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Approval Letter 9-29-09 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 29, 2009 Mr. Michael Baier Terry Bros. Moon Valley, LLC 530 West 79th Street P.O. Box 340 Chanhassen, MN 55317 Re: Moon Valley, Planning Case #09-14 Dear Mr. Baier: This letter is to confirm that on September 28, 2009, the Chanhassen City Council approved Interim Use Permit, Planning Case #09-14, to permit grading, excavation and slope restoration as proposed on the plans prepared by Sathre- :6ergquist, Inc., dated 7/30/09, subject to the following conditions: 1. The interim use permit shall be approved for a period of ten (10) years from the date of City Council approv.al. The applicant will need torequest a formal extension 60 days prior to the expiration date of the interim use permit. .... -.. -. ..,' -----,-_.-,-~_::"<--,_:<-,-,.-:,.,--<<':,---,--, ':-,'.-,-' '"',,,'.'<-, . '. . 2. Permits from the appropriate regulatory agency must be obtained; including but not limited to the Minnesota Pollution Control Agency, Lower Minnesota River Watershed District and Carver County. .....-'.,...:....:....,:.:....'...,.,'.< 3. The applicant must submit a phasing plan: This information shallbesubmitted annually a minimum of 30 days before the anniversary of City Council approval. . .., ".' .. .. .. ... 4. An administration fee shall be collected each year and shall be based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from theUhiform Building Code Appendix, Chapter 33. 5. The applicant must subnrit asummaryofthe quantity of material that has been removed from the site andthequantityof.remaining material. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow Mr. Michael Baier September 29, 2009 Page 2 6. Grading on the east side of the creek must cease at or above the 756-foot contour; this must be reflected on the next plan submittal. 7. The applicant must provide the City with a cash escrow or letter of credit in the amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance with the interim use permit. The amount of the security shall be established annually and shall be submitted by the anniversary date of City Council approval. 8. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or legal holidays. 9. Grading on the east side ofthe creek must cease at or above the 756-foot contour and all disturbed soils must be permanently stabilized and restored in accordance with the Restoration Plan as specified in the Grading, Drainage, and Erosion Control Plan dated August 8, 2004. 10. If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. 11. Type II, reinforced silt fence must be installed and maintained .at the northwest comer of project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type II silt fence must be reinforced using sediment logs, wire-backing, or other effective Best Management Practice. 12. Exposed, unworked soils must continue to be stabilized with temporary or permanent stabilization BMPs in accordance with the construction sequencing as stated in the Grading, Drainage, and Erosion Control Plan. 13. Exposed, unworked erodible soils with positive slopes must continue to be stabilized using erosion control blanket or alternate effective BMPs according to the Grading, Drainage, and Erosion Control Plan. 14. All other sediment and erosion control measures must be in place and maintained according to the Grading, Drainage and Erosion Control Plan dated August 8, 2004, and phasing plan to be submitted by applicant. 15. Tree preservation fencing must be installed at the edge of grading limits. 16. No tree removal is allowed beyond the 756-foot contour on the east side of the creek. Mr. Michael Baier September 29, 2009 Page 3 17. MnDOT Native Mix 340 must be used forthe seeding. 18. All restored slopes shall be planted with trees. The trees shall be bare-root, native species, one-half to one-inch in diameter, five to ten-foot spacing in a random pattern from the top to the toe of the slope. The approximate number of trees needed is 20,000 (7' x 7' spacing). Spacing Trees per (feet) acre 5x5 1,742 6x6 1,210 7x7 889 8x8 681 !Ox 10 436 19. A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. 20. Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie Avenue. 21. Grading west of the unnamed creek shall not commence until the grading on the existing mining operation and site restoration has been completed east of the creek. Please submit a revised plan showing the limit of grading at the 756 contour. After the submittal of the revised plan, staff will work with you to determine the amount of security that will be required with the next phase of your operation. If you have any questions or need additional information, please contact me at (952) 227-1164 or afauske@ci.chanhassen.mn.us or Bob Generous at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Sincerely, ~~k Alyson Fauske Assistant City Engineer c: Beatrice Zwiers, Moon Valley Aggregate ec: Kate Aanenson, Community Development Director Todd Gerhardt, City Manager Paul Oehme, City Engineer g:\plan\2009 planning cases\09-14 moon valley interim use permit\approvalletter.doc