle value, the lead would be worth less than $2000. The cost of screening and/or sluicing the lead to separate it from soil which would likely require at least 2 days of contractor time, special equipment, and mobilization at an estimated cost of at least $5000. Comparing to the recycling value to the cost of processing, this does not appear to be a cost-effective option. Similarly, there are few areas of the trap range that exhibit sufficiently elevated concentrations of visible lead. The economic viability of these areas for recycling is even less compelling than the example above for the rifle ranges. 3.1.2.2 Soil Washing Washing of the soils to remove elemental lead and adsorbed lead from soil is also an effective means of reducing overall lead concentrations. The disadvantage of this method is that a lined holding basin would be required to capture the sediments and water used for the washing operation. Even without additives to enhance lead removal, the process would be prohibitively expensive for the volume of soil involved and compared to solid waste disposal as in the example above. 3.2 Response Action Plan Description The remedial action for the Site will consist of the following major task items: • Excavation and removal of lead/PAH contaminated soils • Building Demolition • Miscellaneous Trash and Debris Removal • Sealing of water wells • Removal of electrical transformers • Erosion control -23- Phase 11 Investigation RepoWMP Moon Valley Property October 21, 2005 TR Bo `•, TR 58 "' ��. � is •' SS r r ., ' TR 04x1' �iT;.y & � ` L Trap Range ' t . RifIC Range l �A• O �i Well ? Rifle Range *" Firing Well .-,House r ".. ,�'•. . Scale HOme sem., ' Y: .i , MOON VALLEY INTERIM USE PERMIT - PLANNING CASE 09-14 $425 Interim Use Permit $200 Notification Sign $50 Recording Escrow $675 TOTAL $675 Less Check no. 5758 from Terry Bros., Inc. $0 BALANCE DUE SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 My OF (952) 227-1100 To: Mr. Michael G. Baler Terry Bros. Moon Valley, LLC 530 West 7e Street P.O. Box 340 Chanhassen, MN 55317 Invoice SALESPERSON DATE TERMS KTM 8-20-09 upon receipt QUANTITY I DESCRIPTION I UNIT PRICE AMOUNT 44 Property Owners List within 500' of 100 & 220 Flying Cloud Drive — $3.00 $132.00 Moon Valley Gravel Mine (44 labels) TOTAL DUE $132.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for September 1, 2009. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #09-14. If you have any questions concerning this invoice, Call: (952)-227-1107. THANK YOU FOR YOUR BUSINESSI SCANNED CITY OF CHANHASSEN P G BOX 147 CHANHASSEN MN 55317 08/27/2009 3:47 PM Receipt No. 0108061 CLERK: bethany PAYEE: Terry Bros Inc PO Box 68 Victoria MN 55386 -------------------------- Labels132.00 Total Cash Check 5772 Change 132.00 0.00 132.00 0.00 SCANNED UG -I4 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) CITY OF CHANHASSEN Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized CARVER & HENNEPIN agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- COUNTIES lager and has full knowledge of the facts herein stated as follows: NOTICE OF PUBLIC HEARING PLANNING CASE NO.BY GIVEN A These news have complied with the requirements constituting qualification as a legal 14 NOTICE IS HEREBY GIVEN ) rov P reg g 4 s, that the Chanhassen Planning newspaper, as provided by Minnesota Statute 331A.02, 331 A.07, and other applicable laws, as Commission will hold a public amended. hearing on Tuesday, September 1, t ' 2009, at 7:00 p.m. in the Council (B) The printed public notice that is attached to this Affidavit and identified as No. '7 j 4 Chambers in Chanhassen CityHaIl, was published on the date or dates and in the newspaper stated in the attached Notice and said 7700 Market Blvd. The purpose of Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of this hearing is to consider a request the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both forUse Permit (Grading) n r o er ty inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Use Permit (Grading) on property zoned Agricultural Estate District and publication of the Notice: (A2), located south of Hennepin County Regional Railroad, north of abcdefghbklmnopgrstuvwxyz Flying Cloud Drive and east of Sorensen Addition (100 & 220 Flying Cloud Drive). Applicant: TerryA" Bros. Moon Valley, I.I.C. BY A plan showing the location of Laurie A. Hartmann the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/seryl plan/09-14.html or at City Hall Subscribed and swom before me on during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect this day of 2009 to this proposal. Robert Generous, AICP, Senior Planner Email: JYMME J. BARK bgenerous&i.chanhassen.mn.us lid �• NOTARY PUBLIC - MINNESOTA Phone: 952-227-1131 (Published in the Chanhassen Not P blic My Commission Frpi25 01/31/2013 Villager on Thursday, August 20, 2009; No. 4242) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12.43 per column inch SCANNED Jul 31 2009 14:15 TERRY BROS 9524430035 P.1 Terry Bros., Inc. GENERAL GRADING P. O. Box 340 Chanhassen, MN. 55317 Tok 952-224-2536 Fax: 952-949-3105 Facsimile Cover Sheet To: City of CharAwsen. Attn: Robert Generous Fax it: 952-227-1110 RE: Interim Use Permit Moon Valley Signature of owner you requested! Thank you, Mark Moffat Please contact me if you have any quesdoos. Office: 952-224-2536 Cell: 612-819-5235 From: Mark Moffat Date: 7/31/09 Pages: 2 (indodingcove,) The itformation contained to this jaceimi/e may comaln privileged and confidential information /mended for the ase of the 01ittvidaal or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended rectpfent you are hereby noliJkd that any dissemination distribution or copying ajthis commanicatfan ds strictly prohibited. Ifyou have received this jar in error, please mmediatefy notify as by phone and return the original message to us at the above address via the U. S. Postal Service. PROJECT NAME: LOCATION: /UU — `n a TOTAL ACREAGE:0�(O� WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: YES ) NO REQUESTED LAND USE DESIGNATION: REASON N FOR REQUEST: 1/ 9JC 1 IAS' M i 1 I FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. SillfKafure 6fApplicant Signature of Fee Owner GAplanWorms0evelopment Review Application.DOC Date Date Rev. 1108 SCANNED Generous, Bob From: Littfin, Mark Sent: Monday, August 03, 2009 3:14 PM To: Generous, Bob Subject: Planning case 09-14, PID 25-0360200 Bob; Regarding the above project I have no issues or concerns with the renewal of interim use permit. Mark Littfin Chanhassen Fire Marshal 7700 Market Blvd. PO box 147 Chanhassen MN. 55317 Direct 952.227.1151 Fax 952.227.1951 e-mail mlittfin@ci.chanhassen.mn.us MEMORANDUM TO: Bob Generous, Senior Planner FROM: Jerritt Mohn, Building Official DATE: August 3, 2009 SUBJ: Request for renewal of Interim Use Permit (Grading) on property zoned Agricultural (A-2), located south of Hennepin County Regional Railroad, north of State Highway 212 and east of Sorensen Addition Planning Case: 09-14 I have reviewed the above request and have no comment. GAPLAM2009 Planning Cases\09-14 Moon Valley Interim Use Permit\buildingofficialcomments.doc Date: August 3, 2009 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department Review Response Deadline: August 21, 2009 By: Robert Generous, Senior Planner Subject: Moon Valley Gravel Mine Restoration — Request for Renewal of Interim Use Permit (Grading) on property zoned Agricultural (A-2), located south of Hennepin County Regional Railroad, north of State Highway 212 and east of Sorensen Addition Applicant: Terry Bros. Moon Valley, LLC Owner: Beatrice Zwiers Planning Case: 09-14 PID: 25-0360200 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 31, 2009. The 60 -day review period ends September 29, 2009. