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Status Update Letter 9-3-08 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952,227,1100 Fax: 952.227.1110 Building Inspections Phone: 952,227.1180 Fax: 952.227.1190 Engineering Phone: 952,227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952,227.1120 Fax: 952,227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952,227.1400 Fax: 952,227.1404 Planning & Natural Resources Phone: 952,227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952,227.1300 Fax: 952,227.1310 Senior Center Phone: 952,227.1125 Fax: 952,227.1110 Web Site www.ci.chanhassen.mn.us September 3, 2008 Mr. Michael Baier Terry Bros., Inc. 1600 Arboretum Boulevard, Suite 101 P.O. Box 68 Victoria, MN 55386-0068 Re: Interim Use Permit Moon Valley - Planning Case #04-27 Dear Mr. Michael Baier: This letter is to request an update on the status of the Interim Use Permit, Planning Case #04-27, permitting grading, excavation and slope restoration at the Moon Valley site in Chanhassen. The status report should specify the portion of the approved grading, the measures employed for soil erosion control and the site restoration that has been completed to date. The interim use permit was approved for a period of five (5) years from the date of City Council approval (September 27, 2004). A copy of the Inte11m Use Permit is included for your information. The Interim Use Permit shall expire on September 27, 2009 unless an extension is requested in writing by July 27,2009. Annually, the grading permit must be renewed. Such permit shall specify the area of the site to be graded during that year. You must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. Proposed haul routes must be presented for review and approval. If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. Appropriate signage for hauling along Flying Cloud Drive is required. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. Stabilization of the site for this grading period shall be completed in accordance with the Industrial Storm Water permit. You must comply with all conditions of your Industrial Storm Water Permit as it applies to SIC 1422. At a minimum, you must stabilize all slopes 3:1 or greater and all other slopes with a positive gradient towards surface waters or off the site. Erosion control blanket must be installed as shown on the Grading, Drainage and Erosion Control Plan on all areas not being actively worked. Measures must be taken to prevent sediment deposition into the creek and into the ponds. Sediment should be removed from the ponds as needed to insure adequate capacity. All silt fence must be installed and in good repmr. Please contact Terry Jeffery at (952) 227-1168 to schedule an inspection of the site. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Michael Baier Terry Bros., Inc. September 3,2008 Page 2 All restored slopes shall be planted with trees. The trees shall be bare-root, native species, one- half to one-inch in diameter, five to ten-foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7-foot x 7-foot spacing). Spacing (feet) 5x5 6x6 7x7 8x8 10 x 10 Trees per acre 1,742 1,210 889 681 436 Prior to beginning site grading again, you will need to submit an application for a grading permit showing the area to be graded during the current phase and provide the required security for that phase of development. If you have any questions or need additional information, please contact me at (952) 227-1131 or Alyson Fauske, Assistant City Engineer at (952) 227-1164. I have attached a development review application and an earthwork permit application for your use. Si~cerel. .~.~ ~ /"'.1, ' ., :/ ~ Robert Generous, AICP Senior Planner ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Terry Jeffery, Water Resources Coordinator cc: Dan Herbst, The Pemtom Land Company Beatrice Zwiers, Moon Valley Aggregate Enclosures g:\plan\2004 planning cases\04-27 - moon valley gravel mine iup\2008 status letter.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES INTERIM USE PERMIT #04-27 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use to grade portions of the Moon Valley Aggregate site. 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: All that part of Government Lot 1, Section 36, Township 116, Range 23, Carver County, Minnesota, which lies northerly of Trunk Highway No. 212; and, 27 acres in the west half of northeast IA south of the railroad and north of Trunk Highway No. 212, Section 36, Township 116, Range 23, Carver County, Minnesota; 1 acre in Government Lot 3 north of Trunk Highway 212 being that part of the northwest 1/4 of the northeast 1/4 and the northeast 1/4 of the northwest 1/4 in Government lots 2 & 3, Section 36, Township 116, Range 23, Carver County, Minnesota. 3. Conditions. The permit is issued subject to the following conditions: a. The interim use permit shall be approved for a period of five (5) years from the date of City ~f'\1l"'011 f")-n.T"\""'r'\u~l AY\YloH01h:r tho. n-""'f")r1';,..,rr -nCU....