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8.3. SR 07-15-2019 Request for Action To Item Number Mayor and City Council 8.3 Agenda Section Meeting Date Prepared by General Business July 15, 2019 Amanda Bednar, Environmental Coordinator Item Description Reviewed by Lake Orono Restoration and Enhancement Brandon Wisner, Stormwater Coordinator Environmental Assessment Worksheet Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion, a resolution issuing a negative declaration of need for an Environmental Impact Statement for the Lake Orono Restoration and Enhancement Project. Background/Discussion WSB Engineering has completed an Environmental Assessment Worksheet (EAW) for the proposed Lake Orono Restoration and Enhancement dredging project. The proposed project would remove approximately 125,000 cubic yards of material from Lake Orono to improve navigation, recreation and wildlife habitat. The lake was previously dredged in 1998. The project triggers the need for a mandatory EAW per Minnesota State Statute. The EAW was filed with the Minnesota Environmental Quality Board, circulated for review and comment to the required EAW distribution list and noticed via press release in the Star News. The public comment period ended June 19, 2019. Comments were received from the Minnesota Department of Transportation, Minnesota Pollution Control Agency, Minnesota Department of Administration – State Historic Preservation Office, Minnesota Department of Natural Resources and US Army Corps of Engineers. Comments were considered in determining the potential significant environmental impacts of the project. An Environmental Impact Statement is required for projects that have potential for significant environmental effects. Based on the comments received and information generated, it has been determined that the project does not have potential for significant environmental effects. The EAW identified areas of potential environmental effects, but appropriate mitigation will be incorporated into the project plans. All required approvals and permits will be obtained as well. Financial Impact None Attachments  Resolution No 19-__ issuing a negative declaration of need for an Environmental Impact Statement for the Lake Orono Restoration and Enhancement Project.  Environmental Assessment Worksheet Record of Decision The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity City of Elk River City Council Resolution 19-____ A Resolution of the City Council of the City of Elk River issuing a negative declaration of need for an environmental impact statement for the Lake Orono Restoration and Enhancement project WHEREAS, pursuant to Minnesota Environmental Quality Board (EQB) Rules, Chapter 4410, part 4410.1000, Subpart 2, the City of Elk River as the responsible governmental unit completed an Environmental Assessment Worksheet (EAW) for the Lake Orono Restoration and Enhancement project; and WHEREAS, pursuant to Minnesota EQB Rules, Chapter 4410.4300 Subpart 27, the project meets the thresholds for an EAW for work within wetlands and public waters; and WHEREAS, copies of the EAW were distributed to all persons and agencies on the official EQB mailing list prior to May 20, 2019; and WHEREAS, copies of the EAW were distributed to all persons and agencies on the official EQB mailing list prior to May 20, 2019; and WHEREAS, notice of the availability of the EAW for public review for a 30-day comment period was published in the EQB Monitor on May 20, 2019; and WHEREAS, a press release was published in the Elk River Star News on May 17, 2019 and June 6, 2019 to announce the availability of the EAW to interested parties; and WHEREAS, the 30-day comment period ended on June 19, 2019 and all comments received have been considered; and WHEREAS, the EAW, in conjunction with comment responses, identified permitting, mitigation, water quality improvements, and habitat improvements, if met, will address environmental effects caused by the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: That it should and hereby does make a negative declaration on the need for an Environmental Impact Statement for the improvements included in the Lake Orono Restoration and Enhancement EAW, provided all mitigation measures of the EAW are implemented by the city as part of the project, and all local, state, and federal environmental standards are followed and incorporated into the final site plans for the project. Passed and adopted this 15th day of July 2019. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS 180 FIFTH STREET EAST, SUITE 700 ST. PAUL, MN 55101-1678 REPLY TO ATTENTION OF REGULATORY BRANCH Regulatory File No. MVP-2019-01134-BBY City of Elk River c/o Amanda Bednar 13065 Orono Parkway Elk River, Minnesota 55330 Dear Ms.Bednar: We have received your EAW prepared by WSB & Associates for the proposed project to remove accumulated sediment from Lake Orono in the City of Elk River.The purpose of this letter is to inform you that based on available information a Department of the Army (DA) permit may be required for your proposed activity. This type of proposed work often includes the permanent or temporary discharge of fill material into waters of the United States for temporary or permanent storage of dredged materials.Any activity that temporarily or permanently impacts a water of the United States might require a DAPermit. If the project is designed not to include a discharge of dredged or fill material into waters of the United States, then a DA\\ permit may not be required. We suggest that you contact this office as the project is being designed and dredged material disposal sites have been identified to determine whether or not aDApermit is required. This letter also provides general information regarding the U.S. Army Corps of Engineers (Corps) regulatory program. When a proposal involves the discharge of dredged or fill material into waters of the United States, it may be subject to Corps jurisdiction under Section 404 of the Clean Water Act (CWA Section 404). Waters of the United States include navigable