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on September 1, 2009 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 21, 2009. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official L Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Mmnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco Location Map (Subject Property Highlighted in Yellow) Moon Valley Gravel Mine Restoration Interim Use Permit Planning Case 2009-14 1 J 530 West 79• Street P.O. Box 340 Chanhassen, MN 55317 Terry Bros. Moon Valley, LLC July 29, 2009 Alyson Fauske City of Chanhassen Re: Interim Use Permit for Moon Valley Dear Alyson: CITY OF CHANHASSEN RECEIVED JUL 3 0 2009 CHANHASSEN PLANNING DEPT I am writing to update you on the reclamation of the Moon Valley Gravel pit. I have also included our Development Review Application. As you know we started grading Moon Valley in 2006. I will give you some of the highlights of our progress: • All lead related to the old Gun range has been removed/neutralized • All housing structures have been removed • The house well has been capped • The Eastern slope and Northeast comer have been graded and stabilized • Much of the North slope has been graded Although much has been accomplished many things remain to be done. As you know there is approximately 1 million yards of dirt to be removed from the site. Due to economic conditions, we have been unable to market this dirt as quickly as anticipated. Therefore, we estimate it will take an additional 10 years to restore Moon Valley to the agreed upon conditions. During this time we will continue to restore and stabilize the slopes as well as improve the storm water drainage quality of the site. I hope you will take into consideration the progress we have made thus far, and the mutual benefit the reclamation of the pit brings to us and the City of Chanhassen, and extend our interim use permit. Sincerely, Michael G. Baier Terry Bros. Moon Valley, LLC SCANNED CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION and LLG Phonext5a-9.x'-t-3.s3G Fax:45' -9Ng-wS Email:malra�e.^ an�erncrlrros_ com Planning Case No. � I CIT'f OF CHANHASSEN RECEIVED JUL 3 0 2009 CHANHASSEN PLANNING DEPT Owner Name and Address: � moa,_ _ _ rerTnc. utak Pul � 7A E \ o mt 9ad Contact: e6_Vrlce ZLo`'erS PhoneAK2-4Gi-al9a Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) X Interim Use Permit (IUP) 4a5 Non -conforming Use Permit Planned Unit Development` Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)` Subdivision` Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment X Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost" '$50 P/SPRNACNAR/WAP/Metes & Bounds - $450 Minor SUB ApplccAr--vPd TOTAL FEE $ I) I5 CK—A 5-ISSi An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. 'Sixteen (16) full-size folded copies of the plans must be submitted, including an 8'/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: LOCATION: 1 UU na TOTAL ACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: YES _ )� NO REQUESTED LAND USE DESIGNATION: REASON p� FOR REQUEST: Se- Pi,r 7 r FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that 1 am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. —� -jT-,q - Sidirlafure 6f Applicant Date Signature of Fee Owner Date GlplanVorms0evelopment Review Application.DOC Rev. 1108 SCANNED Jul 31 2009 14:15 PROJECT NAME: LOCATION: 100 LEGAL DESCRIPTION AND PID: TERRY BROS 9524430035 V) Q - TOTAL ACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: YES ) NO REQUESTED LAND USE DESIGNATION: REASON FOR REQUES(,T- �g /se— �lirvxr7 r S p.2 Lon FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your applcatien. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. S' a ore f Applicant Date St o Fee Ow DVW10 Glplan\fDrnslDeveloprlem Review Applicetlm.DOC Ree va8 co.Nsrmlcnon sEalEAaMc I.INSiALL SILT FENCE PNoiOq iREE p1E$EpyATCry FQl7NCAT (iiMNG UNi3. 2 TEWATERWKlT )NOMUS M"E VATEOATTNEBEGN.N LYViUNGpJFAATTSMS TO Final TEMPORARY STORM WATER DETENTION gNINO Cg141RIR;iICM SUND AND SILT MUST BE REMOVED FROM THE pN10 A4 NECESSMY CUPBOB ONSlg4'lIg1 N0 AT nE WhIPLEnON OF TRE PNIECT J. BEGIN GMDING INSTNL PEIiFgysTEp WSS FFE N KNEB MIEN FI pbNSMS IS COMRETE TEMNRMY OPNNµiE pPE G1ULL BE VSED FOR INIEAMEOIAlEO1W WC£ W WG MECONSTRUCTIONPFAI MNECES .WiECIEOBVTREENGIIEER INSTN15ILT FENCE MCLND "CAVATF➢Nl FINIBM GRpIHNG WHILE IIl5PEC1Mq PpNp^y NLT RY£,NO RJIfµy WNyrpI6 A.q REWIRED BV THE.. PEINT 5. IXSTPLL NCUp FIBER BLMAETB (1F NIVI /$ tg1FD CMTIE (iiMNG pN1 NID LgpIErE REBTORATICh B. REMOVE FERFOR rMa RISER PIPE WHEN STOPM SEMER. CUPPI STSUC'ryRE FOR PoMS ME INSTILED. RE5iOMTION T RESTORE NL gSNRBED AREAS KlTX1' TO B' Cf TCPYII 2. SEEDµLMSTURBEOMEASMMMNMTMIXTURENO.S ATAMME IWLBS/OGREIMD FERTILIZE wnH 2610.10AT IO] LSS/ACJE 1 MULCH WITX TYPE IATAMlE OF2Tp4WICIFNU v15C,WCIpRB,�ATELV µIEA PVLEMEM. USE EYIASIOIINNP.Erp1 µLSLOfF3 fIEg1ERTNM 2t (Ff} I PLACE SILT FFIICEMWF!(IµL3iOlEM SEWER PETS Nq MNMNN UNR Sa6EI CONSTRUCndI Is CIXgETED. 5. MNMNN ALL SILT FEHCE VMIL RFF MAS BEEI ESTOP1151ED_ 8. RESTCFB IM Isci MLL BE COMPEETED well TI NUI CP GRILNC CpILENON MOON V SYMBOL LEGEND --------- J P @—_ FliCPoSF1l MINgi�NIgR ® PROPOSF➢MA101121IIOIIR O mmrw MNW WxIDIIR — EMS EMANRCOMICIN /'r `\ - EROSIOIICOFOR0.BWlEi I V v SEE SIEEFI — ES _ sw ENSTMIG UlllfllFbbMNM NE 91pw1 NMIfMWNTE W\YOLIY. TIE OOMIRMTM SI W L LET60NE TIE QM.T LOGTR51 OF M1Y Np N1 p$INO unLmEs BEFaE mrErcxonaleL IE A01�8 roEFllur RESPOI®EpAAHV N0 ALL OMIbE5Ml911q g1TOF W8 FNLUE TOE%IGRY LOGTENOPRESFRVENIY AND µL EXISTING MTs]TEa V —\\ BLU FF AREA 1 a2 ACRES T V EY GRAVEL MINE M. 4 ) 0 SLOPES w/WOODFIBER BLAIN /III 1 V1 �T /� ' sEE srEETz I jillpi -2.5;3 SLOPES w1WOODFIBER BLANKET x UIIFF �REA------'� _ - i _PN g . `7 how In TRUCTION ENTRANCE / s s EROSION CONTROL Set P rm Lz Fly (Post 6E 011 Be OVL see By us Pasts FENCE — TYPE 2 st p ana McSm Hoy ware ro Pose. Sart ri Snow to M.ml loon. Foden Supper\ Snow Fence 0', wa Hog R'o / (Woven wre may 1��. Noils otvples Be SUEstulea far Sr— F ce) ti vn Fence SHEETINDEX SITE SUMMARY TOTAL ACREAGE (APPROX.): 75 Ac TOTAL BLUFF AREA IMPACT: 2.6 Ac TOTAL TREE CLEARING: 13.0 Ac TOTAL EXCAVATION: 1.8 MCY GROSS DEVELOPABLE AREA: 18.2 Ac 2 ��/ - / I II �� CONTROL 1�BLUFF AREA Lm W D W +m MB W SCNE MF✓£f I ACRES OOECFsIPER NO AMA PAr RE3BIFf61 Ar6E88bfW. B10H111I®t FMINII TIEuw6aFTIE mATEDF_1.erEsorw HE ST wa0� " � r wTE aMmw IIIb w G $EESHE J ��_. -�.f......