Interim Use Permit Recorded
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Soren M. Mattick
John F. Kelly
Henry A. Schaeffer, HI
Alina Schwartz
Samuel J. Edmunds
Marguerite M. McCarron
1380 Corporate Center Curve
Suite 317 . Eagan, MN 55121
651-452-5000
Fax 651-452-5550
www.ck-Iaw.com
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CAMPBELL KNUTSON
Association
***
Direct Dial: (651) 234-6222
E-mail Address:snelson@Ck-law.com
November 11, 2009
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
RECEIVED
NOV 1 6 2009
CITY OF CHANHASSEN
RE: CHANHASSEN - MISe. RECORDED DOCUMENTS
~ Interim Use Permit # 09-14 - Moon Valley Aggregate Site at
100 Flying Cloud Drive - Planning Case No. 09-14
(Part of Government Lot 1, Section 35-116N-23W which lies
northerly of Flying Cloud Drive, et al. - Parcel ID No. 25.0360200)
Dear Kim:
Enclosed for the City's files please find original recorded Interim Use Permit #09-14
to grade portions of the Moon Valley Aggregate site located at 100 Flying Cloud
Drive. The interim use permit was recorded with the County on October 13,2009 as
Abstract Document No. A509100.
Regards,
CAMPBELL KNUTSON
Professional Association
SRN :ms
Enclosure
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CARVER COUNTY
RECORDER/REGISTRAR OF TITLES
DOCUMENl Document No. OFFICE OF THE
COUNTY RECORDER
A.509100 CARVER COUNTY, MINNESOTA
Fee: $46.00 Receipt#:
Certified Recorded on 10/1312009 at 02:45 0 A~M
509100
1IIIIIImli
:;"~':ENT ~f~~/~ It-k /W-
DOf;lJMENT
DATE: .
NAMES:
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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 ofthe 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 % 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 % and the northeast 1,4 of the northwest % 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.
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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 comer 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).
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Svacing (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 Penaltv. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
Dated: September 28, 2009
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CITY OF CHANHASSEN
By:
By:
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( 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
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DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
I
KAREN J. ENGELHARDT'
Notary Public-Minnesota
My Commission roo JlIlil 3112010
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