Loading...
RES 23-13City of Elk River City Council Resolution 23-13 A Resolution of the City Council of the City of Elk River Approving Record of Decision and the Negative Declaration of Need for an Environmental Impact Statement for the Foster Property Development WHEREAS, Lennar ("Applicant") proposes to develop a residential subdivision that includes approximately 433 single-family homes and 180 multi -family homes along with the required infrastructure such as roads, utilities, sidewalks, trails, and stormwater ponds ("Project"); and WHEREAS, the Project falls within the mandatory environmental assessment worksheet ("EAW") category of Minn. Rules part 4410.4300, Subd. 19 D; and WHEREAS, the City of Elk River is the Responsible Governmental Unit ("RGU"); and WHEREAS, an EAW was prepared by ISG, on behalf of the Applicant, who submitted completed data portions of the EAW to the City of Elk River consistent with Minn. Rules Part 4410.1400; and WHEREAS, the City of Elk River submitted a copy of the EAW to all public agencies on the EAW distribution list and published the EAW availability in the EQB Monitor on December 13, 2022, in accordance with applicable state laws, rules, and regulations; and WHEREAS, the EAW comment period lasted from December 13, 2022, to January 12, 2023, and regulatory agencies submitted written comments during the comment period; and WHEREAS, the City of Elk River acknowledges the comments received from Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota State Historic Preservation Office, and Army Corps of Engineers; and WHEREAS, City staff reviewed the proposed Record of Decision and finds it to be consistent with the evidence submitted to the city and the applicable statutes and regulations, to the best of their knowledge, and recommends the City Council approve the Findings of Fact and Record of Decision dated March 16, 2023, and determine that no environmental impact statement ("EIS") is necessary, reasonable or warranted with respect to the project under the circumstances; and WHEREAS, the City Council desires to make findings of fact and a record of decision that no EIS is required with respect to the Project ("Negative Declaration"). r0 1 1 R [ I 11 ATUR NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. Adopt and approve the Findings of Fact and Record of Decision on the Foster Property Development Environmental Assessment Worksheet in the form which is attached hereto as Exhibit A and hereby makes the Findings of Fact and Conclusions which are contained therein; and 2. Find and determine that, based upon the Findings of Fact and Record of Decision, no environmental impact statement is required for the Project pursuant to the Minnesota Environmental Policy Act of Minnesota Rules Parts 4410.0200 to 4410.6500. Passed and adopted this 20th day of March 2023. fin J. Oietz, Va t ATTEST: If / 4 I F LRLL&I -f e (a, l CA-Y C L rk' ��I.e n � R►%her, fIIIaF.1 11 NATURE Exhibit A► Foster Property Development Findings of Fact and Record of Decision Administrative Background Lennar Corporation is proposing construction of a residential development located at in the City of Elk River, Sherburne County, Minnesota. The project will include the construction of approximately 433 single-family homes and 180 multi -family housing units as well as infrastructure such as roads, utilities, walks/trails, and stormwater ponds. The City of Elk River is the Responsible Governmental Unit (RGU) for this project. An Environmental Assessment Worksheet (EAW) has been prepared in accordance with the Minnesota Rules Chapter 4410. The EAW was mandatory per Minnesota Rules, Part 4410.4300, Subd. 19 D. The EAW was filed with the Minnesota Environmental Quality Board (EQB) and circulated for review and comment to the required EAW distribution list. A notice of availability was published in the EQB Monitor on December 13, 2022. A notice was also published in the Star News. The notice included a description of the project, information on where copies of the EAW were available, and invited the public to provide comments. The EAW was made available electronically on the City of Elk River's website at ha . s 'www.elkrivermn. Tov Documen enter View 11562 Foster -Pro ern--EAW and in hard copy at Elk River City Hall,13065 Orono Parkway NW, Elk River, MN 55376. The EAW comment period extended from December 13, 2022, to January 12, 2023. Written comments were received from four agencies during the comment period. All comments received were considered in determining the potential for significant environmental impacts. Comments and responses to comments are included in Appendix A. Based on the information in the record, which is composed of the EAW for the proposed project, the comments submitted during the public comment period, the responses to the comments, and other supporting documents, the City of Elk River makes the following Findings of Fact and Conclusions. 2. Findings of Fact 2.1 Project Description Lennar Corporation is proposing construction of a residential development located at in the City of Elk River, Sherburne County, Minnesota. The project will include the construction of approximately 433 single-family homes and 180 multi -family housing units as well as infrastructure such as roads, utilities, walks/trails, and stormwater ponds. 2.2 Corrections to the EAW or Changes to the Project since the EAW was Published. There have been no changes or updates to the RAW since publication on December 13, 2023. The summary of impacts and mitigation outlined below reflect the current proposed design. 2.3 Agency and Public Comments on the EAW The City of Elk River received written comments during the comment period from the following four agencies: ■ Minnesota Department of Transportation ■ Minnesota Department of Natural Resources ■ Minnesota State Historic Preservation Office ■ Army Corps of Engineers Consistent with state environmental review rules, responses have been prepared for all substantive comments submitted during the comment period. Written responses have been provided for substantive comments pertaining to analysis conducted for and documented in the EAW (see Appendix A). Original comments in their entirety are included in Appendix B. 2.4 Decision Regarding Need for an Environmental Impact Statement The City of Elk River finds that the analysis completed for the EAW and the additional information considered in this Findings of Fact and Conclusions document are adequate to determine whether the project has the potential for significant environmental effects based on consideration of the four criteria identified in Minnesota Rules, Part 4410.1700, Subd. 7 (described in the sections that follow). 2.4.1 Type, Extent, and Reversibility of impacts The City of Elk River finds the analysis completed for the EAW is adequate to determine whether the project has the potential for significant environmental effects. The RAW described the type and extent of impacts to the natural and built environment anticipated to result from the proposed project. The proposed design for the project includes features to mitigate the identified impacts. Based on the RAW analysis and mitigation commitments, the proposed project is not anticipated to result in substantial impacts. Below is a summary of the findings regarding potential environmental impacts of the proposed project and the design features included to avoid, minimize, and mitigate those impacts. 2.4.1.1 Land Use The project will be compatible with the land uses identified in the adopted comprehensive plan, Mixed Residential, and those adjacent to the project area. The project will include design features to mitigate impacts to adjacent public streets and improve pedestrian and bicycle mobility. The project is anticipated to be developed as a Planned Unit Development to allow flexibility in residential design features while still maintaining compliance with the Land Use designation. 2.4.1.2 Geology, Soils, and Topography Geology Minnesota Geological Survey data within the Project site lists the bedrock as Wonewoc Sandstone and Eau Claire Formation with depths to the bedrock ranging from approximately 50 to 350 feet. There are no known or mapped sinkholes, shallow limestone, shallow aquifers, or karst features identified within or near the project area. Soils and Topography There are approximately 110 acres of land within the project with a soil farmland classification rating of either "Farmland of Statewide Importance" or "All Areas are Prime Farmland". However, there is currently no land within the Project site that is cultivated for agricultural production. As a result, no farmland will be taken out of production as a result of the project. The erosion capabilities of the soils are susceptible as described by the NRCS Soil Erodibility (Kw) Factor rating which ranges across the site from 0.02 to 0.37. Construction activities will temporarily expose soils to an increased risk of erosion from wind and precipitation. Appropriate erosion and sediment control best management practices (BMPs) will be selected based on current site conditions and maintained through the duration of each construction phase to reduce the potential of sedimentation occurring to surface water resources or migrating offsite. Temporary BMPs will be inspected and maintained (per the NPDES Construction Stormwater Permit) until permanent vegetation and stabilization has occurred. Permanent BMPs will be incorporated into project design to minimize erosion during routine operational activities (post - construction). A geotechnical evaluation of the site has been completed which included 22 soil borings across the site. A map of the boring locations and detailed description of the soils observed at each is included in Exhibit B — Geotechnical Report. Topography of the Project site, collected via LOAR, is illustrated on Appendix A — Figure 6. Site elevations were shown ranging from 896 to 946 msl. Site topography generally slopes downward towards the basin located near the center before continuing to the south. Some areas of steep slopes (12% or greater) are present within the site. 2.4.1.3 Water Resources Sutl cc Wa tets There is one DNR Public Waters watercourses, Trott Brook (M-063-001.5), located within the project area. Trott Brook meanders in and out of the project site along its western and southern boundaries. There are no DNR Public Waters basins, designated wildlife lakes, migratory waterfowl feeding/resting areas, trout streams/lakes, MPCA or MDNR listed calcareous fens, outstanding resource value waters, and county or jurisdictional ditches within or adjacent to the project area. Prominent water features located within 1 mile of the project site include the aforementioned Trott Brook as well as two DNR Public Waters wetlands. These wetlands were Khever Marsh (71000300) located approximately 0.6 miles south of the