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5.5. SR 04-04-2011REQUEST FOR ACTION fiver To Item Number Ma or & Ci Council 5.5. Agenda Section Meeting Date Prepared by Administration April 4, 2011 Rebecca Haug, Environmental Administrator Item Description Reviewed by Request for a Negative Declaration on the Need for an EIS for Lori ohnson, Ci Administrator Plaisted Companies Sand & Gravel Mining Operation EAW Reviewed by Action Requested Staff is recommending adoption of the attached resolution declaring a negative declaration on the need for an EIS for the Plaisted Companies request. Background/Discussion Included in your packet is a copy of the Environmental Assessment Worksheet (EAW) for the Plaisted Companies Sand and Gravel Mining Operation request. The purpose of the EAW is to describe the project and gather information to identify any potential environmental effects. The City Council for the City of Elk River is the Responsible Governmental Unit (RGU) charged with determining from the information gathered through the EAW process, whether or not this project has significant potential to cause irreversible environmental effects. If the Council feels there is a significant potential to cause irreversible environmental effects, they shall order an Environmental Impact Statement (EIS) be prepared for the project. To make their decision the Council will consider the following information: the EAW itself, comments received on the EAW, and the responses to the comments received. The Council shall order an Environmental Impact Statement be prepared, if they determine that the impacts that may reasonably be expected by the project have the potential for significant environmental effects. The Council shall consider the impacts of the project under the following criteria: • type, extent, and reversibility of the environmental effects; • cumulative potential effects of related or anticipated future projects; • extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and • extent to which environmental effects can be anticipated and controlled as a result of other environmental studies. Written comments were received from the Minnesota Pollution Control Agency (MPCA), Sherburne Soil & Water Conservation District (SWCD), Minnesota Department of Natural Resources (DNR), and the Minnesota Department of Transportation (MNDOT). This area is property which was included in the 1994 EIS Gravel Mining Study. N:\Public Bodies\City Council\Council RCA\Agenda Packet\04042011 \Plaisetd.docx Staff feels that the EAW accurately describes the project and the potential environmental effects. Mitigation measures to reduce the environmental effects have been identified by the EAW and will be incorporated into the plans for the project. Financial Impact N/A Attachments • Copy of the Plaisted Companies Sand and Gravel Mining Operation EAW • Comment letters from MPCA, SWCD, DNR & MNDOT • Reponses to the comment letters • Resolution Regarding the Plaisted Companies Sand and Gravel Mining Operation EAW Action Motion by Second by Vote Follow Up N:\Public Bodies\City Council\Council RCA\Agenda Packet\04042011\Plaisetd.docx ENVIRONMENTAL ASSESSMENT WORKSHEET ., rte, ~~ . -, }~ ~-- ~ 1i~1~~~11~1'.. ._ - F ~ . ..~ - ~w Sand and Gravel Mining Facility Elk River, Minnesota December 2010 Prepared By: Landmark Environmental, LLC 2042 W. 98~ Street Bloomington, MN 55431 Version 8/08rev ENVIRONMENTAL ASSESSMENT WORKSHEET Note to preparers: This form and EAW Guidelines are available at the Environmental Quality Board's website at: http://«~~~.egbstate.mn.us/EnvRevGuidance-ocuments.htm. The Environmental Assessment Worksheet provides information about a project that may have the potential for significant environmental effects. The EAW is prepared by the Responsible Governmental Unit or its agents to determine whether an Environmental Impact Statement should be prepared. The project proposer must supply any reasonably accessible data for -but should not complete -the final worksheet. The complete question as well as the answer must be included if the EAW is prepared electronically. Note to re~~iewers: Comments must be submitted to the RGU during the 30-day comment period following notice of the EAW in the EQB Monitor. Comments should address the accuracy and completeness of information; potential impacts that warrant further investigation and the need for an EIS. 1. Project title Plaisted Companies Sand and Gravel Mining Operation 2. Proposer 3. RGU City of Elk River Contact person: Todd Plaisted Contact person: Rebecca Haug Title: President Title: Environ. Administrator Address: 11555 205th Ave. NW, Elk River MN 55330 Address: 13065 Orono Parkway City, state :Elk River MN 55330 Phone 763 633-6560 Phone :763 635-1068 Fax Fax : 763 635-1090 E-mail todd[~laistedcompanies.com E-mail RHaug~ci.E1k-River.mn.us 4. Reason for EAW preparation (check one) -EIS scoping x_ Mandatory EAW -Citizen petition _RGU discretion -Proposer volunteered If EAW is mandatory give EQB rule category subpart number: Subpart 4410.4300 and subpart .name: "Non-metallic Mineral Mining" 5. Project location County: Sherburne City/Township: Elk River '/ NW Section 15 Township 33N Range 26W GPS Coordinates: N 45.35485945937655 W 93.56437683105469 Taz Parcel Number: 75-115-2100 Attach each of the following to the EAW: • County map showing the general location of the project; (See Figure 1) • U.S. Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (photocopy acceptable) ; (See Figure 2) • Site plan showing all significant project and natural features; {See Figures 4 and 5). 6. Description a. Provide a project summary of 50 words or less to be published in the EQB Monitor. The project involves the extraction and processing of aggregates from a 30.6 acre parcel of property (subject property) adjacent to an existing sand and gravel mining operation. Stripping, extraction, limited processing and reclamation activities will occur on the proposed expansion area. Reclamation of the property will be undertaken following completion of mining operations. b. Give a complete description of the proposed project and related new construction. Attach additional sheets as necessary. Emphasize construction, operation methods and features that will cause physical manipulation of the environment or will produce wastes. Include modifications to existing equipment or industrial processes and significant demolition, removal or remodeling of existing structures. Indicate the timing and duration of construction activities. c. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need for the project and identify its beneficiaries. The proposed project involves adding approximately 30.6 acres to an existing mining operation ovmed and operated by Plaisted Companies (Plaisted). Approximately 9.5 acres of the property v~~ill be used for buffer along highway/street rights-of--way and neighboring properties. Buffer areas will not be mined and vegetative screening will be maintained. The project will allow the removal of a deposit of sand and gravel that will be processed into construction aggregates to serve the growing demand within the local area and the City of Elk River. Mining the additional azea will improve overall end use grades for the Plaisted operation. Portions of the existing site have been in operation since the 1980's. The existing operation, as well as several other operations in the vicinity, were the subject of an Elk River Mining District Environmental Impact Statement completed in June, 1994. Initially the subject parcel was included within the gravel mining district boundary, but was removed because it was not controlled by a mining operator at that time. Active misting will begin by stripping topsoil and overburden from the site using scrapers and dozers. Extraction of the aggregate deposit will be accomplished with loaders working from the floor of the existing nvning operation. Equipment will be placed to insure compliance with both daytime and nighttime noise standards. Material will be conveyed to Plaisted's main operations and stockpiling azea located to the south of the subject parcel for further processing. Product stockpiling will also occur in the existing processing and operations area and all hauling of aggregates will occur from the main processing area. There will be no access to 213 Ave NW or Highway 169 which abut the subject property to the north and east, respectively, from the proposed expansion area during the mining operation. This project will not impact the number of trucks trips to and from the facility. Truck traffic is a function of demand. The project is expected to increase the overall life of the facility by approximately 5-10 years. The