waters, their tributaries, and adjacent wetlands (33 CFR § 328.3). CWA Section 301(a) prohibits discharges of dredged or fill material into waters of the United States, unless the work has been authorized by a DA permit under CWA Section 404. Information about the Corps permitting process can be obtained online at http://www.mvp.usace.army.mil/Missions/Regulatory.aspx. The Corps evaluation of a CWA Section 404 permit application involves multiple analyses, Policy Act (NEPA) (33 CFR part 325), (2) determining whether the proposal is contrary to the public interest (33 CFT § 320.4), and (3) determining whether the proposal complies with the Section 404(b)(1) Guidelines (Guidelines) (40 CFR part 230). The Guidelines specifically permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic environment, so long as the alternative does not have other signif spent on the proposal prior to applying for a CWA Section 404 permit cannot be factored into the Corps decision whether there is a less damaging practicable alternative to the proposal. You are advised not to perform any work that requires DA authorization without obtaining that authorization. If you have any questions about the Corps regulation of a particular Regulatory Branch (File No. MVP-2019-01134-BBY) waterbody (including wetlands) or activity, please contact the Regulatory project manager listed below and arrange for an on-site consultation. To proceed without first obtaining required DA authorization violates Federal law and exposes the responsible party to criminal, civil, and administrative penalties. If you would like to request a jurisdictional determination, please contact the Corps representative identified in the final paragraph of this letter. If you would like to apply for a DA permit, please fill out the attached application form. Additional application guidance has been included for your use. Please send your completed application form to the U. S. Army Corps of Engineers, Regulatory Branch, 180 Fifth Street East Suite 700, Saint Paul, MN 55101-1678. If an application for a Corps permit has not yet been submitted, the project proposer may request a pre-application consultation meeting with the Corps to obtain information regarding the data, studies or other information that will be necessary for the permit evaluation process. A pre-application consultation meeting is strongly recommended if the proposal has substantial impacts to waters of the United States, or if it is a large or controversial project. For further information or to request a pre-application consultation meeting, please contact Brian Yagle in our St. Paul office at (651) 290-5975 or Brian.B.Yagle@usace.army.mil. In any correspondence or inquiries, please refer to the Regulatory file number shown above. Sincerely, Brian Yagle LeadProject Manager Cc: Shawn Williams WSB Page 2 of 2 Minnesota Pollution Control Agency (MPCA) AntidegradationAssessmentfor Section 401 Water Quality Certification Applicants 7.18.17 In addition to completing the Joint Application Form for Activities Affecting Water Resources in Minnesota, applicants whoseproposedprojects may require anMPCA Individual 401 Water Quality Certification for work in aquatic resources must also provide the information requested below. This will facilitate the MPCA’s review of the proposed project for compliance with the antidegradation water quality standards (Minn. R. 7050.0250 to 7050.0335). Section 401 of the Clean Water Act requires any applicant for a federal license or permittoconduct an activity that may result in a discharge to waters of the United States to obtain certification from the statein which the discharge originatesto ensure compliance with state water quality standards. Theantidegradation assessmentis not required for all projects; if you know that your projectwill qualify for a U.S. Army Corps of Engineers404 GeneralPermit or Letter of Permission (LOP), you do not need to fill outthis form.If the information requested below is already provided in your Joint Permit Application (JPA), please indicate where. Applicant/ProjectName: Date: Environmental Assessment Worksheet (EAW)/Environmental Impact Statement (EIS) Identifywhetheran EAW or EIS was prepared(or will be required)for this project,andinclude theEAW/EISprocess completiondate. Analysis of Non-Preferred Alternatives That Avoid and Minimize Degradation Describe prudentand feasible alternatives thatwouldminimize degradation and avoid or minimize surface water impacts (such as wetlands, lakes, streams, etc.).An analysis of each alternative must include a description ofhow impacts tosurface watersare avoided and/or minimized, and include information on any design considerations and constraints, expected performance, construction, operation, and maintenance costs, and reliability for each alternative. Preferred Alternative Provide a description ofand justification forthe preferred alternative, and verify that the preferred alternativeisthe least degrading prudent and feasible alternative for surface water.Note: Informationin Attachment C of the Joint Application Form for Activities Affecting Water Resources in Minnesota (Application) maybe used to help determine if the preferred alternative, relative to other available prudent and feasible alternatives,is appropriate. Beneficial Uses Describe the current existingbeneficialusesof the surface watersimpacted by the project and how thebeneficialuses will be protected during and after the project. Review Minnesota Rules 7050. 