project site, and an unnamed basin (71023800) located approximately 0.8 miles to the north. There are no MPCA Section 303d listed impaired waters located within a 1-mile radius of the project site. 12 wetland areas, totaling approximately 71 acres, were delineated on the main Project site and approved by the Local Government Unit (City of Elk River) of the Minnesota Wetland Conservation Act (Minnesota Rules 8420). A Notice of Decision was issued on November 10, 2021 (LGU Project No. W-21-21). Groundwa ter The depth to ground water appears to vary greatly across the site. During the geotechnical evaluation of the site 22 soil borings were completed across the site. Water tables, when they were observed, ranged from 894.4' to 908.5' MSL. These water tables were all observed in borings taken within or immediately adjacent to wetlands or to open water on site. Water tables typically were not observed within borings taken within upland areas. The deepest of which was taken to a depth of 887.3' MSL with no observed water table. A map of the boring locations and boring logs documenting water tables observed is included in Exhibit B — Geotechnical Report. The Minnesota Department of Natural Resources Cooperative Groundwater Monitoring Website maintains data on ground water levels. The closest observation well to the Project site is DNR Observation Well #86017 (MDH #708372), which is located approximately 2.8 miles southwest of the Project site. The water level in the most recent data record (March 29, 2022) was measured at 859.51' MSL. A majority of the Project site is located within the Elk River Wellhead Protection Area (WHPA). The boundary of the ELK River WHPA is illustrated on Appendix A — Figure 8. According to the Minnesota Department of Health — Minnesota Well Index, there are no identified wells located within the Project site. Multiple domestic wells were mapped on adjacent properties, the nearest of which, MDH #551578, was located approximately 140 feet east of the Project site. WWastewatet Wastewater generated from the site will be discharged into the City of Elk River's sanitary sewer system and flow to the City of Elk River Wastewater Treatment Facility (Facility) located at 248 Railroad Drive, Elk River. The Facility is described as follows within its NPDES Permit (MN0020788): "The Facility has a continuous discharge (SD 001) to the Mississippi River (Class 1C, 2Bdg, 3C, 4A, 4B, 5, 6 water). This is a Class A facility. The Facility is designed to treat an average dry weather design flow of 3.98 million gallons per day (MGD), an average wet weather (AWW) design flow of 4.54 MGD, and a peak hourly wet weather flow of 7.27 MGD. Based on the AWW design flow, the Facility is designed for a five-day carbonaceous biochemical oxygen demand of 203.8 milligrams per liter (mg/L), a total suspended solid of 263.7 mg/L, a total phosphorus of 7.2 mg/L, and a total Kjeldahl nitrogen of 36.0 mg/L. The Facility consists of mechanically cleaned bar screens, an influent Parshall flume, vortex grit removers, two anaerobic selector tanks for phosphorous removal, six extended aeration activated sludge cells in three pairs, three final clarifiers, six effluent sand filters, and UV disinfection. The Facility also adds chlorine for filter maintenance, sulfur dioxide for removal of residual chlorine, and ferric chloride for phosphorous removal. Biosolids treatment consists of four aerated storage tanks (aerobic digesters), which is then processed in a screw press to produce a biosolids cake which is landfill disposed." Construction of new sanitary sewer lines will be required to service the project but no expansions to the City's WWTP are anticipated to be required. Sto=wa ter The quality of existing stormwater runoff from the project is typical of forested land. Stormwater runoff flows from upland areas to lower elevations on site as sheet flow where it generally gets conveyed into the large wetland complex located near the center of the site. This wetland ultimately outlets into Trott Brook. The quality of stormwater runoff from the project post construction will be typical of an urban land use with impervious surfaces and lawn/landscaping generally generating higher concentrations of total suspended solids and total phosphorus. Stormwater runoff is proposed to be conveyed into permanent constructed stormwater treatment infrastructure (e.g. infiltration basins, filtration basins, holding ponds, vegetated swales, etc.) across the site for treatment prior to discharge. Temporary erosion and sediment control best management practices (BMPs) will initially be installed (per the project's SWPPP), maintained/repaired, and amended throughout the construction phases as required to remain compliant with the applicant's NPDES Construction Stormwater Permit. BMPs may include (but are not limited to) silt fence, bio-rolls/filter logs, rock construction entrances, mulch/hydro mulch, and permanent native seeding or turf seeding in appropriate areas. Lea terAppropria Lion No appropriations of surface waters are proposed as part of the Project. Water will be sourced from the City of Elk River's existing public water supply system (PWS #1710004). The City's PWS is currently sourced from eight groundwater wells (MDH #s 255153, 221176, 481794, 537682, 580320, 664852, 694499, and 757624). Construction of new watermains will be required to service the project but no expansions to the City's PWS are anticipated to be required. Short-term temporary construction dewatering of surface or ground waters may be required at the time of construction (depending on current field conditions) to facilitate construction activities (e.g., utility installation, etc.). If dewatering is anticipated to exceed 10,000 gallons per day or 1,000,000 gallons per year, the contractor will be required to obtain a Water Appropriations Permit from the Department of Natural Resources (MDNR) Division of Waters prior to initiating such activities. Measures to avoid, minimize, or mitigate the environmental effects from construction related to dewatering are unknown at this time, and therefore will be determined when developing the dewatering plan as required by a Stormwater Pollution Prevention Plan amendment of the NPDES Construction Stormwater Permit. wetlands 12 wetland areas, totaling approximately 71 acres, were delineated on the main Project site and approved by the Local Government Unit (City of Elk River) of the Minnesota Wetland Conservation Act (Minnesota Rules 8420). A Notice of Decision was issued on November 10, 2021 (LGU Project No. W-21-21). Approximately 18 acres of the current wetland area on site consists of land that had previously been mined as part of a gravel pit. These areas would meet the definition of an "incidental wetland" under Minnesota Administrative Rule 8420.0105 and therefore are not regulated under the Minnesota Wetland Conservation Act. Additionally, portions of these areas have depths up to approximately 20'. As a result, these areas function more as deep -water habitats rather than wetlands. Wetland impacts were avoided to the extent possible during the preliminary design phase of the overall site plan (Exhibit A). The final design will attempt to avoid and/or minimize impacts to the extent possible. Should unavoidable impacts remain, the proper permitting processes will be followed in accordance with the WCA and/or Section 404 of the Clean Water Act as applicable. This process would involve applying for a replacement plan potentially requiring compensatory mitigation. The area of wetland impact and jurisdictional status of the wetlands will be determined by the proper governmental agency during the permitting process following conclusion of the environmental review process. Other Surfs cc W/a tens No other surface water features (lakes, streams, intermittent channels, or county/jurisdictional ditches) will be physically or indirectly altered during the construction or operation of the proposed project. The only water feature located on the project site is the DNR Public Waters watercourse Trott Brook which meanders in and out of the project site along its western and southern boundaries. Trott Brook was avoided during the preliminary design phase of the overall site plan (Exhibit A). Temporary erosion and sediment control best management practices (BMPs) will initially be installed (per the project's SWPPP), maintained/repaired, and amended throughout the construction phases to avoid indirect impacts to Trott Brook. BMPs may include (but are not limited to) silt fence, bio-rolls/filter logs, rock construction entrances, mulch/hydro mulch, and permanent native seeding or turf seeding in appropriate areas. Following construction, permanent constructed stormwater treatment infrastructure (e.g. infiltration basins, �1 filtration basins, holding ponds, vegetated swales, etc.) will protect help Trott Brook. This will provide storage and treatment to waters prior to discharging into Trott Brook. 2.4.1.4 Contamination/Hazardous and Materials/Wastes Pre -Project Site Conditions Minnesota Pollution Control Agency (MPCA) records do not indicate any current or former contamination sites within or immediately adjacent to the project area. The MPCA's What's In My Neighborhood database of known sites within proximity of the project area is illustrated on Appendix A — Figure 10. There was one documented petroleum leak within one-half mile of the project site. This leak occurred at the Holzen Residence site located approximately 0.4 miles north of the project site. This site was issued regulatory site closure on March 27, 2009. The project proposer anticipates a minimal risk of encountering contaminated materials or groundwater during construction based on the lack of past land uses and due to geographic location of the listed leak sites in relation to the project area. Project construction and operation is not expected to cause or exacerbate a pre -project contaminated condition(s); therefore, no measures are planned to avoid, minimize, or mitigate adverse effects from existing contamination or potential environmental hazards. If potentially contaminated materials (or other environmental hazards) are discovered during construction activities, the project proposer/contractor will immediately cease activities in the area, then take appropriate and reasonable actions to contain and reduce the human health/environmental risk prior to contacting the State of Minnesota Duty Officer, Sherburne County, and project proposer's representative. The development of a Contingency Plan or Response Action Plan will be initiated if analytical results characterize the discovered materials as a regulated contaminated waste. Project -Related Generation/Storage ofSolid Wastes Solid and liquid wastes generated from construction materials and equipment are expected in minimal amounts during periods of active construction. Wastes may include sediment laden construction dewatering or typical construction debris associated with residential development (lumber, siding, roofing materials, etc.).. The contractor will be required to immediately haul offsite and/or temporarily store and dispose (or recycle) of all waste in accordance with MPCA regulations and the NPDES Construction Stormwater Permit. Project -Related Use/Storage ofHazardous Materials Hazardous materials (portable fuel tanks and lubricants) may be used for equipment operations during construction and temporarily placed onsite in sealed containers (at all times) and under secured restricted access during non -working hours. These materials will only be used during active construction for refueling and maintenance of construction equipment. To ensure that fuel spills do not contaminate surface and ground waters, construction and maintenance activities would occur at reasonable distances from surface waters and steep sloped areas. The contractor will be required to abide by the Pollution Prevention Management Measures (Part IV.F.2) of the NPDES Construction Stormwater Permit All hazardous materials will be removed from the Project site upon completion of construction. Project -Related Generation/Storage ofHazatdous bastes Hazardous waste storage and disposal associated with construction activities will comply with the NPDES Storm Water Pollution Prevention Plan during periods of construction. Following construction, the development will not generate hazardous wastes. 