1e. Mineral Extraction Permit for Lake Susan Hills Partnership - _� CITY VW 0 F ; �
1
"L.,..1 -s = 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 CHANHASSEN
I s
,
-. (612) 937-1900 tiT
f
' NFL
IMEMORANDUM r,,.,' __--
TO: Gary Warren, City Engineer ,,,moil_4 _—
1 FROM: Dave Hempel , Sr. Engineering Technician 490 :et L,1511, : t
DATE: August 9 , 1989 L� bmtted to t.c.tool
IISUBJ: Mineral Extraction Permit Approval for Lake Susan
Hills Partnership
IIFile No. 89-7 Grading Permit
Attached is a grading and erosion control plan dated July 24 ,
II 1989 submitted by James R. Hill , Inc . , engineers, on behalf of
Don Patton of Lake Susan Hills Partnership. Mr. Patton is
recognizing an opportunity to rough grade a future phase of Lake
1 Susan Hills West while fulfilling the demand for common borrow on
the Lake Drive/Trunk Highway 101 construction project. The
grading as proposed will generate approximately 103, 700 cubic
Iyards of material .
The site consists of rolling, grassy meadowlands all sloping
towards Powers Boulevard. The applicant has laid out a platting
1 concept of the area with future street grades of approximately 7%
to 8%. This is within the maximum allowable street grade
according to City Code . During the late stages of writing this
I report the applicant indicated a requirement by the Watershed
District to provide temporary ponding for extracting sediment
from storm runoff . The permit requires the applicant to obtain
and/or comply with the Watershed District and Carver County
1 Highway Department recommendations. It is therefore recommended
that the grading and erosion control plan for Lake Susan Hills
dated July 24 , 1989 as prepared by James R. Hill , Inc. be
I approved with the following specific conditions being a part of
the permit besides the general conditions set forth:
I 1 . The erosion control shall be Type III in accordance with City
standards .
2 . All erosion control measures shall be in place before exca-
1 eating operations begin.
3 . The applicant shall receive a temporary access permit from
1 Carver County Highway Department before proceeding.
I
Gary Warren I
August 9 , 1989
Page 2
4 . The applicant shall pay the City' s permit fees as required
and shall provide the City with a cash escrow or an irrevo-
cable
letter of credit from a bank in the amount of $19 ,000
before the grading commences . The letter of credit shall be
for a term ending August 31 , 1990 .
5 . Hours of operation shall be limited to Monday through
Saturday, 7 : 00 a.m. to 6 :00 p.m.
6 . Excavations to the undisturbed topography shall have a maxi-
mum slope of 4:1 .
7 . The applicant shall employ practical means to reduce the 1
amount of dust generated by excavating or hauling operations
and keep all public roads cleaned of debris on a daily basis.
8 . Approval of this grading plan does not constitute approval
for any future subdivision improvements on this site.
9 . September 15, 1989 is the end of the planting season for seed j
according to MnDOT. If the site grading is to continue
beyond this date ( 9/15/89 ) , appropriate meaa4r shall be rey 4J "Al
taken by the applicant to see to it that the erosion control
me-a-eure.s are-adeefua-te<l-y--mainta ' d-and in place prime to
/I\ h.. i sprn
WiN Se.e� �� ,/
10 . The applicant shall provide an outlet control structure for
a temporary retention pond. In addition, the drainage impact
downstream of the pond is to be addressed, i .e. drainage pat-
easements and negative impact on adjacent properties .
Attachments '
1 . Application for Mineral Extraction.
2 . Mineral Extraction Permit.
3 . Grading and Erosion Control Plan dated July 24 , 1989 .
OFFICIAL E.JGI:"vccRING COPY
ReCe ;3G
Rev ;i N.)Date e
Approved by City Council
Date
_ "Pr -,
Date
Permit No.
' APPLICATION FOR EXCAVATING PERMIT
Fee:
Owners Name Lake Susan Hills Partnershi
Telephone e _
Address 7600 Parklawn Dr. Edina MN 554 5
Excavator G & T Trucking
Telephone 461-2180
Address Elko, Minnesota
Block
Subdivision
Site Address Lake Susan Hills
Description of work to be done: Borrow
approx, 100'1100 y of fill fnr
construction of Lake East Dr.
Indicate the use or occupancy for which the proposed work is
1
int:enf c:ed
Estimated quantity of excavation 100,000
cubic yards
Plot plan showing present elevations.
Elevations after excavation is completed: See plans by James R. Hill, Inc.
