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Recording Documents Transmittal 07-23-2010 CITY OF CHANHASSEN LETTER OF TRANSMITTAL PLANNING DEPARTMENT 7700 Market Boulevard DATE JOB NO. P.O. Box 147 7/23/10 10 -09 Pioneer Pass CHANHASSEN, MN 55317 ATTENTION (952) 227 -1100 FAX (952) 227 -1110 Sue Nelson RE: Document Recording TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 7/12/10 10 -09 Wetland Alteration Permit 10 -09 Pioneer Pass 1 7/12/10 10 -09 Conditional Use Permit/Variance 10 -09 Pioneer Pass 1 7/12/10 10 -09 Interim Use Permit 10 -09 Pioneer Pass THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FOR BIDS DUE El PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Mark Sonstegard, Ryland Homes Brent Hislop, Peterson - Jacques Farm Land Co., LLC SIGNED: Kim euwi en, (952) 227 -1107 If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA WETLAND ALTERATION PERMIT #10 -09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a wetland alteration pellnit for the following use: To fill and mitigate wetlands within the Pioneer Pass development. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Northeast Quarter of the Northeast Quarter, Section 27, Township 116, Range 23, Carver County, Minnesota and That part of the of the Southeast Quarter of the Northeast Quarter of Section 26, Township 116, Range 23 West, Carver County, Minnesota, lying northerly of the MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10 -43, according to the recorded plat thereof, Carver County, Minnesota. 3. Conditions. The Wetland Alteration Permit was approved subject to plans dated June 4, 2010 prepared by James R. Hill, Inc. and subject to the following conditions: a. Wetland I must be shown on the plans (18 -40). b. Mitigation Area #1 must be revised to equal the 20,909 square feet of new wetland credit approved in the 2006 wetland replacement plan. c. Wetland buffer must be extended around the mitigation area to achieve no less than 20,473 square feet and cannot include any portion of the pond. d. A detailed wetland alteration and replacement plan needs to be developed that meets the requirements of Minnesota Rules Chapter 8420.0528. this should include, at a 1 minimum: 1) Two cross - sectional views and a plan view; 2) A detailed planting schedule; 3) A detailed vegetation management schedule including any mowing, herbicide application, and performance goals (note: this should include the buffer area as well as the created wetland); 4) A discussion of the soils as it pertains to their adequacy in wetland creation; and 5) A discussion of hydrology as it is not conclusive that there will be adequate hydrology to take on wetland characteristics. e. A five -year monitoring plan must be developed and submitted to the City for review and comment per Minnesota Rules 8420.0810. This monitoring plan will require the placement of shallow water monitoring wells as the intent is to create a type 1 wetland. f. A letter of credit or other surety equal to 110% of the construction cost will be required. This can be released upon the issuance of a Certificate of Compliance with Wetland Replacement Plan. g. The wetland area should use BWSR seed mix WT1 for any temporary seeding. h. An as -built survey must be provided to the City for review and approval prior to final seeding of the area. i. Yellow tags shall be provided to the City after the area has been seeded. j. The planting schedule and vegetation management plan shall incorporate the buffer area as well. k. The selected contractor and applicant must also provide the City with a signed Board of Soil and Water Resources "Contractors Responsibility and Landowner Statement Form. 4. Termination of Permit. The City may revoke the permit following a public hearing 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. 2 Dated: July 12, 2010 CITY OF CHANHASSEN By: 4 7- 1 Thomas A. Furlong, Mayo SEAL. By: odd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this aZ34ay of,__ L _ , 2010, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the Cit, • f Cha of assen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to a thority granted by its City Council. 41PA 1 i 7rary Pubs DRAFTED BY: City of Chanhassen "` a KAREN J. ENGELHARDT 7700 Market Boulevard �''•n Notary Public Minnesota P.O. Box 147 ' . ,)".4 My Commission Expires Jan 31, 2015 Chanhassen, MN 55317 (952) 227-1100 g: \plan\2010 planning cases \10 -09 pioneer pass \wap.doc 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES CONDITIONAL USE PERMIT AND VARIANCE #10 -09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit to permit development within the Bluff Creek Overlay District with a Variance for encroachment into the Primary Zone to grade and construct a stormwater pond and wetland mitigation in conjunction with the Pioneer Pass development. 2. Property. The permit is for the following described property ( "subject property ") in the City of Chanhassen, Carver County, Minnesota: 'Northeast Quarter of the Northeast Quarter, Section 27, Township 116, Range 23, Carver County, Minnesota and That part of the of the Southeast Quarter of the Northeast Quarter of Section 26, Township 116, Range 23 West, Carver County, Minnesota, lying northerly of the MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10 -43, according to the recorded plat thereof, Carver County, Minnesota. 