- Q = GRADEDBLUF AREA - W 5 2 00 .r O r i)/ ` l T M. 4 ) 0 SLOPES w/WOODFIBER BLAIN /III 1 V1 �T /� ' sEE srEETz I jillpi -2.5;3 SLOPES w1WOODFIBER BLANKET x UIIFF �REA------'� _ - i _PN g . `7 how In TRUCTION ENTRANCE / s s EROSION CONTROL Set P rm Lz Fly (Post 6E 011 Be OVL see By us Pasts FENCE — TYPE 2 st p ana McSm Hoy ware ro Pose. Sart ri Snow to M.ml loon. Foden Supper\ Snow Fence 0', wa Hog R'o / (Woven wre may 1��. Noils otvples Be SUEstulea far Sr— F ce) ti vn Fence SHEETINDEX SITE SUMMARY TOTAL ACREAGE (APPROX.): 75 Ac TOTAL BLUFF AREA IMPACT: 2.6 Ac TOTAL TREE CLEARING: 13.0 Ac TOTAL EXCAVATION: 1.8 MCY GROSS DEVELOPABLE AREA: 18.2 Ac 2 6' Min eepth r� r^nravgn mM I I I. to Iim In. 6.ouM OA Dig or Dizc Trench Bdto O8 Lay in Fabric h SoCMhII - ° —Fd I ' EROSION CONTROL Bees — b !e Let Mm a Few-resawal �NSN FENCE —TYPE 1 Lm W D W +m MB W SCNE MF✓£f I HEl®Y CFROFYTIMTTHS pIM tlt sFEaflGlgl W'SpBM®SYME W ISQ9i W OOECFsIPER NO AMA PAr RE3BIFf61 Ar6E88bfW. B10H111I®t FMINII TIEuw6aFTIE mATEDF_1.erEsorw HE ST wa0� " � r wTE aMmw IIIb w REVISIONS BY U� Z ^< L 1� No cf Q FIs LU m i Of 2 Ea� sBN3 yPM s 3,A t0? ON3 DE5 ZO W Z O Q F Z Q w W O d W o zz> <5�g U wa0� z azW of JU O O Q = z > Z Z W 5 2 00 W _ O r SIM I M HECMEO REP wre Bsm SCALE ASSNII NO 111111500, W.YBMOOM EST aNIOAG — WEST 1 m 2 7 SITEE 5 Z w U Z O Y < LU w U i oz> w Q O U uiaW, J C7 i z ZoW(n g Q Z J (1) 2 O O UU Q S 5 c� > z a z Z = ° O U w F a < O �E CXECFEO XE➢ W1E ABBOT 9CrLLE IH &1]NH JOB N] B985WI REVISIONS BY ------------------ O w Zc 0 G H T Z w w U i Z Z % Z Q 0 u a c� z } W g xz0 JNiI O O U Q S C7 i Zd z °¢ Z i 00 w m O o auvm -aeon wre aemaw m. hsanrM pe ro. a s LLI Z -ja / (] § ) ±I o5 o a \ \ §� / \/ w § §k \ � s A \� \a k / =o \ \\ \ § / §k \ \\ § § 3 §k $ § City of Chanhassen 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 (952) 227-1110 (FAX) To: Terry Bros., Inc. Attn: Michael Baier 530 West 791" Street, Suite 100 Chanhassen, MN 55317 Invoice INVOICE DATE PO NUMBER DATE SHIPPED SHIPPED VIA F.O.B. POINT DUE DATE May 1, 2013 n/a n/a n/a n/a June 1, 2013 2010 grading permit fee: $325 (base fee for 10,000 cy) + $66 (fee for additional 2,401 cy) 2011 grading permit fee: $325 (base fee for 10,000 cy) + $66 (fee for additional 1,120 cy) grading permit fee: (base fee for 10,000 cy) + (5 x $66) (fee for additional 40,958 cy) SUBTOTAL SHIPPING & HANDLING TOTAL DUE Make all checks payable to: City of Chanhassen If you have any questions concerning this invoice, call: (952) 227-1300 THANK YOU $391.00 $391.00 $655.00 $1,437.00 n/a n/a $1,437.00 CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: September 15, 2009 Fil CC DATE: September 28, 2009 REVIEW DEADLINE: September 29, 2009 CASE #: 09-14 BY: AF, RG, TJ, ML, JM, JS The Chanhassen Planning GewAnission feenFamagd.9 City Council approve of Interim Use Permit, Planning Case #09-14, to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Bergquist, Inc., dated 7/30/09, subject to conditions 1-20 on pages 8-10 of the staff report; and Adoption of the attached findings of fact and meeramendation. SUMMARY OF REQUEST: The developer is requesting an extension of an Interim Use Permit (Grading) - Moon Valley Gravel Mine Restoration. LOCATION: 100 and 220 Flying Cloud Drive South of Hennepin County Regional Railroad, north of Flying Cloud Drive and east of Sorensen Addition. PID: 25-0360200 and 25-0360700 APPLICANT: Terry Bros. Moon Valley, LLC Beatrice Zwiers 530 West 79h Street Moon Valley Aggregates, Inc. P.O. Box 340 11111 Deuce Road Chanhassen, MN 55317 Elko, MN 55020 (952) 224-2536 mgbaier@terrybors.com PRESENT ZONING: Agricultural Estate District, A2 2020 LAND USE PLAN: Residential — High Density (net density range 8 —16 units per acre) ACREAGE: 72.24 acres DENSITY: N/A LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets the excavating, mining, filling and grading standards of City Code and the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable standards are met, the permit must be approved. This is a quasi-judicial decision. PROPOSAL/SUMMARY The applicant is requesting an extension of the interim use permit to mine gravel from the site located north of Flying Cloud Drive, approximately one mile east of Highway 101. The original Interim Use Permit was granted on September 27, 2004 to Beatrice Zwiers of Moon Valley Aggregates, Inc. In 2006, Terry Brothers, Moon Valley, LLC took over the grading, excavation and slope restoration operation. Terry Brothers has requested that the Interim Use Permit be Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 2 of 10 extended since there is a decrease in demand for the product due to the economic downturn. There is approximately one million cubic yards of material to be removed from the site; the applicant anticipates this will take 10 years to accomplish. Staff has not received complaints related to the site operations. The applicant is requesting a 10 -year extension to the interim use permit (IUP) to permit the excavation, grading, and restoration of the existing mining pit and a future development area west of the mining pit. The existing IUP had a 5 -year time limit. The operation will require the removal of approximatelyl.8 million cubic yards of material from the site. The project site is adjacent to the Richard T. Anderson Conservation Area in Eden Prairie. To the south across County Road 61 (Flying Cloud Drive) are the Minnesota Valley Wildlife Refuge, the Minnesota River and State Wide Auto Salvage, Inc. To the north are the Hennepin County Regional Trail and the Settlers West subdivision. Access to the site is proposed via County Road 61. The proposed site grading and slope restoration will prepare the site for future development when urban services are available, stabilize the site to reduce run-off and erosion, and permit the vegetation, especially the trees, to grow between now and the time the site is developed. A Phase I Environmental Audit dated November 2004 was prepared by McCain and Associates, Inc. for Moon Valley Aggregates, Inc. This audit pointed out several recognized environmental issues that needed to be addressed. A Phase II Site Investigation Work Plan was prepared for the Moon Valley property in July 2005. The Phase H study spelled out the environmental cleanup that would be performed on the site. Lead in the gun range was cleaned up. All house structures have been removed from the site. The house well has been capped. Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 3 of 10 Staff is recommending approval of the interim use permit subject to the recommended conditions of approval. APPLICABLE REGUATIONS Chapter 7, Article III. Excavating, Mining, Filling and Grading Sections 20-231 through 20-237, Conditional Use Permits (Interim use permits are processed in the same manner as conditional use permits). BACKGROUND On September 27, 2004, the Chanhassen City Council approved Interim Use Permit, Planning Case #04-27 to permit grading, excavation and slope restoration. The IUP was good for five years. February 1996, the city executed an earthwork permit agreement resolving the mining operation and restoration. June 22, 1992, the Chanhassen City Council approved an earthwork permit for the mining operation (IUP #92-4). ANALYSIS GRADING, DRAINAGE AND EROSION CONTROL Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 4 of 10 The applicant has submitted an updated plan showing what areas are untouched, the areas that are currently being graded, and the areas that have been graded and restored. Staff has requested a phasing plan, a summary of the quantities removed and a summary of the quantity of remaining material to be removed. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. The applicant is requesting an interim use permit to excavate approximately 1.8 million cubic yards of material from the site. The goal of the grading is to restore the severe erosion areas on the site and to leave the site in a condition that will allow future multi -family housing to be developed. The applicant is proposing to grade down at steep, 40% (2.5:1) slopes from the high points on the north and south sides of the property. This will allow a relatively flat area with a gentle slope of 4% (25:1) to be developed in the center of the property. The flat area will be developed into multi -family housing sites when municipal sewer and water is extended to the area in the future. In addition, the severe rutting and erosion gullies that existed on the site will be restored. Permanent vegetation will be established over all bare soil areas. Previously, a restoration plan for the main pit area east of the creek had been prepared in 1992 and approved by the city for this site. The 1992 plan proposed to grade approximately 3 acres of Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 5 of 10 bluff area with 3.9 acres of tree removal. The current proposal has approximately 2.6 acres of bluff grading and 7.3 acres of tree removal. While the new plan does result in more tree loss, the impact to the bluff area is less than the previously approved plan. Also, the amount of usable or developable area has been increased from approximately 8.5 to 14 acres. In an effort to try and preserve more of the mature trees on the site, staff is recommending that grading on the east side of the creek cease at or above the 756 -foot contour as a condition of approval, and the Grading, Drainage, and Erosion Control Plan be revised to reflect these changes when the next grading permit application is submitted. This would preserve approximately 1.6 acres of additional tree canopy while decreasing the bluff impact from 2.6 to 2.4 acres. Terminating the grading at the high point would more closely follow the natural drainage pattern in the area. It would also alleviate the need for additional storm sewer in the future in order to capture the drainage and route it back to Pond 2. The usable area available would still be 12.4 acres which is nearly four acres greater than the 1992 plan. The existing site generally drains from the north to the south. There is an existing creek/wedand which runs through the center of the site. Eventually, the entire site drains to the Minnesota River valley through existing culverts under County Road 61 (Flying Cloud Drive). Under proposed conditions, the entire graded site area will drain to the two proposed ponds on either side of the creek which divides the site. Pond 1, on the west side of the creek, will outlet to the adjacent creek and the existing pond (Pond 2) outlets to the County Road 61 ditch. As in the existing state, the treated storm water will then drain to the Minnesota River valley under County Road 61. Each of the ponds has been designed to NURP standards and sized for the future developed state of the site. The submitted drainage calculations show that the existing 10- and 100 -year runoff rates are being met, per City Code. On-site ponding should be adjusted, if necessary, at the time of site development to meet the City's requirements for proposed build -out conditions. In the future, when a development proposal is submitted, drainage and utility easements over the ponds and creek will be required. Erosion control has been shown on the plan in accordance with the City's Best Management Practices Handbook (BMPH). Staff would recommend additional Type 1 silt fence in the southeast corner of the site around the grading limits and around the proposed pond outlet apron. All disturbed areas as a result of construction are required to be reseeded and mulched within two weeks of site grading. If erosion control measures installed in conjunction with this interim use permit are deemed by the City to be ineffective, the City will inform the applicant in writing of any deficiencies. The applicant will be required to remedy the deficiencies prior to site development. The required remedy(ies) may include, but are not limited to: increased frequency of plantings, additional erosion control blanket, or terracing of the northernmost slope to permanently break up the length of the slope. Phasing is a very important management tool for erosion control. Stabilization of the toe (first 150 feet of the slope) is needed immediately upon final grade. Stabilization should continue to be done in phases. Large portions of the site should not be left exposed over weekends or during Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 6 of 10 forecasted heavy rains. The slopes should be tracked with a dozer at all times. The dozer should be run perpendicular to the slope to track the slope. The northeast "comer" of the slope continues to be an area of instability because storm water concentrates in the swale and could potentially form a gully. Currently only Type I silt fence has been installed in this area. As a condition of approval, Type II silt fence is recommended by