' Elevations of neighboring property within 15 feet of excavation:
Location of any buildings or structures on the property where the
' work is to be performed and the location of any buildings or
structures on land of adjacent owners which are within 15 feet
of the property o•r which may be affected by the proposed grading
operations :
ikkOJA 114 • -
1 '
' APPLICANT'S SIGNATURE
MINERAL EXTRACTION PERMIT '
PERt4IT dated , 1989 , issued by the CITY
OF CHANHASSEN, a Minnesota municipal corporation ( "City" ) , to
LAKE SUSAN HILLS PARTNERSHIP , a Minnesota general partnership
(the "Developer" ) .
1. Request for Approval. The Developer has asked the
City to approve a mineral extraction permit in conjunction with a
portion of the proposed LAKE SUSAN HILLS WEST P. U.D. (referred to
in this permit as the "plat" ) . The land is shown on the attached
Exhibit "A" .
2. Conditions of Approval. The City hereby approves '
the permit on condition that the Developer abide by its terms
and furnish the security required by it.
3. Plans. The plat shall be graded in accordance with
the following plan. The plan shall not be attached to this per-
mit. If the plan varies from the written terms of this permit,
the written terms shall control . The plan is:
Plan A--Soil Erosion Control Plan and Grading Plan
4 . Time of Performance. The Developer shall complete
the grading and erosion control by October 31 , 1989 . The
Developer may, however, request an extension of time from the 1
City. If an extension is granted, it shall be conditioned upon
updating the security posted by the Developer to reflect cost
increases and the extended completion date. '
5 . Erosion Control . Plan A shall be implemented by the
Developer and inspected and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial . All areas disturbed by the excavation and back-
filling operations shall be reseeded forthwith after the comple-
tion of the work in that area . Except as otherwise provided in
the erosion control plan, seed shall be rye grass or other fast-
growing seed suitable to the existing soil to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be
mulched and disc anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling
erosion. If the Developer does not comply with the erosion
control plan and schedule or supplementary instructions received
from the City , the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify
the Developer in advance of any proposed action, but failure of
the City to do so will not affect the Developer ' s and City ' s
rights or obligations hereunder. If the Developer does not reim-
burse
the City for any cost the City incurred for such work
within thirty ( 30 ) days , the City may draw down the letter of
credit to pay any costs.
' 6. Clean up. The Developer shall daily clean dirt and
debris from streets that has resulted from construction work by
the Developer, its agents or assigns.
' 7. Security. To guarantee compliance with the terms of
this permit, the Developer shall furnish the City with a cash
' escrow or irrevocable letter of,ycredit from a bank ( "security" )
for $19 , 000 . 00 . The bank and form of the letter of credit shall
be subject to the approval of the City Administrator . The letter
of credit shall be for a term ending August 31, 1990 .
' 8. Responsibility for Costs.
' A. Except as otherwise specified herein, the
Developer shall pay all costs incurred by it or the City in con-
junction with the grading and erosion control , including but not
limited to inspection expenses incurred in connection with appro-
val and acceptance of the permit.
B. The Developer shall hold the City and its of-
ficers and employees harmless from claims made by itself and
third parties for damages sustained or costs incurred resulting
from permit approval and work done in conjunction with it. The
' Developer shall indemnify the City and its officers and employees
for all costs , damages, or expenses which the City may pay or
incur in consequence of such claims, including attorney ' s fees .
C. The Developer shall reimburse the City for costs
incurred in the enforcement of this permit, including engineering
and attorney ' s fees .
' D. The Developer shall pay in full all bills sub-
mitted to it by the City for obligations incurred under this per-
mit within thirty ( 30 ) days after receipt. If the bills are not
paid on time, the City may halt all work and construction.
9 . Developer 's Default. In the event of default by the
' Developer as to any of the work to be performed by it hereunder,
the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the
' City, provided the Developer is first given notice of the work in
default, not less than four ( 4 ) days in advance. This permit is
a license for the City to act, and it shall not be necessary for
the City to seek a court order for permission to enter the land.
When the City does any such work , the City may, in addition to
its other remedies , assess the cost in whole or in part.
10 . Notice. The applicant must notify the City Engineer
in writing a minimum of 48 hours prior to construction.
' 11. Watershed District Permit. The applicant shall
obtain and comply with the conditions of the Watershed District
permit, especially as it relates to seeding and restoration of
vegetative cover.