2.4.1.5 Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources (Rare Features) Fish and lildlife Resources Ecological land units for the project area have been mapped and defined in the Ecological Classification System (ECS), which has been adopted by the Minnesota DNR. The project location occurs in the Anoka Sand Plain subsection (222Mc). The Anoka Sandplains subsection largely consists of a broad, flat, sandy lake plain that historically consisted of oak savanna and upland Prairies. The Project occurs within the northern Twin Cities metropolitan area and surrounding lands now largely consist of urban development. The Project site itself largely consists of wooded and wetland areas. Approximately 160 acres of wooded lands are present across the site. Based on historic aerial photography approximately 62 of those wooded acres used to be cultivated for agricultural production through 2005, after which the land was left uncultivated and naturally developed into its current state. Wetlands comprise approximately 71 acres of the site. This includes multiple wetland communities including Type 1 — Floodplain Forest, Type 2 — Fresh (wet) Meadow, and Type 5 — Shallow Open Water. Approximately 18 acres of the current wetland area on site consists of land that had previously been mined as part of a gravel pit. Portions of these areas have depths up to approximately 20'. As a result, these areas function more as deep -water habitats rather than wetlands. Rare Fea tures There were two areas of Minnesota County Biological Survey Sites of Biodiversity Significance located within the project area. These areas were both part of the MBS site "Elk River 36 Westcentral' and were given a biodiversity significance rank of `Below". A U.S. Fish & Wildlife Service Official Species List for the Project site listed one federally listed threatened species, the Northern Long -Eared Bat, and one candidate species, the Monarch Butterfly, that may potentially be affected by the Project. There were no critical habitats mapped within the project site. The U.S. Fish & Wildlife Service Official Species List can be seen in Exhibit C. Natural Heritage Information System (NHIS) data for Sherburne County has been obtained by ISG via a license agreement with the Minnesota DNR (LA-1040). A review of the database identified 1 rare feature within the immediate vicinity of the Project site that could have the potential to be adversely affected by the proposed project. This rare feature was the Black Sanshell mussel. The Project site was located entirely within the mapped element occurrence of the Black Sandshell. Since no work will be taking place within the banks of Trott Brook and erosion control BMPs will be implanted during construction to prevent indirect impacts to the stream no adverse impacts to Black Sandshell populations are anticipated to result from the Project Identified Fish, Wildlife, Plant Communities, Rare Features, and Ecosystems Existing plant communities will be affected by the change in land use. Approximately 148 acres of wooded land will be cleared to allow for construction of the Project. Based on historic aerial photography approximately 62 of those wooded acres used to be cultivated for agricultural production through 2005, after which the land was left uncultivated and naturally developed into its current state. It should be noted that many of the trees onsite are fallen, damaged, or in poor condition. Additionally, an approximate 3.92 acres of unavoidable permanent wetland impacts are anticipated to occur as a result of construction of the Project including the ghost plat areas. This includes the following: . Bata Project- Ghost Plats WC4 Re;ifiated Wetlands 2.71 0.32 Afinhig Peed Incidental ffleiland,s 0.89 000 Since there are no critical habitats located within the Project site this change in land use should not result in any negative effects to any threatened or endangered species. Measures to prevent the spread of invasive species during construction include working in non - infested areas first before moving to infested areas, thoroughly cleaning equipment after working in infested areas and before mobilizing to a different portion of the project site or a different project and revegetating disturbed areas as soon as possible after construction is completed in an area. Mitigation Measures Unavoidable wetland impacts will be minimized to the greatest extent feasible, considering the site constraints of each proposed wetland impact and surrounding area (such as special considerations per MN Rules 8420.0515). It is estimated that the project may result in up to approximately 3.92 acres of permanent wetland impacts that will occur as a result of construction of the Project including the ghost plat areas. Wetland impacts were avoided to the extent possible during the preliminary design phase of the overall site plan (Exhibit A). The final design will attempt to avoid and/or minimize impacts to the extent possible. Should unavoidable impacts remain, the proper permitting processes will be followed in accordance with the WCA and/or Section 404 of the Clean Water Act as applicable. This process would involve applying for a replacement plan potentially requiring compensatory mitigation. The area of wetland impact and jurisdictional status of the wetlands will be determined by the proper governmental agency during the permitting process following conclusion of the EAW process. An estimated 148 acres of wooded land will be cleared to allow for construction of the Project. Based on historic aerial photography approximately 62 of those wooded acres used to be cultivated for agricultural production through 2005, after which the land was left uncultivated and naturally developed into its current state. It should be noted that many of the trees onsite are fallen, damaged, or in poor condition. A tree preservation plan will be submitted to the City of Elk River for approval prior to commencing construction. 2.4.1.6 Historic Properties Information was requested and received from the Minnesota Historical Society State Historic Preservation Office (SHPO). Upon conducting a search of the Minnesota Archaeological Inventory and Historic Structures Inventory, no previously known archaeological sites or historic properties/structures were identified within the same sections or adjacent sections of the proposed project. The proposed project will have no direct or indirect adverse impacts to archaeological sites or historical properties. SHPO also submitted written comments during the public comment period stating there are no records of historical significance. 2.4.1.7 Visual There is a large open water area that was formerly a pit resulting from past mining operations present within the Project site. This water body is currently landlocked within private property and is not visible to the public from existing Rights -of -Way. Development of the Project will avoid impacting this area to the extent feasible and will provide scenic views of the water body within the future neighborhood from roads, sidewalks, homes, and yards. The completed Project will not create any significant visual nuisances such as intense light pollution or vapor plumes. Visual impacts will consist of nighttime lighting consisting of streedamps and yard lights typical of residential development and required for public safety reasons. OKI 99elm Sta tionary Source Emissions The Project is not anticipated to result in any temporary or permanent stationary sources of air emissions. There are no existing permitted air facilities or sensitive receptors within the vicinity of the proposed Project. Vehicle Emissions The project will result in an increase to local traffic. This will result in an increase to local vehicle air emissions. A number of recommended improvements to the public roadway network have been included within the Traffic Impact Analysis Report. Examples include adding dedicated turn lanes to intersections and reevaluating posted speed limits to aid in traffic circulation and reduce stationary idling times. Dust and Odors Dust common to construction and earth moving practices is expected (in the form of fugitive dust) during periods of dry weather. Dust will be visually monitored and recorded in conjunction with the NPDES Construction Stormwater Permit inspections. Appropriate dust control best management practices (such as soil wetting, misting/water vapor, and hydraulic additives) may be implemented (upon inspection or public complaint) by the contractor as necessary to control dust from leaving the Project site during all phases of construction. Specific dust control best management practices will be determined based on severity, weather conditions (i.e. wind speed), and current site conditions. Dust and odors caused from vehicles parked within driveways and along streets will vary depending on the number and types of vehicles actively moving in one area and current weather conditions. Pollutants generated from vehicle exhausts may concentrate and linger (possibly where vehicles congregate) which may cause a short-term odor that eventually dissipates. 