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