staff and is shown on the Grading, Drainage, and Erosion Control Plan, dated August 6, 2004, submitted by the applicant. A terrace, turf reinforcement mat and slope drain will likely be needed in this area to promote long-term stability. Due to the steep slopes and long runs of the slope, straw -fiber rolls may be needed to aid in stabilization of all the slopes with the MnDOT Category 3, 2S wood -fiber blankets. The fiber rolls would help break up the length of slope and minimize erosion potential of the slope with the erosion control blankets. Six-inch fiber rolls are needed every 15 to 20 feet. Proper blanket application is crucial for this site. The blankets must make 100% contact with the soil and stapled according to manufactures specifications. The staple pattern is vital to proper blanket function. The blankets should be head trenched as well. Geotextile and riprap or geogrids or other approved stabilization is needed to provide toe protection; there is a chance the toe of the 2.5 to 1 may start head cutting without toe protection. The seed mix specified (MnDOT 500) should be changed to MnDOT Native mix 340 (Sandy Mid Height, dry conditions — i.e. south facing slope). An application rate of 16 pounds per acre is recommended (20 pounds per acre for hydroseeding or broadcasting). Depending on the final soil used, blanket application may be difficult. If the soil is too sandy, stapling the blanket over long runs will be futile. `Terracing' blankets or using strips of blankets with a heavy application of the seed mix (20 pounds per acre) and hydromulch will be needed. Silt fence should be installed at least 25 feet away from the toe of the slope to provide storage and allow the silt fence to function properly. As stated on the plan, the temporary sediment basins must be installed prior to grading activities. Berms may be needed to divert runoff into the basins along County Road 61. Subsurface storm water movement should be considered with surface movement of storm water. When considering storm water management, installation of draintile at the toe should be considered to reduce any future possibility of sloughing due to saturation from ground water or slope seepage. The applicant should be aware that if excess material is transported to another site in Chanhassen, a separate grading permit will be I required for the other property. Permitted i hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted , wt on Sunday or legal holidays. A proposed haul route must also be submitted as required. In addition, appropriate signage for hauling along County Road 61 will be required. B WOOWWRRIAARET —_1 Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 7 of 10 Grading on the east side of the creek must cease at or above the 756 -foot contour and all disturbed soils must be permanently stabilized and restored in accordance with the Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated August 8, 2004. Grading on the east side of the creek ceases at or above the 756 -foot contour; this must be reflected on the next plan submittal. Staff inspected the site on August 19, 2009, and the grading limits and erosion control have been installed at this contour. Terminating the grading at this elevation would more closely follow the natural drainage pattern in the area. It would also alleviate the need for additional storm sewer in the future in order to capture the drainage and route it back to Pond 2. The future developable area available would still be 12.4 acres. A phasing plan shall be required on an annual basis. The plan shall be subject to City staff review of conformance with the conditions of the interim use permit. Financial security to guarantee restoration and erosion control measures will be required with the annual updated phasing plan. The plan is also subject to administration fees. An administration fee shall be collected each year and shall be based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from the Uniform Building Code Appendix, Chapter 33. The applicant will need to request a formal extension 60 days prior to the expiration date for the Interim Use Permit. The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. The amount of the security shall be established annually and shall be submitted by the anniversary of the date of City Council approval. Type II, reinforced silt fence must be installed and maintained at northwest comer of project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type II silt fence must be reinforced using sediment logs, wire backing, or other effective Best Management Practice. Exposed, unworked soils must continue to be stabilized with temporary or permanent stabilization BMPs in accordance with the construction sequencing as stated in the Grading, Drainage, and Erosion Control Plan. Exposed, unworked erodible soils with positive slopes must continue to be stabilized using erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and Erosion Control Plan. All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated August 8, 2004, and phasing plan to be submitted by applicant. Tree preservation fencing must be installed at the edge of grading limits. No tree removal is allowed beyond the 756 contour on the east side of the creek. MnDOT Native Mix 340 be used for the seeding. All restored slopes shall be planted with trees. The trees shall be bare -root, Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 8 of 10 native species, one-half to one -inch in diameter, five to ten -foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). Spacing Trees per acre 5 x 5 1,742 6 x 6 1,210 7 x 7 889 8x8 681 10 x 10 436 RECOMMENDATION Staff and the Planning Commission recommends that the Planning Geffupiiss City Council adopt the following motion and adoption of the attached findings of fact and reeemmendation: "The City Council appmveles of Interim Use Permit, Planning Case #09-14, to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre-Bergquist, Inc., dated 7/30/09, subject to the following conditions: 1. The interim use permit shall be approved for a period often (10) years from the date of City Council approval. The applicant will need to request a formal extension 60 days prior to the expiration date of the interim use permit. 2. Permits from the appropriate regulatory agency must be obtained; including but not limited to the Minnesota Pollution Control Agency, Lower Minnesota River Watershed District and Carver County. 3. The applicant must submit a phasing plan. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 4. An administration fee shall be collected each year and shall be based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from the Uniform Building Code Appendix, Chapter 33. 