2.4.1.9 Noise Existing noise in the Project area includes vehicle traffic from adjacent roads and noise generated from the outdoor recreational facility to the south. Sensitive receptors located within proximity to the project site include adjacent residential homes. Exterior noise while construction is taking place may range from 65-95 dBA. Post -construction exterior noise is anticipated to be generated from intermittent traffic and recreational activities. All exterior noise is expected to be less than the State of Minnesota noise rules in a residential land use setting (<65 dBA daytime & <55 dBA nighttime). Nearby residential homes may experience a temporary increase in noise duration and frequency during construction; however, these noises will be conducted during restricted hours. Post construction noise will be typical of surrounding residential areas and will not exceed the State of Minnesota statutory limits for residential receptors (NAC 1), Minnesota Rules 7030.0040, therefore, any noise anticipated from standard operations and construction activities will not result in a decreased quality of life. 2.1.1.10 Transportation Currently the site has no parking stalls. Post construction there will be, including the ghost plats, 609 housing units which will all have garages and driveways for parking. Additionally, street parking will be available across much of the Project site. A detailed breakdown of site parking is available in the Parking Study included in Exhibit F —Parking Study. A detailed breakdown of site traffic is available in the Traffic Impact Analysis Report is included in the EAW. The project is estimated to generate 441 trips at peak hour traffic on weekday mornings (7:00 AM to 8:00 AM) and 548 trips at peak hour on weekday afternoons (3:00 PM to 4:00 PM). Estimates were generated utilizing the ITE Trip Generation Manual (11th Edition). The project will result in an increase to local traffic. A number of recommended improvements to the public roadway network have been included within the Traffic Impact Analysis Report. Examples include adding dedicated turn lanes to intersections and reevaluating posted speed limits. Alternative methods of transportation include public transportation. The MetroTransit Elk River station is located approximately two miles south of the project site. Additionally, abundant sidewalks and bike trails are located throughout the City of Elk River. 2.4.2 Cumulative Potential Effects of Related or Anticipated Future Projects Cumulative effects result from the incremental impact of the proposed project when added to other past, present, and reasonably foreseeable future actions, regardless of what agency or person undertakes such other action. Analysis of cumulative effects are summarized below. Site preparation work is anticipated to begin as soon as the Fall of 2022. Site construction will take place over the course of four phases which may last up to multiple years dependent upon market conditions. Construction activities will include tree removals, site earthwork, utility installation, and the construction of housing units, roads, walks/trails, and stormwater ponds. It is estimated that the project may result in up to approximately 3.92 acres of permanent wetland impacts that will occur as a result of construction of the Project including the ghost plat areas. This includes the following: Main Project Ghost Plats MM.Regulated Mai dmids 2.71 0.32 Mfing Pond Incidental Weflayids 099 1 0.00 _ Wetland impacts were avoided to the extent possible during the preliminary design phase of the overall site plan (Exhibit A). The final design will attempt to avoid and/or minimize impacts to the extent possible. Should unavoidable impacts remain, the proper permitting processes will be followed in accordance with the WCA and/or Section 404 of the Clean Water Act as applicable. This process would involve applying for a replacement plan potentially requiring compensatory mitigation. The area of wetland impact and jurisdictional status of the wetlands will be determined by the proper governmental agency during the permitting process following conclusion of the environmental review process. An estimated 148 acres of wooded land will be cleared to allow for construction of the Project. Based on historic aerial photography approximately 62 of those wooded acres used to be cultivated for agricultural production through 2005, after which the land was left uncultivated and naturally developed into its current state. It should be noted that many of the trees onsite are fallen, damaged, or in poor condition. A tree preservation plan will be submitted to the City of Elk River for approval prior to commencing construction. Reasonabl,vForeseeable Future Projects Reasonably foreseeable future projects that may interact with environmental effects of the proposed Project potentially include adjacent residential developments. The City of Elk River Comprehensive Plan projects the city to experience consistent population growth through the year of 2035. The growing population will result in an increased need for housing. Properties adjacent to the Project site are currently zoned for single-family residential use and as a result will likely be looked at as potential sites for development. Due to the lengths of planning and design any adjacent developments likely will not occur during the same timeframe as the construction of the Project. Following construction, the Project is not anticipated to contribute to any additional environmental effects resulting in cumulative potential effects. Therefore, the Project is not anticipated to contribute to any significant environmental effects due to cumulative effects. In addition to the potential environmental impacts addressed by items 1 to 18, the economic and sociological impacts of the project were considered. The economic and social impacts of the project on the local community are anticipated to be beneficial by bringing additional housing opportunities and property/sales tax income following construction. 2.4.3 Extent to which the Environmental Effects are Subject to Mitigation by Ongoing Public Regulatory Authority The mitigation of environmental impacts will be designed and implemented in coordination with regulatory agencies and will be subject to the plan approval and permitting process. Permits and approvals that have been obtained or may be required prior to project construction are outlined below: Lait of government T� a Of 2PPUCatiOU Status ' .WhInesata Pollution Control INMES Constmetion To be Submitted enct' ddPCAi Stormxaty Permit Wedand C'anserwation Ac+ - Submitted and approved lVetland Delineation lVedand Conservation Act - To be Submitted Cit� of0k&var T�'etland Re lacementPian Flood lain Permit 356 by Submitted (i' needed) Buildin — Residential To be Submitted Sewer and Water To be Submitted Minnesota Jepartmentof JlatwAppropriations To be Submitted (if needed) Natural Resolar: es (MhDAR) 2.4.4 Extent to which Environmental Effects can be Anticipated and Controlled as a Result of Other Environmental Studies The City of Elk River has previous single-family and mixed residential development experience, and similar projects have been designed and constructed within the community. The closes similar projecting immediately abuts the project on the north boundary. Design and construction staff are familiar with the project area. No problems are anticipated in which staff has not encountered and successfully solved previously in similar projects in or near the project area. The city finds that the environmental effects of the project can be anticipated and controlled as a result of environmental review and experience on similar projects. 3. Conclusions 1. All requirements for environmental review of the proposed project have been met. 2. The RAW and the permit development processes related to the project have generated information that is adequate to determine whether the project has the potential for significant environmental effects. 3. Areas where potential environmental effects have been identified will be addressed during the final design of the project. Mitigation will be provided where impacts are expected to result from project construction, operation, or maintenance. Mitigation measures are incorporated into project design and have been or will be coordinated with state and federal agencies during the permit process 4. Based on the criteria in Minnesota Rules, part 4410.1700, the project does not have the potential for significant environmental effects. 5. An Environmental Impact Statement is not required for the proposed project. For the City of Elk River s ack Carlton Community Development Director Aas-C/4 16, Date Appendix A: Responses to Substantive Comments U FEBRUARY 15, 2023 RE: RESPONSE TO COMMENTS RECEIVED DURING ENVIRONMENTAL ASSESSMENT WORKSHEET PUBLIC COMMENT PERIOD FOR THE FOSTER PROPERTY - ELK RIVER The Environmental Assessment Worksheet (EAW) for the Foster Property development in Elk River was published and released for public review on Tuesday, December 13, 2022. The 30-day public comment period closed on Thursday, January 13, 2023. Acknowledgements of the EAW were received by four agencies. Three of which contained no formal comments to address. These were from the U.S. Army Corps of Engineers (USACE), Minnesota Department of Transportation (MnDOT), and the Minnesota State Historic Preservation Office (SHPO). Copies of the written acknowledgments are attached for reference. The Minnesota Department of Natural Resources (DNR) submitted a plan review letter dated January 12, 2023 in response to the EAW. A copy of the letter is attached for reference. Please note that each review item is restated below along with our corresponding response. 