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Interim Use Permit 09-14 Recording Transmittal 10-1-09 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 LETTER OF TRANSMITTAL DATE 10/1/09 ATTENTION Sue Nelson RE: Document Recordin JOB NO. 09-1.4 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU [8] Attached 0 Under separate cover via the following items: o Shop drawings o Copy of letter o Prints o Change Order o Plans 0 Samples 0 Specifications o Pay Request 0 _ COPIES DATE NO. DESCRIPTION 1 9/28/09 09-14 Interim Use Permit 09-14 (Moon Valley) THESE ARE TRANSMITTED as checked below: o For approval o For your use o As requested o Approved as submitted o Approved as noted o Resubmit copies for approval o Submit copies for distribution o Returned for corrections o Return corrected prints o For review and comment [8] For Recording o FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Michael Baier, Terry Bros. Moon Valley, LLC Beatrice Zwiers, Moon Valley Aggregates, Inc. If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES INTERIM USE PERMIT #09-14 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 Flying Cloud Drive; and, 27 acres in the west half of northeast 1,4 south of the railroad and north of Flying Cloud Drive, Section 36, Township 116, Range 23, Carver County, Minnesota; 1 acre in Government Lot 3 north of Flying Cloud Drive 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 ten (10) years from the date of City Council approval. The applicant will need to request a formal extension 60 days prior to the expiration date of the interim use permit. b) 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. c) The applicant must submit a phasing plan. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. d) 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 the Uniform Building Code Appendix, Chapter 33. e) The applicant must submit a summary of the quantity of material that has been removed from the site and the quantity of remaining material. This information shall be submitted annually a minimum of 30 days before the anniversary of City Council approval. f) 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. 1 g) 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. h) 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. i) Grading on the east side of the 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. j) If the excess material is hauled to another site in Chanhassen, a separate grading permit will be required for the other property. k) Type IT, reinforced silt fence must be installed and maintained at the northwest corner of project, and in all areas specified in the Grading, Drainage, and Erosion Control Plan. Type IT silt fence must be reinforced using sediment logs, wire-backing, or other effective Best Management Practice. 1) 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. m) 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. n) 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. 0) Tree preservation fencing must be installed at the edge of grading limits. p) No tree removal is allowed beyond the 756-foot contour on the east side of the creek. q) MnDOT Native Mix 340 must be used for the seeding. r) 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). 2 Spacing (feet) Trees per acre 5x5 1,742 6x6 1,210 7x7 889 8x8 681 lOx 10 436 s) A driveway access to 230 & 240 Erie Avenue must be maintained at all times during construction. t) Submit a plan showing a permanent driveway access alignment for 230 & 240 Erie A venue. u) 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. 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. Dated: September 28, 2009 3 CITY OF CHANHASSEN By: By: Todd Gerhardt, City Manager STATEOFMINNESOTA ) ( ss ) The foregoing instrument was acknowledged before me this Isr day of ~, 2009, 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. COUNTY OF CARVER c(j~ DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 I KAREN J.ENGElHARDT , Notary PUblic-Minn.esota. . My Commission ExpIr6fl Jai'l31;2010 4