5. The applicant must submit a summary of the quantity of material that has been removed from the site and the quantity of remaining material. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. 6. Grading on the east side of the creek must cease at or above the 756 -foot contour; this must be reflected on the next plan submittal. 7. The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. The Moon Valley Interim Use Permit —Planning Case 09-14 September 15, 2009 Page 9 of 10 amount of the security shall be established annually and shall be submitted by the anniversary date of City Council approval. 8. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 am. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 9. Grading on the east side of the creek must cease at or above the 756 -foot contour and all disturbed soils must be permanently stabilized and restored in accordance with the Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated August 8, 2004. 10. If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. 11. Type II, reinforced silt fence must be installed and maintained at the northwest corner of project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type 11 silt fence must be reinforced using sediment logs, wire -backing, or other effective Best Management Practice. 12. Exposed, unworked soils must continue to be stabilized with temporary or permanent stabilization BMPs in accordance with the construction sequencing as stated in the Grading, Drainage, and Erosion Control Plan. 13. Exposed, unworked erodible soils with positive slopes must continue to be stabilized using erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and Erosion Control Plan. 14. All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated August 8, 2004, and phasing plan to be submitted by applicant. 15. Tree preservation fencing must be installed at the edge of grading limits. 16. No tree removal is allowed beyond the 756 -foot contour on the east side of the creek. 17. MnDOT Native Mix 340 be used for the seeding. 18. All restored slopes shall be planted with trees. The trees shall be bare -root, native species, one-half to one -inch in diameter, five to ten -foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). Moon Valley Interim Use Permit — Planning Case 09-14 September 15, 2009 Page 10 of 10 Spacing (feet) Trees per acre 5 x 5 1,742 6 x 6 1,210 7 x 7 889 8 x 8 681 lox 10 436 19. A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. 20. Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue." ATTACtUdENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Letter from Michael G. Baier to Alyson Fauske dated July 29, 2009. 4. Public Hearing Notice and Mailing List. 5. Rescheduled Public Hearing Notice and Mailing List. 6. Reduced Copy of Grading Plans Sheets 1— 7, Prepared by Sather-Bergquist, Inc. Dated 7/30/09. gAplan12009 planning cases\09-14 moon valley interim use pennit\staff report moon valley ext.doc CARVER ire61 COUNTY 2 l `P Feb - Apr 2013 April 18, 2013 Mid 2013 Late 2013 PROJECT SCHEDULE 061/0904 — CSAH 61 (Flying Cloud Drive) Last Updated February 20, 2013 Stakeholder Meetings Public Open House Eden Prairie, Carver County, and Chanhassen Preliminary Layout Approval Environmental Documentation Complete Right -of -Way Process Begins Late 2014 Public Open House Construction Plans Complete Eden Prairie, Carver County, and Chanhassen Final Plan & Agreement Approval 2015-2017 Construction 9.i4n.�l wluwwlwN. m..n•a•uo.wrrMm MY�NIi wYlwwwpm�f..MwM1..mYNiw1.N[• • �urnsreu� r�lw.ran.nsru.aw MOON "ALLEY GRAVEL N/[[ NE I , ,,,... ;..,,, 1\ I 1 I I �' -/ I\ I SHEET SITE SUMMARY TOTAL ACREAGE (APPROX.): 75 Ac TOTAL BLUFF AREA IMPACT: 2.8 Ac TOTAL TREE CLEARING: 13.0 Ac TOTAL EXCAVATION: 1.8 MCV GROSS DEVELOPABLE AREA: 18.2 Ac EROSION CONTROL• �..+.••.+ FENCE - ttPE 1 .... /ile � •�mrnm~^ EROSION fONTR01 FENCE - TYPE 2 �'..e. 1 �%�w~.• SITE SUMMARY TOTAL ACREAGE (APPROX.): 75 Ac TOTAL BLUFF AREA IMPACT: 2.8 Ac TOTAL TREE CLEARING: 13.0 Ac TOTAL EXCAVATION: 1.8 MCV GROSS DEVELOPABLE AREA: 18.2 Ac EROSION CONTROL• �..+.••.+ FENCE - ttPE 1 .... /ile � •�mrnm~^ EROSION fONTR01 FENCE - TYPE 2 �'..e. L�r \ �%�w~.• SITE SUMMARY TOTAL ACREAGE (APPROX.): 75 Ac TOTAL BLUFF AREA IMPACT: 2.8 Ac TOTAL TREE CLEARING: 13.0 Ac TOTAL EXCAVATION: 1.8 MCV GROSS DEVELOPABLE AREA: 18.2 Ac EROSION CONTROL• �..+.••.+ FENCE - ttPE 1 .... /ile Clp,STRVSTEMI T NSTA,LSILT FENCE. MH TREE RiESEKJATK)N FENgNGAr GRADNGtMB, 3. Tlg WATE0. WALIiY PW D W $i BE E\GVAiEO AT iNE BEMNIkY' OF(#1AONp OfBIATIpl9 T0MMBETEMPOIURYSTORMWATEROETEMKWWRINGCp1STMICTpM SM SLT MUST BE REMWED FROM THE Po . M fEfFSSNtY.RWG CDIl4TRIR.TId1ANDATTFE COMRETION OF THE PROJECT. ,. DEOIN GRADING.INSTNLL PERFOHMTFD PISFR%PE IN FOfOSNXp,Pp1p ORADNG g CO ETE TEMPgiMY�PpES BEUSEOFMWEWdEflNTEORANMfg THEECNSTRUCT*N PERIOD"FECE$SMtY MODIRECTEDBYTREEMGMEA NSYALLSLT FENCE AROWO EXGVATEO PoWS ., FINISH GRApHG WHILE INSFECTgGAIID&, $T {ENCE,AFp pAEgALyCIXdYOR3AS REQUIRE. BY THE NPOES PEWFT. S. MSTALLNOOp FgERBWKET$QF MYFAP NOIEO Q, iIEfFAMgFIM/Jp M^ BETE REBTORNipH. LR P9 .IED LASER PEE NTEN STOW SEN9i MD dJiLEY STRUCRME Egt{AIDS ME MTµ . RESrdiATEMI 1. REBTOFE AiL dSNRBED ARF/S MTFI I' OCOTOP&OL z SEEDA OgTWPIDMEASWRREEO.TMdDI0.EROSBBATAMTEOFTm LBBM . FHRBRENT .I.IWIOOLBSIN T.M MWDHTYPE,ATAMTECFiTONLAOtEMDD AWHOR EDMTFLYAFYEEI %AF£LEM. USE EMMSpN BLMKETOX ALL SLOPES GREATER 1HN1 B:1 (FT). A. PLACE SLT FENCEA0.OIHp ALL STOW SEN9i MFF$ AMO EMMAN IML STREET C.NSTRUCT"mC ED.. S. MAIMAMALLSILTFEHCE UMLTVRF IMSBEEN EYTAYgIED. / 6, RESTOPp WMKMLLBECOM%. DWITHNT3HWRSOFGRADIWCO LETICN / MOOR VALLEY GRAVEL MINE SYMBOL LEGEND / `�1 111E. RERYLJOSTSEBF2 WMIMIHdiCd1WTWRR V EROAOH CORR0. BLANKET V v .L wD. ra,C IGBaE sEE SHEerE Ty.RpA BI M+O, W,-5�-wp F%gTMG UTILrtIES SRQSN ARESRONN NM MPROpMTE W/LY OIY. THE CMTRAGTMSWLLBETEWNETREEMCTLO TIWOFN,YMOAll EMgTN6 UTRITIESBEFMEFAMMEN NGWJ HEA EESTDBEFWLYTFSMRMBLENRFNY A,OALLDALNCESAHBSIHGOUT.FMISFALURETOFXACRYLIX TEMDPHEtMB/EN,V AND ALL EABTNG UTEIFES, / II SHEETINDEX II i I ES wMTOODFIBER BLANKI i / IypMR^ TJ E.,LEL�.