1. Page 5, Zoning. It is not clear from the EAW if the subdivision does comply with RID zoning. This section says the site is, "zoned as RID Single Family Residential. The Plan defines the purpose of RID districts as follows: 'This district is intended to accommodate single-family residential dwellings with large lots and higher quality housing within the municipal sewer and water access area. This district is explicitly for areas that possess significant natural features and is intended to encourage the design of subdivisions that protect these natural features."' Based on this zoning description and intent to protect natural features, the destruction of nearly 148 acres of forest, along with nearly four acres of wetland impacts does not seem consistent with this intent. It is unclear if the site will be mass graded in such a way that removes nearly all existing natural features from individual lots. It is also unclear what attempts at tree preservation will be made, such as conducting a tree inventory and identifying high quality resources to preserve during the development process, and/or offsetting tree destruction through compensatory tree planting/restoration efforts. Response: The project site is located within a residentially zoned district. While the R-1D district does "encourage" the protection of natural features it is ultimately intended for residential development, not solely land conservation. The project both meets the city's requirements for site densities and includes natural feature protection as part of the project. Within the 253-acre site, approximately 134 acres of land will remain in a natural state within outlots following construction. This includes over 67 acres of wetland, including an area of over 42 contiguous acres. Planting of new trees across the site will offset the tree removals required to construct the project infrastructure. A planting plan has been developed in compliance with the City of Elk River's City Code (Sec. 30-934) which includes the planting of 1,575 new trees. It should be noted that much of the project site has previously been disturbed by mining and row crop production and many of the young trees onsite consist of non -desirable species. Additionally, a significant amount of the mature trees on -site are either rotted or have fallen as well. 2. Page 5, Zoning. It appears that portions of the proposed development will be located within 300 feet of Trott Brook, a public water. It is unclear how the project will comply with local shoreland ordinances regarding setbacks, impervious surfaces, and vegetation removal. Response: Within the City of Elk River's City Code (Sec. 30-2042), Planned Unit Development (PUD) is a permissible type of development within shoreland districts. All housing units that fall within the shoreland district will abide by the required setback of 50' from rivers for sewered structures (Sec. 30-2022) and any other applicable requirements. 7900 International Drive + Suite 550 + Bloomington, MN 55425 952.426.0699 + ISGlnc.com Architecture + Engineering+ Environmental + Planning 3. Page 10, Stormwater. Blanding's turtles, a protected state -listed threatened species, have been documented within the vicinity of the project. Stormwater features may be colonized by Blanding's turtles in the area, therefore we recommend incorporating measures to avoid impacting this species into stormwater management. In years when the stormwater features will be dredged to remove excess sediment, please draw down water levels by September 15th in order to allow turtles to find ovenaintering habitat elsewhere. Response: The City will ultimately be responsible for management of the stormwater features in the future and will make every attempt to draw down water levels by September 15"' when feasible during years when stormwater features will be dredged. 4. Page 10, Stormwater. We recommend that BWSR-approved, weed -free, native seed mixes be used to the greatest degree possible in stormwater features and development landscaping in order to provide pollinator habitat. Native plants also require less irrigation and soil inputs than traditional landscaping. response: Seeding of stormwater features will consist of a combination of BWSR approved MnDOT seed mixes as well as ISG custom designed seed mixes, both of which are weed -free native seed mixes. Seed mixes were chosen/designed on a feature -to -feature basis based on soils and planned hydrology for each stormwater feature. The specified MnDOTseed mixes match typical hydrological conditions for stormwater features. The ISG custom designed seed mixes are created by Plant Ecologists and utilize native species that are sand specialists or able to handle extreme hydrology events. All stormwater features will serve as pollinator habitat. Additionally, pollinator friendly habitat is also planned as part of the project in and around the trail system and other open spaces within the development. 5. Page 10, Stormwater. The significant increase in impervious surfaces will also increase the amount of road salt used in the project area. Chloride released into local lakes and streams does not break down, and instead accumulates in the environment, potentially reaching levels that are toxic to aquatic wildlife and plants. Consider promoting local business and city participation in the Smart Salting Training offered through the Minnesota Pollution Control Agency. There are a variety of classes available for road applicators, sidewalk applicators, and property managers. More information and resources can be found at this website. Many winter maintenance staff who have attended the Smart Salting training — both from cities and counties and from private companies — have used their knowledge to reduce salt use and save money for their organizations. We encourage local governments to request that project proposers who wish to significantly increase impervious surfaces develop a chloride management plan that outlines what BMP's and strategies will be used to reduce chloride use within the project area, and then tie that plan to City 0&M agreements. We also encourage cities and counties to consider how they may participate in the Statewide Chloride Management Plan and provide public outreach to reduce the overuse of chloride. Here are some educational resources for residents as well as a sample ordinance regarding chloride use. Response: The City Trains plow drivers to the standards outlined in the Statewide Chloride Management Plan. The city also has their own chloride management plan and closely monitors the amount of salt applied during a storm event. 6. Page 15, Rare Features. This section should describe common wildlife that utilizes the project area. Response: According to the Ecological Classification System (ECS) adopted by the DNR, the project site is located within the Anoka Sandplain subsection. The ECS Subsection Profile for the Anoka Sand Plain lists well-known species within the subsections as sandhill cranes, trumpeter swans, bald eagles, bobolinks, and lark sparrows. Page 2 of 4 952.426.0699 + ISGInc.com 7. Page 15, Rare Features. If rare features are identified within one mile of a project area using a license agreement, then a concurrence and next steps from DNR must be obtained by coordinating through Minnesota Conservation Explorer. Only DNR can make a determination on whether or not a project is likely to impact a state -listed species. Response: A Natural Heritage Review request has been submitted for the project through the Minnesota Conservation Explorer. The project is currently `In Queue" for further review. Attached is a copy of the Formal Natural Heritage Review - Cover Page. 8. Page 15, Rare Features. Recently U.S. Fish and Wildlife Service made the decision to up -list the northern long-eared bat (NLEB) from the status of federally threatened to federally endangered. This new status goes into effect January 30th, 2023. This follows precipitous declines of more than 90% since the species federal listing as threatened in 2015. NLEB are known to occur in Sherburne County and throughout Minnesota. Tree removal is an activity that could negatively impact this species, therefore it is important that the project proposer coordinates with USFWS regarding potential Impacts to the NLEB, and follows the instructions for consultation provided within the appendix. Please see the USFWS website for more information: Northern Long-eared Bat (Myotis septentrionalis) I U.S. Fish & Wildlife Service (fws.gov) Response: The determination key for NLEB Consultation and 4(d) Rule Consistency was completed for the project using the USFWS lPaC system. An official Consistency Letter for the project was issued stating `this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat."A copy of this letter is attached. The project site is not located within a 0.25-mile radius of a known northern long-eared bat hibernacula, doesn't include any known occupied maternity roost trees, and isn't within a 150-foot (45-meter) radius from any known maternity trees. Therefore, the project is not subject to tree removal timeline restrictions. 9. Page 15, Rare Features. Blanding's turtles (Emydoidea blandingii), a state -listed threatened species, have been documented in the vicinity of the proposed project. Blanding's turtles use upland areas up to and over a mile distant from wetlands, waterbodies, and watercourses. Uplands are used for nesting, basking, periods of dormancy, and traveling between wetlands. Factors believed to contribute to the decline of this species include collisions with vehicles, wetland drainage and degradation, and the development of upland habitat. Any added mortality can be detrimental to populations of Blanding's turtles, as these turtles have a low reproduction rate that depends upon a high survival rate to maintain population levels. This project does have the potential to impact this rare turtle through direct fatalities and habitat disturbance/destruction due to excavation, fill, and other construction activities associated with the project. Minnesota's Endangered Species Statute (Minnesota Statutes, section 84.0895) and associated Rules (Minnesota Rules, part 6212.1800 to 6212.2300 and 6134) prohibit the take of threatened or endangered species without a permit. As such, the following avoidance measures are required: • Avoid aquatic impacts during hibernation season, between October 15th and April 15th, unless the area is unsuitable for hibernation. • The use of erosion control blanket shall be limited to 'bio-netting' or 'natural -netting' types, and specifically not products containing plastic mesh netting or other plastic components. Please update project plans so that this information is given to contractors. o Also, be aware that hydro -mulch products may contain small synthetic (plastic) fibers to aid in their matrix strength. These loose fibers could potentially re -suspend and make their way into Public Waters. As such, please review mulch products and not allow any materials with synthetic (plastic) fiber additives in areas that drain to Public Waters. Page 3 of 4 952.426.0699 + ISGInc.com ISG Areas where there will be construction, especially aquatic areas, should be checked for turtles before the use of heavy equipment or any ground disturbance. o The Blanding's turtle flyer must be given to all contractors working in the area. o Monitor for turtles during construction and report any sightings to the DNR Nongame Specialist, Erica Hoaglund at 651-259-5772 or Erica.Hoaglund@state.mn.us. o If turtles are in imminent danger they must be moved by hand out of harm's way, otherwise, they are to be left undisturbed. If the above avoidance measures are not possible, please contact NHIS.Review@state.mn.us as further action may be needed. For additional information, see the Blanding's turtle fact sheet, which describes the habitat use and life history of this species. The fact sheet also provides two lists of recommendations for avoiding and minimizing impacts to this rare turtle. Please refer to both lists of recommendations and apply those that are relevant to your project. For further assistance regarding the Blanding's turtle, please contact the DNR Regional Nongame Specialist, Erica Hoaglund. Response: The avoidance measures listed above will be included within the construction specifications for the project in order to educate contractors in an attempt to minimize any potential impacts on protected species. it should be noted that all pond outlets that are a part of the project were designed to the state standard for aquatic organism passage and that the wetland preservation within outlets will provide habitat onsite. 