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1j. Moon Valley Contamination Clean-up Grant CITY OF CHANlIASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.2271100 Fax 952.2271110 Building Inspections Phone: 952.227 1180 Fax: 952.2271190 Engineering Phone 952.2271160 Fax 952.227 1170 Finance Phone: 952.2271140 Fax: 952.2271110 Park & Recreation Phone: 952.2271120 Fax: 952227 1110 Recreation Center 2310 Coulter Boulevard Phone: 952.2271400 Fax: 952.2271404 Planning & Natural Resources Phone 952.2271130 Fax: 952.2271110 Public Works 1591 Park Road Phone: 952.2271300 Fax 952.2271310 Senior Center Phone: 952.2271125 Fax: 952.2271110 Web Site www.ci.chanhassen.mn.us i~.": ~~J MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson AICP, Community Development Director DATE: October 23, 2006 Cl~ Moon Valley Contamination Clean-up Grant -' SUBJ: BACKGROUND On September 27, 2004 the City Council approved the Interim Use Permit for Moon Valley. The applicant, Pemtom Land Company, is requesting to have the City support a grant application for the Minnesota Department of Employment and Economic Development. A grant request and the resolution for approval are attached. On May 23,2005 and October 11,2004, the City previously passed resolutions in support of the grant application. ANALYSIS The grant application is due November 1st. The applicant is requesting the maximum amount of $50,000. The City will be the pass-through agency for the funding. There is a requirement for the City to provide the 25% match for the grant. This would amount to $12,500 which staff intends to have a memorandum of understanding with Pemtom Land Company that the City would be reimbursed for those costs. Additionally, the City is applying for $6,000 from the Metropolitan Council's Tax Base Revitalization Account to assist in the City's match requirement. Staff supports the clean up of the site and the request for funding. RECOMMENDA TION Staff recommends that the City Council approve the attached resolution for the funding request. ATTACHMENTS 1. Location map. 2. Resolution. 3. Grant application g:\plan\2004 planning cases\04-27 - moon valley gravel mine\moon valley clean up 10-23-06 cc memo.doc The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Location Map Moon Valley Contamination Clean-up Grant City of Chanhassen I I I \ I \ I I I I ! I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: October 23. 2006 RESOLUTION NO: MOTION BY: SECONDED BY: RESOLUTION APPROVING THE CONTAMINATION CLEANUP GRANT APPLICATION AND COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE FORMOON V ALLEY ENVIRONMENTAL CLEANUP BE IT RESOLVED by the City Council of the City of Chanhassen as follows: 1. That the Chanhassen City Council hereby approves the Contamination Cleanup grant application to be submitted to the Department of Employment and Economic Development (DEED), by the City of Chanhassen for the Moon Valley site. 2. That the City of Chanhassen acts as the legal sponsor for project( s) contained in the Contamination Cleanup Grant Program and that the Mayor and City Manager are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Chanhassen. 3. That the City of Chanhassen has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. 4. That the sources and amounts ofthe local match identified in the application are committed to the project identified. 5. That the City of Chanhassen has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. 6. That the City of Chanhassen participates in the Livable Communities Act Local Housing Incentives Program, is eligible to make applications for funds under the Tax Base Revitalization Account and is authorizing the City Manager to make application for funding to the Metropolitan Council on behalf of the City of Chanhassen. 7. That upon approval of its application by the state, the City of Chanhassen may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Chanhassen certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. 8. The Mayor and City Manager of the City of Chanhassen are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. Passed and adopted by the Chanhassen City Council this 23rd day of October, 2006. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT G:\plan\2004 PC\04-27 Moon Valley Gravel Mine\Containation Cleanup Resolution Contamination Clean Up Grant Application Moon Valley Aggregates and Shooting Range Property 100 Flying Cloud Drive Chanhassen, MN 55318 MPCA VIC Site #VP19420 Submitted on behalf of: City of Chanhassen (Applicant) and Mrs. Beatrice Zwiers/Moon Valley Aggregates, Inc. (Property Owner) November 2006 McCain and Associates, Inc. <;3 FY 06 - 07 Contamination Cleanup Grant Application and Part 1 of the Loan Application TABLE OF CONTENTS Instructions Cleanup Grant Program Purpose/Background. .................................................. ...... ........... II Grant Application Deadlines............................................................................................... II Grant Eligible Costs ............. ..... ....... ...................... ........ .... ....... ....... ............................ ....... II Grant Funding Availability....................... ........ ....... ...... ............. ...... .... ......... ............. ........ II Eligible Grant Applicants ......... ................ .......... ..... ...... ...... ..................... ..... ............. .......111 Grant Eligible Qualifying Sites..... ............ ........ ....... .......... ................. ....... ................. .... ...111 Required Appraisals or Assessments............................................................................... IV Required Cleanup Budget & Schedule ............................................................................ IV Grant Local Match Requirement ............................ ............ ................. ..... ......... ............... V Grant A ward Criteria....................................................................................................... VI Application Site Identification and History ......................................... ....... ......... ..... ..... ................. .........2 Site Information.......................................................................................................2 Site Valuation...........................................................................................................2 Map and Site Features..............................................................................................3 Current and Future Site Use.... .................................... ........................... ..................3 Site History..............................................................................................................4 Contamination..................................................................................................................... .4 Cost Analysis....................................................................................................................... 7 Investigation, Cleanup and Project Cost Budget .....................................................7 Additional Funding Sources .................................................................................... 8 Cost Recovery.......................................................................................................... 9 Financial Information and Alternative Financing....................................................9 Development Plan After Cleanup........................................................................................9 Property Taxes.......................................................................................................l 0 Job Creation & Retention.................. ........ ........................... ......... .........................10 Proj ect Schedule.................................................................................................... .12 Third Party/Company Commitment Information ..................................................13 Payment Information........................................................................................................ .13 Resolutions....................................................................................................................... . .14 Resolution # 1 ....................................................................................................... ..l4 Resolution #2 ........................................................................................................ .15 Cleanup FY06-07 MINNESOT A DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT 1st National Bank Building 332 Minnesota Street, Suite E200 St. Paul, MN 55101-1351 Contact: Brownfields and Community Assistance Unit Local: 651-296-5005 Toll Free: 1-800-657-3858 ***YOU MUST READ THE FOLLOWING NARRATIVE TO FULLY UNDERSTAND THE APPLICATION PROCESS*** INSTRUCTIONS PURPOSEIBACKGROUND: The Contamination Cleanup Grant program was established by the 1993 legislature and Minnesota Statutes ~~ ll6J.551 - 116J.558 gives the Minnesota Department of Employment and Economic Development (DEED) authority to award grants to clean contaminated sites to allow for redevelopment. The purpose of the Contamination Cleanup Grant Program is to reduce the potential threat to public health and the environment, create new jobs, increase the tax base, and provide other public benefits by redeveloping polluted and unproductive sites. APPLICATION DEADLINES: Contamination Cleanup Grant application deadlines are November 1 and May 1 of each year. In the event that these days fall on a weekend, the deadline will be the following business day. Completed applications and supporting documentation must be received by DEED at or before 4 P.M. on either date to be considered for funding. You must submit a complete, original application and two (2) copies. An applicant may apply for more than one site, but an individual (separate) application must be completed for each site. (Note: If you are also applying for an MCRLF Loan, you must complete this application, which serves as Part 1 ofthe loan application. You must also complete Part 2, the MCRLF Loan Application.) GRANT ELIGIBLE COSTS: The Contamination Cleanup Grant can pay up to 75% ofthe cost of cleaning contamination defined under the MN Superfund (M.S. ~ 115B.02), as well as petroleum contamination. Types of petroleum costs that may be eligible under this program are cleanup of rail yards, scrap yards, bulk oil storage facilities, and under and above-ground storage tanks that are not eligible for the Minnesota Petrofund (see M.S. ~ 115C.Ol). (See the budget section of this application for examples of eligible and ineligible costs). Cleanup II FY06-07 GRANT FUNDING AVAILABILITY: The total legislative appropriation for this grant program for fiscal years 2006 and 2007 is $4,362,000 of general fund monies for the investigation and cleanup of Superfund contaminants and $12.4 million of Petro fund monies. Since the program runs on a semi-annual grant cycle, the monies will be divided among the four cycles run during the biennium. Up to $250,000 of this funding will be awarded per fiscal year for DEED's Investigation and RAP Development Grants. The legislature has designated that at least 25% of available funds be spent on remediating sites in Greater Minnesota unless sufficient applications are not received. This allows the grant program to assist with cleanup efforts statewide. ELIGIBLE GRANT APPLICANTS: Eligible applicants for this program are statutory or home rule charter cities, economic development authorities, housing and redevelopment authorities, counties, or port authorities. While these are the eligible applicants, the site can be either privately or publicly owned. GRANT ELIGIBLE QUALIFYING SITES: A site must meet each ofthe following criteria in order to qualify for a Contamination Cleanup Grant: 1) A grant may not be given to a municipality in the Twin Cities Metropolitan Area unless it is participating in the Metropolitan Council Local Housing Incentives Program. For information on the Local Housing Incentives Program, call Guy Peterson at the Metropolitan Council at (65l) 602-1418. 2) A site may not be scheduled for funding under the Federal Superfund Program (United States Code, title 42, section 9601 et seq.) or the Environmental Response and Liability Act (Minnesota Statutes SS 115B.01 to l15B.24) under the current or next fiscal year. 3) A site must contain contaminants, pollutants or hazardous substances as referenced in Minnesota Statutes S 115B.02 or petroleum that is not eligible for the Minnesota Petrofund. Asbestos abatement in buildings does not qualify under this grant program, unless it is part of demolition necessary for RAP implementation. 