IUP - Recorded 10-3-19 CAMPBELL KNUTSON
PROFESSIONAL ASSOCIATION
October 21, 2019
Roger N.Knutson
Elliott B. Knetsch
Joel J.Jamnik Ms. Jean Steckling
Andrea McDowell Poehler City of Chanhassen
Soren M.Mattick 7700 Market Boulevard
Henry A.Schaeffer,III P.O. Box 147
Alina Schwartz
Shana N. Conklin Chanhassen, MN 55317
Amy B.Schutt
James J.Monge,III Re: Miscellaneous Recordings
Jerome M.Porter
David S.Kendall
Kurt S.Fischer Dear Ms. Steckling:
Thomas J.Campbell*
Please find enclosed, for the City's files, the following documents that have been
*Retired recorded with Carver County:
1. • Site Plan Agreement#2019-04 with Bauer Design Build, LLC recorded on
September 23, 2019 as document numbers T211110 and A683466;
2. mite Plan Agreement#2019-06 with LTF Real Estate Copany recorded
September 23, 2019 as document numbers T211109 and A683465;
3. interim Use Permit#2019-09 regarding Moon Valley Aggregate site
recorded October 3, 2019 as document number A683996;
4. Wariance 2019-10 recorded September 23, 2019 as document number
T211108;
5. Wariance 2019-12 recorded October 3, 2019 as document number A683994.
Thank you.
Very truly yours,
CAMPBELL KNUTSON CITY OF CHANHASSEN
Professional Association RECEIVED
OCT 24 2019
CHANHASSEN
Jean vIP,
, egal Assistant PLANNING DEPT
Grand Oak Office Center 1 /Jim
860 Blue Gentian Road
Suite 290 Enclosures
Eagan,Minnesota 33121
Main:651-432-5000
lax:631-234-6237
ck-laic.com
202980v3
Document#: A683996
Date: 10-03-2019 Time 1:53 PM Pages: 6
Recording Fee: $46.00
Paid on 10-03-2019
County: Carver State: MN
Requesting Party: CAMPBELL KNUTSON PA
Kaaren Lewis
County Recorder
CITY OF CHANHASSEN
RECEIVED
OCT 242019
CHANHASSEN PLANNING DEPT
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
•
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 '/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.
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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.
0 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.
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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
7x7 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
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CITY OF CHANHASSEN
t. h
,1 1111111 •
Jofit
. ,Tt'
': � � ' By:
l'I '= , Elise Ryan, Mayor
•'} Todd-Ger ardt, City Manager
STATE OF MINNESOTA)
(ss
COUNTY OF CARVER ) hh
The foregoing instrument was acknowledged before me this 45 day of ervi ,,-
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.
4uJNotary is
DRAFTED BY: ,}r
City of Chanhassen ,9..- It, KIM T. MEUWISSEN
Notary Public-Minnesota
7700 Market Boulevard '}; My Commission Expires Jan 31,2025
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
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