10. Page 16, Rare Features. The project plans to destroy 148 acres of contiguous forested habitat. The EAW states multiple times that 62 acres of the forested area has only established since 2005, and that fallen or dead trees are present indicating that the forested habitat is of poor quality. Please be aware that fallen or dead trees as well as relatively recent forest established within the past 20 years all provide significant wildlife habitat to many species. This level of tree removal would be a huge impact to wildlife in the area. Minnesota has lost much of the deciduous forests that used to present within the region to development, which makes retaining forest, even the small and isolated remnants on the landscape, especially important for wildlife habitat, clean water, and for the recreation/aesthetic values to the residents of the development. Therefore, we recommend minimizing the amount of tree removal to the greatest extent possible and not conducting tree and shrub removal during key nesting periods from April through July. Response: Tree removal will be avoided to the extent feasible during the key nesting period of April through July. As stated previously, approximately 134 acres of land within the 253-acres site will remain in a natural state within outlots following construction. Planting of new trees across the site will offset the tree removals required to construct the project infrastructure. A planting plan has been developed in compliance with the City of Elk River's City Code (Sec. 30- 934) which includes the planting of 1,575 new trees. It should be noted that much of the project site has previously been disturbed by mining and row crop production and a many of the young trees onsite consist of non -desirable species. A significant amount of the mature trees on -site are either rotted or have fallen as well. Page 4 of 4 952.426.0699 + ISGInc.com i ® Architecture + Engineering + Environmental .q Planning Foster Property Development MCE #: 2023-00035 Page 1 of 4 NAB RAC Formal Natural Heritage Review - Cover Page See next page for results of review. A draft watermark means the project details have not been finalized and the results are not official. Project Name: Foster Property Development Project Proposer: US Home, LLC Project Type: Development, Residential Project Type Activities: Tree Removal;Wetland impacts (e.g., discharge, runoff, sedimentation, fill, excavation) TRS: T33 R26 S35, T33 R26 S36 County(s): Sherburne DNR Admin Region(s): Central Reason Requested: State EAW Project Description: US Home, LLC is proposing construction of a residential development located at in the City of Elk River, Sherburne County, Minnesota. The project will ... Existing Land Uses: Existing land use of the site consists primarily of wooded upland and wetland areas with some areas of grassland. Landcover / Habitat Impacted: The landcover/habitat type that will be impacted is predominantly consisted of wooded land. Areas of wetland will be impacted as well. Waterbodies Affected: Waterbodies that will be impacted consist entirely of wetland areas. Impacts will consist of areas of fill. Groundwater Resources Affected: Water for the project will be sourced from the City of Elk River's existing public water supply system (PWS #1710004). Construction of new watermains ... Previous Natural Heritage Review: No Previous Habitat Assessments / Surveys: No SUMMARY OF AUTOMATED RESULTS Category Results Response By Category Project Details No Comments No Further Review Required Ecologically Significant Area Comments Local Conservation Value - Comment State -Listed Endangered or Threatened Species Needs Further Review State -protected Species in Vicinity State -Listed Species of Special Concern Comments Recommendations Federally Listed Species No Records Visit IPaC For Federal Review 1/16/2023 04:18 PM Foster Property Development MCE #: 2023-00035 Page 2 of 4 m�DEPARTMENT OF NATURAL RESOURCES January 16, 2023 Project Name: Foster Property Development Project Proposer: US Home, LLC Project Type: Development, Residential Project ID: MCE #2023-00035 AUTOMATED RESULTS: FURTHER REVIEW IS NEEDED As requested, the above project has undergone an automated review for potential impacts to rare features. Based on this review, one or more rare features may be impacted by the proposed project and further review by the Natural Heritage Review Team is needed. You will receive a separate notification email when the review process is complete and the Natural Heritage Review letter has been posted. Please refer to the table on the cover page of this report for a summary of potential impacts to rare features. For additional information or planning purposes, use the Explore Page in Minnesota Conservation Explorer to view the potentially impacted rare features or to create a Conservation Planning Report for the proposed project. If you have additional information to help resolve the potential impacts listed in the summary results, please attach related project documentation in the Edit Details tab of the Project page. Relevant information includes, but is not limited to, additional project details, completed habitat assessments, or survey results. This additional information will be considered during the project review. 1/16/2023 04:18 PM ti. .r .--'ice �4 �� ; ��,h" y'r++ •'���; �: � + ' 5 � R• SL, Ilk ! m Birch Plead' tv 1 = L Park Ir lau fti �H�1ilr� � sir •` � `r r rpeu ii I �f rM1v rmot.. A.. 18�1sS:A� d � i a X + ai , � , ' .Hillside C�ty'r' .,�• • `�� 'b,�� . �" *. � �. — m �.:� •,� H 7Ttith;AyE "v �• � 5 �&Sh,q iE * a roS76Ih Sc i 4.7 tI Ave tVyil .s _ Foster Property Development MCE #: 2023-00035 Page 4 of 4 Foster Property DeveloRapment USA Topo Basemap With Locator • d l T %rd Oenue4, � 1 �hwest i �4akes Road Northwest 972ft E 07 Birch F 181st Avenue Northwest 0 A T 7 o. u, ry m r N 01 � � O N Z i !d O � N d c s koda � u, 2 �'o o E £ 175th Avenue Northwest LL m N 10 rr N 0 0.150.3 0.6 0.9 12 W+E Miles —� S Project Boundary Project Type: Development, Residential Project Size (acres): 267.93 County(s): Sherburne TRS: T33 R26 S35, T33 R26 S36 Esri, IJASA, NGA, USGS, FEMA Esri, HERE, Garmin, FAO, NOAA, USGS, EPA Metropolitan Council, MetrOGIS, Esri, HERE, Gannin, SafeGraph, 1900 181 st N d L O Z W VI m 176th Avert 175th td,)e Minnesota f oM�'.polls Wisconsi 1/16/2023 04:18 PM United States Department of the Interior FISH AND WILDLIFE SERVICE Minnesota -Wisconsin Ecological Services Field Office 3815 American Blvd East Bloomington, MN 55425-1659 Phone: (952) 858-0793 Fax: (952) 646-2873 In Reply Refer To: Project code: 2022-0016504 Project Name: Foster Property January 16, 2023 Subject: Consistency letter for the 'Foster Property' project indicating that any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Dear Jeremy Groskreutz: The U.S. Fish and Wildlife Service (Service) received on January 16, 2023 your effects determination for the 'Foster Property' (the Action) using the northern long-eared bat (Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC) system. You indicated that no Federal agencies are involved in funding or authorizing this Action. This IPaC key assists users in determining whether a non -Federal action may cause "take"Ell of the northern long-eared bat that is prohibited under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.). Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. Additionally, please note that on March 23, 2022, the Service published a proposal to reclassify the northern long-eared bat (NLEB) as endangered under the Endangered Species Act. The U.S. District Court for the District of Columbia has ordered the Service to complete a new final listing determination for the NLEB by November 2022 (Case 1:15-cv-00477, March 1, 2021). The bat, currently listed as threatened, faces extinction due to the range -wide impacts of white -nose syndrome (WNS), a deadly fungal disease affecting cave -dwelling bats across the continent. The proposed reclassification, if finalized, would remove the current 4(d) rule for the NLEB, as these rules may be applied only to threatened species. Depending on the type of effects a project has on NLEB, the change in the species' status may trigger the need to re -initiate consultation for any actions that are not completed and for which the Federal action agency retains discretion once the new listing determination becomes effective (anticipated to occur by December 30, 2022). If your project may result in incidental take of NLEB after the new listing goes into effect this will 01/16/2023 first need to be addressed in an updated consultation that includes an Incidental Take Statement. If your project may require re -initiation of consultation, please contact our office for additional guidance. Please report to our office any changes to the information about the Action that you entered into IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick northern long-eared bats that are found during Action implementation. If your Action proceeds as described and no additional information about the Action's effects on species protected under the ESA becomes available, no further coordination with the Service is required with respect to the northern long-eared bat. The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species that also may occur in your Action area: ■ Monarch Butterfly Danaus piexippus Candidate ■ Tricolored Bat Perimyotis sub f Tavus Proposed Endangered You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. [1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct [ESA Section 3(19)]. 01/3 6/2023 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Foster Property 2. Description The following description was provided for the project 'Foster Property': New housing development. Approximate location of the project can be viewed in Google Maps: https://www.google.com/ map s/(045.305281949999994,-93. 52499179120149.14z � I Determination Key Result This non -Federal Action may affect the northern long-eared bat; however, any take of this species that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR §17.40(o). 3 Determination Key Description: Northern Long-eared Bat 4(d) Rule This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision. This key is intended for actions that may affect the threatened northern long-eared bat. The purpose of the key for non -Federal actions is to assist determinations as to whether proposed actions are excepted from take prohibitions under the northern long-eared bat 4(d) rule. If a non -Federal action may cause prohibited take of northern long-eared bats or other ESA -listed animal species, we recommend that you coordinate with the Service. 