4) A site must have an appraised or assessed value after adjusting for the effect on the value due to contamination (pre-cleanup) that is: l) less than 75% of the estimated project costs (see definition of Project Cost) OR, 2) less than or equal to the estimated cleanup costs (see definition of Cleanup Cost) for the site AND the cleanup costs equal or exceed $3 per square foot for the site. 5) Finally, to qualify for this grant program, it is expected that the site will be improved with buildings or other improvements within a reasonable period of time, and that these buildings or improvements will provide a substantial increase in the property tax base or will be used for an important publicly owned or tax exempt facility. The final development of polluted sites may include, for example, commercial, industrial, office or housing development. Cleanup III FY 06 - 07 Housing developments should include an affordability component. There should either be affordable units on the site, or units committed by the developer to another site within the applicant's jurisdiction. Housing developments that do not include any affordable units (on- or off- site) may not be considered for funding under this program. "Affordability" is defmed using U.S. Housing and Urban Development and/or Metropolitan Council standards, determined by the municipality. REQUIRED APPRAISALS or ASSESSMENTS for GRANTS: 1) Attach an appraisal completed by a qualified independent appraiser licensed under chapter 82B using accepted appraisal methodology which shows the current market value (pre-cleanup) of the property, separately taking into account the effect of the contaminants on the market value. This value should include both the value of the land and, if applicable, any buildings on the Site. Along with the appraisal, please include the projected value after cleanup and development. OR 2) Submit the assessed value of the property for the latest year, as determined by the local assessor, shown on the most recent valuation notice used under Minnesota Statutes ~ 273.121. Along with the assessed value, please include the projected value after cleanup and development. Note: It is required that contamination be considered when assessing the value of the property. Please verify with the local assessor that the assessed value accounts for contamination. " REQUIRED CLEANUP BUDGET/SCHEDULE: You must submit a budget for cleaning the site and a time line for cleaning and redeveloping the site (both the budget and timeline are part of the following application). While the redevelopment of the site is considered in the application and must be identified in the timeline, grant funds can only be used toward site remediation. The budget page of this application should include only eligible remediation costs, which are the statutorily defined as "cleanup costs" and "project costs." Cleanup Costs: Includes the costs of developing and implementing a response action plan, but does not include implementation costs incurred before the award of a grant unless the application for the grant was submitted within 180 days after the response action plan was approved by the commissioner of the pollution control agency. Project Costs: Includes the cleanup costs for the site (see above definition), and the cost of related site acquisition, demolition of existing improvements, and installation of public improvements if necessary for the applicant to implement the response action plan. Cleanup IV FY 06 - 07 Examples of eligible and ineligible costs include: ELIGIBLE COSTS INELIGIBLE COSTS Investigation (if not already funded under a Project/Grant Administration DEED Investigation and RAP Development Grant) Cleanup Costs of appraisals or other application costs Public Acquisition and Relocation (if Private Acquisition and Relocation (if necessary to implement RAP) necessary only for redevelopment) Environmental Consulting fees necessary to Asbestos Abatement in Buildings implement the RAP Public Improvements (ifnecessary to Contingencies implement the RAP) Demolition (if necessary to implement the Demolition (if necessary only for RAP) redevelopment) Activities eligible for funding under or match requirements of another state cleanup program Costs at sites scheduled for Superfund funding Please note: you should take great care in estimating your cleanup budget. Grants are given to sites that will be cleaned and developed. If you find additional costs that you did not anticipate in the application budget, you will still be responsible for cleaning and developing the site. You may submit a second application for your cost overruns, but there is no guarantee that you will receive a second grant. At the same time, your budget should not be inflated but rather should be based on careful investigation and planning. GRANT LOCAL MATCH REQUIREMENT: It is required that the applicant or other local source pay for 25 percent of the proiect cost as a local match to obtain a cleanup grant. Of this local match, the applicant must pay an amount equal to 12 percent of the cleanup costs from the municipality's general fund, a property tax levy or other unrestricted money available to the municipality. The rest of the local match may be paid with tax increments, regional, state or federal money available for the redevelopment of brown fields (including money from the Metropolitan Council's Tax Base Revitalization Account for metro applicants) or any other money available to the municipality. If the applicant establishes a TIF district or hazardous substance subdistrict on the site to pay for part of the local match requirement, the district or subdistrict is not subject to the state aid reductions under M.S. S 273.1399. In order to qualify for the exemption from the state aid reductions, the municipality must elect, by resolution, on or before the request for certification is filed, that all tax increments for the district or subdistrict will be used exclusively to pay (1) project costs for the site and (2) administrative costs for the district or subdistrict. The district or subdistrict must be decertified when an amount of tax increments equal to no more than three times the costs of implementing the response action plan for the site and the Cleanup v L_ FY 06 - 07 administrative costs for the district or subdistrict have been received, after deducting the amount of the state grant. GRANT AWARD CRITERIA: Due to environmental contamination that has affected many communities throughout Minnesota, a large number of applicants apply for the contamination cleanup grants. The law allows DEED to make grants for sites that meet all the statutory requirements and for sites that provide the highest return in public benefits for the public costs incurred. In order to evaluate the applications for public benefits with respect to the costs incurred, the law specifies priorities which DEED must consider. The legislative priorities listed below have been assigned maximum point values in order to systematically award grants in each cycle: l) The potential increase in the property tax base of the local taxing jurisdictions relative to the fiscal needs of the jurisdictions, which will result from developments that will occur because of completion of the approved response actions. Maximum = 25 points. 2) The social value to the community that will result from cleaning up and redeveloping the site. Social value includes the project's time frame, the number of new jobs, the importance of the proposed facilities and the removal of blighting influences at the site, the readiness of the project, the development potential and the financial health of the project. Maximum = 65 points. 3) MPCA review of the reduction or elimination of potential threat to human health and the environment due to cleaning that site. Maximum = 25 points. 4) The likelihood that the site will be cleaned without use of government money in the reasonably foreseeable future. Maximum = 10 points. 5) The amount of cleanup costs for the site. Maximum = 10 points. 6) The amount and level of the commitment of municipal or other local resources to pay for the cleanup costs. Maximum = 10 points. Cleanup VI FY 06 - 07 1st National Bank Building 332 Minnesota Street, Suite E200 St. Paul, MN 55101.1351 Contamination Cleanup Grant Application and Part 1 of the Revolving Loan Application Cover Page Applicant (Public Entity): City of Chanhassen, Community Development Head of Applicant Agency: Mayor (ex. Mayor) Applicant Address: : 7700 Market Blvd. PO Box 147 City: _ Chanhassen Zip Code: 55317 Project Contact Person for Public Entity: Ms. Kate Aanenson Phone: 952-227-1100 E-mail: kaanensonCiiJl:i.chanhassen.mn.us Mailing Address: 7700 Market Blvd. PO Box 147 Application Author/Preparer: James S. Aiken Phone: 952-346-3854 E-rnail~aiken~ccainassociate~com Mailing Address: _434 Second Street, Excelsior, MN 55331 Cleanup FY06-07 I. SITE IDENTIFICATION AND HISTORY SITE INFORMATION 1. Name of Site: Moon Valley Gun Range Site Address: 100 Flying Cloud Dr. City, County or Township: Chanhassen Zip Code: 55318 Acreage of Site: 39.8 Sq. Ft. of Site: 1.733.688 Minnesota Legislative District # _34_(Ortmann)_A _34_(Hoppe) B (Note: The Minnesota Legislature has a tool to look up legislative district numbers. You must have a precise address and know the zip code of the site. Go to: htt?://maps.commissions.leg.state.mn. us/website/ districtsL) 2. Current property owner(s): Beatrice Zwiers When was the property purchased? 1986 For what amount? $425,000_ Who will develop the site? Pemtom Land Company When was/will the property be purchased? 2008 Planned price including option payments is $6M For what amount? Who will own the project site after development? Individual homeowners When was/will the property be purchased? _2008-2010 For what amount? Purchase price dependent on unit - for 225 units on Site with average of $21 0,000 per unit, purchase price will be $210K x 225 = $47.25 million. 3. Provide a legal description ofthe site. Government Lot 1, excluding 5.95 acres south of northerly right of way for Highway 212/169 in Section 36, Township 116N, Range 23 West, Carver County. SITE VALUATION: ASSESSMENT OR APPRAISAL 4. If you are applying for cleanup grant funds you may submit either assessed value information or an appraisal. If you are applying for a revolving loan, you must submit an appraisal and may not submit assessor's information in place of an appraisal. Attach an appraisal completed by a qualified independent appraiser licensed under chapter 82B using accepted appraisal methodology which shows the current market value (pre- cleanup) of the property, separately taking into account the effect of the contaminants on the market value. This value should include both the value of the land and, if applicable, any Cleanup 2 FY 06 - 07 buildings on the Site. Along with the appraisal, please include the projected value after cleanup and development. OR Submit the assessed value of the property for the latest year, as determined by the local assessor, shown on the most recent valuation notice used under Minnesota Statutes S 273.121. Along with the assessed value, please include the projected value after cleanup and development. Note: It is required that contamination be considered when assessing the value of the property. Please verify with the local assessor that the assessed value accounts for contamination. Please see Attachment A MAPS AND SITE FEATURES 5. Attach an accurate and legible site and location map showing locations of prominent and relevant site features such as buildings, retaining walls, etc. (NOTE: maps shall include property boundaries, a north arrow and bar scale). The map(s) should show the following: a) The current condition of the site including labeled structures; b) The proposed development of the site including labeled structures; and c) The location( s) of contamination. Adding photographs is helpful. Please see Attachment B CURRENT AND FUTURE SITE USE 6. Zoning/Land Use: A. Current: Industrial Mixed-use Commercial Residential Other (Specify) Agricultural (pre-existing use) B. After Cleanup: Industrial Commercial Mixed-use Other (Specify) Residential X 7. Current economic condition: Vacant lot_ x_Developed site Other Gravel mine and Gun Range 8. How many buildings are currently on site? Industrial How many are occupied? Ifvacant, for how long? Commercial_1_ How many are occupied? _0_ Ifvacant, for how long? 5 yrs Residential_O_ How many are occupied? _0_ Ifvacant, for how long? 9 . Year building( s) was/were built: 1990 10. Please describe the condition of the buildings on the site? Only building is the scale house Cleanup 3 FY06-07 for the mine. Condition is fair, but currently does not have electric or water service. ll. Is demolition required for RAP implementation? No Is demolition addressed in the RAP? Yes; However demolition was not included in costs because it is not related to the lead contamination issue. 12. Please describe how site redevelopment will spur adjacent development? In addition to the old gravel mine and firing range, other area land uses include a junk yard, cold storage facilities and several abandoned and vacant properties. The City of Chanhassen has targeted this area for future development in its comprehensive plan. There are currently three main obstacles to development in the area. These are 1.) the lack of a local residential base to provide customer traffic necessary to support business. 2.) The current shabby industrial character of the area; and 3.) Lack of basic infrastructure to support development. This project will spur adjacent development in at least three ways: 1. By removing blight - The site is currently a dilapidated eyesore of bullet-riddled targets, ramshackle buildings, and massive erosion of the unstable slopes. This project will add scenic value and connect trails and existing green space. The unique balance of residential area with integrated green space will enhance the character of the area and make it more desirable in attracting business, jobs, and increasing property values. 2. By providing residential base to support commercial ventures in the area - Given the natural beauty of the river bluff area, existing land use has historically been remarkably underutilized. The residential development will add (not just displace) much needed consumer traffic needed to attract high value business and jobs. The project will also help to in-fill development around what is currently a "drive by" area between Eden Prairie and Shakopee/Chaska. 