3. Conditions. The permit is issued subject to plans dated June 4, 2010 prepared by James R. Hill, Inc. and subject to the following conditions: a. Wetland must be protected at all times from impact. b. Every reasonable effort must be made to avoid impacting more area than need be. Where desirable native vegetation is present, avoidance should occur unless to do so would prevent the applicant or their agent from fulfilling the intent of the encroachment. c. Signage shall be posted at the property corners indicating the Bluff Creek Overlay District boundaries. The applicant and City shall work together to best determine location, aesthetic and message. 1 d. Bluff Creek shall be shown and identified on the plan set. e. Vegetative enhancement will be needed within the Bluff Creek Overlay District in addition to the mitigation area. This area shall be planted with a native seed mix appropriate to the area. Trees shall be planted on the south side of the pond for temperature control as well as screening from the residences. f. The SWPPP, erosion control and grading plans shall be revised to include all erosion and sediment best management practices. g. The outlet for Pond 6 is to be moved so that the discharge point is approximately 75 feet from the proposed location. The FES can then be pulled back so it remains outside of the BCOD. Energy dissipation and soil stabilization best management practices such as ScourStopTM, Erosion Control Blanket P42TM or similar shall be used in addition to rip - rap (18 -62). h. The applicant shall develop a restoration plan including native plants for the Bluff Creek Overlay district north of Block 1. The plant species shall be selected from the Bluff Creek Management Plan Appendix C. The final plan must be reviewed and approved by the city before installation. i. Signage for the Bluff Creek Overlay District must be posted on every other property corner and at major lot angle changes where residential yards meet the primary zone. 4. Termination of Permit. The City may revoke the permit following a public hearing 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. 2 Dated: July 12, 2010 CITY OF CHANHASSEN By: ( --, A Thomas A. Furlong, Ma 41 By: odd Gerhar t, ity Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this a 3A tday of ,-- = -'- , 2010, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the Cit ff Chat assen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. .., Notary ' u . lic DRAFTED BY: City of Chanhassen 7700 Market Boulevard : KAREN J. ENGELHARDT P. O. Box 147 Notary Public - Minnesota ry My Commission Expires Jan 31, 2015 Chanhassen, MN 55317 (952) 227 -1100 g: \plan\2010 planning cases \10 -09 pioneer pass \cup with variance.doc 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA INTERIM USE PERMIT #10 -09 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an interim use permit for the following use: Interim Use Permit to allow site grading prior to final plat approval based on the plans prepared for the Pioneer Pass development. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Northeast Quarter of the Northeast Quarter, Section 27, Township 116, Range 23, Carver County, Minnesota and That part of the of the Southeast Quarter of the Northeast Quarter of Section 26, Township 116, Range 23 West, Carver County, Minnesota, lying northerly of the MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10 -43, according to the recorded plat thereof, Carver County, Minnesota. 3. Conditions . The permit is issued subject to plans dated June 4, 2010 prepared by James R. Hill, Inc. and the following conditions: a. A SWPPP specific to this site shall be prepared and submitted to the City and Carver SWCD (18 -40). b. The erosion control and grading plan must be amended per Preliminary Plat comments. c. The Wetland Alteration Permit conditions must be met. d. A phasing and sequence plan must be prepared and submitted. 1 e. The grading operations must follow the preliminary grading plan as approved by City Council. f. The applicant must submit a $36,500 erosion control security before grading can commence. g. The applicant must obtain permission for any off -site grading. h. Tree protection fencing shall be installed prior to construction around all areas designated for preservation and /or at the edge of proposed grading limit. i. Permits from the appropriate regulatory agencies will be required, including the MPCA, NPDES, Dept. of Health, Carver County, MnDOT and Watershed District. j. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. k. Erosion control measures must be installed and inspected prior to grading. 4. Termination of Permit. The City may revoke the permit following a public hearing 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. 2 Dated: July 12, 2010 CITY OF CHANHASSEN By: 1 E, I The • as A. Furlong, Mayor By: / / odd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this , AJi'Qday of A� 1 2010, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the Ci f f Ch .# assen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Not. ublic 1 DRAFTED BY: City of Chanhassen 7700 Market Boulevard • «e KAREN J. ENGELHARDT P. O. Box 147 a`", Notary Public- Minnesota Chanhassen, MN 55317 �``:• °'P My Commission Expires Jan 31, 2015 (952) 227-1100 g: \plan\2010 planning cases \10 -09 pioneer pass\iup.doc 3