actual increase will depend upon market demand. d. Are future stages of this development including development on any other property planned or likely to happen? _Yes _X_No If yes, briefly describe future stages, relationship to present project, timeline and plans for environmental review. e. Is this project a subsequent stage of an earlier project? X Yes _No If yes, briefly describe the past development, timeline and any past environmental review. The subject property is adjacent to an existing mining facility owned and operated by Plaisted. The existing operation as well as several other properties were the subject of an Elk River Mining District Environmental Impact Statement completed in June, 1994. Initially the subject parcel was included in the gravel mining district boundary, but was ultimately removed because it was not controlled by a mining operator. Portions of the existing operation have been active since the 1980's. 7. Project magnitude data Total project acreage: 30.6 (21.1 acres will be mined and 9.5 acres will remain as setback and buffer) Number of residential units: unattached NA attached NA maximum units per building Commercial, industrial or institutional building area (gross floor space): total square feet NA 2 Indicate areas of specific uses (in square feet): Office Manufacturing Retail Other industrial xx acres Warehouse Institutional Light industrial Agricultural Other commercial (specify) Building height ** If over 2 stories, compare to heights of nearby buildings *sand and gravel mining ** While there will be no buildings on site, there maybe aggregate and overburden stockpiles on the site. The height of these stockpiles maybe up to 40 feet. The stockpiles will be located on the pit floor approximately 20 feet below existing grade. Nearby buildings are residential structures that are 15 to ZS feet high. Permits and approvals required. List all known local, state and federal permits, approvals and financial assistance for the project. Include modifications of any existing permits, governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and infrastructure. All of these final decisions are prol2ibited until all appropriate environmental review has been completed. See Minnesota Rules, Chapter 4410.3100. Unit of Qovernment Type of application Status City of Elk River Rezoning applied for City of Elk River Mining CUP & licenseapplied for MPCA NPDES Permit obtained 9. Land use. Describe current and recent past land use and development on the site and on adjacent lands. Discuss project compatibility with adjacent and nearby land uses. Indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazards due to past site uses, such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous liquid or gas pipelines. The current and recent past land use at the site is brush/grassland/woodland. The site is currently zoned Single Family Residential (Rl a). The site is located in a "Mining" future land use category. The future land use category map for the City of Elk River indicates that the site proposed to be mined is adjacent to the Mineral Extraction Overlay District as defined by the City of Elk River (Figure 3). The land use map was adopted on August 16, 2004 as part of the Comprehensive Plan Update. The map guides the current and future land uses of the city through the year 2025. The land use map provides the foundation for the zoning of parcels within the city. Rezoning of the subject parcel to Mineral Extraction Overlay District, consistent with the future land use map, will be required as part of the project approvals. Land use surrounding the site is residential single family housing to the east of the subject parcei. Aggregate mining occupies the adjacent properties to the west, south and north of the subject parcel. 10. Cover Types. Estimate the acreage of the site with each of the following cover types before and after development: Types 1-8 wetlands Wooded/forest Brush/Grassland Cropland TOTAL Before After 0 0 12.2 0.8 7.7 29.8 9.2 30.6 30.6 Lawn/landscaping Impervious surfaces Stormwater Pond Other (describe) Before After 1.0 0 0.5 0 If Before and After totals are not equal, explain why: 11. Fish, wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to m;nimi~e or avoid impacts. Runoff from the proposed mining area will be controlled and contained on site through the implementation of Best Management Practices (BI\~s) as outlined in the site's Stormwater Pollution Prevention Plan. Untreated stormwater contacting exposed soils will not be discharged off site. BMPs include silt fence, stormwater diversion berms, establishment of vegetation, temporary sedimentation basins and infiltration areas and vegetation of reclaimed areas. b. Are any state-listed (endangered, threatened or special concern) species, rare plant communities or other sensitive ecological resources on or near the site? x Yes _ No If yes, describe the resource and how it would be affected by the project. Describe any measures that will be taken to min;m;~e or avoid adverse impacts. Provide the license agreement number (LA-~ and/or Division of Ecological Resources contact number (ERDB 2011019) from which the data were obtained and attach the response letter from the DNR Division of Ecological Resources. Indicate if any additional survey work has been conducted within the site and describe the results. The DNR Natural Heritage and Nongame Research program was contacted for a review of the MN Heritage data base to determine if any rare plant or animal species are known to occur within approximately one mile of the site. The database also includes information regarding native plant communities, noteworthy geologic features and animal aggregates. The review indicates that there have been three observations of a Blandings Turtle, a state threatened species within approximately 1 mile of the subject parcel. Blandings Turtles live in shallow wetland areas and nest in sandy uplands, up to 1 mile from wetlands. The subject property is not within one of fifteen known concentration priority areas determined by the DNR to be relied upon to maintain the species' security within the state. However, the DNR recommends that certain guidelines be followed during all construction activity in the area. The Red Shouldered Hawk, a special Concern Species, has also been observed within approximately 1 mile of the subject property. However, based upon the review by the Minnesota Department of Natural Resources, these elements are not likely to be impacted by the proposed project. A copy of the MNDNR review letter (ERDB 20110159) and the list of recommended measures for avoiding and minimising impacts to Blandings Turtle are included as Appendix A. 12. Physical impacts on water resources. Will the project involve the physical or hydrologic alteration - dredging, filling, stream diversion, outfall structure, diking, and impoundment - of any surface waters such as a lake, pond, wetland, stream or drainage ditch? Yes x No If yes, identify water resource affected and give the DNR Public Waters Inventory number(s) if the water resources affected are on the PWI: Describe alternatives considered and proposed mitigation measures to minimize impacts. 13. Water use. Will the project involve installation or abandonment of any water wells, connection to or changes in any public water supply or appropriation of any ground or surface water (including dewatering)? -Yes _X No If yes, as applicable, give location and purpose of any new wells; public supply affected, changes to be made, and water quantities to be used; the source, duration, quantity and purpose of any appropriations; and unique well numbers and DNR appropriation permit numbers, if known. Identify any existing and new wells on the site map. If there are no wells known on site, explain methodology used to determine. 4 No new wells urill be installed onsite. Material extracted from the expansion area will be conveyed to an aggregate processing area in the adjacent existing mining operation to the south of the site. The existing mining facility operates a washplant. The well associated urith the washplant operates under DNR Vdater Appropriations Permit # 1972-0366-1. There is also a potable well located in the operations area which serves the scale building. The proposed additional mining area will not impact or require any changes to the existing permit. 14. Rater-related land use management district. Does any part of the project involve a shoreland zoning district, a delineated 100-year flood plain, or a state or federally designated wild or scenic river land use district? _Yes _X_No If yes, identify the district and discuss project compatibility with district land use restrictions. 