3. By providing the momentum necessary to complete extensions of infrastructure (sewer and water) necessary to spawn additional development. These will allow the creation of more jobs and improve tax base for Chanhassen and surrounding communities of Eden Prairie, Shakopee, and Chaska. SITE HISTORY 13. Please attach a brief synopsis on the history and general background ofthis site. This includes but is not limited to former uses of the site, known and/or suspected causes of contamination, etc. Also describe the current condition of the site and include a description of existing structures and existing occupants of the site. See Attachment C Cleanup 4 FY06-07 II. CONTAMINATION 14. Is applicant enrolled in an MPCA Program? VIC Prog. I.D. 19420 VPIC Prog. I.D. LUST Prog. I.D. Other. VIC Project Manager_Sarappo Phone: 651-296-7297 VPIC Proj. Manager Phone: LUST Proj. Manager Phone: 15. Name(s) of current environmental consultant Consultant Company: Consultant Name: McCain .and Associates, Inc. Jim Aiken, P.G. Phone:_952-346-3854 16. What contaminants have been identified at the site? Antimony, Arsenic, Copper, Lead, PAHs 17. To qualify for cleanup funding, you must attach a copy ofthe approved RAP and final approval of your Response Action Plan from the Minnesota Pollution Control Agency. See Attachment D 18. Summary of Contamination Information: A. Provide a concise description of the identified contamination and proposed RAP. The description should include the occurrence of the contamination (i.e., are there distinct areas of contamination or is contamination widely disseminated across the site? Is the contamination at the surface or at depth?). The residential threshold for lead is 300 ppm. High concentrations of lead (over 1000 ppm) are located in three backstop berms that received small arms fire on the firing ranges. Elevated lead concentrations (above 300 ppm) are present at the ground surface and at a depth of up to 1 foot in isolated areas of the firing ranges. Lead shotgun pellets are widely spread across the surface of the lower trap range floor and are visible on the ground surface in isolated areas on the upper trap range. B. Complete the following table for soil contamination (be sure to include areas of contamination that have been identified at the site but will not be treated or removed as part of the approved RAP): Cleanup 5 FY 06 - 07 General contaminant Total volume of Total volume of Remedy RAP Cleanup Goal type (i.e., DRO, identified identified contamin- (i.e., residential VOCs, metals, etc.) contaminated soil ated soil to be SRVs, industrial (cyds) remediated ( cyds) SRVs, etc.) Metals (Pb, Cu, 3,200 3200 Landfill (as Residential SRVs Sb, As) appropriate) Excavation! disp osal with or without stabilization PAHs 100 300 Exc./disposal Residential SR V C. Complete the following table for groundwater contamination. If no or limited groundwater investigation has been conducted, indicate this. Also indicate if a groundwater investigation was conducted but no contamination was detected. General contaminant Affected aquifer (i.e., Approximate dimensions of Remedy type (i.e., DRO, VOCs, vvatertable,deeper contaminant plume on-site. metals, etc. aquifers) Specify if the plume extends off-site. Not Applicable D. List all compounds comprising the identified release in soil and the corresponding average and maximum concentration for each compound. Also include petroleum in the Cleanup 6 FY06-07 table. If distinct areas of contamination are present at the site, please describe separately. (NOTE: It is acceptable to provide an overview with estimated average and maximum concentrations if the amount of analytical data is overwhelming.) (Note: for PAHs, please provide individual compound concentrations or Benzo(a)pyrene equivalent concentrations for the carcinogenic P AH compounds.) Compound Tier I Average Maximum SRV (residential) Concentration Concentration Lead 300 ppm 500 (in 110,000 samples where detected) Arsenic 5ppm 10 20 Copper II ppm 2600 14000 P AHs (BaP equivalent) 2ppm 2.5 27 Antimony 12 ppm 600 l800 E. Please do the same as in D. for groundwater. Compound HRL Average Maximum Concentration Concentration Not Applicable F. If groundwater at the site is contaminated, note the geologic makeup ofthe affected aquifer (sand/gravel, till, lacustrine clay, etc.), and the estimated average linear velocity (be sure to indicate how this number was determined). Not Applicable G. Briefly describe possible exposure scenarios posed by identified contamination at the site (i.e., ingestion or human contact with contaminated soil, consumption of contaminated groundwater, ecological impacts, etc.), and nearby receptors that could be affected by contaminants migrating from site (high value wetland/creeks/ rivers, etc.). Cleanup 7 FY 06 - 07 The primary exposure scenario is ingestion, inhalation, and direct dermal contact by humans contact with soiL There is also a potential worker exposure scenario by inhalation of dust during excavation or mining or construction grading. A secondary ecological pathway exists if contaminated sediment particles were to be carried off of the site to the Minnesota River Valley and ingested by aquatic organisms, or waterfowl. III. COST ANALYSIS INVESTIGATION, CLEANUP AND PROJECT COST BUDGET 19. What is the total of all investigation, cleanup and project costs for the site? $_264,500 20. How much grant funding are you requesting from DEED (cannot be more than 75% ofthe cost listed in the question above) $_50,000 2l. Please fill out the following budget table to identify the investigation costs, cleanup costs and project costs for the site as defined in the instruction section of this application. Attach additional sheets if necessary. BUDGET Eligible Activities for Investigation and RAP Development % Complete Date(s) Completed Total Cost Prelim Invest/Phase I/Phase L Work Plan 100 Phase II Investt 'iltion VRAP Development and Work Plan 100 10/2004 9/2005 $62,500 Eligible Activities for Soil & Groundwater Cleanup % Complete Date(s) Completed Total Cost Soil Excavation and Remediation Construction oversight and surve in 50 November 3D, 2006 November 3D, 2006 45 Cleanup 8 FY06-07 ConI. Sampling and Im iementation Re ort 35 December 31, 2006 Other Project Activities Necessary to Implement the RAP % Complete Date(s) Completed Total Cost 22. What is the breakdown of sources for the above budget? Amount Source $_214,500_ Beatrice Zwiers $_$37,500_ DEED Grant $_$12,500_ _City ofChanhassen ($6,500 from general fund; $6,000 via TBRA Met Council Matching Grant) $ $_$264,500 TOTAL (should equal Total in line E) *(12% of the above cleanup costs in line C must be unrestricted funds; See page V) 23. If any of the activities listed above are partially or fully completed, how were those activities financed? If work has occurred, please submit the invoices for which you will be seeking reimbursement. Owner financed. See Attachment E. 24. If you are requesting acquisition costs and the amount for acquisition is different from the appraised or assessed value, please explain why there is a difference. NA ADDITIONAL FUNDING SOURCES 25. Please indicate below whether you have received or applied for all funds available to you from other funding sources. If you have received or applied for funds, please list the amount of funds received or applied for and the date(s) received or applied. Cleanup 9 FY 06 - 07 26. Are any costs listed in the budget eligible for funding from other funding sources, such as the Petrofund or another funding source? Source Received or applied Amount( s) received Date( s) received for all funds or applied for? or applied? available (Y or N)? Met Council Yes - Applied for $6,000 for matching November 1, TBRA portion of DEED 2006 grant Hennepin or Ramsey No - Site is located County ERF, Loan, or in Carver County. Assessment money PetroFund No - Not a Petroleum site ACCRA No - Not eligible MPCA Funding No - Not eligible EPA No - Not eligible Other (Specify) NA COST RECOVERY 27. Has the site been identified as a state or federal Superfund site? _ Yes x No 28. Has the party responsible for the contamination been identified? Yes If so, who is the responsible party (RP)? Walter Griepentrog (deceased) Is there any financial commitment by the RP to pay for some or all of the cleanup? _ Yes _X No. Please describe: The previous owner andloperators are either deceased, whereabouts unknown, or do not have resources to support the clean up. Does the RP have avaiiable resources to pay for the cleanup? Explain: See above. The property owner did not cause the release but has volunteered to initiate clean up. 29. Is a Cost Recovery Plan to recover costs from responsible parties in place? No If so, attach the plan and amount of costs to be recovered. Has consent of the Attorney General been attained for the Cost Recovery Plan? (NOTE: It is not required that you have a plan to recover costs from the party responsible for the contamination. However, if you are planning on recovering your costs from the responsible party, attach information on the process. If this application receives funding under this program, the consent of the Attorney General must be obtained before costs are recovered. See M.S. S 116J.557 for further details on the distribution of funds recovered.) Cleanup 10 FY06-07 FINANCIAL INFORMATION AND ALTERNATIVE FINANCING 30. Please submit a copy of the applicant's most current audit, or financial statement if an audit is not available. 3l. Is there a possibility that the site will be cleaned up without DEED money? _ Yes _x _ No Explain your above yes or no answer: The development financing is running out and the owner may not be able to complete the clean up without DEED assistance. Local rules and physical limitations of building on the bluff, limits the amount of available land. Current market conditions and lack of infrastructure creates risk for developers and steep costs of entry. Therefore, if the development plan falls through due to a lack of funding, the owner will likely need to consider alternatives including reverting to use as a gun range and/or gravel mining. IV. DEVELOPMENT PLAN AFTER CLEANUP 32. What is the Development Plan for the site after implementation of the RAP? (Number of housing units, square footage of buildings and how many, etc.) Of the 39.8 acres on the Site, approximately 15 acres will be developedfor residential use consisting of about 225 high-density condominiums or town homes. The remaining 24.8 acres will be reserved as open space and protected scenic bluff under City Ordinance. The majority of the development costs will include excavation of over 1 million cubic yards of soil. The need for excavation is partly related to conformance with bluff ordinance and partly to the available slope for building. Both of these factors along with the environmental aspects present significant barriers to development and therefore the margin for profit is slim. It is believed that the DEED grant will help to create a more practical economic basis for the development to proceed. 33. What is the estimated cost of the redevelopments (construction costs not including the cleanup costs)? $_30 to 35 million Of these how much is public? $ private? $ 30 to 35 million 34. If the site will be redeveloped for residential use, provide the following data: RENTAL: Total number of units Monthly rental cost per unit $ Number of affordable units* Cleanup 11 FY06-07 Construction cost per unit $ OWNER OCCUPIED: Total number of units 225 Purchase price per unit $ 220,000 Number of affordable units/homes* 34 Construction cost per unit $ $180,000 * Housing developments should include an affordability component per instructions on Page IV. 35. If affordable units will not be constructed on-site as part of this development, will the developer be contributing to off-site affordable units? If so, how many? Where in the applicant's jurisdiction will they be located? PROPERTY TAXES 36. What are the property taxes on the site for the current year (prior to cleanup)? $19,992 37. What is the projected property tax on the site after cleanup (before redevelopment)? Refer to the local taxing jurisdiction's tax capacity value. $19,992 (clean up will have no immediate impact on land valuation). 38. What is the projected property tax on the site after redevelopment? $ see below A. How were the figures in Questions 43 and 44 determined? County Tax Appraiser _ B. Who determined them? According to the Carver County Auditor's Office (952)-361-1960 estimated that the 2004 property tax on a $220,000 homesteaded property located at the Site would be $3080 per unit. Assuming that there would be 225 units on site, the tax would be $693,000. The increase in property tax revenue would be about $675,000 per year. For the entire project, the property tax revenue would be $1,155,000. JOB CREATION & RETENTION 39. Project the number of new jobs created after cleanup and development of the site. (Jobs that did not exist in Minnesota prior to development) Total New Jobs: 18 FTEs Cleanup 12 FY06-07 NEW JOBS TABLE Position Title Total # of Total # of Part- Annual Wage Expected Full-Time Time Jobs per Job Hiring Date Jobs Retail/Office 3 9 40,000 2009 Medical Office 1 3 60,000 2009 Bank 1 3 45,000 2009 Gas/Convenience 1 3 35,000 2009 Fast Food 1 4 35,000 2009 40. Project the number of retained jobs after cleanup and development of the site. (Jobs that existed either on-site or elsewhere in Minnesota prior to development) Total Retained Jobs: _Not Applicable FTEs RETAINED JOBS TABLE Position Title Total # of Total # of Part- Annual Wage Former Full-Time Time Jobs per Job Location of Jobs Retained Jobs Not Applicable No local businesses will move to the Site, however, specific businesses currently within 1 mile would enjoy immediate benefit from the development include: Lions Tap Family Restaurant - Flying Cloud Drive, Eden Prairie Halla Nursery -10,000 Great Plains Blvd, Chanhassen Cleanup 13 FY 06 - 07 Halla Golf Course - Pioneer Trail and 101 Golf Zone - 825 Flying Cloud Drive, Chanhassen Green Gardens Landscaping - 826 Flying Cloud Dr. Nearby commercial districts likely to also see business from the Site: Eden Prairie Chanhassen Shakopee Chaska Cleanup 14 "l -<: o 0- , o --l "'cj ~ o ~ t'!'j (j ~ 00 (j = t'!'j ~ ~ ~ t'!'j +::. - Vl 0 "t:I i:l" >-T) (3 o ~-< ~ ~ _. - ,. 