-2-
12. Site Specific Conditions. '
A. The erosion control shall be Type III in accor-
dance with City standards .
B. All erosion control measures shall be in place
before excavating operations begin.
C. The applicant shall receive a temporary access
permit from Carver County Highway Department before proceeding.
D. The applicant shall pay the City ' s permit fees
as required and shall provide the City with a cash escrow or an
irrevocable letter of credit from a bank in the amount of $19 ,000
before the grading commences. The letter of credit shall be for
a term ending August 31 , 1990 .
E. Hours of operation shall be limited to Monday 1
through Saturday, 7 :00 a.m. to 6: 00 p.m.
F. Excavations to the undisturbed topography shall
have a maximum slope of 4:1 .
G. The applicant shall employ practical means to
reduce the amount of dust generated by excavating or hauling
operations and keep all public roads cleaned of debris on a daily
basis .
H. Approval of this grading plan does not consti-
tute approval for any future subdivision improvements on this
site .
I. September 15 , 1989 is the end of the planting
season for seed according to MnDOT. If the site grading is to
continue beyond this date ( 9/15/89 ) , appropriate measures shall
be taken by the applicant to see to it that the erosion control
measures are adequately maintained and in place prior to spring
runoff. '
r
I
I
-3-
CITY OF CHANHASSEN
' BY:
Donald J. Chmiel , Mayor
(SEAL)
BY:
Don Ashworth, City Manager
LAKE SUSAN HILLS PARTNERSHIP
I
BY:
t ITS:
STATE OF MINNESOTA )
' COUNTY OF CARVER () ss .
I The foregoing instrument was acknowledged before me this
day of , 1989, by Donald J. Chmiel , Mayor ,
and by Don Ashworth , City Manager , of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council .
' NOTARY PUBLIC
' STATE OF MINNESOTA )
( ss .
COUNTY OF
1 The foregoing instrument was acknowledged before me this
day of , 1989 , by
NOTARY PUBLIC
' DRAFTED BY:
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen , MN 55317
( 612) 937-1900
' -4-
, ,./(0')/ -'•:•- ; I .yr
b e,414
'i i;A I hill•-44111 11111*'49-111811117
,.,
__ _._.II .•-,A::' ''''j L,,, •,..,-„,...1.761ri„ 1---..........._,
I
/ •••••,..*,-.
lok t
4
I
2 lip A*
. ,
0,
I
4,c01101,4 I
I /
CdO‘.'1% I LAKE SUSAN HILLS
64 165,P 497
P6
*4" I
R 0 P 0 S E D
N
- . EXTRACTION AREA I
# I,.-..t.
1
v
+ .
ss
I
..:::••..:.••::.:::::,...:....:...:::...:..:..f.i.i.i.;:j '
I .
_ 1..•:•i•:.:•:•:•E•:•:••••••■••••:'.••••1
•••.•::••,•.••• 1.:4•Xej---,--- ' _.--•
::::::::: $:•%.*::::::•*"."•*•••••'•
I
'`..s. +1 ::::::::::::::f.::::•:•:::::::::::::; I
''`. '0 •••:•:•:•:•:::::t.::•.*:•.'.•:":".'.*:;" 1
N. 0 .:.:•:•:•:•:•,:my.''.•:•:".•:*:•:•:" I
i t..... 1:.:.:.:.:.:.:.:.:;•:•:•:•:•:•:•:•.:4. j
•••••••••••••••••/..X•••••••••y• 1
t
•••••••••••••••••••••it- %%VI p. --"---'
134 i26,P 30 ;
BK 142.P 430
UK in, P705 ••••••••••*•••••••••":" •••••• 11• i Ci 1 LAKE SUSAN HILL I..,'
56 167,P650
.. ..f.:"4:::::::::::::::::::::::::::::••• I---
I
( . ::::::::::::::::::.::::::::::•:'.•:--
600'± co ,
-k- i
I
/
-_
..,..
.k.
:5 5
, I
l
r•
r
-I -
BLANKENSHIP
/
I
o
//
OK 171, P 205
/
I
3,43,D coaAN r •
' 1
/
....:
/
..-
II • c,LE
1 0
I 2;
I
7
5 0
! i Hit./ ,-,,
'')IDE
! 40 7 I
' ‹).
CO ! 0 iik s
I
".1;;•••':••••*"'
...._,./
- ' .
rf:,. '-4. ' LYMAN 17 C S.A
• NO - ,--7,---
I
—.----,
EXHIBIT A
i