1~. R'ater surface use. Will the project change the number or type of watercraft on any water body? _Yes _X_No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other uses. 16. Erosion and sedimentation. Give the acreage to be graded or excavated and the cubic yards of soil to be moved. Describe any steep slopes or highly erodible soils and identify them on the site map. Describe any erosion and sedimentation control measures to be used during and after project construction. Approximately 21 acres will be graded and 800,000 cubic yards will be removed. The on-site soils are in general susceptible to erosion. Historically, they have been subjected to wind and water erosion, with between one-third and two-thirds of the original surface layer removed from erosion. Slopes on the subject property range from 2-15%, with the average slope at 10%. Mining will create steeper slopes with an excavation face of 1.5:1 (Horizontal to vertical). Erosion from the excavation slopes is inconsequential. Surface water drainage from active mining areas will be directed to low areas within the Plaisted mining operation. Collected surface water infiltrates into the underlying soils and/or evaporates and there is no site discharge. Surface water drainage will not be directed off-site. As part of restoration, excavated slopes will be graded and or backfilled to a maximum of 4:1 (25%). Reclamation grades over the subject parcel will range from 2% - 25%. Reclaimed slopes will be covered with topsoil and seeded to establish vegetation and stabilize the surface. Figures 4 and 5 indicate the excavation plan and the reclamation plan following completion of mining activities. 17. Water quality: surface water runoff a. Compare the quantity and quality of site runoff before and after the project. Describe permanent controls to manage or treat runoff: Describe any stormwater pollution prevention plans. Both the quantity and quality of site runoff will remain similar before and after construction. During active mining, the runoff from the subject property will be managed internally and will not drain off the site. The existing mining facility operates under a Minnesota NPDES permit for gravel musing facilities. The Storm Water Pollution Prevention Plan (SWPPP) for the existing site will be amended to include the subject property. The SWPPP includes best management practices including spill prevention, fuel storage, erosion control and eliminating site discharges of stormwater. b. Identify routes and receiving water bodies for runoff from the site; include major downstream water bodies as well as the immediate receiving waters. Estimate impact runoff on the quality of receiving waters. The site is located within the Elk River Watershed that ultimately drains to the Mississippi River. During active mining; stormwater will be handled internally. Sedimentation basins, diversion berms, silt fence and other appropriate controls are actively utilized to control sedimentation and treat stormwater. After final reclamation of the subject property and the existing mining facility, reclamation grades will direct water to the interior of site where it will percolate into ground. Elk River eventually flows into the Mississippi River located approximately 2.5 miles south of the site. 18. Water quality: waste«~aters a. Describe sources, composition and quantities of all sanitary, municipal and industrial wastewater produced or treated at the site. Not Applicable b. Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment. Identify receiving waters, including major downstream water bodies (identifying any impaired waters), and estimate the discharge impact on the quality of receiving waters. If the project involves on-site sewage systems, discuss the suitability of site conditions for such systems. Not Applicable c. If wastes will be discharged into a publicly owned treatment facility, identify the facility, describe any pretreatment provisions and discuss the facility's ability to handle the volume and composition of wastes, identifying any improvements necessary. Not Applicable. 19. Geologic hazards and soil conditions a. Approximate depth (in feet) to ground water: 20 feet minimum 50 feet average; to bedrock: 140 feet minimum 170 feet average. Describe any of the following geologic site hazards to ground water and also identify them on the site map: sinkholes, shallow limestone formations or karst conditions. Describe measures to avoid or minimize environmental problems due to any of these hazards. There are no known sinkholes or shallow limestone deposits or karst conditions at this site. The first bedrock unit beneath the glacial deposits is the Eau Claire Formation, consisting of alternating sandstone and shale layers. The Eau Claire formation is generally considered a confining unit. b. Describe the soils on the site, giving NRCS (SCS) classifications, if known. Discuss soil texture and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils. Discuss any mitigation measures to prevent such contamination. According to the Sherburne County Soil Survey, the predominant soil types located on the site are gravelly coarse sand, coarse sand and sand. Soils are Stonelake and Sanburn complexes (1253C and 1253B). All of the site soils are granular soils that are well to excessively drained. The majority of site soils have low moisture holding capacity and low natural fertility which are serious limitations for crop production. Granular materials are relatively permeable and can rapidly transmit contaminants through the soil column to the ground water table. Mining activity will not involve the use of chemicals or hazardous substances. There will be no fuel storage on the subject property. All fuel storage associated with the existing operation is in accordance with MPCA standards. Equipment is kept in good repair and routinely maintained. All vehicle and equipment maintenance follows the company's spill prevention policies. The site operates under a number of spill prevention and clean up requirements as defined by various federal and state regulations. Company policy regarding spills is that any spill of oil, gasoline, diesel fuel or lubricant is to be reported and cleaned up promptly. In addition, "topping-off' tanks is not allowed under company procedures. This practice helps eliminate accidental spills during petroleum materials transfer. 20. Solid wastes, hazardous wastes, storage tanks a. Describe types, amounts and compositions of solid or hazardous wastes, including solid animal manure, sludge and ash, produced during construction and operation. Identify method and location of disposal. For projects generating municipal solid waste, indicate if there is a source separation plan; describe how the project will be modified for recycling. If hazardous waste is generated, indicate if there is a hazardous waste minimisation plan and routine hazardous waste reduction assessments. A minimal amount of solid waste is generated at the existing facility. The waste is stored in a dumpster located in the processing area that is picked up on a regular basis. b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials will lead to a regulated waste, discharge or emission, discuss any alternatives considered to minimize or eliminate the waste, discharge or emission. Toxic or hazardous materials will not be used or present on site. c. Indicate the number, location, size and use of any above or below ground tanks to store petroleum products or other materials, except water. Describe any emergency response containment plans. There will be no fuel storage on the subject property. The existing facility contains separate fuel tanks ~~hich are 1,000 gallon double-walled above ground storage tanks. The tanks are registered in accordance with MPCA regulations and requirements and covered under Plaisted's existing Spill Prevention, Control and Countermeasure Plan (SPCC Plan). In the event of a release, the site has a spill response kit (absorbent pads, safety supplies, etc.), front-end loaders, skid-steer loaders and material (sand and aggregate) to contain and dike the spill. The facility also has access to the spill response equipment of Plaisted main operations facility, which includes over significant numbers and types of absorbent pads, several pallet loads of absorbent floor dry and containment boom. 21. Traffic. Parking spaces added: Existing spaces (if project involves expansion): Estimated total average daily traffic generated: Estimated maximum peak hour traffic generated and time of occurrence: Indicate source of trip generation rates used in the estimates. If the peak hour traffic generated exceeds 250 vehicles or the total daily trips exceeds 2,500, a traffic impact study must be prepared as pm-t of the EAi~ Using the format and procedures described in the Minnesota Department of Transportation's Traffic Impact Study Guidance (available at.