0.. o..Vl(1) ~. """". i:l ..... ~ (')~o.. -. 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"TI ~ 3: >< ~ )> >< 3: -< >< m >< c..~ >< >< ~ h) >< c..0 0 >< >< ~- 0) >< >< )>1 ~ >< ~ en >< >< >< ~ 0 >< >< >< ~ z >< >< >< >< c >< c.. >< >< >< "TI ~ 3: ~ )> >< 3:-< >< >< m c..)> >< :::0 >< h) >< c..o 0 >< ...... >< )> >< en >< ~ 0 >< z >< v V C v (") <> ., ::> .g - Vl ~ <:> 0-. o <:> -.l ("")("") Q - = ~ f'-l = :t= ="t:l ~ ~("") Q Q = a ("")'a Q ~ a ~ "t:l Q -= ~ Q", ~~ Q .... = ~ Q", ~ ~ I IZ >Q = ~ (J'Q ~ = a f'-l C" ....... ~ "",,"""l IN ti: =... =N oc= I = ~ I (") <> ~ .@ ,..... 0\ FY 06 - 07 THIRD PARTY/COMPANY COMMITMENT INFORMATION 42. If there is a commitment from a third party to develop on the site after cleanup, please complete the following: Third Party/Company Name: Pemtom Land Company Contact Person: Mr. Dan Herbst Title: President Phone Number (include area code): 952-937-0716 43. Do you have an executed development agreement? Yes 44. Please attach a commitment letter from the developer or other commitment documentation. (If you cannot obtain a commitment letter from the developer, please explain.) See Attachment F v. PAYMENT INFORMATION 45. Payment Information Contact Person: Ms. Kate Aanenson Mailing Address: 952-227-1100 7700 Market Blvd PO Box 147 Chanhassen MN 55317 kaanenson(ii)t:i.chanhassen.mn. us Telephone Number (include area code): 952-227-1100 Fax Number (include area code): 952-227-1110 State of Minnesota Vendor Number: Minnesota Identification Number: 9390134 Federal Employer Identification Number: : 41-885331 Cleanup 17 FY06-07 VI. RESOLUTIONS 46. Resolutions are required to be adopted prior to submission of the application package. The two required elements are: 1. A resolution from the governing body of the city where the project site is located, which approves the application. 2. A resolution from the applicant committing the local match and authorizing contract signatures. Note: Pursuant to M.S. S 412.20l, Statutory Cities must authorize the Mayor and Clerk to execute all contracts. An applicant may either provide a separate resolution for each of the above, or combine them into a single resolution, as long as they include the same elements. See Attachment G Blank resolutions are included for your convenience. You may choose to reformat or combine them, but make sure to include all of the statements that appear in our examples. RESOLUTION # 1 - City Approving the Application BE IT RESOLVED that the city of has approved the City where site is located Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on , by Date Applicant for the site. Site name I certify that the above resolution was adopted by the city council on Date Signed: Authorized Official Title: Date: Witnessed by: Title: Date: Cleanup 18 FY06-07 RESOLUTION # 2 - Committing Local Match and Authorizing Contract Signature BE IT RESOLVED that act as the legal sponsor for project(s) (Applicant) contained in the Contamination Cleanup Grant Program to be submitted on (Day/Mo/Yr) is hereby authorized to apply to the Department of and that (Title of Authorized Official) Employment and Economic Development for funding of this project on behalf of (Applicant) has the legal authority to BE IT FURTHER RESOLVED that (Applicant) apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that has not violated any (Applicant) . Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, may enter into an agreement with the State of (Applicant) Minnesota for the above-referenced project(s), and that (Applicant) certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. NOW, THEREFORE BE IT FINALLY RESOLVED that is hereby authorized to execute such agreements as are (Title of Authorized Official) necessary to implement the project(s) on behalf of the applicant. Note: Do not include the proper name, only the title o/the official. Pursuant to M.S. ~ 412.201, Statutory Cities must authorize both the Mayor and Clerk to execute all contracts. Cleanup 19 FY06-07 I CERTIFY THAT the above resolution was adopted by the ~ 00 Applicant (City Council, County Board, etc.) Date SIGNED: WITNESSED: (Authorized Official) (Signature) (Title) (Date) (Title) (Date) Cleanup 20 Attachment A Current Tax and Valuation Data Carver County http://www.co.carver.rnn.us/carvercountyrecap/RecapBill.aspx?T ax Y... Parcel Number 25.0360200 Year: 2006 Property Address 1 00 FLYING CLOUD DR CHASKA Tax Roll Type: REAL ESTATE Jurisdiction: CHANHASSEN CITY School District: SCHOOL DISTRICT 0112 Identification Information 9390 267TH ST LAKEVILLE MN 55044-7890 legal Description GOVT LOT 1 EXC: 5.95 AC LYING S OF NLY R-O-W OF HWY 169/212 Section: 36 Township: 116 Range: 023 Real Estate and Personal Property Taxes are determined using the previous year assessment value. Mobile Home Taxes are determined the current assessment value. Property Classification: AGRICULTURAL COMM LAND & SLOGS Paid To Date Est. Market Value - Land Est. Market Value - Total Taxable Market Total $723,700.00 Special Assessments: $818,000.00 RECYCLE MGT $773,000.00 Total Tax/Asmts. Installments Due Date Taxes/Assessments 1 st Half 5/15/2006 Taxes/Assessments 2nd Half 11/15/2006 **Additional reductions in taxable value may apply due to special tax deferrals, This Old House, Plat Laws, etc. Yiew Pt'in'tableTaR S1:atet'nent GlID 1 "f' 1 1 (\ In II') Af\C. "".1 1 nlt K Attachment B Maps and Drawings Figure i-Site Location Map Figure 2- Existing Conditions and Site Features Figure 3-Extent of Contamination Figure 4 - Development Plans Figure 5 -Current Zoning Figure 6 - Planned Use Figure 7 - Photograph of Lead Contamination '0 X E <.i o --' .!'J ~ o .... o (!) --' ::; .l!J " Q) "e- o.. ~I iiJ 9 a.: Legend .---1 Approximate L___, Property Boundary D City Limits . Source: Carver County Aerial Photograph Farm Services Agency, 2003. o 1000 1.1.1 I I I I Scale in Feet 2000 I { Figure 1 SITE LOCATION MAP Moon Valley Gun Range Chanhassen, MN :;; 0- " <D N ("j '" <> <> ~ ~ '0 !!i '5 '" Q) 0:: Q) 0. ~ ~ 0> u: U; 0> u: '" o 0. &. Base map and countrours provided by Martinez Corporation. Aerial photography 2005 . Surface Sample Location X Duplicate Sample Location .A Intermediate Sample Location Sample Name 5 Pellet Count 43 Soil Lead Concentration (ppm) Approximate extent of lead-affected soil t FIGURE 'J z.. . S:~\Co.T'N' SOH... t"O"'~'i'UN~ Soil Sample Locations and Results Summary Moon Valley Range Chanhassen, Minnesota ~McC · 434 2nd street aln Excelsior, MN 55331 ph 952-346-3900 and Associates,lnc. Ix 952-346-3901 Q) '" '" .c 0- ~ 9 o ..,. <> ~ :;; <( > ~ t5 " 'CS 9; iL o 50 100 150 1,1, I, I, I, I I SCALE IN FEET Base map and countrours provided by Martinez Corporation. Aerial photography 2005 Hatched I circled areas show estimated extent of lead-affected soil with greater than 400 ppm lead. f ~ M C . 434 2nd Street C a I n Excelsior, MN 55331 ph 952-346-3900 and Associates,lnc. Ix 952-346-3901 FIGURE3 . o 50 100 150 300 Proposed Excavation Areas and Confirmation I I I I I I I I I I I I I I Sampling Locations Moon Valley Gun Range SCALE IN FEET Chanhassen, Minnesota P:\Projects\MVA\MVA 0401\DWG\Phase II Report Figs\Fig9-Excavation areas.dwg, 04/28/2006 04:30:26 PM P,~A.\,IoIYA.040l\GnlM<IJ)ew:I"""","",~.1lI/ll'lIllIB4114:S7:27PM.~IIsl:lI... ~~~; ~;~~ ~~~~ ~~~~ ~;~~ ~~~; 6g~z g~~~ ~~~.~ li"~, 10 ~~ ...~!-< ~~~~ ~~~~ ~~U ~~~i ~~~~ ~~m ~~a ~~~ ~n ~h OlD." ~o~ ~i~ i~~ aO~ "m ~h in ~~~ ~g~ Z~i!i ~~~ :H h* ~~i!j -i~o ~m. ~g~ ~I o~ 3: o G) - r r m 0' "e ~" I ~..~ , ~~ ~~ ~m ~~ s~ ~ ~~ ~~ ffl~ ~~z~ ~~ ! .- .. 'F . 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District :~~-=~~J ft2 - Agricultural Preservation District _ CBD - Central Business District _ BH - Highway and Business District BG - General Business District SF - Fringe Business District BN - Neighborhood Business District lOP - Industrial Office Park District 01 - Office & Industrial District NE - Natural Environment Lake RD - Recreational Development Lake cz ~~.f~,i,~ ,- .t \. 1 Figure 5 Current Zoning Map City of Chanhassen City of Chanhassen 2020 Land Use Plan ~ Residential-Large Lot 1S:$S (2.5 Acre minumum 1/10 acre outside of MOSA) Residential ..Low Density (Net Dens~ Range 1.2 .. 4 u/ Acre) lZ2.l Residential - Medium Density (Net Densa.. RaIVlA 4 - 8 u/Acre) _ Reside.mai'!. HigilDensity (Net Density Range 8.. 16 u/ Acre) lIill] Commerical [IT] Office/Industrial ~ Office _ Parks/Open Space _ Public/Semi-Public Ai' - Mixed Use raJD. D Be - 1 Bluff creek Primary OVerlay District 1 [; CJ Be - 2 Bluff Creek Secondary OVerlay District 2 ~ !y,l p,9,~J~ l__ Figure 6 Planned Land Use City of Chanhassen Attachment C Site History Summary and Photographs Attachment C Historical Summary Moon Valley Mine and Range Property Chanhassen, Minnesota The Property is currently owned by Ms. Beatrice Zwiers and Moon Valley Aggregates (MY A) a company started by her and her late husband, Mr. Tom Zwiers. Zwiers purchased the Property from Walter Griepentrog in the early to mid-1980s. Mr. Griepentrog had owned the property since at least 1978. According to the current owner (Zwiers), the Griepentrog family lived in the now abandoned house near the parking lot until about 1990. Walter Griepentrog passed away in 1998. Contact with remaining living members of the Griepentrog family indicated that they were of limited means and did not comprehend the potential for environmental liability at the Property. Prior to 1965, the Property was used as ski hill dating back to at least the early 1950s. The Property was one of the first ski hills in the metro area to feature a mechanized rope tow. The rope tow is visible as a linear feature on'theaerial photographs to the northwest of the abandoned house near the parking area and driveway. Based on aerial photographs of the Property, the current positions of the pistol, rifle, and trap range are first evident in about 1965. Accordmg to the owner, the trap range firing line was located approximately 100 feet to the southwest of its current location. The trap range is just east ofthe tow rope house and historically has consisted of up to 11 single-station throwers. The pistol and rifle ranges are located east of the abandoned house. An employee at the gun range who said that he worked at the Property since 1981 said that he believed shooting started on the Property in 1930. As far as he could remember or had understood from others, the locations of each range had not changed significantly. The lease operator of the gun range was Rick Weckman. Mr. Weclanan became critically ill in 2004 and has not yet been interviewed. No previous recycling or clean up activities have been documented for the gun ranges. Gun range and gravel mine employees indicated that the property owner and several others had conducted small-scale recovery ofbu1lets from the back stop berms in the past. Mining of the sand and gravel deposits at the Property began in about the 1940s. The first areas miried include the pits to the east and west of the parking area immediately adjacent to Flying Cloud Drive. The western pit slowly expanded until about 1989. After 1989, a major period of gravel mining began and over the next few years, a large quantity of sand and gravel was apparently removed from the Property. The mining activities did not affect the area of the pistol and rifle ranges. However, large portions of the surface material located within the assumed shotfall zone of the trap range were Attachment C (continued) Page 2 MVA Grant Application apparently mined in the early 1990s. Reclamation of the mined areas was performed by filling with screened (sand) materials, stripped topsoil and other stockpiled materials. Because MY A also operated a trucking firm that hauled the aggregate materials, they have indicated that they have direct knowledge that the sand and gravel was used in a variety of road projects and was not used as fill for playgrounds, topsoil, or other use that may have put it in direct contact with the public. In about 1996, the City of Chanhassen approved an interim grading plan and comprehensive plan guidance to facilitate future residential development of the property. In 2001, Pemtom Land Company (PLC) acquired an option on the property now known as the Settler's West Subdivision including Outlot G and a tract of land located west of the Property and west of the Hennepin County Regional Trail. PLC initiated extensive engineering and hydrologic studies of all the property owned by MY A so that it could be included in a future development plan. In 2003, a contractor was allowed to remove sand and gravel from the upper eastern slope ofthe mine for road bed material. The contractor extracted gravel beyond the allowed limits of the mine resulting in encroachment into Outlot G to the edge of the proposed Settler's West Subdivision, and non-compliant (vertical face) slopes. In 2004, Pemtom Land Company conducted a Phase I ESA of several properties surrounding the Property and commissioned a soil investigation of the cul-du-sac area located nearest to the shooting ranges. The City of Chanhassen planning commission recommended approval of a revised interim grading plan and conditional use permit for the Property. A condition of that approval required the completion of a Phase I ESA for the Property and specifically to address the lead issues. After completion ofa preliminary Site Investigation, and a Phase I ESA, the project was emolled in the VIC program with an endpoint goal of a limited No Further Action letter including the lead soil. The limited NF A was focused on lead in soil, but not groundwater issues due to limited leaching potential of lead in soil. A Phase II Site Investigation was conducted in 2005 that included extensive soil sampling and soil borings. The Phase II found significant concentrations of antimony, arsenic, copper, and lead in the gun rang berms and within isolated portions of the trap range. The Phase II report was submitted in October 2005, and included a Voluntary Response Action Plan (VRAP). The VRAP called for demolition of buildings and excavation of soils in each of the' gun ranges. Soils that are too contaminated to be disposed in a landfill will be stabilized on-site and transported to a permitted disposal facility. The VRAP was approved on June 16,2006. I L Attachment C (continued) Page 3 MV A Grant Application The VRA began in September 2006 and has consisted of screening lead for recycling from the berm soils and staging several stockpiles for preliminary TCLP testing. Weare currently awaiting the [mal results of TCLP testing to begin the final stage of work at the Property which will include stabilization of lead-contaminated soils and transport to a solid waste facility. Preliminary results indicate that the quantity of soil that will require stabilization will be about $40,000 more than was anticipated based on the Phase II test results. This has created an additional financial burden for Ms. Zwiers, in addition to the already significant strain of financing the previous parts of the project. 