0410-0430 for the classificationthat fits the existing beneficial usesof the waters impacted by your project. https://www.revisor.mn.gov/rules/?id=7050 Indirect Impacts Where partial alteration of asurface water will occur, describe the potential indirect impacts to the remaining surface water,andthe potential impact to nearby wetlands, stream, lakes, etc. When the entire function/acreageof a surface water is lost, describe the impacts to nearby wetlands, streams, lakes, etc. Indirect impacts can include changes in hydrology, aquatic species health or population, changes in vegetation or macroinvertebrate (bug) populations, etc. Loading and Degradation to Surface Waters Describe any anticipated net increases in loading and other causes of degradation expectedinsurface waters that are not directly filled or dredged when your proposed projectpreferred alternativeis fully implemented. Water Quality Comparison Before and After Project Compare and describe the existing water qualityat the project sitewith the anticipated water quality after the project is fully complete and operational. If thesurface area of awater resource will be completely filled, this step is not necessary, but must be addressed in the Mitigation Planbelow. Comparison of Existing and Expected Economic Conditions and Social Services Provide a comparison of existing and expected economic conditions and social services when the proposed project (preferred alternative) is fully implemented. Include description of economic gainsor losses attributable to the proposed activity; contribution to social services; prevention/remediation of environmental or public health threats; trade-offs between environmental media; the value of the water resources; and other relevant environmental,social, and economic impacts of the proposed activity. Description of the Mitigation Plan If the applicant will mitigate the project’s permanent surface water impacts via an approved wetland bank AND the mitigation is type-for-type ANDlocated in the same major watershed (https://www.pca.state.mn.us/water/watersheds) the applicant does not need to complete this portion. Using the project information provided above,describe how the proposed compensatory mitigation will replaceexisting uses and maintain the current level of water quality at the proposed project site(e.g. wetland types, replacement ratio, water monitoring data if available). Describe how the compensatory mitigation will be maintainedandthe monitoring activities that will be conducted to ensure the proposed mitigation is viable. Include a timeline for reporting progressandan intervention/remediationplan to be implemented ifthe mitigation fails. June 14, 2019 Amanda Bednar Environmental Coordinator 16065 Orono Parkway Elk River, MN 55330 RE: Lake Orono Restoration and Enhancement EAW Dear Amanda Bednar, The Minnesota Department of Natural Resources (DNR) has reviewed the Environmental Assessment Worksheet (EAW) for the Lake Orono Restoration and Enhancement project. Regarding matters for which the DNR has regulatory responsibility or other interests, we offer the following comments. We understand that a Natural Heritage Information System (NHIS) license was used for the review and that a concurrence request was submitted to the DNR but had not been received by the time of submittal of the EAW. The DNR review letter is attached so that it can be included as part of the record, and referenced for greater details. The DNR requests that the project proposer prepare an avoidance plan for Blanding’s Turtles, a state-listed threatened species. The plan must include a description of project activities, construction methods, and measures that will be taken to avoid and minimize disturbance to this state-protected species. The avoidance measures should include the following timing restriction: dewate between May 15 and September 15. Other avoidance measures that may be employed are discussed in the attached NHIS review letter and in the EAW. In addition, there may be opportunity to minimize risk of road mortality with strategic fencing placement or other measures. Please see the attached letter and contact non-game specialist Erica Hoaglund (Erica.hoaglund@state.mn.us) for assistance. On behalf of the DNR, thank you for consideration of these comments. Sincerely, Rebecca Horton Region Environmental Assessment Ecologist Attachments: DNR Natural Heritage Information System review letter CC: Lisa Joyal (Endangered Species Review Coordinator) Erica Hoaglund (Non-game Specialist), James Bedell (Area Hydrologist) Minnesota Department of Natural Resources • Ecological and Water Resources 1200 Warner Road, St. Paul, MN 55404 Lake July 15, 2019Environmental Assessment Worksheet Restoration & EnhancementOrono Overview Next StepsReview of Select ItemsEAW Process and TimelineProject Highlights/Summary Why is the EAW required?acre or more of any public water or public waters wetland.section of one -change or diminish the course, current, or crossprojects that will –Wetlands and Public Waters –Subpart 27 CATEGORIESMN Administrative Rules Ch. 4410.4300 MANDATORY EAW  LORE Improvements Summary 125,500 cubic yards of sediment (excavate in winter).depth for navigation, recreation, reduce curly leaf pondweed..), provide PhosImprove dissolved oxygen, water clarity (TSS, study/measurements.Based on DNR comments and sediment depth habitat.Project will improve approx. 53 acres/6 locations of aquatic recreation and adversely affecting the aquatic habitat.Since 1998, sediment has accumulated in the lake, restricting  LORE Improvements Summary EAW Process/Timeline•RGU: Responsible Government Unit (City of Elk River)•EIS: Environmental Impact Statement•EAW: Environmental Assessment Worksheet•EQB: Environmental Quality Board•Relevant Terms EAW Process/Timeline Important Aspects Forthcoming: Project Design Refinement and Permitting Excavation to occur during winter/frozen conditionsEngineers)US Clean Water Act Authorization (US Army Corps of down timing, Aquatic Plant Management-DNR Public Waters Work Permit, Blanding’s Turtle, Lake Drawtraffic access (US Highway 10)MnDOTSHPO Phase 1A archaeological studyComments were received during the comment period: Findings of Fact and Conclusion approvals.City will be required to obtain all necessary permits and 4.City notifies EQB and agencies on decision.3.for Negative Declaration (NO EIS required).City Council votes whether to approve the Record of Decision 2.significant environmental effects. An EIS is not required.on Need for EIS), the project does not have the potential for Based on criteria established in MN Rule 4410.1700 (Decision 1.