• http://ww~v.oim.dot.state.nzn.us/access/pdfs/Chapter%205.pdfl or a similar local guidance, provide an estimate of the impact on traffic congestion on affected roads and describe any trafE`ic improvements necessary. The analysis must discuss the project's impact on the regional transportation system. The proposed project will not impact existing daily or maximum peak hour traffic generation and traffic patterns will not be altered. Traffic levels generated by the existing Honing facility are seasonal and vary with market demand. During the mining season, average daily truck trips from the facility is approximately 225. Peak hour usually occurs from 8:00 a.m. to 9:OOa.m. or 9:00 a.m. to 10:00 a.m. Trucks leaving the facility during the peak hour are estimated to be 45. Recent improvements to area roads include the lowering and realignment of County Roads 33 and 77 and the construction of an interchange at the intersection of County Road 33 and Trunk Highway 169. The improved County Roads include turn lanes and acceleration lanes and the interchange allows trucks to safely enter and exit Trunk Highway 169. Trucks access the operations and stockpiling area from the new portion of County Road 33. The majority of truck traffic from the site travels easterly on County Road 33 to the interchange at Highway169. 22. Vehicle-related air emissions. Estimate the effect of the project's traffic generation on air quality, 7 including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. The proposed action will not result in any increase in vehicle-related air emissions. Current truck traffic levels from the existing Plaisted facility will continue at approximately the same daily volume and from the same location. Off road vehicles (front end loaders and other earth moving equipment) will operate on the site; however the small number of equipment (typically two loaders operating at the active face) will not generate enough pollutants to have a significant impact on air quality. The EIS from the Elk River Gravel Mining District addressed vehicle related air emissions. The EIS concluded that emissions of nitrogen oxides and carbon monoxide can result from truck traffic, but such emissions are limited and not considered a potential problem due to the size and the dispersion potential of the area. (Truck traffic movement and equipment operation on and about the facility site does generate PM10 emissions, see #24 below.) 23. Stationary source air emissions. Describe the type, sources, quantities and compositions of any emissions from stationary sources of air emissions such as boilers, exhaust stacks or fugitive dust sources. Include any hazardous air pollutants (consult EA i~ Guidelines for a listing) and any greenhouse gases (such as carbon dioxide, methane, nitrous oxide) and ozone-depleting chemicals (chloro- fluorocarbons, hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride). Also describe any proposed pollution prevenrion techniques and proposed air pollution control devices. Describe the impacts on air quality. Vehicles operating within the site on internal haul roads are the primary source of dust generation. Additional dust maybe generated at the mining face from loader operations, the primary crusher, and transporting material from the active mining face to the processing area. Mitigation measures include frequent road watering. A water truck is kept at the existing Plaisted site and is readily available for dust control, as needed. Conveyors will be used to transport the material from the active mine face to the processing area, reducing dust emissions associated with internal truck traffic. In addition, the entrance area into the processing and stockpile area, as well as the majority of the stockpile area, is paved. Maintaining existing trees within the mining setback areas also reduces overall dust emissions from the site. 24. Odors, noise and dust. Will the project generate odors, noise or dust during construction or during operation? x_Yes _No If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on them. Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by operations maybe discussed at item 23 instead of here.) This project is not expected to generate any odors. Dust emissions are discussed in item #23 above. The operation of equipment associated. with stripping topsoil and extraction and transport of aggregate will generate noise. Mining and processing will be subject to setbacks established by the City of Elk River Mining Ordinance and voluntary setbacks shown on the plan. The setbacks will help to minimize the impact of noise on nearby residents. The site will comply with the State of Minnesota Noise Standards. The standards establish allowable noise levels measured at nearby residences. The noise standards are given below: MINNESOTA NOISE STANDRADS FOR RESIDENTIAL AREAS Daytime Nighttime L50 L10 L50 L10 60 dBA 65 dBA 50 dBA 55 dBA The Minnesota Standards define daytime hours as 7:00 a.m. to 10:00 p.m. and nighttime hours from 10:00 p,m. to 7:00 a.m. Hours of operation for the site are proposed to be consistent with the existing operation which allows excavation and processing during both daytime and nighttime hours as defined by the MPCA. 25. Nearby resources. Are any of the following resources on or in proximity to the site? Archaeological, historical or architectural resources? _Yes x No Prime or unique farmlands or land within an agricultural preserve? _Yes x No Designated parks, recreation areas or trails? _Yes. x No Scenic views and vistas? _Yes _x_No Other unique resources? _Yes x No If yes, describe the resource and identify any proj ect-related impacts on the resource. Describe any measures to minimise or avoid adverse impacts. A request was made to the State Historical Preservation Office (SHPO) to conduct a search of their cultural resources database. No archaeological sites or historic structures were identified in a search of the Minnesota Archaeological Inventory and Historic Structures Inventory for the subject property requested. Correspondence is contained in Appendix B. The City conducted a Probability Modeling and Reconnaissance Survey in February, 2005. This site was identified as having a low probability of archaeological significance. 26. Visual impacts. Will the project create adverse visual impacts during construction or operation? Such as glare from intense lights, lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? _Yes x No If yes, explain. 27. Compatibility v<~ith plans and land use regulations. Is the project subject to an adopted local comprehensive plan, land use plan or regulation, or other applicable land use, water, or resource management plan of a local, regional, state or federal agency? _Yes _No. If yes, describe the plan, discuss its compatibility with the project and explain how any conflicts will be resolved. If no, explain. The proposed project is compatible with local land use plans and regulations. The proposed project is located within the City of Elk River and subject to the City's Comprehensive Land Use Plan. The future land use map for the City of Elk River designates the area of the proposed project to be mining. The City's zoning regulations would require that the parcel of property to be mined be rezoned to a Mineral Excavation Overlay. 28. Impact on infrastructure and public services. Will new or expanded utilities, roads, other infrastructure or public services be required to serve the project? _Yes _x_No. If yes, describe the new or additional infrastructure or services needed. (Note: any infrastructure that is a connected action with respect to the project must be assessed in the EAW; see EAW Guidelines for details.) 