2002 Air Photo with property lines shown in white. ~"'c _II" ,.....~ ..:...... ~ .__==.i ~ IIiliI!IlI _.11' r.:i IE .." -.& _ II ..... l1li ...' .. ..., ....' .V '...' - iI!!I. .' . II' I _Ii II .'."11 .. '. .. . . "">" II .. _.11'. . II ",.)~":-;" . II ..JI_I ! II _ !4' ..' ~ o<,:;:;X:".'~4,'''~' .. iii " . 1llI I , . '.i? N~'~ , .. - II II ~E ~ '<"~34,~, ~.~j~ .~.,: ". . II II' - III . ..' .........: .... .,-,,,.,x. "-" atlliIl- ;,,1' '>'C0~~;1'; . ~~~, . '....,_ _..,...r.... ..N. .,.. ';:"'4lii..... "'."...../<. ". ...'11 ~.III ?lI'<~,:.;;.:_'...... .. ," .' ~ .......-.:... ::1-,.... 1~ .. : .. ".'.' , .... '. ..11.......... .1 _. II.I.I..._.~..".I .-.11 , ',.. C" '....... III..... !IIII'.ilI1I. ill "~' . '.... ,:', <;.111....., -:"If. ... .....1'] II ~ . .-_ .. ,....:. IliilI .. ... ii. ..... . ... ... II I. -.~.~ ;.~_. ,. .;~. IIll · " JJI-'. " '. rt........ : III!! _.0."',.0..... ~ -/ '0 .... .....~":'..:-,)I... ~'III' .. -.,. '1Ii: II' 1\1 .' ./ '.' ru.1 ?;r,......~...... · .)".II"IIi' ..I., .. ..f..._....:....... ' '. . ,Y{.>.j~.._.,.1I ... -II ,,~. '.;;,.....;; '" " __ IIiI III,.. IIiiil .',JIlII -....., t. '-.' <' '''-''II'' .... ....... .. - .# - ,-;: -'':.1. lIiiI ......,' . n:::: -'1IIil_ -'l.,.. , " 1I/:lI" p,J F'1II - "', IB" IIII!!III'. . -- rill II _I_ ..illll .. II - !I'll" , .... III . I: .. " ",.,;;.- III II" 1Ii- I IIiII . "!':::lI III I iii II II II ,. II. I Ii III~~" i.;.~ \. ::I:~~if~:f-.. ..'~.~ ...!. :::::;,;~";:'"j' ~;, ~~. Visible lead (and non-toxic) shot on edge of property on boundary with Outlot G. Area of Outlot G with Pellets observed - Approximately 1 to 20 pellets per square foot. View of Moon Valley property - view to southwest from Outlot G. Trap range firing line and scale house visible at base of hilL View to south from Outlot G.. View to west from Outlot G near edge of mine property. View of approximate boundary between mine property and Outlot G -looking west from Outlot G. Shell casings near pistol range. Trailer storage and minor fugitive dumping in old east pit near entrance. Old tank, more debris in old east pit lot. Abandoned trailer near parking area. Debris on northwest comer of old house (a.k.a. 'chalet'). Water is from flowing well located under debris. View to southeast from trap range showing the gun range office (left) and the old chalet house (right). Approximately 6" diameter well located southwest oftrap range and north of scale house. Pole-mounted transformer at trap range. Scale house - view to northeast. Semi trailer and 250 gallon AST - view to south from scale house. Upper mine slope 1 - view to southeast. Upper mine slope 2 - view to northeast. Upper mine slope 3 - view to north. Upper mine slope 4 - view to north/northeast. Vertical face is approximately 40' high. Upper mine slope 5 - view to northwest. Upper mine slope 6 - view to west/northwest. Upper mine slope 7 - view to west. Backstop berm - 100 yard rifle target. 100 yard rifle target showing forestop and side berms. Close-up of backstop berm for 50 yard target. Pen is pointing to a lead slug at soil surface. 50 yard target at rifle range. View of pistol target from firing line. Trap range looking northwest. A target thrower is in foreground. Bright colored area in background is broken target drop zone. ".. Trap range view to north. Note; this is an "ad hoc" range with no regulation competition shooting stations. Top of hill on trap range looking north. Pen at right is pointing to stressed vegetation and soil with more than 1 00 pellets per ft2. Area in background is the maximum shotfall accumulation zone. Note that this area was mined in the early 1990s, creating the gully or ravine in the middle of the photo. Lead shot on ground at top of trap range. Back edge of trap range looking to the south at the firing line. Attachment D RAP Approval Letter from MPCA -~- ~,,~ Minnesota Pollution Control Agency ~ .....4Y'" ......:r --w.-- June 16,2006 Mr. Dan Zwiers Moon Valley Aggregates 11111 Deuce Avenue Elko, MN 55020 RE: Moon Valley/Outlot G Site 100 Flying Cloud Drive, Chaska MPCA Project Number VP 19420 Conditiorial Approval of Response Action Plan Dear Mr. Zwiers: The Minnesota Pollution Control Agency (MPCA) staff in the Voluntary Investigatioriand Cleanup (VIC) Program has completed review of the following two documents for the Moon Valley/Outlot G site, located at the address referenced above (the Site): · Phase II Site Investigation and Voluntary Response Action Plan" (VRAP) dated October 21,2005; and · Addenda to the Moon Valley VRAP (Addenda) dated Apn128; 2006 These documents were prepared and submitted on your behalfby McCain and Associates, Inc. The VRAP, as modified by the Addenda, is approved, subj ect to the following change: · A minimum of five confirmation samples (one floor, four sidewall) shall be collected from each hot-spot excavation performed on the upper trap. range. ' This letter-is subject to the disclaimers listed in Attachment A. If you have any questions about the contents of this letter, feel free to call me at (651) 296-8947 or Wayne Sarappo at (651) 296-7297. ~/1relY, .'i" / V'f!nw~/~ Amy I)fHadiaris, P.G. ' Voluntary Investigation and Cleanup Unit Superfund Section Remediation Division . AK.H:ais Enclosure(s) cc: Jim Aiken, McCain and Associates 520 Lafayette Rd. N.; Saint Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY); www.pca.state.mn.us St. Paul. Brainerd. Detroit Lakes · Duluth. Mankato . Marshall. Rochester. Willmar Equal Opportunity Employer. Printed on recycled paper containing at least 20 percent fibers from paper recycled by consumers. ATTACHMENT A STANDARD DISCLAIMERS Moon Valley/Outlot G, MPCA Project NUmber VP 19420 1. Reservation of Authorities TheMPCA Commissioner reserves the authority to take any appropriate actions with respect to any release, threatened release, or other conditions at the Site. The MPCA Commissioner also reserves the authority to take such actions if the voluntary party does not proceed in the manner described in this letter or if actions taken or omitted by the voluntary party with respect to the Site contribute t? any release or threatened release, or create an imminent and substantial danger to public health and welfare. 2. No MPCA Assumption of Liability The MPCA, its Commissioner and staff Q.o not assume any liability for any release, threatened release or other conditions at the Site or for any actions taken or omitted by the voluntary party with regard to the release, threatened release, or other conditions at the Site, whether the actions taken or omitted are in accordance with this letter or otherwise. . 3. Letter Based on Current Information. All statements, conclusions and representations in this letter are based upon information known to the MPCA Commissioner and staff at the time this letter was issued. The MPCA Commissioner and staff ' reserVe the authority to modify or rescind any such statement, conclusion or representation and to take any appropriate action under his authority if the MPCA Commissioner or staff acquires iilfonnation . after issuance of this letter that provides a basis for suchmodi:5.cation or action. 4. Disclaimer Regarding Use or Development of the Property The M:PCA, its Commissioner and staffdo not warrant that the Site is suitable or appropriate for any particular use. 5.' Disclaimer Regarding Investigative or Response Action at the Property Nothing in this letter is iiltended to authorize any response action under Minn. Stat. S 115B.17, subd. i2. Page 1 of1 l Attachment E Invoices for Project Work to Date Main and Associates, Inc. 434 2nd Street Excelsior, MN 55331 T 952.470.1611 August 30, 2004 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 Invoice #: MY A040101 McCain Project #: MY A0401 Re: Moon Valley Gun Range - Preliminary Site Investigation Invoice For professional services from July 30, 2004 to August 27, 2004 including: Compilation of Preliminary Site Investigation Data Evaluation of Historical Maps, Geologic, Topographic, Aerial Photos, and City Directory Data Preparation of Project Health and Safety Plan Preparation of11PCA VIC application Coordination and Communication with MY A and MPCA Preparation ofW ork Plan Scope of Work Letter Site Meeting with 11PCA on August 26 Soil Sampling and GPS Surveying at Site on August 26 and 27 (65% complete) Itemization of Costs Time Name Units Rate Total Jim Aiken Principal Hydrogeologist 36.0 hrs $108/hr $3,888.00 Nick R. Bonow GeologistJEngineer 28.75 hrs $55/hr $1,581.25 Time Subtotal $5,469.25 Expenses Mileage 39 $0.375/mi $14.63 Vehicle Use 2 day $15 day $30.00 Maps, Charts, Photos Historical Info. Gatherers lLS $325.00 $325.00 Equipment - Digital imaging I day $I5.00/day $15.00 Equipment -Expendable 2 day $50.00/day $100.00 Equipment - Durable 1 day $30.00/day $30.00 Communication, Copy, Print 1.00% Labor 1 LS $54.69 $54.69 Expenses Subtotal $569.32 Subtotal $6,038.57 $0.00 Budget: $21,058.00 Amount Payable: 28.7% Credit/Offset $6,038.57 Thank You. Jailles S. Aiken, P.G. P:\invoices\MV A04011c\1V A040iOl.wpd McCain and Assoclates, Inc. September 27,2004 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road E1ko, MN 55020 Re: Moon Valley Gun Range - Preliminary Site Investigation Invoice 434 2nd Street Excelsior, MN 55331 T 952.470,1611 Invoice #: MV A040102 McCain Project #: MV A0401 F or professional services from August 27, 2004 to September 27, 2004 including: Completion of field soil sampling and surveying on Sept. 1 Preparation of Maps, Tables, and Survey Data (80% complete) Preparation oftext for report (60% complete) Review oflaboratory data Communications with Sathre, Pemtom, and MV A Preliminary $50,000 Brownfields Grant Information and Assistance (10% complete) Time Itemization of Costs Name Jim Aiken Nick R. Bonow Principal Hydrogeologist GeologistJEngineer Expenses Mileage Vehicle Use Maps, Charts, Photos Equipment - Digital imaging Equipment -Expendable Equipment - Durable Communication, Copy, Print 1.00% Labor Invoiced to date: $12,062.82 Budget: $21,058.00 57.3% Amount Payable: Units Rate Total 34.1 hrs $108/hr $3,682.80 44.5 hrs $50/hr $2,225.00 Time Subtotal $5,907.80 153 $0.375/mi $57.38 o day $15 day $0.00 OLS $325.00 $0.00 o day $15.00Iday $0.00 o day $50.00/day $0.00 o day $30.00/day $0.00 1 LS $59.08 $59.08 Expenses Subtotal $116:45 Subtotal $6,024.25 Credit/Offset $0.00 $6,024.25 Note: In appreciation for your business, we have reduced the billing rate for junior staff Invoiced to date: $12,062.82 to $50.00 per hour for the remainder of 2004. This reflects a savings of $222.50 on this invoice and on future invoices in 2004! 