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IUP for Recording CITY OF CHANHASSEN LETTER OF TRANSMITTAL ENGINEERING DEPARTMENT 7700 Market Boulevard DATE JOB NO. P.O. Box 147 9/26/19 PC 2019-09 CHANHASSEN, MN 55317 ATTENTION (952) 227-1160 FAX (952) 227-1170 Jean Olson RE: Moon Valley Gravel Pit TO: Campbell Knutson PA Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/23/19 2019-09 Interim Use Permit THESE ARE TRANSMITTED as checked below: ❑ For approval ® Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Please contact Bob Generous at 952-227-1131 or bgenerous@ci.chanhassen.mn.us with any questions regarding the attached. Thank you. COPY TO: SIGNED: Jean Steckling, (952 -1106 If enclosures are not as noted, kindly notify us at once. 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 10 x 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: 6:,(44-( Elise Ryan, Mayor By: "14/ I lk Tod• er ardt, City Manager STATE OF MINNESOTA) (ss COUNTY OF CARVER ) h The foregoing instrument was acknowledged before me this S day of So Q eY1r16P,r 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. ‘---1})tAL I Notary is DRAFTED BY: City of Chanhassen 7'1.A KIM T. MEUWISSEN 7700 Market Boulevard .'y,� Notary Public-Minnesota ' My Commission Expires Jan 31,2025 P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 \\cfs5\cfs5\shared_data\plan\2019 planning cases\19-09 moon valley gravel pit iup\interim use permit-2019-09.docx 5