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Letter to Terry Brothers Moon Valley 03-15-20130 March 15, 2013 CITY OF Re: Moon Valley — Planning Case #2009 -14 C luu�l�wSE Mr. Michael Baier 7700 Market Boulevard Terry Bros. Moon Valley, LLC PO Box 147 530 West 79 Street Chanhassen, MN 55317 P.O. Box 340 Engineering Chanhassen, MN 55317 Administration Phone: 952.227.1100 Re: Moon Valley — Planning Case #2009 -14 Fax: 952.227.1110 Dear Mr. Baier: Building Inspections Phone: 952.227.1180 Fax: 952.2271190 This letter is intended to confirm with you the status of the Moon Valley mining operation and its compliance with the conditions of approval. Engineering Phone: 952.227.1160 As a condition of approval, you were to prepare a revised grading plan showing , Fax: 952.227.1170 grading on the east side of the creek ending at or above the 756 -foot contour. This change must then be tied into the grading on the north and south side of the mining Finance area. The city has not received this revised grading plan. Phone: 952.227.1140 Fax: 952.227.1110 Annually, you must submit a phasing plan showing the status and location of mining Park & Recreation operations proposed for a given phase /year. Phone: 952.227.1120 Fax: 952.227.1110 Annually, you must pay an administration fee based on the number of cubic yards of material being graded as identified in the phasing plan. The fees are taken from the Recreation Center 2310 Coulter Boulevard Uniform Building Code Appendix, Chapter 33 (copy attached). Phone: 952.227.1400 Fax: 952.227.1404 Annually, you must submit a summary of the quantity of material that has been removed from the site and the quantity of remaining material. Planning & Natural ources Re s R Phone: l Res 71130 Annually, you must provide the City with a cash escrow or letter of credit in the Fax: 952.227.1110 amount of 110% of the construction costs for the appropriate phase of the grading operations to guarantee erosion control measures, site restoration, and compliance Public Works with the interim use permit. The city currently retains a partial security. 7901 Park Place Phone: 952.227.1300 As part of the environmental audit for the mining operation, two undocumented wells Fax: 952.227.1310 were found on the property. These well were to be properly abandoned. The city has no record of these wells being sealed. You need to provide documentation that this Senior Center has in fact occurred. Phone: 952.227.1125 Fax: 952.227.1110 Site restoration must be done as part of each phase of the mining operation. All Web Site restored slopes shall be planted with trees. The trees shall be bare -root, native www.ci.chanhassen.mn.us 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). Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow Mr. Michael Baier March 14, 2013 Page 2 Spacing (feet) Trees per acre 5 x 5 1,742 6 x 6 1,210 7 x 7 889 8x8 681 10 x 10 436 Storm water ponding for the project needs to be verified. After you have received this letter, you should contact the city by April 1, 2013 to schedule a meeting with city staff to discuss the Moon Valley mining operation. If you have any questions or need additional information, please contact me. I can be reached at (952) 227 -1131 or by email at bizenerousnci.chanhassen.mn.us Sincerely, Robert Generous, AICP Senior Planner RG:kz c: Beatrice Zwiers ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Terry Jeffery, Water Resources Coordinator Jill Sinclair, Natural Resources Coordinator Enclosure gAplan\2009 planning cases \09 -14 moon valley interim use permit \status letter 3- 15- 13.doc 1997 UNIFORM BUILDING CODE 3309.3 Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clar- ity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the fol- lowing information: 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and fill. 3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4572 mm) of the proposed grading. 3309.9 Issuance. The provisions of Section 106.4 are applicable to grading permits. The building official may require that grading operations and project designs be modified if delays occur which incur weather- generated problems not considered at the time the permit was issued. The building official may require professional inspection and testing by the soils engineer. When the building official has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading. APPENDIX CHAPTER 33 SECTION 3310 - GRADING FEES 3310.1 General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. 3310.2 Plan Review Fees. When a plan or other data are re- quired to.be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in Table A -33 -A. Separate plan review fees shall apply to retaining walls or major drainage structures as re- quired elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. 3310.3 Grading Permit Fees. A fee for each grading permit shall be paid to the building official as set forth in Table A -33 -13. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facili- ties. TABLE A- 33- A- GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m or less ................................. ............................... No fee 51 to 100 cubic yards (40 m 3 to 76.5 m 3 ) ........................ ............................... $ 23.50 101 to 1,000 cubic yards (77.2 m 3 to 764.6 m 3 ) .................... ............................... 37.00 1,001 to 10,000 cubic yards (765.3 m 3 to 7645.5 m 3 ) ................ ............................... 49.25 10,001 to 100,000 cubic yards (7646.3 m to 76455 m $49.25 for the first 10,000 cubic yards (7645.5 m 3 ), plus $24.50 for each additional 10,000 yards (7645.5 m or fraction thereof. 100,001 to 200,000 cubic yards (76 456 m to 152 911 m $269.75 for the first 100,000 cubic yards (76 455 m 3 ), plus $13.25 for each additional 10,000 cubic yards (7645.5 m or fraction thereof. 200,001 cubic yards (152 912 m or more - $402.25 for the first 200,000 cubic yards (152 911 m plus $7.25 for each additional 10,000 cubic yards (7645.5 m or fraction thereof. Other Fees: - Additional plan review required by changes, additions or revisions to approved plans ............ $50.50 per hour* (minimum charge- one -half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equip- ment, hourly wages and fringe benefits of the employees involved. TABLE A -33 -13- GRADING PERMIT FEES' 50 cubic yards (38.2 m or less .. :............................ ............................... $23.50 51 to 100 cubic yards (40 m 3 to 76.5 m 3 ) ......................... ............................... 37.00 101 to 1,000 cubic yards (77.2 m to 764.6 m $37.00 for the first 100 cubic yards (76.5 m 3 ) plus $17.50 for each addition- al 100 cubic yards (76.5 m or fraction thereof. 1,001 to 10,000 cubic yards (765.3 m to 7645.5 m $194.50 for the first 1,000 cubic yards (764.6 m 3 ), plus $14.50 for each additional 1,000 cubic yards (764.6 m or fraction thereof. 10,001 to 100,000 cubic yards (7646.3 m to 76 455 m $325.00 for the first 10,000 cubic yards (7645.5 m plus $66.00 for each additional 10,000 cubic yards (7645.5 m or fraction thereof. 100,001 cubic yards (76 456 m or more - $919.00 for the first 100,000 cubic yards (76 455 m 3 ), plus $36.50 for each addi- tional 10,000 cubic yards (7645.5 m or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours.......................................... ............................... $50.50 perhour (minimum charge -two hours) 2. Reinspection fees assessed under provisions of Section 108.8 ................................... ............................... $50.50 perhour 3. Inspections for which no fee is specifically 2 indicated....................................... ............................... $50.50 per hour (minimum charge-one-half hour) 1The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 2 0r the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. H 1--405