11 Thank You. James S. Aiken, P.G. P:\InvoiceslMV A0401 \''vNA040102.wpd October 23, 2004 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 Re: Moon Valley Gun Range - Preliminary Site Investigation Invoice 434 2nd Street Excelsior, MN 55331 T 952.470.1611 F 952.470.0728 Invoice #: MV A040103 McCain Project #: MV A040l For professional services from September 27, 2004 to October 23, 2004 including: Completion of Preliminary Site Investigation Report (5 copies) Submission of PSI report and correspondence with VIC (l0/18) Final Maps, Tables, and Survey Data Preparation of text for report Soil sampling for stockpile areas (authorized on 1015 site meeting) Rush Analysis of samples Review oflaboratory data Communications with Ryan, Sathre, Pemtom, and MV A Completion of$50,000 Brownfields Grant Information (Submitted 10/21) Time Itemization of Costs Name Jim Aiken Nick R. Bonow Principal Hydrogeologist Geologist/Engineer Expenses Mileage Vehicle Use Laboratory (Rush) Equipment -Expendable Equipment - Durable Communication,Copy, Print 1.00% Labor Invoiced to date: $20,387.67 Budget: $21,058.00 Amount Payable: 96.8% Thank You.. James S. Aiken, P.G. P :\Invoices\MVA0401 \i'vlV A0401 03. wpd Units Rate Total 71.9 hrs $108/hr $7,765.20 4.0 hrs $50/hr $200.00 Time Subtotal $7,965.20 80 $0.375/mi $30.00 1 day $15 day $15.00 1 LS $210.00 $210.00 0.5 day $50.00/day $25.00 o day $30.00/day $0.00 1 LS $79.65 $79.65 Expenses Subtotal $359.65 Subtotal $8,324.85 Credit/Offset $0.00 $8,324.85 cCain November 30, 2004 Mr. Dan Zwiers Moon Valley ~ggregates, Inc. 11111 Deuce Road Elko, MN 55020 434 2nd Street Excelsior, MN 55331 T 952.470.1611 F 952.470.0728 Invoice #: MV A040104 McCain Project #: MV A0401 Re: Moon Valley Gun Range - Preliminary Site Investigation Invoice For professional services from October 23, 2004 to November 27,2004 including: Completion of Phase I Report (6 copies) Request for No Association Letter for City ofChanhassen Laboratory invoice for PSI Communications with MV A and MPCA Time Name Jim Aiken Giovanni Orbita Jim Berkas Expenses Laboratory (from PSI) Maps, Charts (Phase I) EDR Report (phase I) Communication, Copy, Print Invoiced to date: $24,067.02 Budget: $24,058.00 Amount Payable: Thank You. James S. Aiken, P.G. P:IL,voices\MV A0401\cVfV A040104:wl'd Itemization of Costs Principal Hydrogeologist CAD Engineer 1.00% Labor 100.0% Units Rate T otal 15.0 $108/hr $1,620.00 3.0 $85/hr $255.00 1.5 hrs $80/hr $120.00 Time Subtotal $1,995.00 1 LS $1,330.00 $1,330.00 1 LS $19.40 $19.40 1 LS $315.00 $315.00 1 LS $19.95 $19.95 Expenses Subtotal $1,684.35 Subtotal $3,679.35 Credit/Offset $0.00 $0.00 $3,679.35 McCain aoo Associates, inc. 434 2nd Street Excelsior, MN 55331 T952.470.1611 F 952.470.0728 March 28, 2005 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 Invoice #: MV A040105 McCain Project #: MY A0401 Re: Moon Valley Gun Range - Phase II Site Investigation and RAP Development Invoice For professional services from March 9,2005 to March 26, 2005 including: For coordination, compilation and draft preparation of grant application documents Preliminary work plan preparation Itemization of Costs Time Name Units Rate Total Jim Aiken Jim Aiken Nick Bonow, Principal Hydrogeologist Principal Hydrogeologist Geological EnglGeologist 23.8 hrs 8.2 hrs 15.75 hrs $108/hr $115/hr $60/hr Time Subtotal $2,570.40 $943.00 $945.00 $4,458.40 Expenses Communication 1.00% Labor 1 LS $44.58 Expenses Subtotal $44.58 $44.58 Subtotal $4,502.98 Amount Payable: $4,502.98 Thank You. James S. Aiken, P.G. Note: This invoice reflects a $7/hr discount on a portion of Jim Aiken's time as shown above. Thank you for selecting us to assist with your project! P:\Invoices\MV A0401"\1V A040105.wpd McCain and AssociatBs, Inc. 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 April 25, 2005 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 Invoice #: MV A040106 McCain Project #: MY A0401 Re: Moon Valley Gun Range - Phase IT Site Investigation and RAP Development Invoice For professional services from March 27,2005 to April 23, 2005 including: For final preparation of DEED grant application and continued preparation of Phase II work plan Itemization of Costs Time Name Jim Aiken Nick Bonow Expenses Communication Mileage 1.00% Labor Units Rate Total 1.4 hrs $115/hr $161.00 22.25 hrs $60/hr $1,335.00 Time Subtotal $1,496.00 1 LS $14.96 $14.96 18 mi $0.41 $7.29 Expenses Subtotal $22.25 Subtotal $1,518.25 Principal Hydrogeologist Geological Eng/Geologist Amount Payable: $1,518.25 Thank You. James S. Aiken, P.G. P: \!nvoiceslMV A040 1 ""IV A040106.wpd McCain and Associates, Inc. 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 May 31,2005 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 Invoice #: MV A040107 McCain Project #: MY A0401 Re: Moon Valley Gun Range - Phase II Site Investigation and RAP Development Invoice For professional services from April 24, 2005 to May 28, 2005 including: For preparation of Phase II Work Plan Support for the city of Chanhassen Preparation of resolution for grant application and revisions to health and safety plan Itemization of Costs Time Name Jim Aiken Nick Bonow Expenses Communication Delivery . 1.00% Labor Units Rate Total 10.3 hrs $115/hr $1,184.50 28.5 hrs $60/hr $1,710.00 Time Subtotal $2,894.50 1 LS $28.95 $28.95 1 LS $21.79 $21.79 Expenses Subtotal $50.74 Subtotal $2,945.24 Principal Hydrogeologist Geological Eng/Geologist Amount Payable: $2,945.24 Thank You. James S. Aiken, P.G. P:\Invoices\i'vlVAD40 I \iVIV A040 I 07.wpd McCain and Associates, Inc. June 30, 2005 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 Invoice #: MV A040108 McCain Project #MV A040 1 Re: Moon Valley Gun Range - Phase II Site Investigation and RAP Development Invoice For professional services from May 29, 2005 to June 25, 2005 including: Preparation of health and safety plan Sampling and analysis plan Incorporation of Martinez survey data Redrafting figures to include new topographic data Itemization of Costs Time Name Jim Aiken Niek Bonow Anne Monzel Principal Hydrogeologist Geological Eng/Geologist Administrative Assistant Expenses Communication 1.00% Labor Amount Payable: $6,016.57 Thank You. James S. Aiken, P.G. Budget Total: $91,130.00 Spent to Date: -$14.982.06 Remaining: $76,147.94 P:\InvoiceslMV A0401 li'vIVA0401 08.wpd Units Rate Total 19.8 hrs $1l5/hr $2,277 .00 52.0 hrs $60/hr $3,120.00 14.0 hrs $40/hr $560 00 Time Subtotal $5,957.00 1 LS $59.57 $59.57 Expenses Subtotal $59.57 Subtotal $6,016.57 cCain July 26, 2005 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, :MN 55020 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 Invoice #: MV A040109 McCain Project# MY A040 1 Re: Moon Valley Gun Range - Phase II Site Investigation and RAP Development Invoice For professional services from June 26 through July 23, 2005 including: For partial completion of Phase II field work, project management and subcontractor coordination Time Name Jim Aiken Angela Ronayne Nick Bonow Anne Monzel Expenses Communication Survey kit Mileage Delivery Auto field use Field supplies Amount Payable: Thank You. James S. Aiken, P.G. BudgetTotal: Spent to Date: Remaining: P:\Invoices\1YIV A0401 \~N A040109. wpd Itemization of Costs Principal Hydrogeologist Civil Engineer Geological Eng/Geologist Administrative Assistant 1.00% Labor $9,414.26 $91,130.00 -$24.397.30 $66,732.70 Units Rate Total 33.0 hrs $115/hr $3,795.00 1.75 hrs $76/hr $133.00 82.5 hrs $60/hr $4,950.00 6.75 hrs $40/hr ~?70 00 Time Subtotal $9,148.00 1 LS $91.48 $91.48 2 days $15/day $30.00 116 mi $OA05/mi $46.98 1 LS $34.24 $34.24 4 days $15/day $60.00 1 LS $3.56 . $3.56 Expenses Subtotal $266.26 Subtotal $9,414.26 P:'!nvoiceslMV A040 1 \\fV A040109.wpd cCain and Associates, lnc. August 31, 2005 :Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 Invoice #: MV A040110 McCain Project# MY A040 1 Re: Moon Valley Gun Range - Phase II Site Investigation and RAP Development Invoice For professional services from July 24 through August 27,2005 including: Soil sample and boring location survey Surface soil sample collection, packaging and shipping Drilling - subsurface soil characterization and sample collection Coordination of analytical and geotechnical soil testing Review tabulation and plotting of analytical sample results Itemization of Costs Time Name Jim Aiken Giovanni Orbita Nick Bonow Principal Hydrogeologist Senior Technician Geological EnglGeologist Expenses Communication Mileage Delivery Auto field use Subcontractor expense Subcontractor expense Subcontractor expense Subcontractor expense Field supplies 1.00% Labor Soil Engineering Testing Hickey Consultants Test America Braun Intertec Amount Payable: Thank You. $18,730.74 Units Rate Total 6.7 hrs $ 115/hr $770.50 4.5 hrs $90/hr $405.00 110.75 hrs $60/hr $0,{;4:'\ 00 Time Subtotal $7,820.50 1 LS $78.21 $78.21 277 mi $OA05/mi $112.19 1 LS $179.96 $179.96 7 days $15/day $105.00 1 LS $642.00 $642.00 1 LS $311.57 $311.57 1 LS $4,466.00 $4,466.00 1 LS $5,000.00 $5,000.00 1 LS $15.32 $15.32 Expenses Subtotal $10,910.24 Subtotal $18,730.74 Total = $91,130.00 Spent to date = $43,128.04 Remaining = $48,001.96 JamesS. Aiken, P.G. P:\Jnvoices\1'vJ."V A0401 '2vN A040110.wpd P:\Invoices\lvIV A0401 l,'vIV A040110.wpd cCain 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 September 28, 2005 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, :MN 55020 Invoice #: MV A040111 McCain Project# MV A040 1 Re: Moon Valley Gun Range - Phase II Site Investigation and RAP Development Invoice For professional services from August 28 through September 24, 2005 including: For follow up sampling tasks and Phase n Report/V 01. Action Plan preparation, contractor specifications and volume mapping Itemization of Costs Time Name Units Rate Total Jim Aiken Principal Hydrogeologist 7 A hrs $115/hr $851.00 Nick Bonow Geological Eng/Geologist 66.5 hrs $60/hr $':\,99000 Time Subtotal $4,841.00 Expenses Communication 1.00% Labor 1 LS $48 Al $48 Al Mileage 90mi $Oo405/mi $36045 Subcontractor expense Veit Environmental, Inc. lLS $2,065.00 $2,065.00 Subcontractor expense Test America 1 LS $479.00 $47<) 00 Expenses Subtotal $2,628.86 Subtotal $7,469.86 Amount Payable: $7,469.86 Thank You. Total = $91,130.00 Spent to date = $50.597.90 James S. Aiken, P.G. Remaining = $40,532.10 P:\!nvoices\MVA0401'uvN A04011l.wpd McCain and Assodates, inc. 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346.3901 October 31, 2005 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 Invoice #: MV A0401l2 McCain Proj ect# MY A040 1 Re: Moon Valley Gun Range - Phase II Site Investigation and RAP Development Invoice For professional services from September 25 through October 29, 2005 including: For completion of Phase IT report, VRAP and contractor specifications Itemization of Costs Time Name Units Rate Total Jim Aiken Principal Hydrogeologist 69.7hrs $115/hr $8,015.50 Todd Hartleben Senior Engineer 4.0 hrs $92/hr $368.00 Angela Ronayne Civil Engineer 1. 0 hrs $76/hr $76.00 Isaac Fuhr Civil Engineer 3.5 hrs $72/hr $252.00 Nick Bonow Geological Eng/Geologist 117.75 hrs $60/hr $7,00'; 00 Time Subtotal $15,776.50 Expenses Communication 1.00% Labor 1 LS $157.77 $157.77 Mileage 19mi $0.40S/mi $7.70 Delivery 1 LS $66.25 $66.25 Subcontractor expense Test America 1 LS $870.00 $j:(70 00 Expenses Subtotal $1,101.71 Subtotal $16,878.21 Amount Payable: $16,878.21 Thank You. Total = $91,130.00 Spent to date = $67.476.11 James S. Aiken, P.G. Remaining = $23,653.89 P:\InvoiceslMV A0401 \\1\1 A040 112. wpd cCain and Assoclates,lnc. 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 November 30, 2005 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Blko,:MN 55020 Invoice #: MV A0401l3 McCain Proj ect# MY A040 1 Re: Moon Valley Gun Range - Phase IT Site Investigation and RAP Development Invoice For professional services from October 30 through November 26, 2005 including: For preparation of contractor specifications, bidding documents, prebid meeting, addendum, and notice of award coordination Itemization of Costs Time Name Units Rate Total Jim Aiken Principal Hydrogeologist 28.2 hrs $115/hr $3,243.00 Todd Hartleben Senior Engineer 13.5 hrs $92/hr $1,242.00 Nick Bonow Geological Bng/Geologist 63.0 hrs $60/hr ~iJ7RO 00 Time Subtotal $8,265.00 Expenses Communication 1.00% Labor 1 LS $82.65 $82.65 Mileage 38 mi $OA05/mi $15.39 Delivery 1 LS $26.78 $26 78 Expenses Subtotal $124.82 Subtotal $8,389.82 Amount Payable: $8,389.82 Thank You. Total = $92,323.00 Spent to date = $75.865.93 James S. Aiken, P.G. Remaining = $16,457.07 P:\InvoiceslMV A0401 \ivN A040113. wpd cCain 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 December 31, 2005 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road E1ko, MN 55020 Invoice #: MV A040114 McCain Project# MY A0401 Re: Moon Valley Gun Range - Phase IT Site Investigation and RAP Development Invoice For professional services from November 27 through December 31, 2005 including: For implementation oversight of Phase III Remedial Action Plan Stage 1: Demolition and dump waste removal Itemization of Costs Time Name Units Rate Total Jim Aiken Principal Hydrogeologist 7.0 hrs $115/hr $805.00 Todd Hart1eben Senior Engineer 2.0 hrs $92/hr $184.00 Nick Bonow Geological EnglGe010gist 23.5 hrs $60/hr $1,41000 Time Subtotal $2,399.00 Expenses Communication 1.00% Labor 1 LS $23.99 $23.99 Mileage 72mi $OA05/mi $29.16 Expenses Subtotal $53.15 Subtotal $2,452.15 Amount Payable: $2,452.15 Thank You. Total = $92,323.00 Spent to date = $78.318.08 James S. Aiken, P.G. Remaining = $14,004.92 P:\Invoices\i\{v A0401 ,""IV A040114,wpd m cain and Associates; Inc. Q 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 February 1,2006 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 Invoice #: MV A040115 McCain Proj ect# MV A040 1 Re: Moon Valley Gun Range - Phase II Site Investigation and RAP Development Invoice For professional services from January 1 through January 28, 2006 including: Oversight of demolition, waste removal and contract administration; Phase IIIa Remedial Action Itemization of Costs Time Name Jim Aiken Nick Bonow Expenses Mileage Units Rate Total Principal Hydrogeologist 8.2 hrs $125/hr $1,025.00 Geological EnglGeologist 18.25 hrs $65/hr $l,lRfi )"; Time Subtotal $2,211.25 36mi $0.445/mi $16.02 Expenses Subtotal $16.02 Subtotal $2,227.27 $2,227.27 Amount Payable: Thank You. James S. Aiken, P.G. P:\fuvoicesIMVA0401'-'VfV A0401 ]5. wpd m cain and Associates, Inc. ~~ 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 Aprill,2006 :Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 Invoice #: MV A0401l6 McCain Project# MY A040 1 Re: Moon Valley Gun Range - Phase II Site Investigation and RAP Development Invoice For professional services from January 29 through March 25, 2006 including: For response to J\1PCA comments, contractor management and revision of RAP alternatives Itemization of Costs Time Name Jim Aiken Nick Bonow Expenses Delivery Units Rate Total Principal Hydrogeologist 13.5 hrs $125/hr $1,687.50 Geological Eng/Geologist 20.0 hrs $65/hr ' s;, iOO 00 Time Subtotal $2,987.50 1 LS $26.78 $26.78 Expenses Subtotal $26.78 Subtotal $3,014.28 $3,014.28 Amount Payable: Thank You. James S. Aiken, P.G. P:\Invoices\tvlV A0401\,\lV A040116.wpd " cain and Associates, Inc. ~ 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 May 1, 2006 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 Invoice #: MV A040117 McCain Project# MY A0401 Re: Moon Valley Gun Range - Phase n Site Investigation and RAP Development Invoice For professional services from March 26 through April 29, 2006 including: For meetings with MPCA, preparation ofresponse letter and contingency plan Itemization of Costs Time Name Jim Aiken Giovanni Orbita Nick Bonow Expenses Mileage Software AutoCad Units Rate Total 30.6 hrs $125/hr $3,825.00 1. 