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w 5.•» T>wm. <br />:-r. <br />soils may remain in an undisturbed state, the engineer recommends <br />seeding to be completed on or about the 15th day of the month of <br />May, June, September, October and November. Unfinished side <br />slopes to be graded and seeded periodically during those periods <br />but the top of the fill area would remain unseeded until finished <br />elevation is reached. The process of seeding the disturbed side <br />slopes would also prevent erosion during the period of filling. <br />Review Resolution #2526, Exhibit J. The resolution sets lorth <br />special procedures developed by the Planning Commission in the <br />1988 review. Pilling activities were not to be conducted during <br />6:30 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. Prior to the <br />fill project an Orono Police representative was to be present at <br />a pre-construction meeting. <br />Review of Current Application <br />Mr. Eisinger has filed a renewal application so that he may <br />receive approximately 3,000 to 5,000 cubic yards of fill from the <br />City facility site on the north side of Highway 3 2. To staff's <br />knowledge, Mr. Eisinger has no other prospect for the receipt of <br />free fill, although he has noted that the State Highway <br />Department will have additional fill (approximately 2 to 3 <br />thousand cubic yards) sometime in 1992-1993 as a result of <br />planned improvements within the immediate area. Once again, the <br />amounts are noted at a few thousand, no where near the original <br />100.000 cubic yards proposed in the former conditional use <br />permit. Applicant may be best advised to amend the conditional <br />use permit to 10,000 cubic yards (1,000 dump truck loads) to be <br />completed over a two year period of time. The City should not be <br />asked to approve maximum of a 100,000 cubic yards when the <br />applicant himself acknowledges that there is no apparent supply <br />of free '1. Mr, Eisinger is aware of only two projects where <br />fill may become available within the next two years. But once <br />again there is no guarantee that the MnDot project will provide <br />free fill if there is an available buyer. This is what happened <br />with the original proposals of 1987 and 1988. The City of Orono <br />has guaranteed Mr. Eisinger the 3,000 to 5,000 cubic yards of <br />fill. The permit may be written to allow a total receipt of <br />10.000 cubic yards to cover potential receipt of fill from MnDot. <br />As in the earlier conditional use permits, the applicant <br />will be responsible for executing a Developer's Agreement and <br />providing a Letter of Credit to ensure completion of project and <br />grading and seeding during fill process (if fill remains in an <br />undisturbed state for over 60 days). In the current application <br />Mr. Eisinger is the sole applicant and is not joined by a <br />construction company as before. As a result, Mr, Eisigner will <br />be responsible for obtaining necessary permit approvals from the <br />MCWD and updating all previous permits issued by the DNR, MPCA <br />and Hennepin County Department of Environment and Engineering. <br />Please review Exhibit K, Olson has recommended that fill <br />first be placed in low areas to minimize undermining of surface <br />drainage and that remaining fill be placed uniformly over the <br />entire fill area. Seeding was to be completed immediately to <br />9m