01/7.6/2023 Determination Key Result Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Qualification Interview 1. Is the action authorized, funded, or being carried out by a Federal agency? No 2. Will your activity purposefully Take northern long-eared bats? No 3. [Semantic] Is the project action area located wholly outside the White -nose Syndrome Zone? Automatically answered No 4. Have you contacted the appropriate agency to determine if your project is near a known hibernaculum or maternity roost tree? 4 Location information for northern long-eared bat hibernacula is generally kept in state Natural Heritage Inventory databases — the availability of this data varies state -by -state. Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. A web page with links to state Natural Heritage Inventory databases and other sources of information on the locations of northern long- eared bat roost trees and hibernacula is available at www.fws.gov/media/nleb-roost-tree- and-hibernacula-state-specific-data-links-0. Yes 5. Will the action affect a cave or mine where northern long-eared bats are known to hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or other alteration) of a hibernaculum? No 6. Will the action involve Tree Removal? Yes 7. Will the action only remove hazardous trees for the protection of human life or property? No 8. Will the action remove trees within 0.25 miles of a known northern long-eared bat hibernaculum at any time of year? No 01/16/2023 9. Will the action remove a known occupied northern long-eared bat maternity roost tree or any trees within 150 feet of a known occupied maternity roost tree from June 1 through July 31? No 01/16/2023 Project Questionnaire If the project includes forest conversion, report the appropriate acreages below. Otherwise, type `0' in questions 1-3. 1. Estimated total acres of forest conversion: 148 2. If known, estimated acres of forest conversion from April 1 to October 31 0 3. If known, estimated acres of forest conversion from June 1 to July 31 0 If the project includes timber harvest, report the appropriate acreages below. Otherwise, type `0' in questions 4-6. 4. Estimated total acres of timber harvest 0 5. If known, estimated acres of timber harvest from April 1 to October 31 0 6. If known, estimated acres of timber harvest from June 1 to July 31 0 If the project includes prescribed fire, report the appropriate acreages below. Otherwise, type 10' in questions 7-9. 7. Estimated total acres of prescribed fire 0 8. If known, estimated acres of prescribed fire from April 1 to October 31 0 9. If known, estimated acres of prescribed fire from June 1 to July 31 0 If the project includes new wind turbines, report the megawatts of wind capacity below. Otherwise, type `0' in question 10. 10. What is the estimated wind capacity (in megawatts) of the new turbine(s)? 0 01/16/2023 IPaC User Contact Information Agency: ISG Name: Jeremy Groskreutz Address: 115 East Hickory Street, Suite 300 City: Mankato State: MN Zip: 56001 Email jeremy.groskreutz@isginc.com Phone: 5073876651 Appendix B: Original Comments �IDEPARTMENT OF NATURAL RESOURCES Division of Ecological and Water Resources Region 3 Headquarters 1200 Warner Road Saint Paul, MN 55106 January 12, 2023 Zachary Carlton, Planning Director City of Elk River 13065 Orono Parkway Elk River, MN 55330 Dear Zachary Carlton, Transmitted by Email Thank you for the opportunity to review The Foster Property Development Environmental Assessment Worksheet (EAW) in Sherburne County. The DNR respectfully submits the following comments for your consideration: 1. Page 5, Zoning. It is not clear from the EAW if the subdivision does comply with RID zoning. This section says the site is, "zoned as RID Single Family Residential. The Plan defines the purpose of R1D districts as follows: 'This district is intended to accommodate single-family residential dwellings with large lots and higher quality housing within the municipal sewer and water access area. This district is explicitly for areas that possess significant natural features and is intended to encourage the design of subdivisions that protect these natural features."' Based on this zoning description and intent to protect natural features, the destruction of nearly 148 acres of forest, along with nearly four acres of wetland impacts does not seem consistent with this intent. It is unclear if the site will be mass graded in such a way that removes nearly all existing natural features from individual lots. It is also unclear what attempts at tree preservation will be made, such as conducting a tree inventory and identifying high quality resources to preserve during the development process, and/or offsetting tree destruction through compensatory tree planting/restoration efforts. 2. Page 5, Zoning. It appears that portions of the proposed development will be located within 300 feet of Trott Brook, a public water. It is unclear how the project will comply with local shoreland ordinances regarding setbacks, impervious surfaces, and vegetation removal. 3. Page 10, Stormwater. Blanding's turtles, a protected state -listed threatened species, have been documented within the vicinity of the project. Stormwater features may be colonized by Blanding's turtles in the area, therefore we recommend incorporating measures to avoid impacting this species into stormwater management. In years when the Stormwater features will be dredged to remove excess sediment, please draw down water levels by September 15th in order to allow turtles to find overwintering habitat elsewhere. 4. Page 10, Stormwater. We recommend that BWSR-approved, weed -free, native seed mixes be used to the greatest degree possible in stormwater features and development landscaping in order to provide pollinator habitat. Native plants also require less irrigation and soil inputs than traditional landscaping. 5. Page 10, Stormwater. The significant increase in impervious surfaces will also increase the amount of road salt used in the project area. Chloride released into local lakes and streams does not break down, and instead accumulates in the environment, potentially reaching levels that are toxic to aquatic wildlife and plants. Consider promoting local business and city participation in the Smart Salting Training offered through the Minnesota Pollution Control Agency. There are a variety of classes available for road applicators, sidewalk applicators, and property managers. More information and resources can be found at this website. Many winter maintenance staff who have attended the Smart Salting training — both from cities and counties and from private companies — have used their knowledge to reduce salt use and save money for their organizations. We encourage local governments to request that project proposers who wish to significantly increase impervious surfaces develop a chloride management plan that outlines what BMP's and strategies will be used to reduce chloride use within the project area, and then tie that plan to City O&M agreements. We also encourage cities and counties to consider how they may participate in the Statewide Chloride Management Plan and provide public outreach to reduce the overuse of chloride. Here are some educational resources for residents as well as a sample ordinance regarding chloride use. 6. Page 15, Rare Features. This section should describe common wildlife that utilizes the project area. 7. Page 15, Rare Features. If rare features are identified within one mile of a project area using a license agreement, then a concurrence and next steps from DNR must be obtained by coordinating through Minnesota Conservation Explorer. Only DNR can make a determination on whether or not a project is likely to impact a state -listed species. 8. Page 15, Rare Features. Recently U.S. Fish and Wildlife Service made the decision to up -list the northern long-eared bat (NLEB) from the status of federally threatened to federally endangered. This new status goes into effect January 30th, 2023. This follows precipitous declines of more than 90% since the species federal listing as threatened in 2015. NLEB are known to occur in Sherburne County and throughout Minnesota. Tree removal is an activity that could negatively impact this species, therefore it is important that the project proposer coordinates with USFWS regarding potential impacts to the NLEB, and follows the instructions for consultation provided within the appendix. Please see the USFWS website for more information: Northern Long-eared Bat f Myotis septentrionalis) I U.S. Fish & Wildlife Service fws. ov 9. Page 15, Rare Features. Blanding's turtles (Emydoidea blandingii), a state -listed threatened species, have been documented in the vicinity of the proposed project. Blanding's turtles use upland areas up to and over a mile distant from wetlands, waterbodies, and watercourses. Uplands are used for nesting, basking, periods of dormancy, and traveling between wetlands. Factors believed to contribute to the decline of this species include collisions with vehicles, wetland drainage and degradation, and the development of upland habitat. Any added 2 mortality can be detrimental to populations of Blanding's turtles, as these turtles have a low reproduction rate that depends upon a high survival rate to maintain population levels. This project does have the potential to impact this rare turtle through direct fatalities and habitat disturbance/destruction due to excavation, fill, and other construction activities associated with the project. Minnesota's Endangered Species Statute (Minnesota Statutes, section 84.0895) and associated Rules (Minnesota Rules, part 6212.1800 to 6212.2300 and 6134) prohibit the take of threatened or endangered species without a permit. As such, the following avoidance measures are required: o Avoid aquatic impacts during hibernation season, between October 15th and April 15th, unless the area is unsuitable for hibernation. o The use of erosion control blanket shall be limited to 'bio-netting' or'natural-netting' types, and specifically not products containing plastic mesh netting or other plastic components. Please update project plans so that this information is given to contractors. Also, be aware that hydro -mulch products may contain small synthetic (plastic) fibers to aid in their matrix strength. These loose fibers could potentially re - suspend and make their way into Public Waters. As such, please review mulch products and not allow any materials with synthetic (plastic) fiber additives in areas that drain to Public Waters. o Areas where there will be construction, especially aquatic areas, should be checked for turtles before the use of heavy equipment or any ground disturbance. ■ The must be given to all contractors working in the area. Monitor for turtles during construction and report any sightings to the DNR .,,Ak...i+e Specia—., Erica Hoaglund at 651-259-5772 or Erica.Hoaplund state.mn.us. • If turtles are in imminent danger they must be moved by hand out of harm's way, otherwise, they are to be left undisturbed. If the above avoidance measures are not possible, please contact NHIS.Review@state.mn.us as further action may be needed. For additional information, see the Blanding's turtle fact sheet, which describes the habitat use and life history of this species. The fact sheet also provides two lists of recommendations for avoiding and minimizing impacts to this rare turtle. Please refer to both lists of recommendations and apply those that are relevant to your project. For further assistance regarding the Blanding's turtle, please contact the DNR Regional Nongame Specialist, Erica Hoaglund. 