0 hrs $90/hr $90.00 38.25 hrs $65/hr $?,4Rt'l ?'i Time Subtotal $6,401.25 nmi $O.445/mi $34.27 12.0 hrs $10/hr $120.00 Expenses Subtotal $154.27 Subtotal $6,555.52 Principal Hydrogeologist Senior Technician Geological Eng/Geologist Amount Payable: Thank You. $6,555.52 James S. Aiken, P.G. P:\InvoiceslMV A040 1 "'vIV A040 117.wpd " cain al1dAssociates, Inc. <;;3 June 1,2006 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 Invoice #: MV A040118 McCain Project# MV A0401 Re: Moon Valley Gun Range - Phase II Site Investigation and RAP Development Invoice For professional services from April 30 through May 27, 2006 including: For contractor bidding documents (recycle), field staking, coilection of casings; collection and analysis of ag lime soil Time Name Jim Aiken Nick Bonow Expenses Mileage Subcontractor expense Durable equipment Disposable equipment Amount Payable: Thank You. James S. Aiken, P.G. P:\lnvoices\MV A040lleVfV A040118.wpd Itemization of Costs Units Rate Total Principal Hydrogeologist 2.7 hrs $125/hr $337.50 Geological EnglGeologist 17.25 hrs $65/hr $1,121 ?'i Time Subtotal $1,458.75 82mi $0.445/mi $36.49 1 LS $480.00 $480.00 1 day $30/day $30.00 1 day $15/day $15.00 Expenses Subtotal $561.49 Total $2,020.24 $2,020.24 " c aln 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 and Associates, Inc. "rJ July 1, 2006 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, :MN 55020 Invoice #: MV A0401l9 McCain Project# MY A0401 Re: Moon Valley Gun Range - Phase IT Site Investigation and RAP Development Invoice For professional services from May 28 through June 24, 2006 including: For initial VRAP activities, contractor coordination and surveying Time Itemization of Costs Units Rate Total Principal Hydrogeologist 6.9 hrs $ 125/hr $862.50 Senior Technician 15.0 hrs $90/hr $1,350.00 Geological Eng/Geologist 14.0 hrs $65/hr $91000 Time Subtotal $3,122.50 58 mi $0.445/mi $25.81 1 day $15/day $15.00 1 LS $346.13 $346.13 1 day $I5/day $15.00 Expenses Subtotal $401.94 Total $3,524.44 $3,524.44 Name Jim Aiken Giovanni Orbita Nick Bonow Expenses Mileage Auto field use Rental equipment Disposable equipment Amount Payable: Thank You. James S. Aiken, P.G. P:\lnvoices\MV A040 11.tVN A040119.wpd McCain and Associates, Inc. <;i3 434 2nd Street Excelsior, MN 55331 T 952-346-3900 F 952-346-3901 August 4, 2006 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 Re: Moon Valley Gun Range - Phase II Site Investigation and RAP Development Invoice Current invoice information is summarized below. Itemized charges are shown on the following page. Please review this information and let us know if you have any questions. Project Number Invoice Number Invoice Date Invoice Due Date Invoice Amount MV A0401 MVA040120 07/29/2006 08/28/2006 $3,807.87 Invoice activity details are listed below: . F or initial VRAP activities, contractor coordination, stormwater plan addendum, initial cleanup activities including bullet casing removal Thank You. P:\InvoiceslMV A0401 IMV A040120.doc Invoice Details for MV A040120, Moon Valley Gun Range - Phase II Site Investigation and RAP Development Invoice Period Ending 07/29/2006 Description Qty Rate Amount Week Ending 07/01/06 Jim S. Aiken 4.1 125.00 512.50 Nick R. Bonow 19.75 65.00 1,283.75 James C. Berkas 5 85.00 425.00 Mileage (rate per mile) - NRB 39 0.445 17.36 Week Ending 07/08/06 Jim S. Aiken .5 125.00 62.50 NickR. Bonow .25 65.00 16.25 WeekEnding 07/15/06 NickR. Bonow 9.25 65.00 601.25 Mileage (rate per mile) - NRB 18 0.445 8.01 Week Ending 07/22/06 Jim S. Aiken 1.2 125.00 150.00 NickR. Bonow 9 65.00 585.00 Week Ending 07/29/06 NickR. Bonow 2.25 65.00 146.25 cain and Associates, Inc. <::3 434 2nd Street Excelsior, MN' 55331 T 952-346-3900 F 952-346-3901 August 29, 2006 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 Re: Moon Valley Gun Range Phase III VRAP Implementation Invoice Current invoice information is summarized below. Itemized charges are shown on the following page. Please review this information and let us lmow if you have any questions. Project Number Invoice Number Invoice Date Invoice Due Date Invoice Amount MV A0401 MV A040121 08/26/2006 09/25/2006 $3,477.36 Invoice activity details are listed below: · For continuing VRAP activities including lead screening, soil sample collection and field mapping of excavation areas Thank You. P:\AD:MIN\INE1\QuickBooks Letter Templates\Invoice Letters\Window Envelope Invoice Letter with Details.doc: Invoice Details for MV A040121 Moon Valley Gun Range Invoice Period Ending 08/26/2006 Description Qty Rate Amount Week Ending 08/05/06 Nick R. Bonow 1.75 65.00 113.75 Week Ending 08/12/06 Nick R. Bonow 9.5 65.00 617.50 Week Ending 08/19/06 - Nick R. Bonow 11 65.00 715.00 Jim S. Aiken 3.2 125.00 400.00 Week Ending 08/26/06 Jim S. Aiken 5.5 125.00 687.50 Nick R. Bonow 14.25 65.00 926.25 Mileage 10 0.445 4.45 Mileage 29 0.445 12.91 ~ cain and Associates, Inc. r:r"J, 434 2nd Street Excelsior, l\.1N,55331 T 952-346-3900 F 952-346-3901 September 28, 2006 Mr. Dan Zwiers Moon Valley Aggregates, Inc. 11111 Deuce Road Elko, MN 55020 Re: Moon Valley Gun Range Phase III VRAP Implementation Invoice Current invoice information is summarized below. Itemized charges are shown on the following page. Please review this information and let us know if you have any questions. Project Number Invoice Number Invoice Date Invoice Due Date Invoice Amount MY A0401 MY A040122 09/23/2006 10/23/2006 $21,301.34 Invoice activity details are listed below: · For continuing VRAP activities including: soil sample collection, laboratory testing, volume estimates, contractor oversight, and lead removal on upper trap range. Thank You. P:\Invoices\MV.<\.040 1 \,\oIV A040122.doo Invoice Details for MV A040122 Moon Valley Gun Range Invoice Period Ending 09/23/2006 Description Qty Rate Amount Week Ending 09/02/06 Nick R. Bonow 47.75, 65.00 3,103.75 Jim S. Aiken 5.4 125_00 675.00 Mileage 109.5 0.445 48.73 Mileage 25 0.445 11.13 Auto Field Use (per day) 1 15.00 15.00 Disposable Equipment (day) 2 15.00 30.00 GPS (day) 3 250.00 750.00 Week Ending 09/09/06 GPS (day) 1 250.00 250.00 Nick R. Bonow 26.5 65.00 1,722.50 Jim S. Aiken 9.1 125.00 1,137.50 Expense (Soil Engineering Testing, Inc.) 1 74.00 74.00 Expense (Braun) 1 872.00 872.00 Expense (Braun) 1 218.00 218.00 Expense (Braun) 1 1,184.00 1,184.00 Expense (Braun) 1 436.00 436.00 Mileage 17.5 0.445 7.79 Week Ending 09/16/06 GPS (day) 1.5 250.00 375.00 Jim S. Aiken 6.3 125.00 787.50 Nick R. Bonow 28.25 65.00 1,836.25 Rental Equipment 1 3,876.60 3,876.60 Expense (Braun) 1 218.00 218.00 Expense (Braun) 1 218 218.00 Mileage 32 0.445 14.24 Week Ending 09/23/06 Jim S. Aiken 3.1 125.00 387.50 Nick R. Bonow 19.5 65.00 1,267.50 Leif A. Johnson 24.5 65 1,592.50 Expense (Test America) 1 105.00 105.00 Durable Equipment (day) 1 30.00 30.00 Mileage 76 0.445 33.82 Mileage 54 0.445 24.03 P:\Invoices\MV A0401\'vlV A040122.doc Attachment F Commitment Letter, Conceptual OfficelRetail Layout and Developer Information (from Hennepin Village located in Eden Prairie) ( I. , I j .1 'I ~, ~ \ I The Pemtom Land Company 7597 ANAGRAM DRIVE EDEN PRAIRIE, MINNESOTA 55344 (952) 937-0716 . FAX (952) 937-8635 October 11, 2004 Ms. Kate Aanenson Community Development Director City of Chanhassen 7700 Market Blvd. Chanhassen,:MN 55317 R.e: Commitment Letter for Brownfields Grant Application Moon Valley Property, 100 Flying Cloud Drive, Chanlui.ssen, Minnesota Dear Ms. Aanenson: Since the City Council approval of our interim use permit for.the Moon Valley property, we have proceeded to complete an Environmental Audit as required under the pe:t:mit approval cqn~tion0im.ultaneously, we.thought it would be a ?Teat benefit to the . property, the Gl'ty;-cfnd future landowners if there was a cooperat1ve effort to work WIth the :Minnesota Pollution. Agency_ To that end, we are requesting the city to join with the landowner to complete a Brownfields Grant Application. The Pemtom Land Company has an option to acquire the Moon Valley property subject to the completion of the grading permit, the environmental clean up of the site~ and the city's future timing to extend utilities to this location_ The city had the foresight to prepare a Comprehensive Plan for this area providing for a -mixed use of high-density housing and office/commercial uses. We envision a plan tharwould fulfi.lI the vision of the Comprehensive Plan to develop tbis property into such a mixed use, A mixed use plan was prepared by our company for Hennepin Village in Eden Prairie_ There. was also a collaborative effort betWeen four dev,elopers and the City of Edina which resulted in the renowned Edinborough and Centennial Lakes, a very Sliccessful mixed use development on the Hedberg Gravel pit site in Edina. I have submitted inforniation to the city relative to Centennial Lakes and Edlnboroligh. Attached is a land use plan for Hennepin Village showing the mIxed use of retail, office, and wd to high-density housing as well as a generous allocation of park and open space compri?ing over 40% of the site_ -=. ; \.~ Ms. Kate Aanenson October 11, 2004 Page 2 We look forward to working with the city to complete a successful plan for the Moon Valley property_ The landO'Wliet will make sure that all costs relative to this Brownfield Grant Application will not be borne by the City of Chanhassen. Sincerely, Daniel J_ Herb President l , DJIDidt EnclosUre( s) , l____ ,c z.aE'J- W~stwood ?rOf~S3:0nal :::r~rv!::,,=~, Inc. I I NEIGH80R!-f09D COMMERCIAL: 8.90 ac. . 4,000 sf +/- Gas/Convenieoce (8 pLmp) . 5,000 af +1- Bank (4 drive thru windows) . 4,000 sf + / - Fast Food (drive thru) . 25,000 sf +/- General Retail . 5,000 sf +/- Retail/Me9icaJ Office / / ~. , (-<2 /D:XJ) - \._--- IllGlIWAY 212- \.. \ l~t'- ~'- / ~~ ~'f \ ----- \ -' L-- ---- - - -, !r rJl The Pemtom " ' Land Com pany ~~'IF Wktwood Prof.ssional Services. loe.. ~T ~~~onw. (M.. PT-~ ""N lS).4o( ..l 1"'rwwlc:~11-Su:.f.u.:~J:'_!S.r'-22.. ~ I I --" I o' D"'t~ 2/6/03 Hennepin Village ~ x 100' 200' 300' Neighborhood . I Commercial Center, .------------ -..-- Eden Prairie, Minnesota The Pemtom Land Company L Daniel Jw Herbst President" Daniel Herbst-is the OWJler and President of The Pemtom Land Company. He joined the Pemtom sales team in 1968, was promoted to Property Manager in 1970, named Vice President in 1972, and purchased Pemtom in 1976. In 1991 Mr. Herbst decided to concentrate on land . . developmeDt only and formed The Pemtom land Cb.mpany_ M( Herbst has been actively involved either as a . member or an officer in many business and community organizations that have included the folJowing: · National Association of Homebuilders o Builders Association of the Twin Cities · Land Development Committee, National Assodation of Homebuilders · Metro and Public Policy, Builders Association of the Twin Cities .. . · Governor's Critical Area Task Force · Carver County Coordinated Services · Chanhassen Jaycees · Chanhassen Chamber of Commerce Chanhasseh Planning Commissicin Mr. Herbst is a licensed Real Estate Broker_ He graduated from the University of S1. Thomas, attended Graduate Schoo! of Business at the University of Missouri, and served as Captain in the United States Air Force_ 7591 Anagram Drive. Eden Prairie, Minnesota. 952~~37-0716 River Hills - 1963 1,350 Units - BurnsYille, MN Market Value - $40,000,000 Walden -1964 80 Units - BumsviIle"MN , Market Value - $9,ODO,000 Oakmounte -1965 100 Units - Sno'review, MN Market Value - $.3,500,000 Four Season5-1965 200 Units - Plymouth, MN Market Value - $8,000,000 Off Site -1966 100 Units - Metro Area Market Value - $4,000,000 Birnamwood Townhomes 1961 220 Units - Burnsviffe, MN Market Value - $11,000,000 Park Hilfs - 1968 240 Units - sf:. Paul, MN Market Value - $7,200, 000 Cimarron - 1968 505 Units - Lake Elmo, MN Market Value -$8,050,000 The ViII ages - 1969 200 Units - Marshall, MN _ Market Value - $2,500,000 The Viiiages -1969 100 Units - Duluth, MN Market Va!ue- $1,500,000 Sca~borough -1969 80 Units - Bloomington, MN Market Value - $4,000,000 Windsor Green -1969 250 Units - New Brighton, MN Market Value - $7,500,000 Brighton Square -1970 50 Units - New Brig-hton, MN Market Value - $2,000,000 ._ The Pemtom Land Company 7597 Anagram Drive - Eden Prairie, MN 55344 952-937-071 € Project Resume . Pheasant Run - 1970 150 Ur)its - Bumsville, MN Market Value - $7,500,000 Cedarview-1971 41 Units - Minneapolis, MN Market Value - $2,460,000 Riverwoods - 1972 280 Units -:- Burnsville, MN Market Value - $14, 000,.000 The VjI[ages of Eagle Lake -1973 280 U nits ~ Maple Gmve, MN Market Value - $11,200,000 The Villages -1973 300 Units - Arden Hil!s, MN Market Value - $15,000,000 Chimo -1975 36 Units - Deephaven, MN Market Value - $1,800,000 Scarborough Woods -1976 36 Units - Bloomington, MN Market Value - $1,440,000 Bayridge - 1978 49 Units - Bloomington, MN Market Value - $6,125,000 Carsonwood - 1978 16 Units"":' Deephaven, MN Market Value -$1,60Q,000 McCarthy's Woods - 1979 8 Units - GreenwooCi, MN Market Value - $800, 000 Eagle B.luff-1S79 17 Units - Lake Minnetonka Market Value - $1 ,700, 000 Amsden Ridge -1979 25 Units - Bloomington, MN Market Value - $3,750,000 Amsden Ridge Townhomes-1S80 17 Units - Bloomington, MN' Market Value -$2,900,000 Woodbridge Townhomes - 1'98-1 47 Units - Bloomington, MN Market Value - $7,520,000 - Amsden Ridge " . CommerCiaf -1982 7 Sites - Bloomington, MN Market Value -$1,200,000 Minnesota Valley _ Condominiums -1983 54 Units - Bloomington, MN Market Value ~ $8,650,000 Timber Lakes -1 9B5 Eden Pra-irie; MN Market Value - $3,750,000 Weston Bay -1980 24 Units -' Eden Prairie, MN Ma rket Value - $4,800,000 Normandy Crest-19B7 17 Units - Eden Prairie, MN Market Value - $4,250,000 Woods of Walden -1988 9 Units - Bunlsville, MN Market Value - $2,025,000 West Oaks - 1988 Remodel 25 Luxury Condos , Minnetonka, MN Market Value - $1,800,000 Luxury Town homes -' 1989 17 Units - Minnetonka,. MN Market Value - $~, 100;000 Proex Photo Stores -1980-89 21 Stores - Metro Area_ Market Value -.