Council approves interim use permit for Wayzata Boulevard grading to contain contaminated soils

The Orono City Council on Aug. 12 approved an interim use permit (IUP) permitting large‑scale grading and on‑site containment of contaminated soils at 3245 Wayzata Boulevard. Council voted 5–0 to allow the applicant to proceed under conditions required by the Minnesota Pollution Control Agency (MPCA) and the Minnehaha Creek Watershed District.

Community development staff presented the application as a remedial grading plan that would excavate roughly 5.5 acres of contaminated material, consolidate waste into an on‑site berm covering about 4.2 acres and spread clean fill on the north portion of the lot to create buildable space later. Staff estimated the work would involve about 67,000 cubic yards of excavation and said the application does not propose new buildings or infrastructure at this time.

"The applicant requests an interim use permit for grading and for creation of this berm for containment of the contaminated soil," community development staff Laura told the council, noting coordination with MPCA and the watershed district and the planning commission’s conditional recommendation for approval.

The council and staff emphasized MPCA constraints on slope and wetland impacts. Staff said MPCA limits the berm to a 25% slope; council members asked what that meant for berm height. "Forty feet would be the tallest point," staff said, adding an average height around 36 feet depending on location.

The applicant, Kelsey Thompson, said the priority is environmental cleanup and that a detailed response action plan prepared with consultant Stantec is under MPCA review. "We're just really looking to clean up the environment, and work with the MPCA, their best practices, to do the site cleanup," Thompson said, adding that if unexpectedly more contamination is found the plan could require hauling material off‑site and would be amended with haul‑route plans as needed.

Council members asked about tree removal, hauling contingencies and assurances that the berm would not exceed the approved plan; staff said the planning commission conditioned approval on the berm being built to the submitted plan and that amended plans would be required if site conditions forced larger work.

A motion to approve the proposed IUP with the identified conditions was made, seconded and carried unanimously, 5–0. The council clarified that the city’s jurisdiction covers the IUP for grading while MPCA and the watershed district retain primary regulatory authority over contaminated soils and wetland management.

The council packet includes a draft resolution authorizing the IUP; staff said further permitting and MPCA approvals will be required before grading begins.