10. Page 16, Rare Features. The project plans to destroy 148 acres of contiguous forested habitat. The EAW states multiple times that 62 acres of the forested area has only established since 2005, and that fallen or dead trees are present indicating that the forested habitat is of poor quality. Please be aware that fallen or dead trees as well as relatively recent forest established within the past 20 years all provide significant wildlife habitat to many species. This level of tree removal would be a huge impact to wildlife in the area. Minnesota has lost much of the deciduous forests that used to present within the region to development, which makes retaining forest, even the small and isolated remnants on the landscape, especially important for wildlife habitat, clean water, and for the recreation/aesthetic values to the residents of the development. Therefore, we recommend minimizing the amount of tree removal to the greatest extent possible and not conducting tree and shrub removal during key nesting periods from April through July. Thank you again for the opportunity to review this document. Please let me know if you have any questions. Sincerely, l Melissa Collins Regional Environmental Assessment Ecologist I Ecological and Water Resources Minnesota Department of Natural Resources Phone: 651-259-5755 Email: melissa.collins@state.mn.us CC: Joe Jablonski, US Home, LLC Equal Opportunity Employer 4 DEPARTMENT OF ADMINISTRATION STATE HISTORIC PRESERVATION OFFICE January 10, 2023 Zachary Carlton Planning Director City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: EAW — Foster Property Development T33 R26 S36, Elk River, Sherburne County SHPO Number: 2023-0595 Dear Zachary Carlton: Thank you for providing this office with a copy of the Environmental Assessment Worksheet (EAW) for the above -referenced project. Based on our review of the project information, we conclude that there are no properties listed in the National or State Registers of Historic Places, and no known or suspected archaeological properties in the area that will be affected by this project. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36 CFR § 800. If this project is considered for federal financial assistance, or requires a federal permit or license, then review and consultation with our office will need to be initiated by the lead federal agency. Be advised that comments and recommendations provided by our office for this state -level review may differ from findings and determinations made by the federal agency as part of review and consultation under Section-106. Please contact Kelly Gragg-Johnson, Environmental Review Program Specialist, at 651-201-3285 or kelly.Praggiohnson@state.mn.us if you have any questions regarding our review of this project. Sincerely, BAOW-4 Sarah J. Beimers Environmental Review Program Manager MINNESOTA STATE HISTORIC PRESERVATION OFFICE 50 Sherburne Avenue a Administration Building 203 a Saint Paul, Minnesota 55155 ■ 651-201-3287 mn.gov/admin/shpo . mnshpo@state.mn.us AN EQUAL OPPORTUNITY AND SERVICE PROVIDER From: Cruikshank. Thomas (DOT) To: Carlton. Zachary Cc: Voss. Steven (DOT) Subject: FW: EAW Public Comment Period - Lennar/City of Elk River Date: Friday, December 16, 2022 8:20:17 AM Attachments: imaae001.ona Hi Zack, I received this EAW for review. Congratulations on further growth in Elk River. I do not see any substantive issues related to MnDOT highway or right of way due to the development other than the additional traffic that will be driven to US 169, which does have sufficient capacity to accommodate the development related traffic. Let me know if you think otherwise or if you need anything further from MnDOT. Thanks, Tom Cruikshank Principal Planner I District 3 3725 12th Street North, St. Cloud, MN 56303-2107 Phone: (320) 223-6526 1 Cell: (320) 267-9859 Email: thomas.cruikshank(@state.mn.us Im ndot-email-signature 1 2 From: Lind, Katherine (DOT) <Katherine.Lind@state.mn.us> Sent: Thursday, December 15, 2022 6:53 PM To: Cruikshank, Thomas (DOT)<Thomas.Cruikshank@state.mn.us>; Voss, Steven (DOT) <ste ve. voss @ state. m n . u s> Subject: FW: EAW Public Comment Period - Lennar/City of Elk River The following Environmental Assessment Worksheet (EAW) has been forwarded for your District's possible review and comment. Due to large file size, the EAW is accessible online at: https: //www.elkrivcrmn.gov/DocumentCenter/View/ 11562/Fos ter-Prol2ertg-EAW Any transportation or MnDOT right of way concerns the District may have should be provided directly to the Responsible Governmental Unit (RGU) indicated on the transmittal (highlighted in the forwarded email, below or `�•J accessed via the weblinks to the EAW). Please note the comment period for this EAW closes on: )anuary 12, 2023 Katherine Lind Environmental Review Specialist Office: 651-366-4296 Katherine, Lind(@state.mn.us Minnesota Department of Transportation Central Office I Office of Environmental Stewardship (OES) 395 John Ireland Blvd, Mail Stop 620 St Paul, MN 55155 From: Carlton, Zachary <zcarltonfa)ElkRiverMN.zov> Sent: Monday, December 12, 2022 4:24 PM To: Lind, Katherine (DOT) <Katherine,Lind (@state.mn.us> Subject: EAW Public Comment Period - Lennar/City of Elk River This message may be from an external email source. Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations Center.. Lennar Corporation has proposed development of 267 unimproved acres into a residential subdivision consisting of approximately 433 single-family homes and 180 multi -family homes. The project area is south of the Miske Meadows subdivision and generally south of Twin Lakes Parkway NW and west of CR 40 (Cleveland Ave NW). The project also includes infrastructure irrlprovements such as roads, utilities, sidewalks, trails, and stormwater ponds. The subject site is within Section 36, Township 33, Range 26, Sherburne County, Minnesota. Tax Parcel Numbers include: 75-136-1300, 75-136-2400, 75-136-3100, 75-136-3200, 75-136-4200, & 75-136-4300. EAW can be reviewed at: a Elk River City Hall, Planning and Zoning Office, 13065 Orono Parkway NW, Elk River, MN 55330 ■ Online at: i ),)cun)ciu([ cnttr f 562/1•oster•11rcpern-- L A�L On - written comments can be accepted. Please mail or email by January12, 2023, at 4:30 p.m. Zack Carlton, Community Development Director City- of Elk River 13065 Orono Parkway- NW Elk River, MN 55330 763.635.1035 or zcarlt,n cz L'l &N crNI .goN EQB Monitor Publication Date — December 13, 2022 Comment Period }ands — January 12, 2023 Zack Carlton, AICP Community Development Director 13065 Orono Parkway, Elk River, MN 55330 763.635.1035 E1kRi3erMN.gov u From: Chambers. Andrew R CIV USARMY CEMVP (USA) To: Carlton, Zachary Subject: RE: EAW Public Comment Period - Lennar/City of Elk River Date: Tuesday, December 13, 2022 7:53:50 AM Zack, Thank you for sending the EAW to the Corps. I think this is associated with 2021-02193-DWW, please let me know if that's not correct. We don't plan on submitting formal comments at this time, but I am reaching out to highly recommend scheduling a pre -application meeting with the WCA TEP and the Corps to discuss the replacement plan and 404 permitting process, when you're at that point. Those meetings are very helpful to get everyone on the same page and inform all parties of what's to come. Feel free to reach out with any questions. Thanks again, Andy Andrew Chambers Regulatory Project Manager U.S. Army Corps of Engineers Duluth Field Office 600 South Lake Avenue, Suite 211 Duluth, MN 55802 (218) 788-6407 Information on Corps of Engineers Regulatory Program status during the COVID-19 pandemic can be found at: https://www.mvp.usace.army.mil/missions/regulatory We are pleased to introduce our new paperless communication procedures in Minnesota. Requests for action (pre -application consultations, permit applications, requests for delineation concurrences, requests for jurisdictional determinations, and mitigation bank proposals) should be sent directly to the following email: usace®requests®mn(@usace.army.mil <mailto:usace equestsemn(@usace.army.mil> . Please include the county name in the subject line of the email (e.g. Washington County). These changes will improve efficiency, reduce costs and reduce the environmental footprint. Additional information can be found in our public notice located here: http://www.mvp.usace.army.mil/Missions/Regulatory.aspx From: Carlton, Zachary <zcarlton(cDElkRiverMN.gov> Sent: Monday, December 12, 2022 4:25 PM To: USACE_Requests_MN <USACE_Requests—MNPusace.army.mil> Subject: [URL Verdict: Neutral][Non-DoD Source] EAW Public Comment Period - Lennar/City of Elk River Lennar Corporation has proposed development of 267 unimproved acres into a residential subdivision consisting of approximately 433 single-family homes and 180 multi -family homes. The project area is south of the Miske Meadows subdivision and generally south of Twin Lakes Parkway NW and west of CR 40 (Cleveland Ave NW). The project also includes infrastructure improvements such as roads, utilities, sidewalks, trails, and stormwater ponds. The subject site is within Section 36, Township 33, Range 26, Sherburne County, Minnesota. Tax Parcel Numbers include: 75-136-1300, 75-136-2400, 75-136-3100, 75-136-3200, 75-136-4200, & 75-136-4300. EAW can be reviewed at: ■ Elk River City Hall, Planning and Zoning Office, 13065 Orono Parkway NW, Elk River, MN 55330 • • Ww. •• /• • • • •. s LASI Only written comments can be accepted. Please mail or email by January 12, 2023, at 4030 p.m. Zack Carlton, Community Development Director City of Elk River 13065 Orono Parkway NW Elk River, MN 55330 763.635.1035 or 1 on ,Elk-RiverMN.gov EOB Monitor Publication Date — December 13, 2022 Comment Period Ends — January 12, 2023 Zack Carlton, AICP Community Development Director 13065 Orono Parkway, Elk River, MN 55330 763.635.1035 ElkRiverMN.gov