29. Cumulative potential effects. Minnesota Rule part 4410.1700, subpart 7, item B requires that the RGU consider the "cumulative potential effects ofrelated or anticipated future projects" when determining the need for an environmental impact statement. Identify any past, present or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative potential effects. (Such future projects would be those that are actually planned or for which a basis of expectation has been laid.) Describe the nature of the cumulative potential effects and summarize any other available information relevant to determining whether there is potential for significant environmental effects due tb these cumulative effects (or discuss each cumulative potential effect under appropriate item(s) elsewhere on this form). The Environmental Impact Statement prepared for the Elk River Gravel Mining District which encompassed 2,865 surrounding the 30.6 acres of the proposed project, reviewed cumulative impacts for potential environmental effects of mineral extraction relative to noise, air quality, traffic, dust, surface and ground water quality, and disruption of native flora and fauna as well as cumulative impacts related to social and economic issues. The City, as the responsible governmental unit (RGU) for performing the review, concluded that any negative effects could be regulated within the framework of the Conditional Use Permit (CUP) issued for each individual mining operation. The CUP for Plaisted's existing facility includes conditions which address and satisfactorily regulate potential environmental impacts associated with noise, dust, surface and groundwater protection, and site restoration. 30. Other potential environmental impacts. If the project may cause any adverse environmental impacts not addressed by items 1 to 28, identify and discuss them here, along v,Tith any proposed mitigation. None. 31. Summary of issues. Do not complete this section if the EAi~ is being done for EIS scoping; instead, address relevmzt issues in the draft Scoping Decision document, which must accompany the EAW. List any impacts and issues identified above that may require further investigation before the project is begun. Discuss any alternatives or mitigative measures that have been or maybe considered for these impacts and issues, including those that have been or maybe ordered as permit conditions. Runoff'. Runoff from the proposed mining area will be controlled and contained on site through the implementation of Best Management Practices as outlined in the site's Stormwater Pollution Prevention Plan. Untreated stormwater contacting exposed soils will not be discharged off site. These practices include silt fence, stormwater diversion berms, establishment of vegetation, temporary sedimentation basins and infiltration areas and vegetation of reclaimed areas. Noise: Noise is produced from the mining and processing equipment. The mining operation is subject to setbacks from properly boundaries. Operations will be conducted within established noise standards. Dust: Dust emissions are predominantly due to vehicular travel on internal unpaved haul roads. Conveyors will be used to transport the excavated material to the operations area for additional processing, minimizing truck travel in the mining operation. The main processing and stockpiling area is hard surfaced and a water truck is maintained on-site and used for frequent watering of internal haul roads throughout the mining period. The hard surface areas are swept routinely to reduce dust generation. Erosion/Sediment Control: Erosion during the initial stripping operations may generate runoff with high sediment loads. Appropriate best management practices which may include diversions berms and silt fence will be employed on a temporary basis as needed. 10 RGU CERTIFICATION. (Tlae Environmental Quality Board ~~~ill only accept SIGNED Enviro~amental Assessme~zt Thor ksheets for public notice in the EQB Monitor.) I hereby certify that: • The information contained in this document is accurate and complete to the best of my l~owledge. • The EAW describes the complete project; there are no other projects, stages or components other than those described in this document, which are related to the project as connected actions or phased actions, as defined at Minnesota Rules, parts 4410.0200, subparts 9b and 60, respectively. • Copies of this EAW are being sent to the entire EQB distribution list. Signature ~~y,~ "~\ Date 1 I Z ~ / Title Gi(lU±~f0~lnnevl~-a) ~hin;S1`~a~(1/ Environmental Assessment Worksheet was prepared by the staff of the Environmental Quality Board at the Minnesota Department of Administration, Office of Geographic and Demographic Analysis. For additional information, worksheets or for EATS Guidelines, contact: Environmental Quality Board, 658 Cedar St., St. Paul, MN 55155, 651-201-2492, or http:!/~~~w.egb.state.mn.us 11 N~.ECiS\RW1ak4etl MpWea\Cl1-\Slnrbwne Ctv Publ! Vsks f'Yes~Env Flo 4d m ~ rn cna w N ~Z __ -_ o ~ o -. - ~ 3 ~t ~ aao g ~~ a a a o m o o~~ k ~• r -~ _ __ _ N f Om ~ Q ~ ° W o9`" ~ a 2 " / / W. 3• o3m ~m y ~k~°,mpmo•O.,coi3w~o ~m$~ 'OSO J j ~ ~ tr' Q'D ~ a ~ 0 g ~ JI ~ D O w y , - m O o O 1os0- ~ -. o m r~ A~~~~w~~om~ ow~~ . -- ~A m a a o• m ~ -~ t mNO a ao•yrnS•... ao m m• ma~a~o~O.~~H• am ? ~ ° ~ ~ i z -~ m ~ a 3 ~ a~~• ~ ~ o ~ m , ~' ~ ~ ~m a ~m~am ~~ m r ~~ ~: - i ~ ~ ~ q ~ ~ ~ a ~.~ a J ~/ ~ 3 ~ ~osot- -~ ~ Sm ma ~°~ ~~ ~ ~ ? ~ ~ m 4 ( I O o .. r ~ ~.: ~ ~ J :.. ~ ~ . _._ ..... ~ L ~ 1025 ~- \ / ~ ~ - ( ..__ ,k ~ ~ m ., , o ui / . ;~ '.. ..._ / ~ I -_ \ ,. , m _. ~, - - / _.. _ _ - ~ ~ ~~ s . _. ,. / _ ~ / ` _ _ _ --~ozs- ~ ~- -. 9 a / _ _ ._ I ~ .~ / -..„- \ l _...._ - - , o~ _. , ~ o~ I / . _, ~ 8 m ra zz _,. -- .... obol-~ -.... ~ /_ , o _ H - I ~ r n ` p0 ~. \ ~ • a ./ . ~ ~,oo ~ W n / _: _... , n z . __ ~z ~~~~ a~NmT ~~y~~ ~ ~. / - ,/ o g~ ~ - ~ ~ ~ - ~ ~ o a ~ ~ m ~ / II N a m a myy m \ , ~~ ~~/ O r Q >~y~ ~_ ~ -~./ ~ / / I - -- i/ v T ~~ ~ s I _ ~ 9 ! -~ moo o ~~ ~ /J ~ m ~ ~ , 1 ~_ 3 m / \ ' ~ / /~ - I ~ + at N a ~ / I -pr -m~ ~ o~$ _e ~3 m ~ z _ ~_, ~_ ~ ~ ~ Giear Lake ' ~ Qrrock ~ Livonia ~~- THE PROPERTY 0 ~ I ~'~ FIGURE 1 PROPERTY LOCATION COUNTY OVERVIEW MAP 11684 213th Avenue NW Elk River, Minnesota LANDMARK ENVIRONMENTAL, LLC .~ ~ ~ _,., 4 -- -~ ~ ~~~ - ~- i ~ , "` ~~ . - ~ - ''- ~-.. _.1 . ~ ~~ ~- .98~' J ~ .-ii ~ E + ~ f 1~ ~ I ~'µ~~ ~ ) ` 1, _ . % --~.. ~ ~ _ t ~ ,~ L~nl! V) i I~ l~ Jf~, ;~r` ~ ~..' ~ `n~ . I _ ... _ ,_ - ttT~f~ ~ r I ~ ~~ ~ ~ ~~~~ `% i~ ~ ~~ ~ I ~~ ~ ~ _ _ r • i ~. _ ~. ~ ~ p\\\ /`THE P RO P ERTfY ~ `~~ ~ -~.`~ ~ ~ '- - _ ' fi,.- ~ '`' ;;.`~ ~ ~ ~ . , -~ , riff 1 ~ r ~~~ ~' ~~~ , - - _ ~ I ~ ! I ~ t ~~ ctil /, ~~~ ~ ,~ G ` 1 ~~ n~ rl I t ~ ~k~r ~J r ~\ `--~ ~ i '~ ~ ~ ~' irk ` ' i ~ 1 ' • ~' 1~ I'I~~~~ r-, fl ~~ .~ rf /I ~~/~ f ~ ~ J' lr +9s`~ ~' i ~I~i~~ ~ ~I ~~s~ f ~ 1` I _ ,- i ~ ~/ _ i I f I1 ~ ~ ~ I /~-~ / f =r ~ t~ I ~ i 7/! o I ~ Ci~l i~ti~ '~` v r ~. / /~I ~ `i -~f . sX~ ~ ~ ; ,. ~~ - t, ~-,1 i'~';l r/V ~~ ~ \.~ .~~_ ..~~. ' \ f ~J i' ~ ! Sri .~-.,~ ~! r,~ i _ ~ v. i JJ ~ IIV)! 1 'lJ I L v f ~ ~ ~~ l n' t/ ~ 1'~ ~ I ~ _, C ~. ~ti ~ 't S r.l ~ I I If -'~ lx~' - _ ~ _ 1 ~~ , I u~~ .Y Tz ~ ~._~ .. P~~ ~ ~ ~~ ti r 1 I r I , I r `j~``r '1 ~/ 1 i ~ tt~e s , _ y i' ' ~~ - I ,. ~~ ~ _ Tat tr/~ J v' r q 'r ~'f"~ t~ } ~ r I 6 I (~ i .~ .~, ~ ~ ~ a - ~:-. ~ rr ~ _ yt, t 7.= ~ - / 1 ~`~ ~ ~G-~ c5 ~ _ Source: Elk Rlvsr. Minnesota 7ooooraohic Quadrancls. 7.6-Minute Series N FIGURE 2 A PROPERTY LOCATION TOPOGRAPHIC MAP 2,000 1,000 0 2,000 Feet 11684 213th Avenue NW Elk River, Minnesota LANDMARK ENVIRONMENTAL, LLC z -- :.: 1 . _ _ v rn N A w rv .. 2 __ _ o o ,gym ~ ~~8 ~ ~ ~na~ ~o$p`c~'y . ~ r ~--, ° 3 ~ 'v \ I m 3~~m a~ 3~ m ~ na c ~ ~~m ~,amc~,,~~~..;~~~ J ~`io,o~~ao~ W~°0~m ~ So °s ~ =~ I ~I ~ o m_~~m,°~,4'm~~x~a~ mNma L~oso~ j x ~ ~ a p _ c D m o o - ~A~$. ~m~m.~m.mc ~we~ ~ti~~ cao8~"~~ ~m '~'H ~ o`s ~ ) ~ ~'~3~ '2'm me o ia`a° 3'c y ~ ~ o~ ~- ~ Z m m e -~wm ~~y uWi m ~ j ~ .. m cbb O $' ~ 4 ^w m C ~+ ~ G ~ _ a ''. ,, m ~ O o ~ ya ~3~ ~~m ,--x y _ ~ I c~ -mac ~ __ -- J ~, ; j ~ 01 N ~ ~ b v ~ o ~ a m ~' ~ ~ ~ ~ a ~ y~ ~ ~ n ~ m ~ ~~ ~ a v ~ m ~ ~ 3 J -... // ~osot- ~ ~m mW°T° y~ a ~ ~ I I w 00 ~ E ;; - , ' J _..._ _. __ ._~- ~ ~-1025 ~ ._ ` / J ~ ., ` \ ~ ~ ~ ' . .~ 0 ,. 1 ., ~ \ _.. . ~, ~ .. ~ .. ,. / _ - - / ~ m p~~ ..,_ _ O~ .. - __ ` \I / - ~ r ._,.- _ i m m _ ~ _ o ~ ~ :~ - ... _--~ - C ~ oo~` , ,~ ® _. '~~ ~ Y m ~ - _ X000 L-~ ~ .- _ ., / - ~ vJ ~ ' / ~ n _ ~. / . ~ oo ~ \'~ao / W ~ ~-. m -- / \ 1 ~ o ~ .. `, zz ~ / p~NxT ' n >m _ ^~ ~ / ,. .