-v'\1... YY\l"1C"t- h.o. -rn"Y'\.onll::Jorl Tho. 0"'T"\111"""00"Y'\t "'1"'11111 YU3.orl '--"'VU-H\........l u.PP.lVYU.1. rl.lHJULU.lY, \..11\./ &U.\.UU51'v.l.HllL .l.1.1UOL v\,..t .1. \...tl 1\..1 VY \..A..l. ~U\..t upt'.l.l\..tUUl. \lVl11 l1\...t\..tU to request a formal extension 60 days prior to the expiration date of the permit. b. The existing buildings and outbuildings and any septic system or wells on site shall be abandoned in accordance with City and/or State codes. c. The applicant shall perform a Phase I Environmental Audit of the property to determine if the gun range or other site operations have environmentally impacted the property. d. The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. e. Permits from the appropriate regulatory agency must be obtained; including but not limited to the MPCA and MnDOT. f. Details for the proposed pond outlets shall be submitted for review by the City. 1 g. On-site ponding shall be adjusted, if necessary, at the time of site development to meet the City's requirements for proposed build-out conditions. If erosion control measures installed in conjunction with this interim use permit are deemed by the City to be ineffective, the City shall inform the applicant in writing of any deficiencies. The applicant shall work with the city to remedy the deficiencies in a timely manner. h. Stabilization of the toe (first 150 feet of the slope) shall be completed immediately upon final grade. Stabilization shall be done in phases. Large portions of the site shall not be left exposed over weekends or during forecasted heavy rains. The slopes shall be tracked with a dozer at all times. The dozer shall be run perpendicular to the slope to track the slope. 1. The northeast "corner" of the slope (north of soil boring 18, south of soil boring 14 and in-between soil borings 10 and 15) shall be stabilized so as to promote long term stability. This may include a terrace, turf reinforcement mat and slope drain. J. All blankets installed on site shall be properly applied. The blankets shall make 100% contact with the soil, stapled according to manufacturer's specifications, and head trenched. k. Geotextile and riprap or geogrids or other approved stabilization shall be used to provide toe protection. 1. The seed mix specified (MN DOT 500) shall be changed to MN DOT Native mix 340 (Sandy Mid Height, dry conditions -i.e. south facing slope). An application rate of 16 pounds per acre is recommended (20 pounds per acre for hydoseeding or broadcasting). m. Silt fence shall be installed at least 25 feet away from the toe of the slope to provide storage and allow the silt fence to function properly. As stated on the plan, the temporary sediment basins shall be installed prior to grading activities. Berms may be needed to divert runoff into the basins along TH 212. n. The applicant must provide a proposed haul route for review and approval. o. If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. p. All disturbed areas as a result of construction are required to be reseeded and mulched within two weeks of site grading. q. The applicant must pay the City an administration fee of $7,124.00 prior to the City signing the permit. r. Add the benchmark to the plan that was used for the site survey. 2 s. End the grading on the eastern side of the creek at the proposed high-point elevation in the usable area of 756. t. In the future, when a development proposal is submitted, drainage and utility easements over the ponds and creek will be required. u. Add Type 1 silt fence in the southeast comer of the site around the grading limits and around the proposed pond outlet v. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. w. Appropriate signage for hauling along TH 212 is required. x. Tree preservation fencing must be installed at the edge of grading limits. y. MNDOT Native Mix 340 be used for the seeding Z. All restored slopes shall be planted with trees. The trees shall be bare-root, native species, one-half to one-inch in diameter, five to ten foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). Spacing (feet) 5x5 6x6 7x7 8x8 lOx 10 Trees per acre 1,742 1,210 889 681 436 aa. A driveway access to 230 & 240 Erie A venue must be maintained at all times during construction. bb. Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie A venue. cc. The harvesting of timber shall be limited to the area within the grading limits. dd. The applicant's engineer must work with City staff to revise the drainage calculations per City standards and NURP requirements. 4. Termination of Permit. The City may revoke the permit following a public hearing 3 for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: September 27, 2004 CITY OF CHANHASSEN By: Thomas A. Furlong, Mayor By: Todd Gerhardt, City Manager STATE OF MINNESOTA) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2004, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 4