$1,680,000 Kingston Ridge-19S9-92 25 Units - Eden Prairie, MN Market Value - $7,500-,000 Crimson B?y-1990' 5 Units - Chanhzssen, MN Market Value - $1,900,000 Attachment G City of Chanhassen Resolution FY 06 - 07 MINNESOT A DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT 1st National Bank Building 332 Minnesota Street, Suite E200 St. Paul, MN 55101-1351 Contact: Brownfields and Community Assistance Unit Local: 651-296-5005 Toll Free: 1-800-657-3858 ***YOU MUST READ THE FOLLOWING NARRATIVE TO FULLY UNDERSTAND THE APPLICATION PROCESS*** INSTRUCTIONS PURPOSE/BACKGROUND: The Contamination Cleanup Grant program was established by the 1993 legislature and Minnesota Statutes~~ 116J.551 - 116J.558 gives the Minnesota Department of Employment and Economic Development (DEED) authority to award grants to clean contaminated sites to allow for redevelopment. The purpose of the Contamination Cleanup Grant Program is to reduce the potential threat to public health and the environment, create new jobs, increase the tax base, and provide other public benefits by redeveloping polluted and unproductive sites. APPLICATION DEADLINES: Contamination Cleanup Grant application deadlines are November 1 and May 1 of each year. In the event that these days fall on a weekend, the deadline will be the following business day. Completed applications and supporting documentation must be received by DEED at or before 4 P.M. on either date to be considered for funding. You must submit a complete, original application and two (2) copies. An applicant may apply for more than one site, but an individual (separate) application must be completed for each site. (Note: If you are also applying for an MCRLF Loan, you must complete this application, which serves as Part 1 of the loan application. You must also complete Part 2, the MCRLF Loan Application. ) GRANT ELIGIBLE COSTS: The Contamination Cleanup Grant can pay up to 75% of the cost of cleaning contamination defined under the MN Superfund (M.S. ~ 115B.02), as well as petroleum contamination. Types of petroleum costs that may be eligible under this program are cleanup of rail yards, scrap yards, bulk oil storage facilities, and under and above-ground storage tanks that are not eligible for the Minnesota Petrofund (see M.S. ~ 115C.Ol). (See the budget section of this application for examples of eligible and ineligible costs). Cleanup II FY06-07 GRANT FUNDING AVAILABILITY: The total legislative appropriation for this grant program for fiscal years 2006 and 2007 is $4,362,000 of general fund monies for the investigation and cleanup of Superfund contaminants and $12.4 million of Petro fund monies. Since the program runs on a semi-annual grant cycle, the monies will be divided among the four cycles run during the biennium. Up to $250,000 of this funding will be awarded per fiscal year for DEED's Investigation and RAP Development Grants. The legislature has designated that at least 25% of available funds be spent on remediating sites in Greater Minnesota unless sufficient applications are not received. This allows the grant program to assist with cleanup efforts statewide. ELIGIBLE GRANT APPLICANTS: Eligible applicants for this program are statutory or home rule charter cities, economic development authorities, housing and redevelopment authorities, counties, or port authorities. While these are the eligible applicants, the site can be either privately or publicly owned. GRANT ELIGIBLE QUALIFYING SITES: A site must meet each of the following criteria in order to qualify for a Contamination Cleanup Grant: 1) A grant may not be given to a municipality in the Twin Cities Metropolitan Area unless it is participating in the Metropolitan Council Local Housing Incentives Program. For information on the Local Housing Incentives Program, call Guy Peterson at the Metropolitan Council at (651) 602-1418. 2) A site may not be scheduled for funding under the Federal Superfund Program (United States Code, title 42, section 9601 et seq.) or the Environmental Response and Liability Act (Minnesota Statutes ~~ 115B.Ol to 115B.24) under the current or next fiscal year. 3) A site must contain contaminants, pollutants or hazardous substances as referenced in Minnesota Statutes ~ 115B.02 or petroleum that is not eligible for the Minnesota Petrofund. Asbestos abatement in buildings does not qualify under this grant program, unless it is part of demolition necessary for RAP implementation. 4) A site must have an appraised or assessed value after adjusting for the effect on the value due to contamination (pre-cleanup) that is: 1) less than 75% of the estimated project costs (see definition of Project Cost) OR, 2) less than or equal to the estimated cleanup costs (see definition of Cleanup Cost) for the site AND the cleanup costs equal or exceed $3 per square foot for the site. 5) Finally, to qualify for this grant program, it is expected that the site will be improved with buildings or other improvements within a reasonable period of time, and that these buildings or improvements will provide a substantial increase in the property tax base or will be used for an important publicly owned or tax exempt facility. The final development of polluted sites may include, for example, commercial, industrial, office or housing development. Cleanup III r FY06-07 Housing developments should include an affordability component. There should either be affordable units on the site, or units committed by the developer to another site within the applicant's jurisdiction. Housing developments thatdo not include any affordable units (on- or off- site) may not be considered for funding under this program. "Affordability" is defined using U.S. Housing and Urban Development and/or Metropolitan Council standards, determined by the municipality. REQUIRED APPRAISALS or ASSESSMENTS for GRANTS: 1) Attach an appraisal completed by a qualified independent appraiser licensed under chapter 82B using accepted appraisal methodology which shows the current market value (pre-cleanup) of the property, separately taking into account the effect of the contaminants on the market value. This value should include both the value of the land and, if applicable, any buildings on the Site. Along with the appraisal, please include the projected value after cleanup and development. OR 2) Submit the assessed value of the property for the latest year, as determined by the local assessor, shown on the most recent valuation notice used under Minnesota Statutes ~ 273.121. Along with the assessed value, please include the projected value after cleanup and development. Note: It is required that contamination be considered when assessing the value of the property. Please verify with the local assessor that the assessed value accounts for contamination. REQUIRED CLEANUP BUDGET/SCHEDULE: You must submit a budget for cleaning the site and a timeline for cleaning and redeveloping the site (both the budget and timeline are part of the following application). While the redevelopment of the site is considered in the application and must be identified in the timeline, grant funds can only be used toward site remediation. The budget page of this application should include only eligible remediation costs, which are the statutorily defined as "cleanup costs" and "project costs." Cleanup Costs: Includes the costs of developing and implementing a response action plan, but does not include implementation costs incurred before the award of a grant unless the application for the grant was submitted within 180 days after the response action plan was approved by the commissioner of the pollution control agency. Project Costs: Includes the cleanup costs for the site (see above definition), and the cost of related site acquisition, demolition of existing improvements, and installation of public improvements if necessary for the applicant to implement the response action plan. Cleanup IV FY06-07 Examples of eligible and ineligible costs include: ELIGIBLE COSTS INELIGIBLE COSTS Investigation (if not already funded under a Project/Grant Administration DEED Investigation and RAP Development Grant) Cleanup Costs of appraisals or other application costs . Public Acquisition and Relocation (if Private Acquisition and Relocation (if necessary to implement RAP) necessary only for redevelopment} Environmental Consulting fees necessary to Asbestos Abatement in Buildings implement the RAP Public Improvements (if necessary to Contingencies implement the RAP) Demolition (if necessary to implement the Demolition (if necessary only for RAP) redevelopment} Activities eligible for funding under or match requirements of another state cleanup program Costs at sites scheduled for Superfund funding Please note: you should take great care in estimating your cleanup budget. Grants are given to sites that will be cleaned and developed. If you find additional costs that you did not anticipate in the application budget, you will still be responsible for cleaning and developing the site. You may submit a second application for your cost overruns, but there is no guarantee that you will receive a second grant. At the same time, your budget should not be inflated but rather should be based on careful investigation and planning. GRANT LOCAL MATCH REQUIREMENT: It is required that the applicant or other local source pay for 25 percent of the proiect cost as a local match to obtain a cleanup grant. Of this local match, the applicant must pay an amount equal to 12 percent of the cleanup costs from the municipality's general fund, a property tax levy or other unrestricted money available to the municipality. The rest of the local match may be paid with tax increments, regional, state or federal money available for the redevelopment ofbrownfields (including money from the Metropolitan Council's Tax Base Revitalization Account for metro applicants) or any other money available to the municipality. If the applicant establishes a TIF district or hazardous substance subdistrict on the site to pay for part of the local match requirement, the district or subdistrict is not subject to the state aid reductions under M.S. ~ 273.1399. In order to qualify for the exemption from the state aid reductions, the municipality must elect, by resolution, on or before the request for certification is filed, that all tax increments for the district or subdistrict will be used exclusively to pay (1) project costs for the site and (2) administrative costs for the district or subdistrict. The district or subdistrict must be decertified when an amount of tax increments equal to no more than three times the costs of implementing the response action plan for the site and the Cleanup v FY06-07 administrative costs for the district or subdistrict have been received, after deducting the amount of the state grant. GRANT AWARD CRITERIA: Due to environmental contamination that has affected many communities throughout Minnesota, a large number of applicants apply for the contamination cleanup grants. The law allows DEED to make grants for sites that meet all the statutory requirements and for sites that provide the highest return in public benefits for the public costs incurred. In order to evaluate the applications for public benefits with respect to the costs incurred, the law specifies priorities which DEED must consider. The legislative priorities listed below have been assigned maximum point values in order to systematically award grants in each cycle: 1) The potential increase in the property tax base of the local taxing jurisdictions relative to the fiscal needs of the jurisdictions, which will result from developments that will occur because of completion of the approved response actions. Maximum = 25 points. 2) The social value to the community that will result from cleaning up and redeveloping the site. Social value includes the project's time frame, the number of new jobs, the importance of the proposed facilities and the removal of blighting influences at the site, the readiness of the project, the development potential and the financial health ofthe project. Maximum = 65 points. 3) MPCA review of the reduction or elimination of potential threat to human health and the environment due to cleaning that site. Maximum = 25 points. 4) The likelihood that the site will be cleaned without use of government money in the reasonably foreseeable future. Maximum = 10 points. 5) The amount of cleanup costs for the site. Maximum = 10 points. 6) The amount and level of the commitment of municipal or other local resources to pay for the cleanup costs. Maximum = 10 points. Cleanup VI