~ ~ a` ~ ~ m ' i ~ m ~J 3 '' , ~ moo o ~ ~ /J ~ ~ o ~ moo 1 ~_ ~ \ 3 / ''.. \ a ~ - I ~~. ~ 1~ ~ _ .. ,-. \ _.. _. - m i p m m ~ ... _ _ao _ - _ `_ Minnesota Deportment of Natura{ Resources Division of Ecological and Water Resources 1200 Wamer Road St. Paul, MN 55106 651-259-5738 March 7, 2011 Rebecca Haug, Environmental Administrator City of Elk River 13065 Orono Parkway Elk River, MN 55330 rhaug@ci.elk-river.mn.us ~~~~n~~a}~~I DEPAATliiENTOF NATUAAEAESOUACES Transmitted Via E-mail RE: Plaisted Companies Sand and Gravel Mining Operation Environmental Assessment Worksheet (EAW) Dear Ms. Haug: The Minnesota Department of Natural Resources (DNR) Central Region has reviewed the EAW for the Plaisted Companies Sand and Gravel Mining Operation in the City of Elk River. From a natural resources perspective, the proposed project does not require the preparation of an Environmental Impact Statement (EIS). However, the following comments are for your consideration. Please be advised that the document posted online, along with the agency distributed copies, appeared to be missing some of the attachments referenced in the document. Item 5 and Item 16 made reference to a Figure 5, and item 11 b referenced an Appendix A. At this time it does not appear that these omissions warrant concern for the potential of significant impacts. These errors should, however, be noted for reviewers and these documents should be made available. The EAW does not directly indicate the proposed mining depths, or the potential for the mining operation to impact groundwater. Item 19 indicates that the minimum depth to groundwater is 20 feet. The description of the stockpile locations provided in Item 7 indicates that the pit floor would be approximately 20 feet below grade. While Figure 3, Mining Excavation Plan, indicate that depth would be a minimum of 990 feet mean sea level (with surface elevations varying from 1,000 to 1,025 feet mean sea level) and that actual excavation depth may vary depending on the quality of aggregates encountered. Given this information, it maybe possible that the proposed activities could encounter and/or impact groundwater resources. It does not appear from review of other Item information provided that the proposed project includes in-water mining activities. The potential to impact groundwater should be addressed, or the information discussed above should be clarified so that it is clearly understood how this potential impact will be avoided. The DNR Natural Heritage Database letter dated November 15, 2010 identified that Blanding's turtles (Emydoidea blandingi~), a state-listed threatened species, have been documented in the vicinity of the proposed project. The letter also stated that the response to Item 11 b of the project EAW should clearly discuss potential impacts to Blanding's turtles and identify any avoidance or mitigation measures that will be implemented. Possible avoidance or mitigation measures were included in the Blanding's turtle fact sheet that was attached to the letter. While the EAW document acknowledged this comment, the document does not indicate how or to what extent the proposed project will incorporate or consider the recommendations to avoid and minimize impacts as requested. The DNR encourages project proposers to incorporate the recommendations www.mndnr.gov AN EQUAL OPPORTUNITY EMPLOYER i~ PRINTED ON RECYtlEO PAPER CONTAINING A MINIMUM OF 1096 POST-CONSUMER WASTE Plaisted Companies Sand and Gravel Mining Operation DNR Comments March 7, 2011 provided in the fact sheet when and where appropriate. The Blanding's turtle flyer and fact sheet has been attached to this letter for your convenience. Please contact Krista Larson, Regional Nongame Specialist, at 651-259-5775 or by a-mail at krista.larsonCa~state.mn.us if you have further questions. Figure 2, Property Location Topographic Map, depicts a wet area located in the east-central portion of the Property. In addition, the aerial photograph reviewed indicates that there may be wet area on the Property. The potential wetland area was not addressed in Item 12 which addresses physical or hydrologic alteration to surface waters including wetlands. The EAW should discuss why this area, depicted as a wet area on Figure 2, is not a wetland and how that was deduced. Thank you for the opportunity to review this project and the EAW. We look forward to receiving your record of decision and responses to comments at the conclusion of environmental review. Minnesota Rules part 4410.1700, subparts 4 and 5, require you to send us your Record of Decision within five days of deciding on this action. If you have any questinns ahout these r0rrtmet?tg, ple2se 0211 Melicg2 f~~pgralgki~ F2e~inn2- Environmental Assessment Ecologist, at 651-259-5738, or by a-mail at melissa.dooeraiskit7a state.mn.us. Sincerely, r,?A~/-~" ,Gf ~ct Keith Parker Regional Director CC: Steve Colvin, Bernice Cramblit, Melissa Doperalski, Liz Harper, Roger Stradal, Krista Larson, Lisa Joyal, Paul Diedrich, Fred Bengtson, Nicholas Snavely, REAT (DNR} Nick Rowse (IJSFWS} Jon Larsen (EQB) ELK11 Plaisted Companies Mining Operation EAW.doc ERDB#20110159-0002 ~I3ERBURN~ S"C7i L & `Y"JRT~Ft GONSERVATtCN C{STRICT ~1 February 24, 2011 Rebecca Haug City of Elk River 13065 Orono Parkway Elk River, MN 55330 Rebecca: 14855 Highway 10 Elk River, MN 55330 Tel. (763) 241-117Q ext. 3 Website: www.sherburneswcd.org I have the following comment on the Plaisted Companies Sand and Gravel Mining Operation EAW. Page 4, #13 Water Use: There appears to be two homesteads on the site along 213th Ave. If these homesteads will not be in use or if the buildings are to be razed, the sites should be inspected for the existence of water wells. Any wells located at the sites that will not be used in the future and which have not been sealed should be sealed according to State of Minnesota requirements. Sincerely, -;tt-- Mark Basiletti Water Resources Specialist Sherburne Soil and Water Conservation District --~ ~ -x= ~/linnesc~~a P~~tutiQn ~a~tr~! ~ge~c~r .~,~.~. ~ 520 Lafayette Road North I St Paul, MN 55155-4194 ~ 651-296-6300 1800-657-3864 ~ 651-282-5332 TTY I www.pcastate.mn.us March 9, 2011 Ms. Rebecca Haug Environmental Administrator City of Elk River 1306 Orono Parkway NW Elk River, MN 55330 Re: Plaisted Companies Sand and Gravel Mining Operation Environmental Assessment Worksheet Dear Ms. Haug: Thank you for the opportunity to review and comment on the Environmental Assessment Worksheet (EAW) for the Plaisted Companies Sand and Gravel Mining Project (Project) in Sherburne County, Minnesota. The Project consists of the extraction and processing of aggregates from a 30.6-acre parcel of property adjacent to an existing sand and gravel mining operation. Regarding matters for which the Minnesota Pollution Control Agency (MPCA) has regulatory responsibility and other interests, MPCA staff has the following comments for your consideration. Proiett Maenitude Data (Item 71 The EAW indicates there will be no buildings on the site. However, aerial photos indicate several buildings on the north end of the site. Please indicate if these buildings will be removed and if there are existing wells for these buildings that have not been listed in Item 13. Permits and Approvals Required (Item 8) This item should also include an air emission permit as being required from the MPCA. Since the EAW does not discuss the Project's potential to emit for all criteria pollutants, it is not possible to determine from the information provided whether the Project will require a Nonmetallic Mineral Processing General Permit or a Part 70 Title V Permit. It is the responsibility of the Project proposer to determine the type of air permit necessary for this specific operation. Application forms and instructions are available on the MPCA's website at http://www.pca.state.mn.us/air/permits/forms.html#4a. The Project proposer should also be aware that operation of a stationary crusher and aggregate spread that is greater than 25 tons per hour capacity, or greater than 150 tons per hour portable, and assuming the equipment is newer than 8/31/83, is subject to 40 CFR 60 Subpart 000 of the federal New Source Performance Standards. Under this subpart, the facility owner must conduct specific performance testing (i.e., opacity testing) when the mining site is in normal operation. Depending upon crusher size (tons per year) and year of manufacture, and generator horsepower and year of manufacture, the operation may also be subject to Subpart ZZZZ of the federal National Emissions Standards for Hazardous Air Pollutants, which has additional reporting requirements. If you have any questions on air permitting issues, please contact 1im Kolar in our St. Paul office at 651-757-2174. Equal Opportunity Employer Ms. Rebecca Haug March 9, 2011 Page 2 Erosion and Sedimentation (Item 16) Items 16 and 17 provide minimal narrative to describe that during active mining, stormwater will be handled internally and that sedimentation basins, diversion berms, silt fences, and other appropriate controls will be used to treat stormwater. However, the EAW should additionally provide proposed/estimated sizing information and layout description on the site plan to show how these controls will fit into the excavation plan. Additional understanding of how the stormwater runoff and sediment capture will be accommodated on site is needed in order to assess that the proposed treatments have a reasonable assurance of mitigating the runoff and water quality impacts. Water Quality: Surface Water Runoff tltem 17) It is indicated that the stormwater Pollution Prevention Plan (SWPPP) and