Approval Letter w-IUP Doc CITY OF CHANHASSEN
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q NH ASS Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
September 24, 2019
Dan Zwiers
Moon Valley Aggregate, Inc.
11111 Deuce Road
Elko, MN 55020
Re: Planning Case#2019-09, Interim Use Permit
Dear Mr. Zwiers:
This letter is to notify you that on September 23, 2019,the Chanhassen City Council approved the Interim
Use Permit, Planning Case#2019-09, to permit grading, excavation and slope restoration as proposed on the
plans prepared by Sathre-Bergquist, Inc., dated July 26, 2019, subject to the following conditions:
Engineering
1. The interim use permit shall be approved for a period of five(5)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.
2. 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.
3. The applicant must submit a phasing plan. The phasing plan shall address the spent lime stockpile and
equipment removal. This information shall be submitted annually a minimum of 30 days before the
anniversary of City Council approval.
4. 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.
5. 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.
6. The applicant shall provide updated stormwater and drainage calculations that meet the requirements set
forth in Chapter 19 Article VII of City Code.
7. The applicant shall clean out the existing Pond 2 and the temporary sediment basin based on the
stormwater and drainage calculations and design of Pond 2 and the sediment basin.
8. 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
PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Dan Zwiers
September 24,2019
Page 2
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.
9. 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.
10. 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 July 26,2019.
11. If any excess material is hauled to another site in Chanhassen,a separate grading permit will be required
for the other property.
12. The new CSAH 61 will be rated for a 10-ton per axle road. All oversize/overweight loads leaving the
mining operation to the east must apply for Hennepin County Transportation OS/OW trip permits.
13. Machine-sliced or Hand-installed woven geotextile 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.
Machine-sliced or Hand-installed woven geotextile silt fence must be reinforced using sediment logs,
wire-backing, or other effective Best Management Practice and meet the specifications of MnDOT
Standard Specifications for Construction(Section 3886).
14. 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.
15. 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.
16. All other sediment and erosion control measures must be in place and maintained according to the
Grading, Drainage and Erosion Control Plan dated July 26,2019,and phasing plan to be submitted by the
applicant.
17. A driveway access to 230 and 240 Erie Avenue must be maintained at all times during construction.
18. 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.
19. The applicant must comply with all Carver County requirements and coordinate the mining activities with
Carver County.
Environmental Resources
1. Tree preservation fencing must be installed at the edge of grading limits.
2. No tree removal is allowed beyond the 756-foot contour on the east side of the creek.
3. MN State Seed Mix 35-621 shall be used for the seeding.
Dan Zwiers
September 24,2019
Page 3
4. 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). A minimum of 75%survival rate
for plantings must be achieved. Tree tubes are required for plantings.
Spacing(feet) Trees per acre
5 x 5 1,742
6 x 6 1,210
7x7 889
8x8 681
10 x 10 436
Miscellaneous
1. Permit holder must use and maintain accepted Best Management Practices for erosion control,
including but not limited to construction entrances to limit tracking or scaring of the new road
surface.
2. The new CSAH 61 will be rated for a 10-ton per axle road. All oversize/overweight loads leaving the
mining operation to the east must apply for Hennepin County Transportation OS/OW trip permits.
This permit is granted for a period of five(5)years from the date of City Council approval,until September
23, 2024. The applicant will need to request a formal extension 60 days prior to the expiration date of the
interim use permit. A phasing plan shall be submitted annually to the city a minimum of 30 days before
September 23rd of each year.
If you have any questions or need additional information, please contact George Bender, Assistant City
Engineer at(952)227-1164.
Sincere L�
Robert Generous,AICP
Senior Planner
ec: Kate Aanenson, Community Development Director
George Bender,Assistant City Engineer
Todd Gerhardt,City Manager
Erik Henricksen,Project Engineer
Jill Sinclair, Environmental Resource Specialist
Eric Tessman, Building Official
Chip Hentges,Carver County Soil and Water Conservation District
Carver County Public Works
Hennepin County Transportation Department
Mike Baier,Terry Brothers, Inc.
g:\plan\2019 planning cases\19-09 moon valley gravel pit iup\approval letter moon valley.docx
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
INTERIM USE PERMIT#2019-09
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:
Engineering
a) The interim use permit shall be approved for a period of five (5) 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. The phasing plan shall address the spent lime
stockpile and equipment removal. 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.
1
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) The applicant shall provide updated stormwater and drainage calculations that meet the
requirements set forth in Chapter 19 Article VII of City Code.
g) The applicant shall clean out the existing Pond 2 and the temporary sediment basin based on the
stormwater and drainage calculations and design of Pond 2 and the sediment basin.
h) 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.
i) 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.
j) 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 July 26,2019.
k) If any excess material is hauled to another site in Chanhassen, a separate grading permit will be
required for the other property.
1) The new CSAH 61 will be rated for a 10-ton per axle road. All oversize/overweight loads
leaving the mining operation to the east must apply for Hennepin County Transportation OS/OW
trip permits.
m) Machine-sliced or Hand-installed woven geotextile 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. Machine-sliced or Hand-installed woven geotextile silt fence must be reinforced
using sediment logs, wire-backing, or other effective Best Management Practice and meet the
specifications of MnDOT Standard Specifications for Construction(Section 3886).
n) 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.
2
o) 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.
p) All other sediment and erosion control measures must be in place and maintained according to
the Grading, Drainage and Erosion Control Plan dated July 26,2019, and phasing plan to be
submitted by the applicant.
q) A driveway access to 230 and 240 Erie Avenue must be maintained at all times during
construction.
r) 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.
s) The applicant must comply with all Carver County requirements and coordinate the mining
activities with Carver County.
Environmental Resources
1. Tree preservation fencing must be installed at the edge of grading limits.
2. No tree removal is allowed beyond the 756-foot contour on the east side of the creek.
3. MN State Seed Mix 35-621 shall be used for the seeding.
4. 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). A minimum
of 75% survival rate for plantings must be achieved. Tree tubes are required for plantings.
Spacing (feet) Trees per acre
5 x 5 1,742
6 x 6 1,210
7 x 7 889
8x8 681
10x 10 436
3
Miscellaneous
a) Permit holder must use and maintain accepted Best Management Practices for erosion
control, including but not limited to construction entrances to limit tracking or scaring of the
new road surface.
b) The new CSAH 61 will be rated for a 10-ton per axle road. All oversize/overweight loads
leaving the mining operation to the east must apply for Hennepin County Transportation
OS/OW trip permits.
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 Interim Use Permit is a criminal
misdemeanor.
Dated: September 23, 2019
4
CITY OF CHANHASSEN
By:
Elise Ryan, Mayor
By:
Todd Gerhardt, City Manager
STATE OF MINNESOTA)
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2019,by Elise Ryan,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.
Notary Public
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
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