� �ILEE— SEE BHEETI PeBOFrinLenaea TM—In Ye1Fotl EROSION CONTROL sw F,nNy (PPM $w Sex FBNce PWM FENCE — TYPE 2 RRB Mwnt Hba w U LABII EB use. LB W 100%. FBEIm SuP sLlw rm . A' / HW tL , &K F. wIn nwy HWY w sYWI.. be for N SNe FmO) sn EeM. SITE SUMMARY TOTAL ACREAGE (APPROX.): 75 Ac TOTAL BLUFF AREA IMPACT: 2.6 Ac TOTAL TREE CLEARING: 13.0 Ac TOTAL EXCAVATION: 1.8 MCY GROSS DEVELOPABLE AREA: 18.2 Ac m. a• W. D.PM rv�e L x m iY 0. M Hs Q Dg w DIN TYNKBI ®Lq H imrk ! BBFEml z Z EROSION CONTROL FENCE — TYPE 1 HGPGRY Im EO O w +m mO SULE IH FEET fEBTtFY THAT LH10.p M Iq VGf:IGM TtlN WAS EREPARED BY ME.R U.R MY ,,,B, 1% 8 z w O z �! W p wQ n a z Z O Q CL�F� i °z Lu J y a&r Z 5 zrw ( i rn 0U J Q o F C U Q z Z z w a. zM O O U W 2 a O .RALBN D� aEd® w 6MmAF sr„ M nldim ,DR ND. 6865N, LE: W:b%smMNG`SASE WV. SHEET 1 { 7 SHEETS CONSS POC' NSBOUE1N1l' T INSTALL SILT FENCE, H6VIi TRED pgESERvar10X FEM:ING nr ({RI➢INO u WrS. z THEWATER COMPLETION F HErrr Rllo MUST BE EXGvarEO aT TIE �GENlC CF W/ipNG aEjNTNye$ MOON VALLEY GRAVEL TO PTEMPORARY LETEMICN STORM Ml uWNO aYb'rRUCila1 SAND NO BILT MUST BE RE WDYEO FROM THE ROAD AS NECESSMMIY.RNO WMSIRt%:}ION AND ATINE coMPLEnDN DF THE vRo.Ecr. 3. BEGIN GRADING, INSTALL PERORATED RISER MM IN FtllDS M1ENKYp f{ynlryD I5 COMPLETc TEMFCNORV IXWNN'E RF45XµL BE USED FOR INIFAKwnIE waAIHIL;Ea1pN{' SEESNEE2 FENCE MOUND BeCoatRppCNps ♦. FI REONI GRADING WHILE HLEIHSPECT.NG PONDS, yLT FFH'£MNaA RED BVTHE NJE3 fPMI 5.INSTµL1MOp FlBEft BLM11QTb 11F M1Y)A41gTEOMTIE OPA'YNG RAXpNO WMREIF IV^L �--_� RESTOgaTlpl nn ^j��1jC� IF REMOVE PFRFgNTEn BSER RPE wI1EN craw sEwm AroamETsrnucTLAa FDR Pack - -- - / - i % 0 MEINSTHIF➢ i. RESTDRE aLL wsnRBED MEAS KnHrro S'OF Tp]aYYL �' _ "� %/ /�j i SEEO µL asTW10Ep IgEwS WITMIMOT NX1111�11O. Bn ArARwiE OF twtBS/IQE NO � � �/ / � /�/ a MULGI WITN TWEInrn RATE OF}Ta1YALRE MO aSC NiC10{IMEgATFLY MIIIi PLICEMFHI. LISE EMASIa1BVJYiT ox ALL 9LOFT:SaEATERT1VN 2t (FT) C ` � � / e" RACE SB T FENCEARGMB ACL SfaiN SEWER WFISNIOµVNr� / I B ` Ca1SIRlIClla11G WAilFlm. /// — cwenuN,uL aLT rcxcE wnLTusMMesw EsrMlslEn. _ 4 � � � //� �;� SIT e. RlEsraNnoN waixwlu BE caaeLerEBwlrwN rzLI011R56 GRAINS caastenBN. � /: �_ /' .� \� SYMBOL LEGEND rear Dwxpwa>nan 3'.S EA1311NB1MIGiWf11O1R ��' L _ 1 jI ��. , p x \O T O D S 14.0 +\� FENC SEE S70. 8WFFAREA I a GFRUED BLUFF AREA ervxeaFEY ® I �� .801E 1.2+1- us z.!-us ES ILTFENCE ' "� / J EXISTING UOL FES SHOWN ARE 311pATI IN M MTY!(OMMWAY ll TIE T 01111[ CONTNACTORSHALL DETERMINE TME EXACT LIXJOBIO1 M Met NU NL EXISDI 2� GINE ITUTES BEFONECWMENGNG NCNK XE N#FBIOEFNLY RE8POB8ERIRMIY 5 EM41 NNµL OMIACEG.WSING OUT OF wS FNLNEMENACILYIgYIIEMD RE90NEIV11' 6 TREE MN µL ETISTNG VTIIlTIE4 . .ca. SHEETINDEX GEE SHEETS Is Is KmCONcTRUCTION ENTRANCE Recommence, Tae In MRr, EROSION CONTROL set Poste Poorly (post Snall Be pal, steel Fence Posts FENCE — TYPE 2Oe Steep mw Mount Hog We' to Poste shall be ustl eto Mml IDD%. Fasten Ho Support Snow Fence q'_ w/ g Rings. (W. so lone no, r- W Is step,.. tosubetveee for Snow Fence) Silt Fence SITE SUMMARY TOTAL ACREAGE (APPROX.): 75 Ac TOTAL BLUFF AREA IMPACT: 2.6 Ac TOTAL TREE CLEARING: 13.0 Ac TOTAL EXCAVATION: 1.8 MCY GROSS DEVELOPABLE AREA: 18.2 Ac HasG' Min Depth T-.5 S.n gmunJpe OA Be, OT De. Trench OB LOY n Fab,k Bac4fill °°In vee l e EROSION CONTROL en"no.W°mewwr.� FENCE - TYPE 1 taB sB v n +m aro LbiE M I8T I HEREBr OFRrIFYTXATTHIB R.w oR GPEaFIunaN was R�wansv ME «u.IBERMr apECT 9UPERe1&ON NO TINT I M1 A dwY REGIGTEINB PROFES9alLL EN(ifmt LH.FR TI£LAY/darle srATEvsrwsarw •! {,L OL06UL _ RED NO W REVISIONS BY Q w z 0a r W W 00 i 00 ¢ J Q Z ai °z a0>- g W W Ito) m QZ (q O ¢ O r o0a= 0� Z W Z Z 2 Nl o 00 _ ¢ O r O CRAYM ww cNEc,L B RFP _ DATE A9>IDW.I e sm sIIBEr 1 DF 7 SHEETS SCANNED w�ssmnmw�pnyaw seer _ 2 SCANNED 7 I S S Era GRADED BLUFF AREA 2.2 ACRES U I - 80LF TYPE 1� w SILT F NCE I _ w IBLUFF REA 7.5 ACES 410LF TYPE : • ��_ ILT FEN •` \ w /— uJ 2 cn E SHEET 1 Ensxw IrtlurlEs Saw NE warm IN rn NiRluNre MNr uar. TE CON1RMfOR91MLL GEFFIiYIE T1E F.MCf LOGTpXGFNry NON1 FM9IN0 Vi1LmE5 BFFGRE CGIB£NON3 NIXK NEN MS FNLTO roBE FLLLr1£'ip(i1EFGRN1r Na Kl GNMGES MBIXG IXR OF UflE TO FIVLILY LGGTENa R£®R£Nf( NN NL EXISTING lRMP1E5 7 oa I SILT IM1111111 14.0 NWL 714,0 -_ HWL7180 7-4 rTSLO,,PES w/WOODFIBER BLANKETdr \\ = • i { WZ Z 11 r 0 maFNL 9z>win o QQ O wa2 z FRe QOM z g w�wlawo�erapxlpw- (j QZJ O SOF O0Q= o > Z a z Z 2 w 5 O u O o P MENS///jam_ j 1 IErEer cEGGFr T xnr TMS ww oR sFEaFronnan wis vrEVNEo er � aR LrLH� w !p ]5 G ]S 'ID 1W ggEC(SIFF.RVI9gINa TIMT1IY /. WLY IEGISiDE➢ ail✓EIXuaBF TRE uws of TIE nNTEaF NNF9GTN - MlE 06MW REG. NG SCANNED CIEGEG REP maFNL s Aa sgMi ae w. YesmF FRe w�wlawo�erapxlpw- aEr T 31 SOF I 51EEi8J SCANNED SCANNED REVISIONS BY on+vn w Z } Z g a a -j0 LLJ U) 2 z> O Z O a, 9 W.Nw6ambwveAg BMS Z z Z }z g o W Q 0 0 � J W F N i Z a X W Z = Q U W 2 on+vn GIE C C NEO ItEP MSE OW BOJ $CP1E _A4811dM JOB �q W.Nw6ambwveAg BMS scEt 5 % a s Ee SCANNED i g + \ ? � 3 X �^¢,t�♦-. .♦ � t 7 tit �a 1. -�. . ` �� ,t � �:.3' � .\ ,� �% '�.�•1 �.•`�,� �t',t'y#"' `a, l��- �` i - ♦ < �..� � �.. �f� �. i � sryyr t♦� n- .i --` �'. �, y"� �� r i-1 �I` � 1!A'. k� �'{L J � --.fi: }+.. �. ♦. �` d-:t i r'3, .� s+ f y a l r fir+ i .` r/+�r ii r. �f`.1.�4 ry js 40 or 4f 00 40 01( 400 OIL- ,.v; 11 �� .•„/J_`� .♦" l ` Yr ♦' �' 4_ r1 t��11 i�'�- i �`��' ` � fry , a j% _ L a r� > yl, �� . • 1 �� r �� 2I+ Fes, i� �- +/lam' s _ �t.%tJ� t'•1 i � ' ��w '♦ ` �' � p� � �� __ ��ti = Pte-` F ALL + " •/ rI �J IY a _'--�� : -�. - .. .- lam, l..r .a`Sr-��S�a � r♦ ' .. y. .. �-�. - if CgKSEgULTCN sEDUENdxG i INSrALL 9Lr f£XCE. ANdJR TgEE RIESERVATICN FENOHLAT GRIUxo uMITs. ]. TIEWATERp1AIRYF MOSFKUX vAT ATTESEGYYpICMOfy[N(.pS+AIICWq TOMMMMPoRAgY$r WATERp_rEM ppYN3CpB1y.Y`.Ilpl a .$T MVST 9E RENOFHO ENE fplO A51ffCE5SVtY dMili C0161WICIpN/M AT 11E COMPLETION OF THE THE FaWECr. ]. SEGIN GRADING, INSLKL PEflFpiArED {USER RPE W f'pLIS'MfNR7y1 (yHrygS CO ETH TEMFONAgv piNNAGE RPE yVLL SE USF➢FpiM6A6tATE OfVIV[E pWf1I{' MECONSTROCTdi PER100 AS NECESSARY A1a1 dgEC1E0 ay TlEpIGFEpt W$rµymT FENCE NOF VATEO POIDS 4. FIrvISX GPp➢1NG WHILE Iq$PELTNG PCrypg, yLTfFRfE NO P/VFNLCIXCIIYM4 A4 RE,,IREO 0Y THE NPOES FEINT, 5. INSTALL V/DOO FlBEq fiWIIQTg (IF NIYI A41glE° CM ME QiMlq RN1 NA CpgEEE RE$TOgglHkl. fi REAgVE PFRFptArTE° RSFA RPE `MIEN STdiY $EwEq IIppIRET SIIN.'Ri£ FdIR]IL�S .IMSTIllED RESTOIUTpN 1. SESTCRE N.L pSTVRSFD I/EAq NT111 �'roaOFIOPYNL 2 SFEO ALL pSTIRBEO AY�A$ WrTf INa)OT MI%TUIH N].9L ATAfUIE OF 1m184A0ENL FEfNILIIE'MIN LLI610 AT ltllt&5/ACIE. S. MOLCM W1M T'PE 1 ATA MTE OF ]TOHyILpE /M ySCNppt yEpAIEIY IFEEIt RK.EFFHr. OSE EMIASpH SLIM�T ONNL SLp43dEAEyillVN2f IFI) e. RACESILTFENCEA ND&LSTORM$EWFAINLETSNIGL MU L� CONSTRUCTION IS CpuKET,O. S MNNTNNN1 yLT fENCF UNTIL IVIFIN4 PHR E5TABIlSIFD. fl RFBTdUTCN WORN WILL SE COMRETEDNIIFW T1 HllOOF(AILIIHG C(Y.pIFIpN. MOON V SYMBOL LEGEND 9@ -- Ri4pBFDMPgR1'Qllgq —YOU PgplpgEDKl10ROdRPP O _V\Av\� E%ISIM011NORt%MOIIR �S / 3^'- EOBIWO MApRdMTdM /' FI✓bS10NCOlYTMLd/Yl.ET V \ ES \ EtlSl,lq UTILfREB ygMrl AI¢ ygMIMNIM1iCW1ARMMY OILY. TE cagrRAnTpv yuLL IlElE1NIE TME o6tnr LOGTIW aMIYNOAUDffiINO MRLIyIEs sEPora cwBtwGwpaL IEAdiffaroeERAarlEyprlHEwxAxr N0 NL OMIK£3 A16RlG OUF 6 Ma FNII£ M EYICILY IAfwTE /M MEE.�HN£ N11' AFa 1 N1 EXISRN3 tlplllE4 sEE i SHEETINDEX LEI/ GRAVEL MINE SEESFEETS 6)4 eft Win- ' SM�RK4A pm ,•'rr.waamu. „u,w•' ROC CONSTRUCTION ENTRANCE / - — n--- 3 EROSION CONTROL R°°o Set PcHt me -In Mems o Set P°a)a Fmly(Post ,Nall Be 00 4 irol Fence Paste i FENCE — TYPE 2 sen) terms Mwd at xog wto Polls S . N°II ueM to MrtaM1 100% Posfen . — H len. Fence p _ e/ Hog Rings. ( (woven .e me,•�' Haus sm°Ies _ be ,abstae)cj for sat Fence Ali W s W. SITE SUMMARY TOTAL ACREAGE (APPROX.): 75 Ac TOTAL BLUFF AREA IMPACT: 2.6 AC TOTAL TREE CLEARING: 13.0 AC TOTAL EXCAVATION: 1.8 MCY GROSS DEVELOPABLE AREA: 18.2 Ac REVISMS By U Za I-- CO n Z E U� U.I 3 ws Q0 'A� N V/,$ tR00.5 8ba wr e N `per Oyyj OES 0 w Z REP ne�3UaI..m d� throuot ede 5' l0 9m.m OA Dig or Disc Trench ,H,- to wn m 6" w� c. DeOtb OB Loy Fabric k B kf,11 IIIM�6.' eeo".df ` EROSION CONTROL Nm" -taFENCE — TYPE i ,YD m Y m Im m wa(i $GLEMF¢r I xEREer cERnFY TxAr rNls RAN oa sPEdFTurwxwASRaPNaD er IE wlfalRe FlY dRECr SIIPRMSNM NID TMATIMIA WLY REGIBIEIEDPRJFE.S9ION>L EN9IE81IN�R r,e uws a' ME SATE aF rwa�sorA Q J Cn O J Q O r O U Q 2 DATE mOflOA we. MO REVISMS By U Za I-- CO n Z E U� U.I 3 ws Q0 'A� N V/,$ tR00.5 8ba wr e N `per Oyyj OES 0 w Z REP 0F } zz>Z 0 Q U wa(i z c�0 2LU g Z Q J Cn O J Q O r O U Q 2 Z a.w z Z r w 0 0 U = Q 0 r (� G piAWN C I8 wrE pNYNY SONE As io. HO, NG 6Yb5MI W:'698SmPD«G,aA ER OtM2 SHEET 1 O 7 SHEETS REVISIONS BY Z � w Z r w W O LU �¢>Q Z U � � z Lu Z w Lu 2 X 0 O U J Q S 2 W z Z x w o O U _ O JK r*E flEP MlE U9NeOl $CNE JOB Iq BBB5W1 FILE W'BB&SOYMWO`B�EpIV)OVRi S1EET _ 2 0 7 \LLJ �� / 0 \ /5}/ Lj of ° /w§ ) J§d2 » \°%$ / § C) ¥ ` § 0 REVISIONS BY ,K cr�mm wre uimw sr wtmgw� smr m W Z Z � Z a a W 0) 2 U) Z O U O 0 2 Z ° >z5 W p W 2 C7 Q Z_ Q 2 i NZ > Z d xO = U W x W O ,K cr�mm wre uimw sr wtmgw� smr m REVISIONS • BY Ecco REP _ DaIE wrmo. NME K 9�MN _ ,oEro Sv 6 v w N.I Zc G lL Z w d i a > W a O Z W 0 Q ;Z Z 5 LU Z w aWJ) > a a ~ Oa = O= C) F- Ecco REP _ DaIE wrmo. NME K 9�MN _ ,oEro Sv 6 v � i 6 `,1... � � • ¢ `s' ''sem e<Y. .g� - ..-. - j'.- , � ` '�. E. . 004 to r E I!MNQ Mlf11E891pWN A,L SHOMN IN MI3'RIO%11MTFYMY MI TE COXTRILigi 9lwLL MTERMINE i EEXALT LOCATN}1 Ci H1YMp.•1y EA4IIN0 MLIIIES BFFCIiE COMNEHfiNG yNR1L NE IfFEE6 TO BE FLLLYIE9NYl4ElEFpQ /N1' NOILL WNMFS NtlYNO Wf OF NS FAME TO EXACILYI.IXAiEHU FPfSBM1E INY NO KL EYJSIM3NAliEB 1 xENEer CEMFYTXAT nns Flxl a+srEClFmwrWNwwsvrEssnEo errca+lrrwtw Im .9 0 W 1L0 Ztl CQIECI91RENw51Cw N0 TINTINIRIXILY REUISIEREO FIWFF990N4.ENFYFFA LNOEN 1NE IANS Of TIE SLATE Cf N_INESOIA srxEwFEET _ "� _ fr _ _ - MlE 06V6O1 REN. MO W r Z > aEaEn x NEP O > > z Z U Q TM9l Z rW g O o W � -1 O Frte wwasauror_.cvvss a r a > Z Q a w 00 = wQ O SOF I 511F£lSJ oLs aEaEn NEP are TM9l ,ae No emsw+ Frte wwasauror_.cvvss �y oxc SNEET �7 SOF I 511F£lSJ cDNsnocnox sEDLENaNG i.IN$IpLL SILT FENCE 0.VOICR TREE PRESERVATICH FFMANG AT GIIMN3l1K15, z n1E wnrEa wulry ronU MuaT BE EzuvpiED Ar T1E8carfaD DFCiNLW sDPERATp,s TO RpNDE TEMPORA4Y STgiM WpIER DETENIIDN PAiING WG1PoAlICN. SND HD AT MVST BE CIF FRCN¢PCNA AS NECE$$N1Y IXI101I' fbN$IRI[:nCN /yD Aj nE IXAPLETON Ov OF THE Ri]CCf. 3. BEGIN GRNNt.G, INSTKL PERFIXUTEp RISER %PE W PADS N1EN IV O,,m,ND IS COMPLETE TEMPoRMY ORNNw,E PIPE SHN-L SE O FOR INIERNEgpTE ORNHgOE DLgRD THE C0.YSTRUCTION PERIOD AS NECESWiY Ni001 RECIPE SY nE EN(SNEEH, INBTNL _T FENCE MOVNDE AVATFD PW14 .. FINISH GFOO NG YINILE INSPECTING PONDS. SILT FEI%:E, N0RM16pLLRWpigLlSAs REQUIRED BY THE PDES PERMT. s. INS llL wTOOu %BEa BLWKETs OF ANYI As NOTEn CN 11E(AFLBD %IH IID CpgE1E RESTaunpM. 6. REAYWE PERFOMTEO RISER RPE WHEH STOiW SEVER NDpIREf SIIM.T1E FgifVID.4 PAF P65IOLID. REBTORAigN ,. RESI01>E NL QISTVRSEp MEA4 WIIHA'TOBRICP$CL x. SEED ALL p3npBEQ—"TH MNQOT MIXNItE HJ 310 ATARATE aF im L85/N$ND FEnmRE `MTH ]0.lo-w AT Im USS/A 3, MULCHVTHTYPEIATAMTE 2TON&pGR 3SCAVCKHIM.IEDIATELYpFfQt PLACEMENT. USE EMULSIIXI BLWKET IXi 111 SLOPESQiEATERTWN yI IFT4 L RACESILTFENCEMMMDKLSTIX SE RBIETSAVDNNMNNLNTL6nEFT CIXl4TW1CIKK1 S.P.ETFD 3. MMMNN NL SILT FENCE 1M11Ln11i FKBFEEX ESIASLIMED. 6. RE3TOMTIPINpC(WILI SE CpPETED W113N TAXPW OFf1Vil4 CTlHF110N. MOON VALLEY GRAVEL MINE SYMBOL LEGEND -- ---- BILTFESED ` OUR Son IROPOISED MI NOR C(MODIR — Sb PRSTING MAIORCIXiTLYAi EXISTING MINOR CONTOUR EwsnrD MAIOR mvTaLrt(/�O A EIg910HCWTIbLtlNET \ , ` V EUSTING Ln1UnES SHONN ARE SHORAN IN AN AFgtl. MWAYMY. T1E CONTRpCTIX15MN1 DETERMIIE THE EVCT LOCAIDNOF/NYNDµL EMBRD VTILITIEE BEFOiE NXOIENCING wpHK HE pGREEB n1ff RALTIE9VG�LEFOINH A'D NLD..W NUSING OR OF XIS ND ALiNLVRE TO EXILILY LOGTE A'D PPFJHw£IM' L ..W VIILfI1E5. SEE SHEET �W- SHEETINDEX iV —// rte:✓ � J� /� � �% �II I �� ' 2.51 4FIBER BLANKtT��, n�2 ==Two we i 5��/ I •_ar— ITT, aR4 i ROCK CON TRI PON NTRAN i RJecommendW Toe -In Methal EROSION CONTROL Set Poste Rmly (Pest Snell Be aE i" Steel Fen, Posts FENCE — TYPE 2 Steel) nne Mount Hoy W,e m Posts. -� ennll be I. to N,nr 100x. Fostm /-� (yk,"SuWte w,e mO�Snow nce \ L or NaiN aRr Rb01es. Sue:Wtee r I- Snoe Fence) S11 Fence IN .r SITE SUMMARY TOTAL ACREAGE (APPROX.): 75 Ac TOTAL BLUFF AREA IMPACT: 2.8 Ac TOTAL TREE CLEARING: 13.0 Ac TOTAL EXCAVATION: 1.8 MCY GROSS DEVELOPABLE AREA: 18.2 Ac REVISIONS BY O W Z T nwaN Ry n. Dae re„m 6• Mtn. apin Q Lay :° Fnv�e Is 13ocEL1I B°" is N 6 ° o ° •"' "'PT 7h EROSION CONTROL B<c.ae°e. �,.�1� B°.,°"<,°" FENCE - TYPE 1 Im m D m 610 zoo UO Z BONE SIFEET I HERESY CEanFY TIUr iM5 RAN IX15PECIFIGUDN WA4REPIIEDSYME DR VL@MY SU IINAWLY IEOISID®PPDfE ENi✓EDIIIDflt THE LA OF THE STAECIF THE LAWNS OF THE SrAIEOF MSfESOIA -..I H if WrE 06960E RED. NO REVISIONS BY O W Z O � F T Q oZ>W o a5�z C w UO Z z � in Z (<nO x O -1 H U Q 2 Z W Z Z S Es O v W x a O GIf U 2 nuYN3 K atEQI® RE, .ATE m6Sae STxE ASSNOWN IOSND fimwBT ULE — WVM6smr SPEEl' pWlaw sNFFT 1 OF 7 SEEE v W W 2 t/J w Lu U) 1 C �G ED BLUF AREA / /{ 4 CRES '55 4 GRADED BLUFF AREA / 2.2 ACRES — a,a ALOl PES wNVOODFi BLUFFREA 7.5 ACRES 41OLF TYPE - SILT FEN 1 \ Lu WLu i • W Lu ;6�ESHEET \ -N - —� '�' F as"EMEN EYJSTXG �nLmes savor uJE s,avn nr yr Jwwamv�n¢wnr aay. TI£ CC ES MF sXILL DETF ONG n1E EXILT 1p ES aF MIYNOILL E%ISIING Y111R1E5 SEFO1g CAMMENG HIS XEMETO RIPEFlL pE5PGd19EftlIMII /M KL pNMGES MISIHG IXRCf XIS FNLIME TO EYMILY LOGE IH] �Hry .VIG PLL EgSTNG 1R11J11E5 I SILT =R ELAN _ j' y i NEPEer cEPnFr,w�„ws PWI aP sPEGnunwwrs PPEPMED er rEwuw,w GPEISVPEPV S NIL INRTI AV•GULY XEG3lEPEOR6£FSSIOWLL ENGI®tUmY THE uws of iXEsrnTE a w_ wEwrw ptucpFgF _!N r p/.,E. 0690.4 _ PEG.M Z� H� U� CY w3 co3 °�fp0.s SN3Ni bP fj2^ b W NN3 GE5 z W Z GPnw,J 0 Y LMEL✓EG o z > w z Q z o U La a z Q , } Z SL.�E Ne s.avM w zZWyy f DUUQ= NY,�O,NING1BIg�� P > z z Z i w w o OU s O 7 9 E15 • GPnw,J µ LMEL✓EG PEP WTE ocanoa SL.�E Ne s.avM ,G9 NJ NY,�O,NING1BIg�� Et 3 7 9 E15 REVISIONS SY Z N r m cyl �s �a W3 m< ws W� cn$ a�y�pf Bb3�4 a JP J LY�y `�eC G.yd �E9 zW LO Z w Y -j w p aCL W m O z Q L WO 2 wa0� z ZWw N 2 O J Q ❑ U Q 2 2 c� Z > Z Z i a o 00 W = O F- } § J0 (§ § Ei §� z \ ) §k / \} § § §k \ �