National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Permit for the existing mining facility (this permit should be identified in the EAW) will be modified to include the additional acreage for the proposed activity. It should also be noted that the current SWPPP for the existing facility must also be modified to meet current NPDES/SDS Permit requirements, which were changed in August of 2008 after the permit was re-written. The new requirements will require the SWPPP to list estimated quantities of erosion and sediment control best management practices to be used on the site, identify new time lines for stabilization, and provide erosion and sediment control training certification for the SWPPP designer and the erosion and sediment control inspector for the Project. There are also new requirements for concrete washout facilities and for projects located within one mile of special or impaired waters, which do not appear to apply in this instance. We appreciate the opportunity to review this Project. Please provide your specific responses to our comments and notice of decision on the need for an Environmental Impact Statement. Please be aware that this letter does not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or future permit action(s) by the MPCA. Ultimately, it is the responsibility of the Project proposer to secure any required permits and to comply with any requisite permit conditions. If you have any questions concerning our review of this EAW, please contact me at 651-757-2508. Sincerely, ~~a~ Karen Kromar Planner Principal Environmental Review and Feedlot Section Regional Division KK:mbo cc: Craig Affeldt, MPCA, St. Paul Scott Lucas, MPCA, Brainerd Jim Kolar, MPCA, St. Paul Larry Zdon, MPCA, St. Paul Reed Larson, MPCA, Brainerd ip~~NNE~T4yo Minnesota Department of Transportation 372512 Street North ~~~oF~P~y~ Saint Cloud, MN 56303 March 3, 2011 Ms. Rebecca Haug Environmental Administrator -City of Elk River 13065 Orono Parkway Elk River, MN 55330 Re: Plaisted Companies Sand and Gravel Mining Operation EAW Dear Ms. Haug: The Minnesota Department of Transportation -District 3 has reviewed the EAW for the proposed pit expansion by Plaisted Companies for impacts to the trunk highway system. Our staff review finds no concerns relating to Trunk Highway 169.. Thank you for the opportunity to review and comment. Sincerely, ~~(Gcudtq ~~u.~,t Claudia Dumont Engineering Specialist Cc: CS 7106 Mark Renn - St. Cloud An Equal Opportunity Employer V ~ Minnesota Department of Natural Resources (DNR) Central Region, March 7, 2011 From a natural resources perspective, the proposed project does not require the preparation of an Environmental Impact Statement (EIS). However, the following comments are for your consideration. Please be advised that the document posted online, along with the agency distributed copies, appeared to be missing some of the attachments referenced in the document. Item 5 and Item 16 made reference to a Figure 5, and item 11 b referenced an Appendix A. At this time it does not appear that these omissions warrant concern for the potential of significant impacts. These errors should, however, be noted for reviewers and these documents should be made available. So noted. The EAW does not directly indicate the proposed mining depths, or the potential for the mining operation to impact groundwater. Item 19 indicates that the minimum depth to groundwater is 20 feet. The description of the stockpile locations provided in Item 7 indicates that the pit floor would be approximately 20 feet below grade. While Figure 3, Mining Excavation Plan, indicate that depth would be a minimum of 990 feet mean sea level (with surface elevations varying from 1,000 to 1,025 feet mean sea level) and that actual excavation depth may vary depending on the quality of aggregates encountered. Given this information, it may be possible that the proposed activities could encounter and/or impact groundwater resources. It does not appear from review of other Item information provided that the proposed project includes in-water mining activities. The potential to impact groundwater should be addressed, or the information discussed above should be clarified so that it is clearly understood how this potential impact will be avoided. The project does not involve "in-water mining activities" and groundwater resources will not be encountered and/or impacted. Based on drilling work to define the aggregate resources, the groundwater elevation occurs at approximately 970 feet mean sea level. This explains the information in Item 19. The 990 feet mean sea level for the Mining Excavation Plan indicates the lowest elevation. There is a potential that excavation depth could be less than the planned depth based on quality of aggregates encountered. The City of Elk River will place specific requirements within the Conditional Use Permit (CUP) that no excavation occur below the groundwater table. The DNR Natural Heritage Database letter dated November 15, 2010 identified that Blanding's turtles (Emydoidea blandingill), astate-listed threatened species, have been documented in the vicinity of the proposed project. The letter also stated that the response to Item 11 b of the project EAW should clearly discuss potential impacts to Blanding's turtles and identify any avoidance or mitigation measures that will be implemented. Possible avoidance or mitigation measures were included in the Blanding's turtle fact sheet that was attached to the letter. While the EAW document acknowledged this comment, the document does not indicate how or to what extent the proposed project will incorporate or consider the recommendations to avoid and minimize impacts as requested. The DNR encourages project proposers to incorporate the recommendations provided in the fact sheet when and where appropriate. The Blanding's turtle flyer and fact sheet has been attached to this letter for your convenience. Please contact Krista Larson, Regional Nongame Specialist, at 651-259- 5775 or by a-mail at krista.larson@state.mn.us if you have further questions. So noted. The City of Elk River will evaluate the recommendations for potential inclusion as specific requirements within the CUP. Figure 2, Property Location Topographic Map, depicts a wet area located in the east- central portion of the Property. In addition, the aerial photograph reviewed indicates that there may be wet area on the Property. The potential wetland area was not addressed in Item 12 which addresses physical or hydrologic alteration to surface waters including wetlands. The EAW should discuss why this area, depicted as a wet area on Figure 2, is not a wetland and how that was deduced. The U.S. Fish and Wildlife Service, National Wetland Inventory was consulted and this area is not within the inventory. Other supporting evidence is the drilling work to define the aggregate resources. This fieldwork indicated that the groundwater elevation occurs at approximately 970 feet mean sea level or more than 15 below the lowest surface elevation. In addition, the reported soil profile, which shows a relatively thin layer of low permeable soils overlying more permeable soils, does not typically support wetland conditions. The area has been farmed and is not known to contain draintile. Minnesota Pollution Control Aaencv. March 9. 2011 Project Magnitude Data (Item 7) -The EAW indicates there will be no buildings on the site. However, aerial photos indicate several buildings on the north end of the site. Please indicate if these buildings will be removed and if there are existing wells for these buildings that have not been listed in Item 13. The buildings on the northern end of the property will be removed (as needed) at the time that mining activities progress to this portion of the Site. The Minnesota County Well Index does not indicate the presence of wells associated with the buildings. The proposer is aware, however, that water wells are located near these buildings. The City of Elk River will place specific requirements within the CUP that require that all water wells within the mining area be abandoned in compliance with the Water Well Code of the Minnesota Department of Health. Permits and Approvals Required (Item 8.) -This item should also include an air emission permit as being required from the MPCA. Since the EAW does not discuss the Project's potential to emit for all criteria pollutants, it is not possible to determine from the information provided whether the Project will require a Nonmetallic Mineral Processing General Permit or a Part 70 Title V Permit. It is the responsibility of the Project proposer to determine the type of air permit necessary for this specific operation. Application forms and instructions are available on the MPCA's website at www. m oca. state. m n. us/air/permits/forms. html. So noted. The Project proposer should also be aware that operation of a stationary crusher and aggregate spread that is greater than 25 tons per hour capacity, or greater than 150 tons per hour portable, and assuming the equipment is newer than 8/31/83, is subject to 40 CFR 60 Subpart 000 of the federal New Source Performance Standards. Under this subpart, the facility owner must conduct specific performance testing (i.e., opacity testing) when the mining site is in normal operation. Depending upon crusher size (tons per year) and year of manufacture, and generator horsepower and year of manufacture, the operation may also be subject to Subpart ZZZZ of the federal National Emissions Standards for Hazardous Air Pollutants, which has additional reporting requirements. If you have any questions on air permitting issues, please contact Jim Kolar in our St. Paul office at 651-757-2174. So noted. Operation of a stationary crusher is not planned for this project. The project proposer intends to comply with all air permitting requirements of the MPCA, as necessary. Erosion and Sedimentation (Item 16) -Items 16 and 17 provide minimal narrative to describe that during active mining, stormwater will be handled internally and that sedimentation basins, diversion berms, silt fences, and other appropriate controls will be used to treat stormwater. However, the EAW should additionally provide proposed/estimated sizing information and layout description on the site plan to show how these controls will fit into the excavation plan. Additional understanding of how the stormwater runoff and sediment capture will be accommodated on site is needed in order to assess that the proposed treatments have a reasonable assurance of mitigating the runoff and water quality impacts. The proposed project is a continuation of the current aggregate mining operation. Currently, there are no problems with the management of erosion and sedimentation for the adjacent areas and the proposer has indicated that all surface water from disturbed areas for the project will be directed internally. This is supported by the proposed mining plan. The proposer is subject to requirements of Sector J for the NPDES permit for Industrial stormwater, MN R05000. Additional details will be developed as necessary to implement a stormwater Pollution Prevention Plan (SWPPP) for the Site in accordance with erosion and sediment management requirements of MN R050000. Water Quality: Surface Water Runoff (Item 17) - It is indicated that the stormwater Pollution Prevention Plan (SWPPP) and National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Permit for the existing mining facility (this permit should be identified in the EAW) will be modified to include the additional acreage for the proposed activity. It should also be noted that the current SWPPP for the existing facility must also be modified to meet current NPDES/SDS Permit requirements, which were changed in August of 2008 after the permit was re-written. The new requirements will require the SWPPP to list estimated quantities of erosion and sediment control best management practices to be used on the site, identify new time lines for stabilization, and provide erosion and sediment control training certification for the SWPPP designer and the erosion and sediment control inspector for the Project. There are also new requirements for concrete washout facilities and for projects located within one mile of special or impaired waters, which do not appear to apply in this instance. The current SWPPP has recently been updated to meet the requirements of Sector J for the NPDES permit for Industrial Stormwater, MN R050000. This SWPPP will again be updated to include the new area and meet the permit requirements prior to the initiation of mining activities in the proposed area. Sherburne Soil and Water Conservation District, February 24, 2011 Page 4, #13 Water Use: There appears to be two homesteads on the site along 213th Ave. If these homesteads will not be in use or if the buildings are to be razed, the sites should be inspected for the existence of water wells. Any wells located at the sites that will not be used in the future and which have not been sealed should be sealed according to State of Minnesota requirements. The buildings on the northern end of the property will be removed (as needed) at the time that mining activities progress to this portion of the Site. The Minnesota County Well Index does not indicate the presence of wells associated with the buildings. The proposer is aware, however, that water wells are located near these buildings. The City of Elk River will place specific requirements within the CUP that require that all water wells within the mining area be abandoned in compliance with the Water Well Code of the Minnesota Department of Health. Minnesota Department of Transportation. March 9. 2011 No Comments on the proposal. So noted. RESOLUTION I I - CITY OF ELK RIVER RESOLUTION REGARDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR PLAISTED COMPANIES A resolution of the City Council of the City of Elk River regarding the environmental review process for the proposed Plaisted Companies Sand & Gravel Mining Operation; setting forth the City Council's findings of fact regarding the need for an Environmental Impact Statement; and declaring that the preparation of an Environmental Impact Statement is not necessary WHEREAS, Plaisted Companies Sand & Gravel Mining Operation is proposing to extract and process aggregates from a 30.6 acre parcel of property, and, WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subparts 19.D a mandatory Environmental Assessment Worksheet (EAW) was prepared under Minnesota Environmental Policy Act (NIEPA); and, WHEREAS, the City of Elk River, as the responsible governmental unit (RGU) under EQB Rules, prepared an EAW as required by EQB Rules; and, WHEREAS, notice of availability of the EAW was published in the EQB Monitor on February 7, 2011; a press release was given to the Elk River Star News on January 31, 2011; posted notice was given at the Elk River Public Library and Elk River City Hall on January 31, 2011; and copies of the EAW were supplied to all persons and agencies on the EQB official EAW distribution list on January 31, 2011; and, WHEREAS, comments have been received on the EAW from Mark Basiletti, Sherburne Soil & Water Conservation District, February 24, 2011; Karen Kromar, Minnesota Pollution Control Agency, March 9, 2011; Keith Parker, Minnesota Department of Natural Resources, March 7, 2011 and Claudia Dumont, Minnesota Department of Transportation, March 3, 2011; and, WHEREAS, all substantive comments have been responded to appropriately by the City as RGU in the staff memorandum to the City Council, dated Apri14, 2011, from Rebecca Haug, Environmental Administrator; and, WHEREAS, the environmental review process mandated by the Minnesota Environmental Policy Act and implemented through the EQB Rules has been followed and this resolution shall be the City's record of its compliance with the EQB Rules and decision in this matter; and, WHEREAS, the City, as RGU, shall order the preparation of an EIS if the Project has the potential fox significant environmental effects; and, WHEREAS, in deciding whether a project has the potential for significant environmental effects, the City is to apply the criteria set forth in Section 4410.1700 subparts 6 & 7 of the EQB Rules. NOW, THEREFORE, BE IT RESOLVED that based on the information contained in the EAW, the comments received on the EAW, and the responses thereto from City staff in their memorandum to the Council dated April 4, 2011, the City Council of the City of Elk River finds the project does not require the preparation of an Environmental Impact Statement for the following reasons: A. The environmental effects of the project are minimal. B. The project will be subject to ongoing regulatory authority of the City of Elk River and other state agencies. C. Future development in the area of the project will be subject to the requirements of the EQB Rules and will be subject to the ongoing regulatory authority of the City and other governmental agencies. The foregoing resolution was introduced by Council Member and duly seconded by Council Member The following voted in favor of the resolution: The following voted against the resolution: The following were absent: Whereupon the resolution is adopted. Passed and adopted by the City Council of the City of Elk River this 4~ day of April, 2011. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk