5.4. SR 06-05-2006
City of Elk River Item Number
REQUEST FOR COUNCIL ACTION 5.4.
Agenda Section I Meeting Date Prepared by
.L'\chninis tra cion Tune 5, 2006 Rebecca Haug, Env1ronmental.L\dmin
Item Description Reviewed by
Libertv Heights Estates Environmental i\ssessment Worksheet
Introduction
Please see tlle attaclled lnelTIO.
Discussion
Please see tlle attaclled lnemo.
Financial Impact
N/~A
Attachments
. Staff melno on tlle EJ.'\ \V for Liberty Heigllts Estates
. Liberty Heights Estates E_A \YJ
. C01111nents recei\Ted on tlle E.L\ \'1
. Responses to tlle COlnments received
. Resolutiol1 regarding dle E_A. \\1 for Liberty Heights Estates
Action Requested
Staff is recommending a negati\Te declaration on the need for an EIS for dle Liberty Heights Estates
request.
Council Action
1Jotlon by _
Second by _
\Tote
Follow Up
C:\Documents and Settings\tallard\Local Settings\Temporary Internet Files\OLKF\REQUEST COUNCIL ~;\CTION-E",'\ \\/.doc
MEMORANDUM
TO: Mayor and City Council
FROM: Rebecca Hang, Environmental
Administrator
DATE: June 5, 2006
SUBJECT: Environmental Assessment 'Vorksheet for
Liberty Heights Estates
I1lcluded ill your packet is a copy of tile El1VirOl1l1lelltal Assessment W orkslleet (EA W)
for tIle Liberty Heights Estates request. TIle purpose of the EA W is to describe tIle
project alld gatller infonnatioll to idelltify any potential enviroillllental effects.
Tile City COUllCil for tile City of Elk River is tIle Respollsible Govenll11elltal Unit (RGU)
cllarged \vitIl determiIllIlg fro In the infonnatioll gatllered tIrrollgh tIle EA W process,
\vhetller or 110t this project has significant potential to cause i1Teversible environmental
effects. If the Council feels there is a significant potelltial to cause irreversible
envirolll1lelltal effects, they sIlall order all Environnlel1tal Impact Statelnellt (ElS) be
prepared for tIle project. To make their decision the COllllCil "viII consider the follo\ving
infoIDlation: tile EA W itself, comments received on tIle EA W, and the responses to the
conm1ents received.
Tile COUllCil sIlall order an Ellvironmental Impact Statement be prepared, if they
detelmine that tIle ilnpacts that may reasonably be expected by the project have tile
potelltial for Sigtlificant enVirOlll11elltal effects. The Council shall COllsider the impacts of
the project ullder the following criteria:
. type, extent, and reversibility of the ellvironmental effects;
. Clllllulative potential effects of related or anticipated future projects;
. tile extellt to whicll the enviromnelltal effects are subject to nlitigation by ongoillg
public regulatory autllority; alld
. the extent to \vhich envirolunental effects call be anticipated and COlltrolled as a reSlllt
of otller ellvironmental studies.
RESPONSE TO COMMENTS
Anoka County High,vay Department -letter froln Lance H. Benlard, dated April 4,
2006.
COlnnlent - Are tIle City and Developer a\vare of the "Anoka COllnty Highway
Depal11l1ent Developnlellt Review Process Manual?"
Response - yes
COlTIlnent - Are tIle City alld Developer a\vare of the proposed change to CSAH 22/CR
65 (Vikillg Blvd) to a State Highway? Are the City alld Developer plalmillg for this
change?
RespOllse - The City and Developer are aware of the proposed cl1ange to CSAH 22/CR
65 (Viking Blvd) to a State High\vay and have planned for this cllange by not Ilaving the
proposed access to Viking Blvd be a direct connection to tIle ftlture State HigIl\Vay.
Viking Blvd \vould be a local road. This the anticipated pllasing of this project, tl1is
access is several years away from being l1eeded, thereby givil1g both COllnties, City al1d
State tilne to resolve this issue.
COn1lllellt - hnpacts on the regional and Anoka County trallsportatioll systenl.
Response - TIle proposed development will have millimal impacts on the regional alld
Anoka County transportation system.
COlllll1e11t - Reqllest for an Average Daily Traffic (ADT) Map to Nloka County alld tile
Inetllodology used to forecast its filhlre traffic counts and tIle projected traffic COU11ts for
its 2014 scenarios.
Response - The ADT map is sllown on Figure 6 in the repo11 dated February 7,2006. For
the 2014 scellarios, the no-build increased by fOllI percent per year to aCCOllnt for area-
\vide development. Trips generated fi"om Riverpark alld the tvvo SCllools \vere also added.
For the 2014 bllild scenario, the volumes dlle to tIle proposed residelltial development
vvere added to tIle 2014 no-build volumes.
COll1lllent - Reqllest for future traffic volumes, trip generation, and trip distribution
percentages. Encourage the City and Developer to contact tIle Metropolitan COllncil for
traffic forecasting.
Response - As described in the report dated February 7,2006, trip gelleration for the
proposed developll1ent were estimated based on data presented in the lllstitute of
Transportatiol1 Engineer's (ITE) Trip Generation, Seventh Addition. Trip distlibutio11
percentages for tIle subject development trips \vere established based on the nearby
roadway network, existillg and expected nlture traffic patterns alld location of the sllbject
developnlellt. The distribution percelltages are shown in Figllre 3.
Comnlent - Subnlit lnetllodology used in projectillg trip dsitnlblltion percentages.
Response - As described in the report dated February 7, 2006, trip gelleratioll for tIle
proposed development were estimated based on data presented ill the 11lstitute of
Trallsportatioll Ellgineer's (ITE) Trip Generation, Seventh Additiol1. Trip distriblltiol1
percentages for the subject developll1ent trips were established based 011 the nearby
roadway lletwork, existing and expected future traffic patterns and location of tIle sllbject
developlnellt. The distribution percentages are sllown in Figure 3.
Conunent - TIle Traffic analysis for illtersectiol1S should inclllde the adjacent
intersections vvithin Anoka County.
Response - All intersections were analyzed based on discussiollS witll the City prior to
tIle start of the study. The illtersectiolls shown ill the report \vill be most impacted by tIle
proposed developll1ent and tl1erefore \Varrallted allalysis.
Minnesota Pollution Control Agency (MPCA) -letter frOlll WillialTI J. Lynott, dated
Aprill3,2006.
Camme11t - Conce111s about the amount of impervious sllrface tllat will be created from
tIle developlnent and what controls will be used to protect OllT water reSOllrces.
Response - All stann water from the site will ultimately discIlarge under Twin Lalces
Road toward Trott Brook after it is conveyed to and treated in stann ponds. Rates of
discharge are mitigated to pre-existing flow rates.
COlTIlllel1t - How will tIle stOlID ponds fully mitigate illlpacts to receiving strealns alld
wllat is tIle receiving stream?
Response - The storm water model for this site is releasillg flo\v from the developed site
at a rate less than or equal to pre-developmel1t rates. The receiving streams are two
unnamed ditches. Both cross Twin Lakes Road and ultimately discharge to DNR
Wetland 71-238W.
Con1ll1ent - If the city's waste\vater treatment plallt does 110t expal1d, does it have
sufficient capacity for both the development and the proposed school?
Response - The city's wastewater treatment plant has sufficient capacity for tIlis
developlnent and proposed school witllout all expansion.
Concerned resident - Allan HoebeUleimich, undated
Cormnent - COllcems about drail1age alld how it may affect Cllrrent land uses.
Response - The draillage patterns from the north side of Viking Blvd \vill be preserved
with the proposed developmellt. Currently, storm water run-off enters tile project site
from the nortIl via a 15 inch culvert under Viking Blvd. This culvert will not be disturbed
or rendered ill-operable by the proposed project. Drainage will COlltinlle in a SOlltllerly
directioll to a proposed culvert llnder the proposed 197th A vellue. It will tIlell be
conveyed to the southwest and be discharged into the existing ditcll, which lies along tIle
common southerly lot line of the Middlestadt property. At this location, stoml water
nUloff drains to tIle existing ClIlvert llnder Twill Lakes Road.
Minnesota Department of Natural Resources (DNR) -letter frOlll Joe Kurcinka, dated
Aplil 25, 2006.
COlTIlllent - Concerns abotlt the potential for wind and water erosioll when soils are left
exposed for a long period of time and whether a plan for this has beell developed.
Response - A detailed erosion control prevention plan is being developed for the site as
part of tIle SUbll1ittal package for the preliminary plat. Tenlporary and permallellt cover
crops \vill be lltilized for areas exposed to vvind and water erosion.
COlllIDellt - Concerns about receiving a permit from tIle Anny Corps of Ellgineers
(ACOE) for proposed vvetland fill.
Response - The developer has been unsllccessful at gettillg a fannal respol1se from tIle
ACOE alld is working on it.
Commellt - Clarification on 110W the number of wetland acres was obtained.
RespOllse - Detailed descriptioll of the calclllations have beell provided.
Comment - Relocating a road to protect hvo wetlands frOlll being bisected.
Response - The wetlands in question will be nlitigated for thrOUgIl the restoration and
creation of new wetlands. The vegetative quality for the wetlallds in question are poor.
Conunent - Will the City need to amend their water appropriation permit for tIle project?
Response - Yes.
COlmnent - Do tIle proposed densities Ineet the shorelalld reqlliremellts for a llatural
enVirOlllTIellt lake?
Response - The developnlellt does Ineet the shoreIalld requirements for a 11atural
enVirOlllTIent lake.
RECOMMENDATION
Staff feels that the EA W accurately describes the project and tIle potelltial ellvirollillental
effects. Mitigation measures to reduce the ellvironmental effects have beell identified by
the EA W and will be incorporated into the plans for the project. Staff is recommelldillg a
negative declaration on the need for an EIS for the Liberty Heights Estates reqllest. A
resolution to this effect is attached.
RESOLUTION 06-_
CITY COUNCIL
CITY OF ELK RIVER
RESOLUTION REGARDING THE ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR LIBERTY HEIGHTS ESTATES
~'\ resolution of tlle City Council of tlle City of Elk Ri\Ter regarding tlle env-irorunental re'vie\v
process for dle proposed Liberty Heigllts Estates Developlnent; setting fortll tlle City
Council's fl11dings of fact regarding tlle need for an En\Tirorunental Impact Statelnellt; and
declaring tllat tlle preparation of an En'vironmental Impact Statement is not necessary
\VHERE..t\.S, Liberty Heigllts Estates is proposing to develop a 444-unit (1/4 - 1/2
acre a\Terage lot size) single family residential developlnent, City Park and proposed scllool
site on 260 acres, and,
\\!HERE.L'\S, pursuant to NIinnesota Rules, Part 4410.4300, Subparts 19.D"" a
lnandatol"y Environmental AsseSSlnent \V orkslleet (E_A \\1) \vas prepared under rvIinnesota
En\Tirorunental Policy 1\ct (IvlEP I\); and,
\X1HERE.L:\S, tIle City of Elk Riv'er, as tIle responsible governmental unit (RGlJ)
under EQB Rules, prepared an E.L\ \Y./ as required by EQB Rules; and,
\\1HERE.t\.S, notice of a\Tailability of tlle Ei\ \V \vas publislled in tlle EQB :~vlonitor
on IVlarcll 27, 2006; a press release \vas given to tlle Elk River Star Ne\vs on Iv'farcll 22,2006;
posted notice ,"vas given at tlle Elk Ri\Ter Public Library and Elk Ri\Ter City Hall on Ivlarcll
22, 2006; and copies of tile E.r\ \\1 \vere supplied to all persons and agencies on tlle EQB
official E.t\ \YJ distribution list on IVIarcll 22, 2006; and,
\VHEREJ.\S, corrunents l1a\Te been received on the E__A \Y/ from Lance Bernard,
j\noka County Higll\Vay Department, by letter dated .L\pril4, 2006, \X1illiam J. Lynott,
I\/Iinnesota Pollution Control.L~gency, by letter dated .L~pril13, 2006, froln _Alan
Hoebellleinricll; Joe I<.urcinka, lvIinnesota Deparnnent of Natural Resources, by letter dated
April 25, 2006; and,
\VHEREAS, all substanti\Te COlnments lla\Te been responded to appropriately by tlle
City as RGU in d~e staff memorandum to tlle City Council, dated June 5, 2006, from
Rebecca Haug, Environmental.LL\dministrator; and,
\\7HERE.L~S, tlle en\Tirorunental re\rie\v process mandated by the rvIinnesota
En\Tironmental Policy .L\ct and unpletnented tl1tOugll the EQB Rules llas been follo\ved and
tIus resolution sllall be the City's record of its cOlnpliance ,vitll tlle EQB Rules and decision
in tlus matter; and,
s: \Resal utians \2006 Resal utians \ U napproved\E..'-\ \VRESO-liberty heights esta tes.DO C
\X1HERE~AS, the City, as RGli, sllall order dle preparation of an EIS if tile Project
has tlle potential for significant en\Tironmental effects; and,
\V'HERE_AS, in deciding \Vhetller a project llas the potential for significant
environmental effects, the City is to apply tlle criteria set fordl in Section 4410.1700 subparts
6 & 7 of the EQB Rules.
NO\X1, THEREFORE, Bi\SED ON THE INFOR1:L\TION CONTi\INED IN
THE E.L\ \YI, THE COI\1IvfENTS RECEI\TED ON THE E~A \VJ, AND THE RESPONSES
THERETO FROIvI CITY ST.L\FF IN THEIR IvlErvl0RANDUivf TO THE COUNCIL
D.L\TED JUNE 5, 2006, THE CITY COUNCIL OF THE CITY OF ELI( RI\TER FINDS
THE PROJECT DOES NOT REQUIRE THE PREPA~\TION OF AN
E~T\TIRON~vfENT~r\L IIvIPJ.\CT ST.l\TErvfENT FOR THE FOLLO\X1ING RE.L\SONS:
A. Tlle env-ironmental effects of tlle Project are lninimal.
B. TIle project \vill be subject to ongoing regulatol)i audlority of tlle City of Elk
Ri\Ter and other state agencies.
C. TIle project \vill not cause future de\relopment.
D. Future de\reloplnent in tlle area of the Project \vill be subject to the requirelnents
of tlle EQB Rules and "Till be subject to the ongoing regulatory autllority of tlle
City and other gO\Ternmental agencies.
Tlle foregoing resolution ,vas introduced by Council rvIelnber
and duly seconded by Councill\1ember
of tile resolution:
. Tlle follo\ving 'voted in fa\Tor
TIle follo\ving 'voted against tlle resolution:
TIle follo\ving \vere absent:
\YJllereupOll tlle resolution is adopted.
Passed and adopted by tlle City Council of tlle City of Elk Ri\Ter tllls 5th day of June, 2006.
StepIlanie I<linzing, fy1ayor
.L\ TIEST:
Joan Schmidt, City Clerk
s: \Resal utions \2006 Resal u tions \ Unapproved \EA. \VRESO-liberty heights es ta tes.D OC
C 0 U N T Y 0 FAN 0 K f{R 1 () 2006
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304-4005
(763) 862-4200 FAX (763) 862-4201
April 4, 2006
Rebecca Haug
Environmental Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: LffiERTY HEIGHTS ESTATES OF ELK RIVER, EA \V
Dear Rebecca,
Thank you for providing us the opportunity to comment on the Liberty Heights Estates
EA W. It is not usual for us to feel the need to comment on an environmental document
outside of our jurisdiction. However, with the proposed development adjacent to the
Anoka County border, \ve feel it is necessary to address our concerns. Our following
comments are in regards to the proposed development and their potential transportation
impacts to the county and regional transportation system:
. The City and Developer should be aware of the "Anoka County Highway
Department Development Review Process Manual," dated December 2003. The
manual can be accessed through the County's \vebsite at \VW\v.co.anoka.mn.us,
under the highway department link.
The proposed plat within the EA W shows access onto CSAH 22 (Viking Blvd.),
which is within Anoka County. The City and Developer will need to follow the
development revie\v process manual and its access management guidelines.
We also would encourage the City and Developer to further discuss the proposed
access into Anoka County's Viking Blvd. We were under the assumption based
on prior discussions with the City and a plat dated 02/17/04 that there would not
be an access point onto Viking Blvd. The County does not intend to grant an
access as currently shown. As discussed with the developer and City and
Sherburne County officials, negotiations must continue regarding this proposed
access and a future connection of Viking Blvd. (Anoka CSAH 22/CR 65) and
Sherburne County CSAH 31/33 connection to TH 169.
Affirmative Action I Equal Opportunity Employer
We would also encourage the City or Developer to contact the Metropolitan
Council, as the Council's model has been including the collar counties, i.e.
Sherburne County into it's traffic forecasting.
. In regards to figure 3, we are requesting the City or Developer to submit the
methodology used in projecting its trip distribution percentages. There was no
discussion on ho\v the numbers were being distributed or the volume of traffic to
be distributed.
. In regards to the traffic study on page 9, we feel the traffic analyses for
intersections should include the adjacent intersections within Anoka County.
Thank you again for allowing us the opportunity to comment on the Liberty Heights
Estates EA W. We feel very 'strongly with our current modeling efforts and the future of
our transportation system, that we need to be on the same page when coordinating the
transportation system we all share in this area. If you have any questions in regards to the
above comments, please feel free to contact me at (763) 862-4219 or via email at
Lance.Bemard@co.anoka.rnn.us. We look forward to working with you and your
COlIl111-unity as we plan for a safe and mobile transportation system.
Sincerely,
Lance H. Bernard
Transportation Planner
Jo1m Mentor, P.E.
Anoka County Engineer
Assistant Anoka County Engineer
Multimodal Transportation Manager
Traffic Engineering Manager
Town of Bums Administrator
Metropolitan Council Transportation
Forecast Analyst
Sherburne County Public Works Director
c.c. Douglas W. Fischer, P.E.
Lyndon Robjent, P .E.
Kate Garwood, AICP
Jane Rose
Corrie LaDoucer
Mark Filipi, AICP
Minnesota Pollution Control Agency
April 13, 2006
Ms. Rebecca Haug
Environmental Administrator
City of Elk River
13065 Orono Parkway
Elk River, 1v1N 55330
4p;r I
-I 2008
Dear Ms Haug:
The Environmental Assessment Worksheet (EA W) on the proposed Liberty Heights Estates residential
development has been reviewed by :M:PCA staff. We have the following~.omment~. .
Item lO-A rough calculation identifies that approximately 33 percent of the site is to be converted to
impervious surface. There is no information provided as to the total size of the subwatershed this project
is located in. Ho\vever, there is a substantial body of information gathered nationwide over the last
decade or so indicating that water quality impacts in streams begin to appear \vhen the impervious surface
area exceeds about 10 percent of the watershed area for a particular stream. As the impervious surface
coverage reaches 25 percent or so, water quality degradation becomes evident, and as impervious surface
coverage exceeds about 50 percent, stream ecosystems essentially disappear and the remnants become an
urban drainage system. The deleterious effects include sedimentation, bank instability and changes in
aquatic in\rertebrate and fish community structure, as well as nutrient and pollutant delivery.
Imperviousness similarly affects lakes and wetlands. The contours on the U.S. Geological Survey
quadrangle map (Exhibit B) show Twin Lakes do\Vl1 gradient of the project site. What controls \ViII be
used to protect these resources from the increased impervious surface stormwater runoff?
Section 17- This section states, "Peak discharge rates are likely to increase. Stormwater detention
ponds will be constructed to mitigate quantity, quality and discharge rates."
As a point of information, the following is taken from "Protecting Water Quality in Urban Areas,"
MPCA's Stormwater Best Management Practices Manual:
"By reading the output from models such as TR20, \ve see that ponds can reduce peak discharges to
less than the predevelopment rate. But ponds do not usually decrease the total ,rolume of runoff.
Analysis at most sites clearly sho\vs an increase in runoff volume from predevelopment conditions,
even \vhen the peak discharge from developed conditions is held to predevelopment peak discharge
rates or less. This is because the duration of discharge is ex'1ended proportionately. Since 1.3- to
t1vo-year events are approximately bankfull, and bankfull events are usually the most erosive per
unit offlo\v, this increase in duration can significantly increase erosion problems for the
do,vnstream ,vatershed, even for small storm events."
Please clarify how these ponds are "expected to fully mitigate the impacts to the receiving streams" and
please identify what the receiving stream is. This item only identifies '\vetland basins and ditch systems"
as receiving water bodies.
520 Lafayette Rd. N.; Saint Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY); www.pca.state.mn.us
81. Paul · Brainerd · Detroit Lakes · Duluth · Mankato · Marshall · Rochester · Willmar
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Minnesota Department ofN atural Resources
1200 Warner Road
St. Paul, Minnesota 55106
651.772.7900
April 25, 2006
Rebecca Haug
Environmental Administrator
City of Elk River
13065 Orono Parkway
Elk River, Minnesota 55330
RE: Liberty Heights Estates Residential Development Environmental Assessment Worksheet (EA W)
Dear Ms. Haug:
The Minnesota Department ofN atural Resources has reviewed the EA W prepared for the proposed
Liberty Heights Estates residential development project in the City of Elk River. Overall, the project
appears to make efficient use of space while avoiding impacts to wetland and lake habitats. We offer
the following comments for your consideration.
Description Gtem Nos. 6b and 6d)
Considering the proposal to mass grade 500,000 cubic yards of soil, we are concerned about the high
potential for wind and water erosion when soils are left exposed for a prolonged period. We
recommend that the project proposer develop an erosion control prevention plan prior to grading. This
plan should include measures for assuring that wetlands and their buffers are isolated from the
construction site and that temporary cover crops are planted to reduce water and wind erosion and
reduce the potential for air-borne particulate matter.
Additionally, the EA W identifies an outlot to be set aside for a future school site. That project, the
effects of which are not addressed in this EA W, may require review in a subsequent EA W.
Permits and Approvals Required (Item No.8)
Based on data supplied in Item No.12, it appears a Corps of Engineers' Section 404 individual permit
will be necessary. Because the proposed wetland fills are in drainage-ways, the Corps requirement of
"adjacency" probably is attained, and wetland fill greater than two acres will require an individual
permit.
Cover Types (Item No. 10)
This item shows a net gain of 1.0 acres of wetland onsite, for a future total of 45.5 acres. Item No.12
describes. 2.6 acres of wetland loss and 10.3 acres of onsite wetland mitigation, while Item No. 17
indicates that buffer strips will be created. We calculate that this would result in 52.2 acres of wetland
or some larger combination of wetland and grassland buffer. Please clarify these apparent differences.
An Equal Opportunity Employer Who Values Diversity
DNR Information: 651-296-6157
1-888-646-6367 TTY: 651-296-5484
1-800-657 -3929
Page 1 of 1
Haug,Rebecca
From: Roger Stradal [Roger.Stradal@dnr.state.mn.us]
Sent: Friday, April 14, 2006 2:21 PM
To: Michael North
Cc: Haug, Rebecca; Dale Homuth
Subject: EAW - Liberty Heights Estates in Elk River
Mike
I spoke with Rebecca Haug of Elk River and Liberty Heights Estates will be a PUD. The EAW mentions in item 14
that part of the project will be within the 1,000 foot shoreland zoning district of 71-238W, a natural environment
water body but little has been addressed regarding this. Item 13 says the project will be supplied by existing
wells but does not mention if an amendment will be needed for additional appropriation or if their present
appropriation is adequate for this sizable project.
Roger Stradal
Area Hydrologist- DNR Waters
940 Industrial Drive
Sauk RapidsrMn 56379
E-mail: roger.stradal@dnr.state.mn.us
Phone: (320) 255-4279 Ext.233
Fax: (320) 255-3999
4/14/2006
~ John Oliver & Associates, Inc.
Civil Enginee:ing I~ 580 Dodge Avenue, Elk River, MN 55330
Land Surve;:lDg =J (763) 441-2072 . Fax (763) 441-5665
Land PlannIng ~ - @ - 1-
..;J,. erIver er.]o 1verassoc. com
~
May 24, 2006
Ms. Rebecca Haug
Environmental Administrator
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Re: LIBERTY HEIGHTS ESTATES OF ELK RNER - Elk River, Minnesota
Dear Rebecca:
The following agencies or individuals issued comments on the EA W for the above property:
April 4, 2006 - Anoka County Highway Department
Prepared by Lance H. Bernard, Transportation Planner
April 13, 2006 - Minnesota Pollution Control Agency
Prepared by William J. Lynott, Project Manager
Allan Hoebelheinrich, Undated
April 25, 2006 - Minnesota Department of Natural Resources
Prepared by Joe Kurcenka, Regional Director
The following are responses to comments received:
Anoka Counhr High,,,av Department Comments - Dated April 4" 2006
Bullets 1 and 2
The City and De\teloper are aware of the Anoka County Highway Department De\Telopment Review
Process Manual.
The single access onto CSAH 22 (Viking Boule\Tard) has been re-e\'aluated and shown in a new location
to more closely fit with discussions that occurred in early 2006 with representatives from Anoka County,
Sherburne County, City of Elk River, Bums TO\VllShip (Anoka County), Meridian Real Estate Group,
Paramount Engineering & Design and John Oliver & Associates, Inc. Those discussions resulted in an
understanding that \lvhile Anoka County would not fa\Tor an access location on the County line,
Sherburne County \vauld find fa'var \vith a single access along the north proj ect line kno\\ring that Viking
Boulevard (CH 31) will change to a State highway in the future. The proposed access to Viking
Boulevard \vould not be a direct connection to the future State high\\Tay due to a new corridor
configuration. Viking Boulevard, in the vicinity of the proposed access, \vQuld likely be a local road
with a cOlll1ection to the future State high\\ray or the County high\\ray system. With the anticipated
phasing of this project, this access is several years away from being needed, thereby giving both
Counties, City and State time to resolve this issue.
Offices in L~Jk Rh-cr ('} BUrT]s\"ille $ BrookZ'/J] C:enter €' St. (:loud
\' .:"~\ '"iF 1("J l i l-t~:' r'-J ..:: ~ (1 (... C-'(l i'l
\. , ',/ - \. ~ Co. ~_" '.' ._...... ...' ~ ) ~
Page 2
May 24, 2006
Ms. Rebecca Haug
Bullets 3~ 4~ 5~ 6 and 7
Responses to these bullet points were prepared by Ed\,\'ard F. Terhaar, PE of Wenck Associates, Inc.
(Benshoof & Associates was acquired by Wenck Associates, Inc.).
Bullet 3
In our opinion, the proposed development will have minimal impacts on the larger regional and Anoka
County transportation systems.
Bullet 4
Average Daily Traffic (ADT) volumes are shovm in Figure 6. As described in the report dated February
7, 2006, the traffic volumes presented were developed as follows:
Existing (2006). Existing volumes were determined through traffic counts at the subject
intersections.
20 14 No-Build. Existing volumes at the subj ect intersections were increased by four percent per year
to account for area-wide development. Trips generated by the adjacent residential development
(Riverpark) and the two schools \vere also added, resulting in 2014 no-build volumes.
2014 Build. Volumes due to the proposed residential development were added to the 2014 no=build
volumes to determine 2014 build volumes.
Bullet 5
As described in the report dated February 7, 2006, trip generation for the proposed development were
estimated based on the data presented in the Institute of Transportation Engineers' (ITE) Trip
Generation, Seventh Edition. Trip distribution percentages for the subj ect development trips were
established based on the nearby roadway network, existing and expected future traffic patterns and
location of the subject development in relation to major attractions. The distribution percentages for
trips are shown in Figure 3.
Bullet 6
As described in the report dated February 7, 2006, trip generation for the proposed development were
estimated based on data presented in the Institute of Transportation Engineers' (ITE) Trip Generation,
Seventh Edition. Trip distribution percentages for the subject development trips were established based
on the nearby roadway netvvork, exiting and expected future traffic patterns and location of the subject
development in relation to major attractions. The distribution percentages for trips are shown in Figure
3.
Bullet 7
All intersections analyzed were determined based on discussions \vith City staff prior to the start of the
study. The intersections show~n in the report vvill be most impacted by the proposed development and
therefore \varranted analysis.
Page 3
May 24, 2006
I\tls. Rebecca Haug
Minnesota Pollution Control At:encv Comments - Dated April 13.. 2006
Item 10
While Twin Lakes lies at an elevation lower than the proposed project site, there is no stonn water
discharges from the proposed proj ect site to Twin Lakes; Viking Boulevard creates a natural banier. All
storm water runoff from the proposed project site is conveyed to and treated in ponds prior to
discharging to an existing wetland basin and ditch system. Storm water ultimately discharges under
Twin Lakes Road in a westerly direction to Trott Brook. Rates of discharge are mitigated to pre-existing
flow rates, thereby minimizing bank instability. Changes in aquatic invertebrate are expected to be
mInor.
Section 1 7
Fully mitigating the volume increase resulting from the conversion of agriculture use of the land to urban
residential is likely not to be accomplished for storm events with recurrence intervals greater than the
one year event (i.e. 10 year, 100 year). Storm water treatment ponds will be evaluated for incorporating
low COSt/19W maintenance infiltration capabilities. The additional maintenance associated with bio-
retention cells, swales and rain gardens is an expense the City of Elk River, the ultimate Owner, is not
prepared to undertake.
The storm \vater model created for this project is releasing flow from the developed site at a rate of less
than or equal to'pre-development rates. The receiving streams are two unnamed ditches. Both ditches
cross TvvinLakes Road (CH 13) and ultimately discharge to DNR Wetland 71-238W. Neither ditch
appears to be experiencing detrimental bank erosion. The extended duration of runoff is not expected
to cause detrimental bank erosion in the existing streams.
Section 18C
The Elk River City Engineer's Office states that sufficient capacity exists for the additional flow from
444 new single family homes and a 900 student school if they [the City of Elk River] are unable to
expand.
Comments from Alan Hoebelheinrich - Undated
Drainage patterns from the north side of Viking Boulevard are preserved with this proposed project (see
attached exhibit).
Storm \vater runoff enters the project site (Wetland Basin 6) from the north via a 15 inch culvert under
Vikillg Boulevard. Tllis culvert will not be disturbed or rendered in-operable by the proposed project.
Drainage will continue through Wetland Basin 6 in a southerly direction to a proposed culvert under
proposed 197th Avenue. Drainage continues in a southerly direction through Wetland Basin 6 until it
is intercepted by a second proposed storm se\\:er pipe, \vhere it \\'ill be conveyed to the southwest and
be discharged into the existing ditch, \\Thich lies along the common southerly lot line of the Middlestadt
property. At this location, storm \vater runoff drains to the existing culvert under T\\'in Lakes Road.
Page 4
May 24, 2006
Ms. Rebecca Haug
Minnesota Department of Natural Resources Comments - Dated April 25. 2006
Items 6b and 6d - Descriotion
A detailed erosion control prevention plan is being developed as part of the submittal package for the
preliminary plat. This project will be completed in phases. Temporary and permanent cover crops will
be utilized for areas exposed to wind and water erosion. Some areas may continue with agricultural
operations until the final phase(s) are completed.
Item 8 - Permits and Approvals Required
We have been unsuccessful at getting a formal response from the US Army Corps of Engineers
representative as to how the US Army Corps of Engineers may view the proposed fills. As such, Item
8 is amended to include the US Army Corps of Engineers Section 404 individual permit with a status
of "Not yet Applied".
Item 1 0 - Cover Types
Actual land coverages of wetlands before and after are as follows:
Before: 44.5 acres - After: 43.63 acres
The after number is determined as the net result of subtracting impacts of 2.6 acres, adding
replacement of 1.70 acres from/to the existing basin size.
The total mitigation is determined by beginning with 25% of the restored wetland basin area of3 7.8
acres (9 .45 acres) and adding 1/2 of the ne\vly created \\'etland of 1.70 acres (0 .85 acres) for a total
of 10.3 acres a
Additional wetland credits are available to the project resulting from creation ofbuffer strips but are
not shown in wetlands cover types.
Finally, the before and after area for lawn/landscaping is adjusted to read:
Before: 3.7 acres - After: 121.3 acres
Item 12 - Physical Impacts on Water Resources
The relocation of the road to the east of both \vetlands in questions is believed to be not viable.
It is the intent to create a total impact on Basin 5 and a partial impact on Basin 3. These impacts are
mitigated through the restoration of Basin 2 and the creation of ne\\' wetlands. The hydrology for Basin
3 is preserved vvith rear yard open space drainage and limited rooftop drainage. Impacts to Basin 3 are
minimized \vith the use of retaining \-valls. Basins 3 and 5 are Type 3 Wetlands. Basin 2 is a Type 1
Wetland. The dominant vegetation in Basin 2 is Reed Canary Grass. The basin size and impact for
Basin 3 is 31,914 and 8,825 square feet, respectively and Basin 5 is 11,307 and 11,307 square feet,
respectively. Vegetative quality is poor for both Basins 3 and 5.
Item 13 - ,Vater Use
The City of Elk River 'ATill be preparing the response for this item.
Page 5
May 24, 2006
!vis. Rebecca Haug
Item 14 - Water Related Land Use Management District (Incomplete]
Attached is a copy of the City of Elk River Code Division 12 - Shoreland Management, Subdivision N
Zoning and Water Supply/Sanitary Restrictions Section 30-2021. Lot area and width standards states
for lakes; (several areas; d. natural environment non-riparian lots; single, a area of 20,000 square feet
and width of 125 feet is shown.
The pro'visions of Section 30-2042 of the code provide for density adjustments within each tier. The
project encompasses four tiers (three at 320 feet each and a fourth tier of 40 feet) to reach the 1,000 foot
boundary limit of the Shoreland Overlay District. Density increases are shown in a table in Section 30-
2042 of 50% for Tier 1, 100% for Tier 2 and 200% for Tiers 3 and 4.
Attached is a copy of an exhibit titled Shoreland Overlay District. This exhibit demonstrates
conformance with the provisions of Division 12 Shoreland Management. The project is showing only
23 lots of a potential 116 lots available when the bones density is applied to each tier. Additionally, the
required open space (50% minimum) is far exceeded with 70% (26.42 acres) open space.
If you have any questions, please call me.
Sincerely,
JOHN OLIVER & ASSOCIATES, INC.
~~
Ross D. Abel, PE
Project Manager
RD AIl1n\;
Attachments
File: 8207.11-05
LctlctS\Ubcny Heights Estalc:s orElk Rivct.050906
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SCALE
SHORELAND OVERLAY DISTRIC
LIBERTY HEIGHTS ESTATES
OF
ELK RIVER, MN
FOR
E.R. Holdings, Inc.
5/11/2006
TIER 1
AREA: 26t651 SF
MIN LOT AREA: 20..000 SF
LOTS A V AILABLE
261.,651 SF /20..000 SF= 13.08
50% BONUS: 6.54
TIER 2
AREA: 548..052 SF
MIN LOT AREA: 20..000 SF
LOTS AVAILABLE
548..052 SF /20..000 SF= 27.4
100% BONUS: 27.4
TIER 3
AREA: 737..511 SF
MIN LOT AREA: 20..000 SF
LOTS A V AILABlE
737)511 SF /20)000 SF= 36.88
2001.: BONUS: 73.75
TIER 4-
AREA: 83..832 SF
MIN LOT AREA: 20}OOO SF
LOTS AVAILABLE
83..832 SF 120}OOO SF::: 4.19
200% BONUS: 8.38
. LOTS A Y AILABLE
'JE HAVE
116
23
OPEN SPACE CALC.
TOTAL AREA 'WITHIN
OVERLA y DISTRICT: 37.44 ACRES
50% REQUIREMENT: 18.72 ACRES MIN
\.IE HAVEl 26.42 ACRES
(DOES NOT INCLUDE IMPERVIOUS
SUFRACE OF THE PROPOSED
SCHOOL SITE.)
John Oliver & Associates, Inc.
Civil Engineering, Land. Surveying. Land Planning
580 Dodge Avenue
Elk River, Min'n€sota 55330
763-441-2072 (FAX) 763-441-5665
Offices in ElJc River, Burnsville,
Brooklyn Center &: St. Cloud Minnesota
DIVISION 12. SHORELAND IvlANAGEMENT*
Page 1 of 21
DMSION 12. SHORELAND MANAGEMENT*
*Cross references: Watervvays, ch. 86.
State law references: Shoreland development, Milln. Stats. ~ l03F.201 et seq.; mUl1icipal shoreland
management, Minn. Stats. 9 l03F.221.
Subdivision I. In General
Sec. 30-1961. Definitions.
The definitions in section 30-1 are applicable in this division. For the purpose of this division, unless
specifically defined in section 30-1, words or phrases used in this division shall be interpreted so as to give
them the same meaning as they have in common usagy and so as to give this division its most reasonable
application. All distances, unless otherwise specified, shall be measured horizontally.
(Code 1982, 9 904.02(7))
Cross references: Definitions generally, S 1-2.
Sec. 30-1962. Statutory authority.
This division is adopted pursuant to the authorization and policies contained in Minn. Stats. ch. l03F,
Minnesota Regulations parts 6120.2500--6120.3900, and the planning and zoning enabling legislation in
Minn. Stats. ch. 462.
(Code 1982, S 904.00(1))
Sec. 30-1963. Purpose of division.
The uncontrolled use of shore lands of the city affects the public health, safety and general welfare not only by
contributing to pollution of public ,vaters, but also by impairing the local tax base. Therefore, it is in the best
interests of the public health, safety and welfare to provide for the wise subdivision, use and development of
shorelands of public waters. The legislature of the state has delegated responsibility to local governments of
the state to regulate the subdivision, use and development ofthe shorelands of public waters and thus preserve
and enhance the quality of surface waters, conserve the economic and natural environmental values of
shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby
recognized by the city.
(Code 1982, 9 904.00(2))
Sec. 30-1964. Jurisdiction.
The provisions of this division shall apply to the shorelands of the public water bodies as defined in section
30-1 and as classified in subdivision ill of this division. Pursuant to Minnesota Regulations parts 6120.2500-
6120.3900, no lake, pond, or flowage less than ten acres in size in municipalities need be regulated in a local
government's shoreland regulations. A body of water created by a private user w-here there was no previous
shoreland may, at the discretion of the city council, be exempt from this division.
(Code 1982, 9 904.02(1))
Sec. 30-1965. Compliance with applicable regulations.
The use of any shoreland of public waters, the size and shape of10t8, the use, size, type and location of
structures on lots, the installation and maintenance of water supply and waste treatment systems, the grading
and fillin..g of any shoreland area, the cutting of shoreland vegetation, and the subdivision of land shall be in
full compliance with the terms of this division and other applicable regulations.
(Code 1982, ~ 904.02(2))
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5/9/2006
DiVISION 12. SHORELAND IvfANAGEMEl~T*
Page 2 of 21
Sec~ 30-1966. Interpretation of division.
In their interpretation and application, the provisions of this division shall be held to be minimum
requirements and shall be liberally construed in favor of the city council and shall not be deemed a limitation
or repeal of any other powers granted by state statutes.
(Code 1982, ~ 904.02(4))
Sec. 30-1967. Effect of division on existing easements, covenants or deed restrictions.
It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this division imposes greater restrictions, the provisions of this division shall
prevail.
(Code 1982, S 904.02(6))
Sec. 30-1968. Penalty.
Any violation of the provisions oftrus division or failure to comply with any of its requirements, including
violations of conditions and safeguards established in connection with grants of variances or conditional uses,
shall constitute a misdemeanor and shall be punishable as outlined in section 30-576 and as defined by
:.Minnesota Rules and state statutes. Violations of this division can occur regardless of whether or not a pennit
is required for a regulated activity pursuant to section 30-1982.
(Code 1982, 9 904.02(3))
Sees. 30-1969--30-1980. Reserved.
Subdivision II. Administration and Enforcement*
*Cross references: Administration, ch. 2.
Sec. 30-1981. Generally.
The city is responsible for the administration and enforcement of this division.
(Code 1982, 9 904.02(3))
Sec. 30-1982. Development permit.
(a) A permit is required for the construction of buildings or building additions (including such related
activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems,
and those grading and filling activities not exempted by section 30-2023. Application for a permit shall be
made to the building and zoning administrator on the forms provided. The application shall include the
necessary information so that the building and zoning administrator can determine the site1s suitability for the
intended use and that a compliant sewage treatment system will be provided. .
(b) Permits shall stipulate that any identified nonconforming sewage treatment system, as defined by section
30-2028, shall be reconstructed or replaced in accordance with the provisions of this division.
(Code 1982, 9 904.04(1))
Sec. 30-1983. Certificate of zoning compliance.
The building and zoning administrator shall issue a certificate of zoning compliance for each activity requiring
a permit as specified in section 30-1982. This certificate will specify that the use of land conforms to the
requirements of this division. Any use, arrangement, or construction at variance with that authorized by the
permit shall be deemed a violation of this division and shall be punishable as provided in section 30-1968.
(Code 1982, S 904.04(2))
Sec. 30-1984. Variances.
(a) Authorized; criteria.for granting. Variances may be considered for deviations from the strict application
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DIV1SIOl~ 12. SHORELMTD lviANAGEI\flENT*
Page 3 of 21
of the standards set forth in this division. Variances may only be granted in accordance with Minn. Stats. ch.
462, as applicable. A variance may not circumvent the general purposes and intent of this division. No
variance may be granted that would allow any use that is prohibited in the zoning district in which the subject
property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to
protect adjacent properties and the public interest. Variances may be granted subject to the findings and
standards as required by subdivision II of division 2 of this article. Additionally, when considering a variance
request in shoreland areas, the board of adjustments shall also consider the following:
(1) Whether the property owner has reasonable use of the land without the variance;
(2) Whether the property is used seasonally or yearround;
(3) Whether the variance is being requested solely on the basis of economic considerations; and
(4) The characteristics of development on adjacent properties.
(b) Nonconfornling sewage treatment systems. Additional standards for nonconforming sewage treatment
systems are as follows:
(1) For existing developments, the application for a variance shall clearly demonstrate whether a conforming
sewage treatment system is present for the intended use of the property.
(2) The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system.
(c) Action by board of adjustments. The board of adjustments shall hear and decide requests for variances in
accordance with the rules that it has adopted for the conduct of business. When a variance is approved after
the state department of natural resources has formally recommended denial in the hearing record, the
notification of the approved variance required in section 30-1985QJ) shall also include the board of
adjustment's summary of the public record/testimony and the findings of facts and conclusions which
supported the issuance of the variance.
(Code 1982, 9 904.04(3))
Sec. 30-1985. Notifications to commissioner.
(a) Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under
local shoreland management controls shall be sent to the commissioner or the commissioner's designated
representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed
subdivisions/plats shall include copies of the subdivisions/plats.
(b) A copy of approved amendments and subdivisions/plats and final decisions granting variances or
conditional uses under local shoreland management controls shall be sent to the commissioner or the
commissioner's designated representative and postmarked within ten days of final action.
(Code 1982, S 904.04(4))
Sec. 30-1986. Nonconformities.
All legally established nonconformities as of the effective date of the ordinance from which this article is
derived may continue, but they will be managed according to applicable state statutes and other regulations of
the city for the subj ects of alterations and additions, repair after damage, discontinuance of use, and
intensification of use; except that the following standards will also apply in shoreland areas:
(1) COllstructioll 011 11onconformi12g lots of record
a. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that
do not meet the requirements of subdivision IV of this division may be allowed as building sites without
variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in
separate oVlnership from abutting lands at all times since it became substandard, the lot was created compliant
with official controls in effect at the time, and sewage treatment and setback requirements of this division are
met
b. If setback requirements cannot be met, a variance shall be obtained before any use, sewage treatment
system, or building permit is issued for a lot. In evaluating the variance, the board of adjustments shall
consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if
adequate facilities cannot be provided.
c. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet
the requirements of section 30-2021, the lot shall not be considered as a separate parcel of land for the
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DrvlSION 12. SHORELA1~1) NfA1~AGEJvfENT*
Page 4 of 21
purposes of sale or development. The lot shall be combined with the one or more contiguous lots so they equal
one or more parcels of land, each meeting the requirements of section 30-2021 as much as possible.
(2) Additions or expa12sions to llollconforming structures.
a. All additions or expansions to the outside dimensions of an existing nonconforming structure shall meet
the setback, height, and other requirements of subdivision IV of this division. Any deviation from these
requirelnents shall be authorized by a variance pursuant to section 30-1984.
b. Deck additions may be allowed without a variance to a structure not meeting the required setback from the
ordinary high-water level if all of the following criteria and standards are met:
1. The structure existed on the date the structure setbacks were established;
2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or
exceeding the existing ordinary high-water level setback of the structure;
3. The deck encroachment toward the ordinary high-water level does not exceed 15 percent of the existing
setback of the structure from the ordinary high-water level or does not encroach closer than 30 feet, whichever
is more restrictive; and
4. The deck is constructed primarily afwood, and is not roofed or screened.
(3) Nonconforming sewage treatment systems. A sewage treatment system not meeting the requirements of
section 30-2028 shall be upgraded, at a minimum, at any time a permit or variance of any type is required for
any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system
shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper
setback from the ordinary high-water level.
(Code 1982, S 904.10)
Sees. 30-1987-30-2000. Reserved.
Subdivision ill. Shoreland Classification System and Land Use Districts
Sec. 30-2001. Shoreland classification system.
(a) Criteria. The public waters of the city have been classified as provided in this section consistent with the
criteria found in Minnesota Regulations part 6120.3300, and the Protected Waters Inventory Map for
Sherburne County, 1\1innesota, on file with the county administrative offices.
(b) Shoreland area. The shoreland area for the water bodies listed in this section shall be as defined in
section 30-1 and as shown on an overlay map which is available at city hall.
( c) Lakes.
(1) Natural environmental lakes.
TART ~R TNSF,T'
Natural Environmental Lakes Protected Waters
Inventory I.D No.
T"win Lake 71-1p
a. Section 24, Township 33, Range 26
b. Kliever Marsh 72-3w
Sections 1 and 2, Township 32, Range 26
Unnamed 71-4
c. Section 2, TOv\ln~hip 33, Range 26
d. Unnamed 71-5Vt'
Section 12, Township 33, Range 26
Unnamed 7106
e. Sections 12 and 13, Tov,Tnship 33, Range 26
f. Unnamed 71-7w
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DrVISION 12. SHORELAl\TD MAt~AGE11ENT*
Section 1, Township 33, Range 26
g. Eagle Lake 71-8
Sections 13 and 14, Township 33, Range 26
h. Unnamed 71-9
Sections 16 and 17, Township 33, Range 26
Unnamed 71-11w
1. Section 23, Township 33, Range 26
Rice Lake 71-15
J. Section 4, Township 33, Range 26
k. Unnamed 71-171w
Section 15, Township 33, Range 26
L Unnamed 71-238w
Section 25, Township 33, Range 26
Unnamed 71-241
ffi. Section 14, Township 33, Range 26
Unnamed 71-265
n. Section 20, Township 33, Range 26
Unnamed 71-280
o. Section 7, Township 33, Range 26
Unnamed 71-368w
p. Section 12, Township 33, Range 26
(2) Gel1eral developmellt lakes.
TABLE INSET:
General Development Lakes
Orono Lake
Sections 29 to 33, Township 33, Range 26
(d) Rivers and streams.
(1) Urball rivers.
TARTJR TNSF,T'
Protected Waters Inventory I.D. No.
71-13
Urban Rivers Legal Description
Elk River From: North section line, Section 22, Township 33, Range 27
To: Confluence with Mississippi River, Section 4, Township 32,
Range 26
(2) Tribzltary streanlS.
TABLE INSET:
Tributary Streams Legal Description
a. Trott Brook From: Section 2, Township 33, Range 26
To: Section 12, Township 32, Range 26
b. Unnamed to Orono Lake From: Section 20, Township 33, Range 26
To: Section 32, Township 33, Range 26
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c. Tibbits Brook From: Section 5, Township 33, Range 26
To: Section 6, Township 33, Range 26
(3) Wild and scenic rivers.
I\Iilssissippi River (see division 13 of this article).
(Code 1982, 9 904.06(1))
Sec. 30-2002. Shoreland overlay district.
(a) Purpose. The purpose of the shoreland overlay district is to provide for the wise development of the
shorelands of the city, to preserve and enhance the quality of sutface waters, and to preserve the economic and
natural values of shoreland areas.
(b) Overlay concept. The shoreland areas of the city shall be treated as an overlay district. All permitted,
conditional and prohibited uses as specified by the applicable underlying zoning district shall apply. These
districts are shown on the zoning map, and the uses are described in divisions 6 through 9 of this article. In
addition, land use patterns within the shoreland areas shall be consistent with the city's growth management
plan.
(c) Rezoning of land within shore/and areas. In revie"Wing proposals to rezone any land located within
shoreland areas, the city shall ensure that the proposed zoning district is consistent with the following criteria,
considerations, and objectives:
(1) General considerations and criteria for all land uses are as follows:
a. Preservation of natural areas;
b. Present ownership and development of shoreland areas;
c. Shoreland soil types and their engineering capabilities;
d. Topographic characteristics;
e. Vegetative cover;
f. In-water physical characteristics, values, and constraints;
g. Recreational use of the surface water;
h. Road and service center accessibility;
L Socioeconomic development needs and plans as they involve water and related land resources;
J. The land requirements of industry which, by its nature, requires location in shoreland areas; and
k. The necessity to preserve and restore certain areas having significant historical or ecological value.
(2) Factors and criteria for planned unit developments are as follows:
a. Existing recreational use of the surface waters and likely increases in use associated with planned unit
developments;
b. Physical and aesthetic impacts of increased density;
c. Suitability of lands for the planned unit development approach;
d. Level of current development in the area; and
e. Amounts and types of ownership of undeveloped lands.
(Code 1982, S 904.06(2))
Sees. 30-2003--30-2020. Reserved.
Subdivision IV. Zoning and Water Supply/Sanitary Restrictions
Sec. 30-2021. TJot area and width ~tandards.
The following standards shall apply to all shorelands of the protected waters listed in subdivision III of this
division. Where the requirements of the underlying zoning district as shOWl1 on the official zoning map are
more restrictive than those set forth' in this section, the more restrictive standards shall apply. The lot area (in
square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after
the date of enactment of the ordinance from which this articleis derived for the lake and river/stream
classifications shall be as follows:
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(1) Lakes (ul1sewered areas).
a. Natural ellVironment.
TABTJE INSET:
Ripariall Lots NOllripariml Lots
Area (acres) Width Area (acres) Width (feet)
Single 2- 1/2 200 2- 1/2 200
b. General developme12t.
TABLE INSET:
Riparian Lots Nonriparian Lots
Area (acres) Width Area (acres) Width (feet)
Single 1 160 1 160
(2) Lakes (selVered areas)
c. CTeneraldevelopnlent
TABT.tR INSET:
Riparian Lots Nonriparian Lots
Area Width Area Width
(square fiet) (fe e t) (square feet) (fe e t)
Singl e 15,000 80 10,000 80
Duplex 26,000 135 17,500 135
Triplex 38,000 195 25,000 190
Quad 49,000 255 32,500 245
d. Natural el1virOl1nlent.
TABLE INSET:
Riparian Lots NOJ1ripariml Lots
Area Width Area Width
(square feet) (fee t) (square feet) (fe e t)
Single 40,000 125 20,000 125
Double 70,000 225 35,000 220
Triplex 100,000 325 52,000 315
Quad 130,000 425 65,000 410
4-
(3) Rivers arid streanlS. There are no minimum lot size requirements for ri\Ters and streams except as
specified in the underlying zoning district. The lot width standards for single-family residential developments
shall be as follows:
Urban rivers and tributary streams:
TABLE INSET:
No Sewer Sewer
(feet) (feet)
Single 160 80
(4) Additional special provisions.
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a. Applicability of standards; planned Ullit developments. Residential subdivisions with dwelling unit
densities exceeding those in the tables in this section may only be allowed if designed and approved as
residential planned unit developments under section 30-2042 and divisions 6 through 9 of this article. Only
land above the ordinary high-water level of public waters may be used to meet lot area standards, and lot
width standards shall be met at both the ordinary high-water level and at the building line. The se\vered lot
area dimensions in this section may onlybe used if a publicly owned sewer system is available to the
property. .
b. Controlled access or recreational/ots. Lots intended as controlled accesses to public waters or as
recreation areas for use by only the owners ofnonriparian lots within subdivisions are permissible and shall
meet or exceed the following standards:
1. Lots shall meet the width and size requirements for residential lots, and be suitable for the intended uses of
controlled access lots.
2. If docking, mooring, or over-water storage of more than six watercraft is to be allowed at a controlled
access lot, then the width of the lot (keeping the same lot depth) shall be increased by the percent of the
requirements for ripa~an residential lots for each watercraft beyond six, consistent with the following table:
CONTROLLED ACCESS LOT
FRONTAGE REQUIREMENTS
TABLE INSET:
Required
Ratio of Lake Size to Shore Length Increase in
(acres/mile) Frontage
(percent)
Less than 100 25
1 00-- 200 20
201--300 15
301--400 10
Greater than 400 5
3. Lots shall be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian
lots .in the subdivision who are provided riparian access rights on the access lot.
4. Recorded covenants or other equally effective legal instruments that specify which lot owners have
authority to use the access lot and what activities are allowed are required. The activities may include
watercraft launching, loading, storage, beaching, mooring, or docking. They shall also include other outdoor
recreational activities that do not significantly conflict with general public use of the public water or the
enjoyment of normal propertY rights by adjacent property owners. Examples of the nonsignificant-conflict
activities include swimming, sunbathing, or picnicking. The covenants shall limit the total number of vehicles
allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored
over water and shall require centralization of all common facilities and activities in the most suitable locations
on the lot to minimize topographic and vegetation alterations. They shall also require all parking areas, storage
buildings, and other factlities to be screenedby vegetation or topography as much as practical from view from
the public water, assuming summer, leaf-on conditions.
(Code 1982, S 904.08(1); Ord.No. 01-14, 9 1, 10-15-2001; Ord. No. 05-09, S 3,4-4-2005)
Sec. 30-2022. Placement, design and height of structures.
(a) Placenlent of structures Oll/otS. When more than one setback applies to a site, structures and facilities
shall be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed
building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from
the ordinary high-water level, provided the proposed building site is not located in a shore impact zone or in a
bluff impact zone. Structures shall be located as follows:
(1) Setbacks from ordiJlary high-l1/ater level. Structure and on-site sewage system setbacks from the
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ordinary high-water level shall be as follows:
TABI.R TNSF~T'
Structures
Sewage
Classes of Public Waters Unsewered Sewered Treatment
(feet) (feet) System
(feet)
Lakes:
Natural environment 150 150 150
General development 75 50 50
Rivers:
Urban and tributary 100 50 75
One water-oriented accessory structure designed in accordance with subsection (b) of this section may be set
back a minimum distance often feet from the ordinary high-water level.
(2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the .
classification of the water body:
a. Setback from top of bluff: 30 feet.
b. Setback from unplatted cemetery; 50 feet.
(3) Bluffimpact zones. Structures and accessory facilities, except stairways and landings, shall not be placed
within bluff impact zones.
(4) Uses without water-oriented needs. Commercial, industrial, public and semipublic uses without water-
oriented needs shall be located on lots or parcels without public waters frontage Of, if located on lots or
parcels with public waters frontage, shall either be set back double the normal ordinary high-water level
setback or be substantially screened from view from the water by vegetation or topography, assuming
summer, leaf-on conditions.
(b ) Design criteria for structures.
(1) Flood protectioll elevatiol1s. Structures shall be placed in accordance \\i'ith any floodplain regulations
applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including
basement, is placed or floodproofed shall be determined as follows:
a. For lakes, the elevation shall be detemrined by placing the lowest floor at a level at least three feet above
the highest known water level, or three feet above the ordinary high-water level, whichever is higher.
b. For rivers and streams, the elevation shall be determined by placing the lowest floor at least three feet
above the highest known water level.
c. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined
pursuant to this subsection (b)(1) if the structure is constructed of flood resistant materials to the elevation,
electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated,
the ~tructure is hllilt to withstand ice action and wind-driven wave~ and dehri~.
(2) Water-oriented accessory structures. Each lot may have one ,vater-oriented accessory structure not
meeting the normal structure setback in subsection (a) of this section if this water-oriented accessory structure
complies with the following provisions:
a. The structure or facility shall not exceed ten feet in height, exclusive of safety rails, and cannot occupy an
area greater than 250 square feet. Detached decks shall not exceed eight feet above grade at any point.
b. The setback of the structure or facility from the ordinary high-water level shall be at least ten feet.
c. The structure or facility shall be treated to reduce visibility as viewed from public ,vaters and adjacent
shorelands by 'vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions.
d. The roof may be used as a deck \\lith safety rails, but shall not be enclosed or used as a storage area.
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e. The structure or facility shall not be designed or used for human habitation and shall not contain water
supply or sewage treatment facilities.
f. As an alternative for general development water bodies) water-oriented accessory structures used solely for
watercraft storage, including storage of related boating and water-oriented sporting equipment, may occupy an
area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the
configuration of the shoreline.
(3) StainvCl)Js, lifts, and IWldil1gS. Stairways and lifts are the preferred alternative to major topographic
alterations for achieving access up and down bluffs and steep slopes to shore area. If stairways, lifts, and
landings meet the following design requirements they shall not be considered a water-oriented accessory
structure; however, they may be required to receive a building pennit:
a. StaiIVIays and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for
commercial properties, public open space recreational properties, and planned unit developments;
b. Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger
than 32 square feet may be used for commercial properties, public open space recreational properties, and
planned unit developments;
c. Canopies or roofs are not allowed on stairways, lifts, or landings;
d. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed
into the ground, provided they are designed and built in a manner that ensures control of soil erosion;
e. Stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as
viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical; and
f. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for
achieving access to shore areas, provided that the dimensional and performance standards of subsections (b)
(3)a through e of this section are complied with in addition to the requirements of Minnesota Regulations
chapter 1340.
(4) Significant historic sites4 No structure may be placed on a significant historic site in a manner that affects
the values of the site unless adequate information about the site has been removed and documented in a public
repository .
(5) Steep slopes. The building and zoning administrator shall evaluate possible soil erosion impacts and
development visibility from public waters before issuing a permit for construction of sewage treatment
systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary,
conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation screening
of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer,
leaf-on vegetation.
(c) Height oj structllres. All structures in city residential districts, except churches and nonresidential
agricultural structures, shall not exceed 30 feet in height.
(Code 1982, S 904.08(2))
Sec. 30-2023. Shoreland alterations.
(a) GenerallY4 Alterations of vegetation and topography will be regulated to prevent erosion into public
waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and
protect fish and wildlife habitat.
(b ) Vegetation alteratiolls.
(1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the
construction of roads and parking areas regulated by section 30-2024 are exempt from the vegetation
alteration standards in this subsection.
(2) Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in
section 30-2026(b) and (c), is allowed subject to the following standards:
a. Intensive vegetation clearing within the shore and bluff impact zones and on sleep slopes is not allo\\Ted.
Intensive vegetation clearing for forest land conversion to another use outside of these areas may be permitted
as a conditional use subject to the standards set forth in section 30-2027 if an erosion control and
sedimentation plan is developed and approved by the soil and vvater conservation district in which the
property is located.
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b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting,
pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and
to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas,
beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided
that:
1. The screening of structures, vehicles, or other facilities as viewed from the '^later, assuming summer, leaf-
on conditions, is not substantially reduced;
2. Along rivers, existing shading of water surfaces is preserved; and
3. These provisions are not applicable to the removal of trees, limbs, or branches that are dead or diseased or
pose safety hazards.
(c) Topographic alterations (gradil1g andfilling).
(1) Notwithstanding subsections (2) and (3) of this subsection, a grading and filling permit shall be required
for the movement of more than 100 square feet of material one foot in depth.
(2) Grading and filling and excavations necessary for the construction of structures, sewage treatment
systems, and driveways under validly issued construction permits for these facilities do not require the
issuance of a separate grading and filling permit. However, the grading and filling standards in this section
shall be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and
driveways.
(3) Public roads and parking areas are regulated by section 30-2024.
(4) The following considerations and conditions shall be adhered to during the issuance of construction
permits, grading and filling permits, conditional use pennits, variances and subdivision approvals:
a. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland shall be evaluated to determine how extensively
the proposed activity would affect the following functional qualities of the wetland:
1. Sediment and pollutant trapping and retention:
2. Storage of surface runoff to prevent or reduce flood damage;
3. Fish and wildlife habitat;
4. Recreational use;
5. Shoreline or bank stabilization; and
6. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered
plants and animals, or others.
This evaluation shall also include a determination of whether the wetland alteration being proposed requires
permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the state
department of natural resources, or the United States Anny Corps of Engineers. The applicant will be so
advised.
b. Alterations shall be designed and conducted in a manner that ensures only the smallest amount of bare
ground is exposed for the shortest time possible.
c. Mulches or similar materials shall be used, where necessary, for temporary bare soil coverage, and a
permanent vegetation cover shall be established as soon as possible.
d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature shall
be used.
e. Altered areas shall be stabilized to acceptable erosion control standards consistent with the field office
technical guides of the local soil and water conservation districts and the United States Soil Conservation
Service.
f. Fill or excavated material shall not be placed in a manner that creates an unstable slope.
g. Plans to place fill or excavated material on steep slopes shall be reviewed by qualified professionals for
continued slope stability and shall not create finished slopes which are greater than 4 to 1 (four feet horizontal
to one foot vertical).
h. Fill or excavated material shall not be placed in bluff impact zones.
i. Any alterations below the ordinary high-water level of public waters shall first be authorized by the
commissioner under Minn. Stats. S 105.42.
j. Alterations of topography shall only be allowed if they are accessory to permitted or conditional uses and
do not adversely affect adjacent or nearby properties.
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k. Placement of natural rock riprap and placement of a filter blanket shall be allowed without a permit if the
finished slope does not exceed four feet horizontal to one foot vertical, the landward extent of the riprap is
within ten feet of the ordinary high-water level and does not extend five feet below the ordinary high-water
level, and the height of the riprap above the ordinary high-water level does not exceed three feet. A permit
shall be required for placement of riprap which exceeds these standards.
(Code 1982, 9 904.08(3))
Sec. 30-2024. Placement and design of roads, driveways and parking areas.
(a) Public and private roads and parking areas shall be designed to take advantage of natural vegetation and
topography to achieve maximum screening from view from public waters. Documentation shall be provided
by a qualified individual that all roads and parking areas are designed and constructed to minimize and control
erosion to public waters consistent with the field office technical guides of the local soil and water
conservation district, or other applicable technical materials.
(b) Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff
and shore impact zones.
(c) Public and private watercraft access ramps, approach roads, and access-related parking areas may be
placed within shore impact zones, provided the vegetative screening and erosion control conditions of this
division are met. For private facilities, the grading and filling provisions of section 30-2023(c) shall be met.
(Code 1982, 9 904~08(4))
Sec. 30-2025. Stormwater management.
The following general and specific standards shall apply to stormwater management:
(1) General standards.
a. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces shall be used to
convey, store, filter, and retain storrnwater runoff before discharge to public waters.
b. Development shall be planned and conducted in a manner that will minimize the extent of disturbed areas,
runoffvelocities, and erosion potential, and reduce and delay runoff volumes. Disturbed areas shall be
stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
c. When development density, topographic features, and soil and vegetation conditions are not sufficient to
adequately handle stormwater runoff using natural features and vegetation, various types of constructed
facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used.
Preference shall be given to designs using surface drainage, vegetation, and infiltration rather than buried
pipes and manmade materials and facilities.
(2) Specific stalulards.
a. Impervious surface coverage of lots shall not exceed 25 percent of the lot area. In lieu of meeting this
impervious surface requirement, a property may submit a stormwater drainage plan to the city for review and
approval which restricts the developed five-year frequency event peak discharge to a rate no greater than the
five-year historic undeveloped peak discharge. To the maximum extent possible, the drainage plan must also
provide for methods of runoff settlement and/or filtration prior to discharge to the receiving water.
b. When constructed facilities are used for stormwater management, documentation shall be provided by a
qualified individual that they are designed and installed consistent with the field office technical guide of the
local soil and water conservation districts.
c. New constructed stormwater outfalls to public waters shall provide for filtering or settling of suspended
solids and skimming of surface debris before discharge.
(Code 1982, 9 904.08(5))
Sec. 30-2026. Commercial, industrial, public, semipublic, agricultural, forestry and extractive uses.
(a) Stal1dards for conznlercial, industrial, public, and senzipublic uses. Surface-water-oriented commercial
uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters
may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs shall
meet the following standards:
(1) In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this division,
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the uses shall be designed to incorporate topographic and vegetative screening of parking areas and structures.
(2) Uses that require short-tenn watercraft mooring for patrons shall centralize these facilities and design
them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.
(3) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed
information to the public, subject to the provisions of the sign regulations of this article and the following
general standards:
a~ No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs
conveying information or safety messages may be placed in or on public waters by a public authority or under
a permit issued by the county sheriff.
b. No signs may be placed within the shore impact zone or bluff impact zone.
c. Other outside lighting may be located within the shore impact zone or over public waters if it is used
primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct
illumination out across public waters. This does not preclude use of navigational lights.
(b) Agricultural use standards. Standards for agricultural uses are as follows:
(1) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop
harvesting are pennitted uses if steep slopes and shore and bluff impact zones are maintained in permanent
vegetation or operated under an approved conservation plan (resource management system) consistent with
the field office technical guides of the local soil and water conservation district or the United States Soil
Conservation SetVice, as provided by a qualified individual or agency. The shore impact zone for parcels with
. permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high-water level.
(2) Animal feedlots shall meet the folloVling standards:
a~ New feedlots shall not be located in the shoreland of watercourses or in bluff impact zones and shall meet
a minimum setback of 300 feet from the ordinary high-water level of all public waters basins; and
b~ Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high-water
level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high-
water level setback or encroach on bluff impact zones.
(c) Forest mCllUlgement sta11dards. The harvesting of timber and associated reforestation shall be conducted
consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the
provisions of Water Quality in Forest 1\1anagement, "Best Management Practices in Minnesota," a copy of
which is available through the state department of natural resources.
(d) Extractive use stCllldards. The following standards shall apply to extractive uses:
(1) Site development and restoratio!l platI.. An extractive use site development and restoration plan shall be
developed, approved, and followed over the course of operation of the site, pursuant to chapter 42, article II.
The plan shall address dust, noise, possible pollutant discharges, hours and duration of operation, and
anticipated vegetation and topographic alterations. It shall also identify actions to be taken during operation to
mitigate adverse environmental impacts, particularly erosion, and shall clearly explain how the site will be
rehabilitated after extractive activities end.
(2) Setbacks for processing machinelY. Processing machinery shall be located consistent vvith setback
standards for structures from ordinary high-water levels of public waters and from bluffs.
(Code 1982, S 904.08(6))
Sec. 30-2027. Condltional u~es_
Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and
criteria and conditions for review of conditional uses as set forth in subdivision ill of division 2 of this article.
The follo,ving additional evaluation criteria and conditions shall be considered in evaluating conditional use
permit requests within shoreland areas:
(1) Eval11atiol1 criteria. A thorough evaluation of the water body and the topographic, vegetation, and soils
conditions on the site shall be made to ensure that:
a. Soil erosion or other possible pollution of public ,vaters is prevented, both during and after construction;
b. The visibility of structures and other facilities as viewed from public waters is limited;
c. The site is adequate for water supply and on-site sewage treatment; and
d. The types, uses and numbers of watercraft that the project vvill generate are compatible in relation to the
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suitability of public waters to safely accommodate these watercraft.
(2) COlulitions. The city, upon consideration of the criteria listed in subsection (1) of this section and the
purposes of this division, shall attach such conditions to the issuance of the conditional use permits as it deems
necessary to fulfill the purposes of this division. Such conditions may include, but are not limited to, the
following:
a. Increased setbacks from the ordina:ry high-water lev-el;
b. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be
planted; and
c. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft
launching and docking areas, and vehicle parking areas.
(Code 1982, 9 904.08(7))
Sec. 30-2028. Water supply and sewage treatment.
(a) Water supply. Any public or private supply of water for domestic purposes shall meet or exceed
standards for water quality of the state department of health and the state pollution control agency.
(b) Sewage treatment. Any premises used for human occupancy shall be provided with an adequate method
of sewage treatment, as follows:
(1) Publicly owned sewer systems shall be used where available.
(2) All private sewage treatment systems shall meet or exceed the state pollution control agency's standards
for individual sewage treatment systems contained in the document titled "Individual Sewage Treatment
Systems Standards, Chapter 7080," a copy of which is hereby adopted by reference and declared to be a part
of this division~
(3) On-site sewage treatment systems shall be set back from the ordinary high-water level in accordance with
the setbacks contained in section 30-2022(a).
(4) All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the
criteria in subsections (b)(l) through (4) oftbis section. It shall be the responsibility of the applicant to
provide sufficient soil borings and percolation tests from on-site field investigations. Evaluation criteria are as
follows:
a. Depth to the highest known or calculated groundwater table or bedrock.
b. Soil conditions, properties, and permeability.
c. Slope.
d. The existence of lowlands, local surface depressions, and rock outcrops.
(5) Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section
30-1986(3).
(Code 1982, S 904.08(8))
Sees. 30-2029--30-2040. Reserved.
Subdivision V. Restrictions and Requirements
Sec. 30-2041. Subdivisions and platting.
(a) Lalld suitability. Each lot created through subdivision, including planned unit developments authorized
under section 30-2042, shall be suitable in its natural state for the proposed use with minimal alteration.
Suitability analysis by the city shall consider susceptibility to flooding, existence of wetlands, soil and rock
formations with severe limitations for development, severe erosion potential, steep topography, inadequate
water supply or se\vage treatment capabilities, near-shore aquatic conditions unsuitable for water-based
recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the
natural land likely to be harmful to the health, safety, or welfare offuture residents of the proposed
subdivision or of the community.
(b) Conformallce with subdivisiol1 controls. Subdivisions shall confonn to all official controls of the city. A
subdivision will not be approved where a later variance from one or more standards in official controls would
be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water
systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment
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system consistent with sections 30-2022 and 30-2028 can be provided for every lot. Each lot shall meet the
minimum lot size and dimensional requirements of section 30-2021, including at least a minimum contiguous
lawn area that is free of limiting factors sufficient for the construction of two standard soil treatment systems.
Lots that would require use of holding tanks shall not be approved.
(c) Iliformation requirenlents. Sufficient information shall be submitted by the applicant according to section
30-353 for the city to make a deternlination of land suitability. In addition, the following infoffi1ation shall be
provided in shoreland districts:.
(1) Adequate soils information to determine suitability for building and on-site sewage treatment capabilities
for every lot, from the most current existing sources or from field investigations such as soil borings,
percolation tests, or other methods;
(2) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and
topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and
aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after
construction activities;
(3) Location of lOO-year floodplain areas and floodway districts from existing adopted maps or data; and
(4) A line or contour representing the ordinary high-water level as established by the state department of
natural resources, the toe and the top of bluffs, and the minimum building setback distances from the top of
the bluff and the lake or stream.
(d) Dedicatiol1s. When a land or easement dedication is a condition of subdivision approval, the approval
shall provide easements over natural drainage or ponding areas for management of stormwater and significant
wetlands.
(e) Controlled access or re ere atiol1al lots. Lots intended as controlled accesses to public waters or for
recreational use areas for use by non-riparian lots within a subdivision shall meet or exceed the sizing criteria
in section 30-2021(4).
(Code 1982, S 904.12)
Sec. 30-2042. Planned unit developments.
(a) Permissible types of development. Planned unit developments (PUDs) are allowed for new projects on
undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land.
(b) Approval procedure. Planned unit developments shall be processed as a conditional use pursuant to this
article. If an EA W or EIS is required, approval of the PUD cannot occur until the environmental review
process is complete.
(c) Applicatiol1. The applicant for a PUD shall submit the follo\Ving documents as a part of the application:
(1) A site plan and/or plat for the project showing locations of property boundaries, surface water features,
existing and.proposed structures and other facilities, land alterations, sewage treatment and water supply
systems (where public systems will not be provided) and topographic contours at two-foot intervals or less.
When a PUD is a combined commercial and residential development, the site plan and/or plat shall indicate
and distinguish ,vhich buildings and portions of the project are residential, commercial, or a combination of
the two.
(2) A property owners' association agreement (for residential PUDs) with mandatory membership, in
accordance with the requirements of subsection (e)(3) of this section.
(3) Deed restrictions, covenants, permanent easements or other instruments that:
a. Properly address future vegetative and topographic alterations, construction of additional buildings,
beaching of watercraft, and construction of commercial buildings in residential PlIDs; and
b. Ensure the longterm preservation and maintenance of open space in accordance with the criteria and
analysis specified in subsection (e) of this section.
(4) When necessary, a master plan/drawing describing the project and the floor plan for all commercial
structures to be occupied.
(5) Those additional documents as requested by the building and zoning administrator that are necessary to
explain how the PUD will be designed and will function.
(d) Site Ifsuitable area" evaluation. Proposed new planned unit developments or expansions to existing
planned unit developments shall be evaluated using the fol1ovving procedures and standards to determine the
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suitable area for the dwelling unit/dwelling site density evaluation under subsections (e) and (f) of this
section:
(1) The project parcel shall be divided into tiers by locating one or more lines approximately parallel to a line
that identifies the ordinary high-water level at the following intervals, proceeding landward:
SHORELAND TffiR DTMENSTONS
TABLE INSET:
......
Unsewered Sewered
(feet) (feet)
General development Iakes--first tier 200 200
General development lakes--second and additional tiers 267 200
Natural environment lakes 400 320
All river classes 300 300
~
(2) The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or
land below the ordinary high-water level of public waters. This suitable area and the proposed project are then
subj ected to either the residential or commercial planned unit development density evaluation steps to arrive at
an allowable number of dwelling units or sites.
(e) Residential P UD density evaluation. The procedures for determining the base density of a residential
PUD and density increase multipliers are as follows:
(1) Residential PUD base density evaluatioll.
a. The suitable area within each tier is divided by the single residential10t size standard to yield a base
density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for
the residential planned unit development are then compared with the tier, density, and suitability analyses in
this section and the design criteria in subsection (e)(2) of this section.
b. A determination is made as to whether the project is eligible for any density increases. To be eligible,
projects shall meet all of the design standards in subsection (e)(2) of this section and exceed one or more of
them. The city may decide how much, if any, increase in density to allow for each tier, but shall not exceed
the maximum allowable density increases listed in the foil owing- table:
MAXIMUM ALLOWABLE DWELLlNG UNIT" OR SITE DENSITY INCREASES FOR RESIDENTIAL
PLANNED lJNIT DEVELOPME1\TTS
TABLE INSET:
Density Evaluation Tier Maximum Density Increase Within Each Tier
(percent)
First 50
Second 100
Third 200
Fourth 200
Fifth 200
Allowable densities may be transferred from an)' tier to any other tier further from the shoreland lake or river,
but shall not be transferred to any other tier closer.
(2) DesigJ1 criteria. The design criteria are as folIo\^lS:
a All residential planned unit developments shall contain at least five dwelling units or sites.
b. Residential planned unit developments shall contain open space meeting all of the following criteria:
· 1. At least 50 percent of the total project area shall be preserved as open space.
2. Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures,
except "\^,rater-oriented accessory structures or facilities, are de\'eloped areas and shall not be included in the
computation of minimum open space.
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.. 3. Open space shall include areas with physical characteristics unsuitable for development in their natural
state, and areas containing significant historic sites or unplatted cemeteries.
· 4. Open space may include outdoor recreational facilities for use by owners of the dwelling units or sites, or
the public.
5. The shore impact zone, based on nonnal structure setbacks, shall be included as open space. At least 50
percent of tIle shore impact zone area of existing developments or at least 70 percent of the shore impact zone
area of new developments shall be preserved in its natural or existing state.
6~ Open space shall not include commercial facilities or uses, but may contain water-oriented accessory
structures or facilities.~
7. The appearance of open space areas, including topography, vegetation, and allowable uses, shall be
preserved by use of restrictive deed covenants, pennanent easements, public dedication and acceptance, or
other equally effective and permanent means.
8. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid
adverse impacts on the systems.
· c. Centralization and design of facilities and structures shall be done according to the following standards:
1. Residential planned unit developments shall be connected to publicly owned water supply and sewer
systems, if available. On~site water supply and sewage treatment systems shall be centralized and designed
and installed to meet or exceed applicable standards or rules of the state department of health and sections 30-
2022 and 30-2028. On-site sewage treatment systems shall be located on the most suitable areas of the
development, and sufficient lawn area free of limiting factors shall be provided for a replacement soil
treatment system for each sewage system.
2. Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the
development. They shall be designed and located to meet or exceed the following dimensional standards for
the relevant shoreland classification: setback from the ordinary high-water level, elevation above the surface
water features, and maximum height. Setbacks from the ordinary high-water level shall be increased for
developments with density increases4 Maximum density increases may only be allowed if structure setbacks
from the ordinary high-water level are increased to at least 50 percent greater than the minimum setback, or
the impact on the water body is reduced an equivalent amount through vegetative management, topography, or
additional means acceptable to the city and the setback is at least 25 percent greater than the minimum
setback:.
3. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring
areas and launching ramps, shall be centralized and located in areas suitable for them. Evaluation of suitability
shall include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or
other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of
watercraft shall not exceed one for each allowable dwelling unit or site in thefirst tier. Launching ramp
facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants
of dwelling units or sites located in other tiers.
4. Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public
waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means
acceptable to the city, assuming summer, leaf-on conditions.
5. Water-oriented accessory structures and facilities may be allowed if they meet or exceed the design
standards contained in section 30-2022 and are centralized.
6. Accessory structures and facilities may be allowed if they meet or exceed the standards in subdivision IV
of this division and are centralized.
d. Erosion control and stormwater management for residential planned unit developments shall:
1. Be designed, and their construction managed, to minimize the likelihood of serious erosion occurring
either during or after construction. This shall be accomplished by limiting the amount and length of time of
bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or
other appropriate techniques shall be used to minimize erosion impacts on surface water features. Erosion
control plans approved by a soil and water conservation district may be required if project size and site
physical characteristics warrant.
2. Be designed and constructed to effectively manage reasonably expected quantities and qualities of
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storm water runoff.
(3) Administration arul nzail1tenance requireme12ts. Before final approval of all residential planned unit
developments, the city shall ensure adequate provisions have been developed for preservation and
maintenance in perpetuity of open spaces and for the continued existence and functioning of the development
as a community.
a. Opell space preservatioll. Deed restrictions, covenants, permanent easements, public dedication and
acceptance, or other equally effective and pennanent means shall be provided to ensure longterm preservation
and maintenance of open space. The instruments shall include all of the following protections:
1. Commercial uses are prohibited;
2. Vegetation and topographic alterations other than routine maintenance are prohibited;
3. Construction of additional buildings or storage of vehicles and other materials are prohibited; and
4. Uncontrolled beaching is prohibited.
b. All residential planned unit developments shall use an o"WIlers' association with the following features:
1. Membership shall be mandatory for each dwelling unit or site purchaser and any successive purchasers.
2. Each member shall pay a pro rata share of the association's expenses, and unpaid assessments can become
liens on units or sites.
3. Assessments shall be adjustable to accommodate changing conditions.
4. The association shall be responsible for insurance, taxes, and maintenance of all commonly owned
property and facilities.
(4) Conversiol1s. The city may allow existing resorts or other land uses and facilities to be converted to
residential planned unit developments if all of the following standards are met:
a. Proposed conversions shall be initially evaluated using the same procedures and standards presented in
this division for developments involving all new construction. Inconsistencies between existing features of the
development and these standards shall be identified.
b. Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open
space, and shore recreation facilities shall be corrected as part of the conversion or as specified in the'
conditional use permit.
c. Shore and bluff impact zone deficiencies shall be evaluated and reasonable improvements made as part of
the conversion. These improvements shall include, where applicable, the following:
1. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or
bluff impact zones; and
2. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and
other facilities as viewed from the water.
If existing dwelling units are located in shore or bluff impact zones, conditions shall be attached to approvals
of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions
shall also provide for future relocation of dwelling units, where feasible, to other locations, meeting all
setback and elevation requirements when they are rebuilt or replaced.
d. Existing dwelling urnt or dwelling site densities that exceed the standards in this division may be allowed
to continue but shall not be allowed to be increased, either at the time of conversion or in the future. Efforts
shall be made during the conversion to limit impacts of high densities by requiring seasonal use, improving
vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other
mean~_
(f) Commercial plall11ed Ullit developmellts. The density evaluation steps and design criteria for commercial
planned unit developments are as follows:
(1) Dellsity evaluation steps. Density evaluation steps are as follol^is:
a. Determine the average inside living area size of dwelling units or sites within each tier, including both
existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios,
stoops, steps, garages, or porches and basements, unless they are habitable space.
b. Select the appropriate floor area ratio from the following table:
C01v1MERCI.AL PLANNED UNIT DEVELOP1v1ENT FLOOR AREA RATIOS *
PUBLIC WATERS CLASSES
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TABLE INSET:
Average
Unit Floor Sewered Development-- General Additional Tiers Second Natural
Area Lakes, Urban, Tributary on Unsewered General Environment
, (square River Segments Development Lakes Lakes
feet)
200 0.040 0.020 .0.010
300 0.048 0.024 0.012
400 0.056 0.028 0.014
500 0.065 0.032 0.016
600 0.072 0.038 0.019
700 0.082 0.042 0..021
800 O~O91 0.046 0.023
.900 O.~O99 0..050 0.025
1,000 0.108 0..054 0.027
1,100 0.116 0..058 0.029.
1,200 0.125 0.064 0.032
1,300 0.133 0..068 0.034
1,400 .0.142 0.072 0..036
1,500 0'.150 O~O75 0.038
. . " .
*For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas
greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios
listed at 400 squate feet.1\1anufactured home sites in recreational camping areas shall use a ratio equal to the
size of the manufactured home, Of, if unknown, the ratio listed for 1,000 square feet.
c. Multiply the useable area within each tier by the floor area ratio to yield total floor area for each tier
allowed to be used for dwelling units or sites.
d. Divide the area computed under subsection (f)(l)c of this section by the average determined under
subsection (t)(l)a of this section. This yields a base number of dwelling units and sites for each tier.
e. Determine whether the project is eligible for any additional density increases. To be eligible, projects shall
meet all of the design standards in subsection (f)(2) of this section and exceed one or more of them. The city
may decide how much, if any, increase in density to allow for each tier, but shall not exceed the maximum
allowable density increases listed in the following table:
MAXtM{JM Al..{..OWABIJR DWETJI..TNG TfNlT OR SITE DENSITYTNCRRASFJS FOR COMMERCIAl..
PLANNED UNIT DEVELOPMENTS
TABLE INSET:
Tier Maximum Density Increase Within Each Tier
(percent)
First 50
Second 100
Third 200
Fourth 200
Fifth 200
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f. Allowable densities may be transferred from any tier to any other tier further from the shoreland lake or
river, but shall not be transferred to any other tier closer.
(2) Design criteria. The design criteria are as follows:
a. Commercial planned unit developments shall contain open space meeting all of the following criteria:
1. At least 50 percent of the total project area shall be preserved as open space.
2. Dwelling units or sites, .road rights-of-way, or land covered by road surfaces or parking areas, except
water-oriented accessory structures or facilities, are developed areas and shall not be included in the
computation of open space.
3. Open space shall include areas with physical characteristics unsuitable for development in their natural
state, and areas containing significant historic sites or unplatted cemeteries.
4. All shore impact zones within commercial planned unit developments shall be included as open space, and
at least 50 percent of these areas shall be preserved in their natural or existing state.
5. Open space may include outdoor recreation facilities for use by guests staying in dwelling units or sites, or
the public.
6. Open space may include subsurface sewage treatment systems ifuse of the space is restricted to avoid
adverse impacts on the systems.
b. Design of structures and facilities shall be done according to the following standards:
1. Commercial planned unit developments shall be connected to publicly owned water supply and sewer
systems, if available. On-site water supply and sewage treatment systems shall be designed and installed to
meet or exceed applicable rules of the state department of health and sections 30-2022 and 30-2028. On-site
sewage treatment systems shall be located on the most suitable areas of the development, and sufficient lawn
area free of limiting factors shall be provided for a replacement soil treatment system for each sewage system.
2. Dwelling units or sites shall be located on suitable areas of the development. They shall be designed and
located to meet or exceed the following dimensional standards for the relevant shoreland classification:
setback from the ordinary high-water level, elevation above surface water features, and maximum height.
Maximum density increases may only be allowed if structure setbacks from the ordinary high-water level are
increased to at least 50 percent greater than the minimum setback, or the impact on the water body is reduced
an equivalent amount through vegetative management, topography or other means acceptable to the city and
the setback is at least 25 percent greater than the minimum setback.
3. Structures, parking areas, and other facilities shall be designed and located in a manner that minimizes
their visibility from surface water features, assuming summer, leaf-on conditions. The structure, dwelling unit,
accessory structure, or parking area shall be treated to reduce visibility as vie"\\7ed from public waters and
adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the
city, assuming summer, leaf-on conditions. Vegetative and topographic screeningshall be preserved, if
existing, or may be required to be provided.
4. Water-oriented accessory structures and facilities may be located within shore impact zones if they meet
or exceed design standards contained in section 30-2022.
5. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring
areas and launching ramps, shall be centralized and located in areas suitable for them. Evaluation of suitability
shall include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or
other relevant factors. The number of watercraft allowed to be continuously beached, moored, or docked shall
not exceed one for each allowable dwelling unit or site in the first tier, notwithstanding existing mooring sites
in an existing harbor. Launching ramp facilities, including a small dock for loading and unloading equipment,
may be provided for use by occupants of dwelling units or sites located in other tiers.
c. Erosion control and stormwater management facilities for commercial planned unit developments shall:
1. Be designed, and their construction managed, to minimize the likelihood of serious erosion occurring
either during or after construction. This shall be accomplished by limiting the amount and length of time of
bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or
other appropriate techniques shall be used to minimize erosion impacts on surface water features. Erosion
control plans approved by the soil and water conservation district may be required if project size and site
physical characteristics warrant.
2. Be designed and constructed to effectively manage reasonably expected quantities and qualities of
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stormwater runoff. Impervious surface coverage within any tier shall not exceed 25 percent of the tier area,
except that 35 percent impervious sutface coverage may be allowed in the first tier of general development
lakes with an approved stormwater management plan and consistency with section 30-2023.
(Code 1982,9 904.14)
Sep.~ 10- ?,04 ':l--10... ?070 R ~~P:rv~ct
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E DIA L
ESTATE GROUP, LLC
LIBERTY HEIGHTS ESTATES
OF
ELK RIVER
ELK RIVER, MINNESOTA
ENVIRONMENTAL ASSESSMENT
WORKSHEET (EA W)
John Oliver &- Associates, Inee
580 Dodge Avenue · Elk River, MN 55330
763-441-2072. FAX 763-441-5665
Elk River · Burnsville · Brooklyn Center. Sf. Cloud
Cil'11 Engineering ., Land Sunfe.J7ng · Land Planning
Revised 2/99
ENVIRONMENTAL ASSESSMENT 'N OPJeSHEET
Note to preparers: This form is available at www.mnplan.state.mn.us. EA W Guidelines will be available in Spring
1999 at the web site. The Environmental Assessment Worksheet provides information about a project that may have the
potential for significant environmental effects. The EA W is prepared by the Responsible Governmental Unit or its agents
to detennine whether an Environmental Impact Statement should be prepared. The project proposer must supply any
reasonably accessible data for - but should not complete - the fmal worksheet. If a complete answer does not fit in the
space allotted, attach additional sheets as necessary. The complete question as well as the answer must be included if the
EA W is prepared electronically.
Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period follmving
notice of the EA W in the EQB Monitor. Comments should address the accuracy and completeness of
infonnation, potential impacts that warrant further investigation and the need for an EIS.
1. Project title Liberty Heights Estates of Elk River (Holzem Property)
2. Proposer Meridian Real Estate Group, LLC 3. RGU City of Elk River
Contact person Edward Dulak ill Contact person Rebecca Haug
Title Title Enlironmental Administrator
Address 12 South Sixth Street, Suite 514 Address 13065 Orono Parkway
City, state, ZIP Minneapolis, MN 55402 City, state, ZIP Elk River, MN 55330
Phone 612-343-0214 CeIl612-840-2505 Phone 763-635-1000
Fax 612-343-0215 Fax 763-635-1090
E-mail E-mailrhaug@ci.elk-river.D1D.us
4. Reason for EA W preparation (check one)
- EIS scooping L Mandatory EA W _ Citizen petition _ RGU discretion _ Proposer volunteered
If EA W or EIS is mandatory give EQB rule category subpart number 4410.4300, Subpart 19D,
Residential Development
5. Project location County Sherburne Cityrrownship City of Elk River
SE & NE 1/4 Section 25 Township 33 Range 26
Attach each of the follo~'ing to the EA "':
· County map showing the general location of the project; Exhibit A
o U.S. Geological Survey 7.5 minute, 1 :24,000 scale map indicating project boundaries (photocopy
acceptable); Exhibit B
· Site plan showing all significant project and natural features. Exhibit C
6. Description
a. Provide a project summary of 50 words or less to be published in the EQB Monitor,
The proposed project is a 444-unit (1/4 - 1/2 acre average lot size) single family residential
development, City Park and proposed school site on 260 acres in Sherburne County, City of Elk
River, Minnesota. The proposed development ,viII be served ,"'ith municipal "'later, sanitary and
storm sew'ers, street and utilities typical of an urban setting.
b. Give a complete description of the proposed project and related ne\\.' construction. Attach additional
sheets as necessary. Emphasize construction, operation methods and features that 'Nill cause physical
manipulation of the environment or \\1.11 produce \vastes. Include modifications to existing equipment or
industrial processes and significant demolition, removal or remodeling of existing structures. Indicate the
ti~ng and duration of construction activities.
The project is a proposed single family residential subdivision located on 260 acres consisting of 444
lots. The average lot size is greater than 11,000 square feet. The development will be served ",'ith
public streets and utilities. Construction will consist of site grading, sanitary sewer, watermain,
storm se,"'er, streets, natural gas, telephone, electrical, cable television services. Wetland filling ,,'ill
be required as part of this project. Total site grading "viII move 500,000 cubic yards of soil. The
existing land use is agricultural ,Yith rOt" crop production as the prime use. Topography is
characterized as rolling. The project vdll be conlpIeted in approximately three to five phases over a
period of ten years. The project '\-vill in~lude a site (30 acres) for a future school for the Elk River
School District and park land.
c. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need
for the project and identify its beneficiaries.
The purpose of the project is to create housing sites, park land and a school site for the growing
population in and around Elk River, Minnesota.
d. Are future stages of tms- development including development on any outIots planned or likely to
happen? X Yes No
If yes, briefly describe future stages, relationship to present project, timeline and plans for environmental
review.
Land area is being set aside for a middle school for Elk River School District #728. A future
development outlot is included in this document.
e. Is this project a subsequent stage ofan earlier project? Yes X No
If yes, briefly describe the past development, timeline and any past environmental review.
7. Project magnitude data
Total project acreage 262.4
Number of residential units: unattached 444 attached 0 maximum units per building N/A
Commercia~ industrial or institutional building area (gross floor space): total square feet N/A
Indicate areas of specific uses (in square feet):
Office 0 Manufacturing 0
Retail 0 Other industrial 0
Warehouse 0 Institutional 30 acre - school
(900 student)
Light industrial 0 Agricultural 0
Other commercial (specify) 0
Building height If over 2 stories, compare to heights of nearby buildings
8. Permits and approvals required. List all kno\vn local, state and federal pennits, approvals and
frnancial assistance for the project. Include modifications of any existing permits, governmental review of
plans and all direct and indirect forms of public financial assistance including bond guarantees, Tax
Increment Financing and infrastructure.
Unit of !!overnment TVDe of aDolication
l\fN Department of Health Water Extension Permit
MN Pollution Control Agency Sanitary Se,,'er Extension
MN Pollution Control Agency NPDES Permit
City of Elk River Subdiyision Approval
City of Elk River Building Permits
City of Elk River SewerAVater Connection Permit
Sherburne County High,,'ay Department Utility and County Road Access
City of Elk River "ietland Mitigation
City of Elk River Land Use
City of Elk River Zoning Change
~
Not yet applied
Not yet applied
Not yet applied
Not yet applied
Not yet applied
Not yet applied
Not yet applied
Not yet applied
Not yet applied
Not yet applied
9. Land use. Describe current and recent past land use and development on the site and on adjacent
lands. Discuss project compatibility \vith adjacent and nearby land uses. Indicate whether any potential
conflicts involve environmental matters. Identify any potential environmental hazards due to past site uses,
such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous liquid or gas
pipelines.
The proposed project site is currently in agricultural production with ro~' crops. To the east and
south lies land in agricultural production of ro,,: crops. To the west lies land being used as large
acreage rural residential home sites. To the north is agricultural production and pasture land for
cattle production.
A. Phase L Environnlental Site ~A.ssessment ""as conlpleted in July 2003 (AAppendix B). The foIIo,ving
envirofirnental conditions \vere observed:
Two existing UST and one former UST are/were present. No documentation exists as to
whether or not a release has occurred from these UST systems.
A manure holding/treatment pond exists on the property. The manure waste in this pond
\lr2S reportedly pumped out and land applied in 2000.
...~ former farm dump existed on the property. It )Y2S reportedly removed by the current
owner.
10. Cover types. Estimate the acreage of the site with each of the following cover types before and after
development:
Types 1-8 wetlands
Waoded/forest
Brush/Grassland
and Cropland
Before
44.5
22.0
188.2
After
45.5
10.5
0.0
La wnllandscaping
bnpervioussurfaces
Before
3.7
4.0
After
119.4
87.0
TOTAL
262.4
262.4
If Before and After totals are not equal, explain why:
11. Fish, wildlife and ecologicall)'~ sensitive resources
a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be
affected by the project. Describe any measures to be taken to minimize or avoid impacts.
The site is used bJT a typical variety of mammals and birds. Common species in the area include ring-
necked pheasant, white-taDed deer, gray squirrels, rabbits and small rodents. Upland plant
communities include row crops, grasses and woodland including oak, elm and cedar. The soil and
low rolling terrain provides habitat for burrowing animals. The primary land use will be converted
from agricultural to residential use. Loss of wildlife habitat caused by this project win be cropland
within the site. Construction will temporarily disrupt wildlife, 'yrith permanent impacts within the
interior of the project.
b. Are any state-listed (endangered, threatened or special concern) species, rare plant communities or
other sensitive ecological resources such as native prairie habitat, colonial waterbird nesting colonies or
regionally rare plant conununities on or near the site? -X-- Yes _ No
If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the
resources has been conducted and describe the results. If the DN~ Natural Heritage and Nongame Research
program has been contacted give the correspondence reference nwnber: Describe measures to minimize or
avoid adverse impacts.
The DNR Natural Heritage and Nongame Research Program contact number is ERDB 20060166.
Exhibit F and F-l.
Blandings Turtles have been reported from the vicinity of the project area, but not directly from the
project site as of September 5, 2005. Measures to minimize or avoid adverse impacts include
implementation of the Summary of Recommendations for Avoiding and Minimizing Impacts to
Blandings Turtle Populations as outlined in the Environmental Revie,,' Fact Sheet Series (Appendix
F-l).
12. Physical impacts on ",'ater resources. Will the project involve the physical or hydrologic alteration
- dredging, filling, stream diversion, outfall structure, diking, and impoundment - of any surface waters
such as a lake, pond, wetland, stream or drainage ditch? X Yes No
If yes, identify ,vater resource affected and give the DNR Protected Waters Inventory number(s) if the
water resources affected are on the P\VI: . Describe alternatives considered and proposed mitigation
measures to minimize impacts.
Storm"later runoff from the proposed development ,,,,ill be collected via the storm se",'er system and
discharged to stormwater treatment ponds. These ponds ,"'ill function as detention/sedimentation
basins. Stormll'ater ponds will outlet to wetlands in the south and central portion of the site. The
,,'etland(s) ,,"'ill be impacted as a result of increased 'Volume of water. The normal 'W'ater level is not
expected to change for those ,,,,etlands receiving discharge.
The project ,"'ill involve the physical and/or hydrologic alteration of wetland basin(s) as a result of
filling. These t\'etland basins are not on the DNR Protected \.Vaters list. These \vetlands occur in
drainage-\vays ,"yitIlin the farnlcd fields. The areas are very loyv in quality and extremely degraded
by farming operations. The proposed filling is to be done in conjunction with street construction and
development of lots. The total impact as proposed is 2.60 acres. Proposed mitigation is shown on-site
in the amount of 10.30 acres.
Alternatives considered include a no-build. Required mitigation will be via ne'tv \yetland creation in
an area adjacent to existing wetland basin(s), and restoration of a 37 acre \vetland. Restoration of
the wetland basin will be accomplished by plugging a ditch, excavation, water level control and
establishment of suitable wetland vegetation.
"Tetlands were delineated by a wetland consultant and are being reviewed. Additionally, a
Minnesota Routine Assessment MethodolOg)r ,vas completed for the project. The restored wetland
basin scored exceptional in the individual community rating ofMNRAM.
13. Water use. Will the project involve installation or abandonment of any water wells, connection to or
changes in any public water supply or appropriation of any ground or surface water (including dewatering)?
X Yes No
If yes, as applicable, give location and purpose of any new wells; public supply affected, changes to be
made, and water quantities to be used; the source, duration, quantity and purpose of any appropriations; and
unique well numbers and DNR appropriation permit numbers, if known. Identify any existing- and new
wells on the site map. If there are no wells known on site, explain methodology used to determine.
Existing wells are shown on Exhibit H. These were obtained through a search of the Minnesota
County Well Index. The municipal water supply system of the City of Elk River will be extended to
the project. There are known wells on the project site that serve the existing agricultural operations.
These wells are anticipated to be sealed in accordance with applicable laws, rules and ordinances
when their use is no longer required or permitted. There will be no new wells constructed on-site
other than temporary wells for dewatering proposes. Dewatering will be conducted under the
provisions as set forth in the permit for dewatering. Impacts to the water table are expected to be
temporary and levels are expected to return to normal within 14 - 20 days of termination of
dewatering. Dewatering will occur at shallow depths with respect to the anticipated depths of any
wells or adjoining properties and as such those wells are not expected to be impacted
14. Water-related land use management district. Does any part of the project involve a shoreland
zoning district, a delineated IOO-year flood plain, or a state or federally designated wild or scenic river land
use district? X Yes No
If yes, identify the district and discuss project compatibility \vith district land use restrictions.
A portion of the project falls within 1,000 feet of an unnamed Natural Environment Lake, DNR
protected waters identification number 71-238\V, managed under the Shoreland Management Plan.
The project has addressed zoning requirements and density issues associated \\'ith the DNR and the
City.
15. Water surface use. Will the project change the number or type of ,,'atercraft on any water body?
Yes X No
If yes, indicate the current and projected watercraft usage and discuss any potential overcro\vding or
conflicts \vith other uses.
16. Erosion and sedimentation. Give the acreage to be graded or excavated and the cubic yards of soil to
be moved:
acres 250 ; cubic yards 500,,000 (estimated) Describe any steep slopes or highly erodible soils and
identify them on the site map. Describe any erosion and sedimentation control measures to be used during
and after project construction.
Silt Fence: Silt fences will be used to protect those areas receiving runoff and are not to be disturbed
such as but not limited to adjoining parcels, wetlands, shorelands and top of pODding areas.
Inlet Protection: all storm sewer inlet structures shall be protected by specially designed apparatus,
silt fence, bales, biorolls, rock bags, etc.
Rock Construction Entrance: Entrances to the project site shall be protected with a clean rock to
reduce tracking of dirt onto road surfaces.
Temporary Seeding/Pernlanent Seeding/\\'ood Fiber Blanket: .411 disturbed non-paved areas shall
receive temporary seeding and mulching within 14 days of completion of rough grading. Steep slopes
such as but not limited to pond slop-es, swales, house pad walk-out areas shall receive wood fiber
blanket protection or suitable spray on mulch in lieu of traditional straw mulch. Once the site has
undergone final grading and all improvements are completed, permanent seeding will be done.
La,yns Vt'iH be established by individ uallot o,vners. \
Detention/Sedimentation Basins: The site grading provides for detention/sedimentation basins with
controlled discharge rates and provisions for water quality via skimmers and sediment storage.
The devices and installation will be in accordance ,,'ith Best Management Practices for Minnesota for
this project. The project l\'ill adopt the City of Elk River Storm Water Pollution Prevention Plan.
Modifications to that plan will be made for site specific conditions. Temporary and permanent storm
water sediment basins and ponds as describe in the MPCA/NPDES General Permit, Permit No. MN ~
RI00001 will be constructed and properlJT maintained so as not to cause nuisance conditions, erosion
in receiYing channels or on adjacent properties or inundation in wetlands causing significant adverse
impact to the wetlands. These temporary and permanent facilities will be located throughout the
project, receiving storm water discharges from piping systems prior to discharge to the receiving
waters. Post-development discharge rates from the ponding facilities will be less than or equal to tbe
pre-development discharge rates for the site. Infiltration options will be utilized on ponds to help
reduce the discharge volumes where possible.
The steep slope along the north edge of the large central wetland basin is to remain undisturbed
during construction of the infrastructure for this project.
17 . Water quality: surface water runoff
a. Compare the quantity and quality of site runoff before and after the project. Describe pennanent
controls to manage or treat runoff. Describe any stonnwater pollution prevention plans.
Quantity of site runoff before and after the project will increase due to conversion of land use from
agricultural to residential. The addition of roofs, driveways, and streets is the primary contributing
element to the increase in volume. Peak discharge rates are likely to increase. Stormwater detention
ponds will be constructed to mitigate quantity, quality and discharge rates.
Quality of site runoff before and after the project is expected to improve. Stormwater ponds will
provide for ,,'ater qualit), control through use of sediment storage and skimming of the discharge
flovr. In addition~ buffer strips w'ilI be added and seeded to adjoin the existing wetlands.
b. Identify routes and receiving water bodies for runoff from the site; include major dO\\-TIStream \vater
bodies as well as the immediate receiving \vaters. Estimate impact runoff on the quality of receiving waters.
Receiving "rater bodies for runoff from the site include wetland basins and ditch systems. The runoff
",'ill be controlled to existing peak discharge flOllr rate and subject to the provisions provided by the
water quality features in the stormll'ater detention basins.
Impacts to the receiving streams are expected to be fully mitigated ,,'ith these provisions.
18. Water quality: wastewaters
a. Describe sources, composition and quantities of all sanitary, municipal and industrial wastewater
produced or treated at the site.
Waste"rater is limited to domestic se,,"'age. Usage is estimated to be 100 gallons per capita per day for
the residential area. Usage is estimated at 20 gallons per student (900 students). The total estimated
usage is 140,000 gpd.
b. Describe \\'aste treatment methods or pollution prevention efforts and give estimates of composition after
treatment. Identify receiving \vaters, including major dO\\'Dstream \vater bodies, and estimate the discharge
impact on the quality of receiving waters. If the project involves on-site sewage systems, discuss the
suitability of site conditions for such systems.
The sanitary ,,'aste for the single family and proposed school will be normal domestic se,"'age, which
\\~ill be treated at the City's 1\1unicipal Plant.
c. If \vastes \"vill be discharged into a publicly- 0\\T1::0 treatr11ent facility, identify the facility! describe any
pretreatment provisions and discuss the facility's ability to handle the volume and composition of wastes,
identifying any improvements necessary,
\\'2ste,\Y2ter will be discharged into the City of E.!k River Sanitary SeYler Systenl. The lvasteYlater
,-\'iH be treated at the Elk River Wastewater Treatnlent Plant.
d. If the project requires disposal of liquid animal manure, describe disposal technique and location and
discuss capacity to handle the volume and composition of manure. Identify any improvements necessary.
Describe any required setbacks for land disposal systems.
The project does not require the disposal of liquid animal manure.
19. Geologic hazards and soil conditions
a. Approximate depth (in feet) to ground water: Surface minimum >15' average based on
available well records and the project's own subsurface soil boring program.
to bedrock: >Not Encountered at 15' - 20' Borings minimum > average Greater than 150'
per available well records
Describe any of the following geologic site hazards to ground water and also identify them on the site map:
sinkholes, shallow limestone formations or karst conditions. Describe measures to avoid or minimize
environmental problems due to any of these hazards.
None of the above mentioned site hazards are known to exist on the site. Exhibit H contains
information from the County weD log search.
b. Describe the soils on the site, giving NRCS (SCS) classifications, if known. Discuss soil granularity
and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils.
Discuss any mitigation measures to prevent such contamination.
Soil classifications per Soil Survey of Sherburne County, Minnesota USDA, NRCS.
Line No,
t
2
3
4
5
6
7
8
9
10
11
12
13
Man Unit
32B
32D
32E
125
346
454B
540
544
565
730A
1110
1254
1260B
Soil TVDe
Nebish Fine Sandy Loam
Nebish Fine Sandy Loam
Nebish Fine Sandy Loam
Beltrami Fine Sandy Loam
Talmoon Loam
Mahtomedia Loamy Course Sand
Seelyeville Muck
Cathro Muck
EckvoIl Loamy Fine Sand
Sanburn Fine Sandy Loam
Isan Sandy Loam
Rice Lake Fine Sandy Loam
Stone Lake - Nebish Complex
Drainage Description
E Excessively Drained (*) Some",'hat
MW Moderately "'ell Drained
P Poorly Drained (*) Some'\vhat
VP Very Poorly Drained
'" \" ell Drained
Slope lOA> )
2 ... 60/0
12 - 18% ,,!
18 -35% W
o ... 30/0
0-2%
1 - 60/0
0-10/0
0-1%
0-3%
o - 2010
0-20/0
0-3010
2 - 60/0
Drainae:e Descrintion
W
MW
P
E
VP
VP
M\\'
E*
p
P*
E
The soils w'ithin the proj ect site are generally within the 850/0 - 1000/0 passing the number 10 sieve,
thereby placing them in a category of fine grained soils, thereby inhibiting rapid percolation to
ground'\\'ater tables. The proposed land use is single family residential. The potential for
contamination from lyastes or chemicals spread or spilled onto the soils is -very much less than what
may haye existed ~~ith the current agricultural land use. Ponding sites ,viII likely have little or no
standing "tater for long periods, except during heavy rain events and sno\y melt. The potential for
contamination is very 10"",
20. Solid 'Yastes~ hazardous 'yastes~ storage tanks
a. Describe types, amounts and compositions of solid or hazardous wastes, including solid animal manure,
sludge and ash, produced during construction and operation. Identify method and location of disposal. For
projects generating municipal solid waste, indicate if there is a source separation plan; describe how the
project will be modified for recycling. If hazardous waste is generated, indicate if there is a hazardous
\vaste llumnuzation plan and routine hazardous \vaste reduction assessments.
Wastes generated from the residential areas will be limited to municipal solid waste. Waste
generation is estimated to be 2.5 pounds per capita per day. Waste collection is performed by several
licensed independent haulers who contract directly with the City of Elk River. The waste will be
hauled to authorized peA sites.
b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be
used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials will lead
to a regulated waste, discharge or emission, discuss any alternatives considered to minimize or eliminate
the waste, discharge or emission.
There are no know'n toxic or hazardous chemicals or materials within the project boundaries. After
construction onlJ' typical household hazardous materials can be expected from the project area.
c. Indicate the number, location, size and use of any above or below ground tanks to store petroleum
products or other materials, except water. Describe any emergency response containment plans.
Two underground and four above ground storage tanks existed on the property as reported in July
2003. The underground tanks are of unknown size. The above ground tanks are a 500 gallon
gasoline, 1,000 gallon diesel, 250 gallon propane and 20,000 gallon 280;0 liquid nitrogen. There are no
known emergency response, containment plans. All tanks will be removed with the project.
21. Traffic. Parking spaces added N/A. Existing spaces (if project involves expansion) N/A.
Estimated total average daily traffic ADT generated 4,230. Estimated maximum peak hour traffic
generated (if known) and time of occurrence 446 - PM Weekday Count (Table 1, Page 5, Appendix A)
Provide an estimate of the impact on traffic congestion on affected roads and describe any traffic
improvements necessary. If the project is within the Twin Cities metropolitan area, discuss its impact on
the regional transportation system. See Appendix A. Recommendations from the traffic study include
the following items:
County Road I2/County Road 13
- Traffic signal control, ,,'hich is needed, even if the proposed development is not built.
County Road 13/County Road 40
- All way stop control.
- Two approach lanes on each approach
County Road 13/count)' Road 31
- Two approach lanes on the northbound and ,,'estbound appr{)ach
County Road 12/County Road 40
- T,,'o approach lanes on the southbound approach
- Eastbound bypass lane
The distribution of traffic from the project will be dispersed primarily by County Road 13 (T,,'in
Lakes Road) to U.S. Highway 10 and 169. County Road 40 (Davis Street) will be reconstructed by
the County to provide a second north-south route for the community. "iking Boulevard will provide
an east-west connection.
22. \i ehicle-related air emissions. Estimate the effect of the project's traffic generation on air quality,
including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation
measures on air quality impacts. Note: If the project involves 500 or more parking spaces, consult
EA W Guidelines about whether a detailed air quality analysis is needed.
Air quality study is not being proposed at this time. This project is not expected to cause a
significant decrease to air quality.
Traffic congestion is not expected ,"yithin the project site. Some traffic congestion is expected at the
project entrance for very short periods of time during rush hour(s).
23, Stationary source air enlissions. Describe the type, sources, quai1utles and con1positions of any
emissions from stationary sources of air emissions such as boilers, exhaust stacks or fugitive dust sources.
Include any hazardous air pollutants (consult EA W Guidelines for a listing) and any greenhouse gases (such
as carbon dioxide, methane, nitrous oxide) and ozone-depleting chemicals (chIaro-fluorocarbons,
hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride). Also describe any proposed pollution
prevention techniques and proposed air pollution control devices. Describe the impacts on air quality.
The project does not include any stationary sources of air emissions.
24. Odors, noise and dust. Will the project generate odors, noise or dust during construction or during
operation? X Yes No
If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to
mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on
them. Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by
operations may be discussed at item 23 instead of here.)
Fugitive dust will occur during the grading of the site. The soils on the site are susceptible to wind
erosion. Dependent upon the wind and construction conditions, some nearby properties may be
affected temporarily. Noise commonly associated with heavy equipment will also occur. The impacts
have a nuisance value, but it will be intermittent and temporary.
25. Nearby resources. Are any of the following resources on or in proximity to the site?
Archaeological, historical or architectural resources? _ Yes X No
Prime or unique farmlands or land within an agricultural preserve? _ Yes X No
Designated parks, recreation areas or trails? X Yes No
Scenic views and vistas? Yes X No
Other unique resources? _ Yes X No
If yes, describe the resource and identify any project-related impacts on the resource. Describe any
measures to rnlnimi7e or avoid adverse impacts.
The Minnesota State Historic Preservation Office has been contacted (letter attached) and the
response indicates no archeological sites or historic structures were identified for the project site
area. (Exhibit G and G-l) Anoka County Parks maintains a park, East Twin Lake County Park, 1/2
mile east of the site on Viking Bouleyard. Adverse impacts are not expected.
26. Visual impacts. Will the project create adverse visual impacts during construction or operation? Such
as glare from intense lights, lights visible in \Vildemess areas and large visible plumes from cooling towers
or exhaust stacks? Yes X No
If yes, explain.
27. Compatibility ,,,ith plans and land use regulations. Is the project. subject to an adopted local
comprehensive plan, land use plan or regulation, or other applicable land use, ""ater, or resource
management plan of a local, regional, state or federal agency?
X Yes _ No. If yes, describe the plan, discuss its compatibility "vith the project and explain
how any conflicts will be resolved. Ifno, explain. Exhibits D and E
The City has an adopted local comprehensive plan, last revised August 2004. The project site is
currently zoned RIa Single Family Residential and is used as agricultural land in the production of
corn, soybeans and hay. The project site is presently guided for Rural Residential. The applicant
(Developer) is requesting a rezoning to provide for Urban Residential via a PUD. The City of Elk
River lvill need to expand the Urban Services District, ,Yhich currently ends at the project site's
w'esterly property line, in order to serve the proposed project site ,,,ith sanitary sew'er service.
The City of Elk River has a Comprehensive Transportation Plan, dated &~ugust 16, 2004. The
existing average daily traffic counts, based on 2003 counts as sho,,-n on 'f\.fNDOT's ,yebsite for cities
are as follo"~s:
\'iking Boulevard (CH 31)
T",'in Lakes Road (CH 13)
Cleveland Avenue (CH 40)
Davis Street (CH 40)
4,600
5~OO - 5,600
125
90
Exiting Facility Type: 2 lane undi'vided arterial. - all abutting roads.
Existing Level of Congestion: Levels of Service A-B; un-congested - all abutting roads.
Existing Functional Classification:
Viking Boulevard (CH 31)
T,yin Lakes Road (ell 13)
Cleveland Avenue (CH 40)
Davis Street (CH 40)
Minor Arterial
l\Iinor p-.rterial
1\linor Collector
Minor Collector
Forecasted average dail)' traffic for 2025 with existing plus committed road improvements area as
follows, based on the City of Elk River Comprehensive Transportation Plan:
'Tiking Boulevard (CH 31) 10,600
Twin Lakes Road (CH 13) 11,200
Cleveland Avenue (CH 40) 7,900 *
Da\is Street (CH 40) 7,900 *
*CH 40 is scheduled for reconstruction between CSAH 12 and CSAH 13 beginning in 2006. This
,'alue is from Sherburne County Highway Department estimates.
Recommended improvement actions in the short term (through 2010) from the City
Transportation Plan identify a segment of Twin Lakes Road and Viking Boulevard adjacent to
the project site for roadway expansion and turn lanes as may be determined in a corridor stud)'.
Additionally it is recommended a corridor be identified for a connection of CH 33 into Anoka
County Dear Viking Boulevard be identified. Medium term (2001 to 2018) actions include the
reconstruction of CH 40 and classify the segment as a minor arterial. Additionally, it is
recommended that a new CH 33 connection to Viking Boulevard be constructed. These
recommendations, when implemented, will likely improve the level of senice to A and B.
The Applicant will create access points and construct minor improvements as may be required and
in conformance with the City of Elk River Transportation Plan.
This project provides a logical extension of City infrastructure.
28. Impact on infrastructure and public services. Will new or expanded utilities, roads, other
infrastructure or public services be required to serve the project? X Yes No. If yes,
describe the ne,,: or additional infrastructure or services needed. (Note: any infrastructure that is a
connected action with respect to the project must be assessed in the EA W; see EA W Guidelines for details.)
The project will require typical extensions of public roadways and utilities to serve the development.
29. Cumulative impacts. Minnesota Rule part 4410.1700, subpart 7, item B requires that the RGU
consider the "cumulative potential effects of related or anticipated future projects" when determining the
need for an environmental impact statement. Identify any past, present or reasonably foreseeable future
projects that may interact \vith the project described in this EA W in such a \vay as to cause cumulative
impacts. Describe the nature of the cumulative impacts and summarize any other available information
relevant to determining whether there is potential for significant environmental effects due to cumulative
impacts (or discuss each cumulative impact under appropriate iteln(s) else11--'here on this fonn).
River Park (west of Liberty Heights Estates of Elk River) is in the beginning stage of deyelopment.
Trott Brook Farms (south of Riyer Park) is near the final phases of completion. Efforts are being
taken to coordinate planning '\Yith this development for extension of roads and utility services. Storm
,yater runoff '\-yill increase in 'Volume and not in rate of discharge. Recei'ving basins for storm '"tater
are affected by only this project. "7ater quality protection is provided in the Storm "Vater Pollution
Prevention Plan. Traffic volumes on the local and County road system serying this project and
adjacent projects will increase due to inadequate facilities as identified in the traffic study for this
project. Level of sen"ice at key intersections \"ill decline unless improvements are made. Air quality
may sho,",. small decreases at key intersections during rush hours due to traffic congestion.
30. Other potential environmental impacts. If the project may cause any adverse environmental impacts
not addressed by items 1 to 28, identify and discuss them here, along \vith any proposed mitigation.
There are no other potential impacts known at this time.
31. SUfnn12ry of issues. Do llO! cC/lnp!erc [his sccrion U- the EA Ii" is being done fCJr EIS scoping,. insiead,
address relevant issues in the draft Scoping Decision document} which must accompany the EA W. List any
impacts and issues identified above that may require further investigation before the project is begun.
Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and
issues, includin,g those that have been or 11m)' be ordered as permit conditions.
There are no additional potential environmental issues needing alternative or mitigative measures
not covered above.
RGU CERTIFICATION. The Environmental Quality Board will only accept SIGNED Environmental
Assessment Worksheets for public notice in the EQB Monitor.
I hereby certify that:
· The information contained in this document is accurate and complete to the best of my knowledge.
· The EA W describes the complete project; there are no other projects, stages or components other
than those described in this document, which are related to the project as connected actions or phased
actions, as defmed at Minnesota Rilles, parts 4410.0200, subparts 9b and 60, respectively.
· Copies of this EA Ware being sent to the entire EQB distribution list.
Signature ff~ D A~
Title ~~ 4.~x/ Date }'/Zt7/OL:.
City Consultant Review <} I ..
Signature 1. /~ ~
Title 1(\\;"\ r () ^;.J\R '^ ~ .;, \ A j v-..~. ^ ~1 ')t\'^ +VI
Date ~ J:Lo foro
Environmental Assessment "Torksheet was prepared by the staff of the Environmental Quality Board at
Minnesota Planning. For additional information, worksheets or for EA W Guidelines, contact:
Environmental Quality Board, 658 Cedar 81., St. Paul, MN 55155, 651-296-8253, or
\V\V'\\'. mnp I an. state. mIl. us
LIST OF EXHIBITS
A. Project Location Map - County System
B. Project Location Map - US Geological Survey, 7.5 minute
C. Site Plal1- Concept PlaIl prepared by Paramount Engineering & Design, Inc.
D. City of Elk River - Future Land Use Map
E. City of Elk River - Zoning Map
F. Minnesota Natural Heritage Information System Data Request Form
Fool. Response Letter From Minnesota Department of Natura! Resources
G. Minnesota Historical Society Request for Historical Information
G-I. Response Letter From Minnesota Historical Society Cultural Resources Database Search
H. County Well Log Search
LIST OF APPENDICIES
A. Traffic Study Prepared by Benshoof & Associates
B. Phase I Environmental Site Prepared by Liesch Associates
EXHIBIT A
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NOT TO SCALE
LIBERTY HEIGHTS ESTATES
LOCATION MAP
John Oliver & Associates, Inc.
Civil Engi.neln'ing, Land SUTV~t Lend Pkmning
580 Dodge Avenue
Elk River. Minnesota 55330
788-441-2072 (FAX) 763-441-5665
Section 25 Township 33, Range 26,
Sherburne County, Minnesota
Offices in Elk River, Burn..8Villet
Brooklyn Center k Sf. Cloud Alinn.esota
EXHIBIT B
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John Oliver & Associates, Inc.
CitrU Engi:nErerl.ng. Land S~. Lend Planning
580 Dodge Avenue
Elk RiVeT. Minne80ta 55330
768-441-2072 (FAX) 768-441-5665
Section 25 Township 33, Range 26,
OlficeB in Ell: Rwer, B'ttT"nSVill.e,
Brooklyn Center k Sf. Cloud Minnesota
Sherburne County, Minnesota
EXHIBIT C
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Legend
Future Land Use Category d str:al
_ Medium In.u ~ i...
,- Rural Residential ?ubIic!Serru-?u" I..
~ Urban Residential
High De n sit)' Residential
W~ Mixed Use
~f13~ Ocoldm:~IY Comme<cia
---- Open Waler . "002
Highway Business :::..~: Urnan Service Ares Sour.:!a') _
V/A Commercial Reserve .~ EI!< R;.,er ?arcel '2_02_02
L'ghllndustral .
Rural Residential
~?hasing Plan from Agriculture to ,
':Tj'{' :;~:1tu.-a1 Research
EXHIBIT E
i,----" --------
~~~~~~~~~~~ ~~~~:,~R~~ ft~~~~~~i~~~~i ~,~~~~
I I I [I II fI I ~I ~ ~ I! II!~ ~ I I!
[&] ~'"turaI Cooa:arvaton
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[ill Arite!':,":/l;- O',ooer
ZONING MAP
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EXHIBIT F
SUMMARY OF RECOMMENDATIONS
FOR AVOIDING AND MINIMIZING IMPACTS
TO BLANDING'S TURTLE POPULATIONS
(see Environnzental Review Fact S/leet Series forfuti recoml1zelldations)
· A flyer with an illustration of an adult Blanding's turtle should be given to all
contractors working in the area. Homeowners should also be informed of the
presence of Blanding's turtles in the area.
· Turtles which are in imminent danger should be moved, by hand, out of harms
way. Turtles which are not in imminent danger shoul~ be left undisturbed to
continue their travel among wetlands and/or nest sites.
· If a Blanding's turtle nests in your yard, do not disturb the nest, and do not al1oV\T
pets near the nest.
· Blanding's turtles do not make good pets. It is illegal to keep this threatened
species in captivity. .
· Silt fencing should be set up to keep turtles out of construction areas. It is critical
that silt fencing be removed after the area has been revegetated.
· Small, vegetated temporary wetlands should not be dredged, deepened, or filled.
· All wetlands should be protected from pollution; use of fertilizers and pesticides
should be avoided, and run-off from la\\<'Ils and streets should be controlled.
Erosion should be prevented to keep sediment from reaching \\Tetlands and lakes.
e Roads should be kept to minimum standards on V\Tidths and lanes.
@ Roads should be ditched, not curbed or belo\v grade. If curbs must be used, 4"
high curbs at a 3: 1 slope are preferred.
· Cul\'erts under roads crossing wetland areas, between V\Tetland areas, or behv'"een
\vetland and nesting areas should be at least 36 in. diameter and flat-bottomed or
elliptical.
· Culverts under roads crossing streams should be oversized (at least t\:\rice as wide
as the normal \vidth of open "later) and flat-bottomed or elliptical.
e Utilit)r access and maintenance roads should be kept to a minimum.
· Belo\\T-ground utility construction sites should be returned to original grade.
.. T'errain should be left \\rith as much natural COl1tour as possible.
e Graded areas should be re\.iefletated \~lith nati\Te Q:rasses and forbs.
v ~
CD \1 egetation management in infrequently n1o\'ved areas -- such as in ditches, along
utility~ access roads, and under po\ver lines -- should be done mechanicall}.!
(chemicals should not be used). \^lork should occur fall through spriIlg (after
October 1 st and before June 1 st).
COl11pjfed by the AfilIneso!a IJcpartlilCn! 0.( ;VazIlral Resourccs lv'a/ura! I-Jeritage and lVongame Research ProgrO/iz, /~ ugusr, 200!
Flin',i'nnnrCn!;7! /~,'tTi("i" ('ool',f!no{(")'. 500 l.o(TJ'!!( Rei , !it;..... :5, Sr /?i'u/ \!r\~ 55 55 6,:; / _'}r)(_ "'78(3
I..:.,.,..::.:..:.:.....:
:A1,.
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.".
)u.u.-
BLANDING'S TURTLES
MAY BE ENCOUNTERED
IN THIS AREA
The unique and rare Blanding's turtle has been found in this area. Blanding's turtles are a State
Threatened species and are protected under Minnesota Statute 84.095, Protection of Threatened and
Endangered Species. Please be careful of turtles on roads and in construction sites. For additional
information on turtles, or to report a Blanding's turtle sighting, contact the DNR Nongame Specialist
nearest you: Bemidji (218-755-2976); Brainerd (218-828-2228); New Ulm (507-359-6033); Rochester
(507-280-5070); or St. Paul (651-297-2277). .
DESCRIPTION: The Blanding's turtle is a medium to large turtle (5 to 10 inches) with a black or dark blue,
dome-shaped shell with muted yellow spots and bars. The bottom of the shell is hinged across the front third,
enabling the turtle to pull the front edge of the lower shell firmly against the top shell to provide additional
protection when threatened. The head, legs, and tail are dark brown or blue-gray with small dots of light brown
or yellow. A distinctive field mark is the bright yellovv chin and neck.
Illustration by Don Luce: from Turtles in ~1innesot2: Natural History Leaflet No.9, June 1989, James Ford Bell1vluseum of Natural Histo!)'
Minnesota DNR Natural Heritage and Nongame Research Program Environmental Review Fact Sheet Series. Blanding's Turtle. 4
REFERENCES cont.
Moriarty, 1. J., and M. Linck. 1994. Suggested guidelines for projects occurring in Blanding's turtle habitat.
Unpublished report to the Iv1ilmesota DNR. 8 pp.
Oldfield, B., and J. J. Moriarty. 1994. Amphibians and Reptiles Native to Minnesota. University of Minnesota
Press, Mi1U1eapolis, 237 pp. ,
Sajwaj, T. D., and 1. W. Lang. 2000. Thermal ecology of Blanding ( s turtle in central Minnesota. Chelonian
Conservation and Biology 3(4):626-636.
~ .: ..~-...,;'~....,
Compiled hy the /11/nnc.r:;ota DepartniEiit ofl.icruro! Resources j>'/atuj"o! Her/loge and /\"ongomc Research Program, September, 200j
Fndoficen'c;' ,7(('1'/(",1 (' ,':::()() ,7.(11 ( 'Pd, /?U't" :';, Sr ',f.,\' 5::':' ;,~ (:-5 / __~<:/,/;_-
~i
Minnesota DNR Natural Heritage and Nongame Research Program Environmental Review Fact Sheet Series. Blanding'S Turtle. 3
f
Culverts behveen \vetland areas, or benveen \vetIand areas
and nesting areas, should be 36 inches or greater in
diameter, and elliptical or flat-bottomed.
\\T etland crossings should be bridged, or include raised
roadways with culverts which are 36 in or ~eater in
diameter and flat-bottomed or elliptical (raIsed roadways
discourage turtles from leaving the wetland to bask on
roads) .
Culverts under roads crossing streams should be oversized
(at least hvice as \vide as the normal \vidth of open \vater)
and flat-bottomed or elliptical.
Utility access and maintenance roads should be kept to a
minimum (this reduces road-kill potential).
Belo\v-ground utility construction sites should be returned
to original grade (trenches can trap turtles).
ROpJ)S cont.
Road placement should avoid separating wetlands from
adjacent upland nesting. sites, or these roads should be
fenced to prevent turtles from atte~ting to cross them
(contact your DNR Nongame Specialist for details).
Road placement should avoid bisecting \vetlands, or these
roads should be fenced to prevent turtles from atterripting
to cross them (contact your DNR Nongame Specialist for
details). This 15 especially important for roads ,vith more
than 2 lanes.
Roads crossing streams should be bridged.
UTILiTIES
LANDSCAPING AND y"EGET.A.TION MANAGEMENT -
Terrain should be left with as much natural contour as
possible.
Graded areas should be revegetated vlith native grasses
and forbs (some non-natives form dense patches through
\vhich it is difficult for turtles to travel).
\7 egetation management in infrequently mo\ved areas __
such as in ditches~ along utility access roads~ and under
po\\rer lines - should be done mechanically (chemicals
should not be used). \"Vark should occur fall through
spring (after October 1 st and before Jlll1e 1 st ).
As much natural landscape as possible should be preserved
(installation of sod or wood chips, paving~ and planting of
trees within nesting habitat can make that habitat unusable
to nesting Blanding's turtles).
Open space should include some areas at higher elevations
for nesting. These areas should be retained in native
vegetation: and should be connected to \vetlands by a \vide
corridor of native vegetation.
Ditches and utility. access roads should not be mo\ved or
managed through'" use of chemicals. If vegetation
management is required, it should be done mechanically~
as infrequently as possible, and fall through spring
(mo\ving can kill turtles present during mo\\ring, and
makes it easier for predators to locate turtles crossing
roads).
Protecting Blanding's Turtle Nests: Most predation on turtle nests occurs within 48 hours after the eggs are laid.
After this time, the scent is gone from the nest and it is more difficult for predators to locate the nest. Nests more than
a week old probably do not need additional protection, unless they are in a particularly vulnerable spot, such as a yard
where pets may disturb the nest. Turtle nests can be protected from predators and other disturbance by covering them
with a piece of wire fencing (such as chicken wire), secured to the ground with stakes or rocks. The piece offencing
should measure at least 2 ft. x 2 ft., and should be of medium sized mesh (openings should be about 2 in. x 2 in.). It
is vel}' important that the fencing be removed before August 1 st so the young turtles can escape from the nest when
they hatch!
REFERENCES
iAssociatiol1 for Biodiversity Information. "Heritage Status: Global, National, and Subnational Conservation
Status Ranks." N atureServe. Version 1.3 (9 April 2001). htto://ww'N.natureserve.onr/ranking.htm (15
.A_pri 1 200 1).
Coffin, B., and L. Pfannmuller. 1988. fv1innesota's Endangered Flora and Fauna. University' of Minnesota
Press, Ivfinneapolis~ 473 pp.
l\Hnnesota DNR Natural Heritage and Nongame Research Program Environmental Review Fact Sheet Series. Blanding's Turtle. 2
RECOMMENDATIONS FOR AVOIDING AND MINIMIZING IMPACTS
These reconunendations apply to typical construction projects. and general land use \vithin Blanding's turtle habitat,
and ar.e provided to help local governments, developers, contractors, and homeo\vners minimize or avoid detrimental
impacts to Blanding's turtle populations. List 1 describes minimum measures \vhich \ve recorrnnend to prevent hann
to Blanding's turtles during construction or other \vork within Blanding's turt~e habitat. List 2 contains
recommendations ,vhich offer even greater protection for Blanding's turtles populations; this list should be used in
addition to the first list in areas which are MOwn to be of state-wide importance to Blanding's turtles (contact the
DNR's Natural Heritage and Nongame Research Program if you wish to determine if your project or home is in one
of these areas), or in any other area where greater protection for Blanding's turtles is desired.
List 1. Recommendations for all areas inhabited by
Blanding's turtles.
A flyer with an illustration of a Blanding's turtle should be
given to all contractors working in the area. Homeovmers
should also be informed of the presence of Blanding's
turtles in the area.
Turtles which are in imminent danger should be moved, by
hand, out of harms way. Turtles which are not in innninent
dariger should be left undisturbed.
If a Blanding's turtle nests in your yard, do not disturb the
nest.
Silt fencing should be set up to keep turtles out of
construction areas. It is critical that silt fencing be
removed after the area has been revegetated. -
List 2. Additional recommendations for areas known to
be of state-wide importance to Blanding's turtles.
GENERAL
Turtle crossing signs can be installed adjacent to road-
crossing areas used by Blanding's turtles to increase public
awareness and reduce road kills.
Workers in the area should be aware that Blanding's
turtles nest in June, generally after 4pm, and should be
advised to mlniml?':e disturbance if turtles are seen.
If you would like to provide more protection for a
Blanding's turtle nest on your property, see "Protecting
Blanding's Turtle Nests" on page 3 of this fact sheet.
Construction in potential nesting areas should be limited to
the period between September 15 and June 1 (this is the
time \vhen activity of adults and hatchlings in upland areas
is at a minimum).
vVETLA"NTIS
Small~ vegetated temporary \vetlands (Types 2 & 3) should
not be dredged, deepened, filled, or converted to storm
water retention basins (these \vetlands provide important
habitat during spring and summer).
\\' etlands should be protected from pollution; use of
fertilizers and pesticides should be avoided, and run-off
from la\vTIs and streets should be controlled. Eroslon
should be prevented to keep sediment from reaching
\vetlands and lakes.
Roads should be kept to rninirnun1 standards on \vidths and
lanes (this reduces road kills b:y slo\\'ing traffic. and
reducing the distance turtles need to cross).
Roads should be ditched. not curbed or belo\\'" grade. If
curbs must be used: 4 inch high curbs at a 3: 1 Slope are
preferred (Blanding~s turtles have great difficulty climbing
traditional curbs; curbs and belo\l,r grade roads trap turtles
on the road and can cause. road kills).
Shallo\v portions of \vetlands should not be disturbed
during prime basking time (mid morning to mid- afternoon
in 1\1ay and June). A \vide buffer should be left along the
shore to minimize human activity near \vetlands (basking
Blanding's turtles are more easily disturbed than other
turtle species).
Wetlands should be protected from road, la\vn, and other
chemical run-offby a vegetated buffer strip at least 50'
\vide. This area should be left umno\ved and in a natural
condition.
RO~~DS
TU1U1els should be considered in areas \vith concentrations
of turtle crossings (n1ore than 10 turtles per yeq.r per 100
Ineters of road)~ and in areas of lo\ver density if the level of
road use "vQuld n1ake a safe crossing impossible for turtles.
Contact your DNR Regional Nongame Specialist for
further information on \vildlife tuIll1els.
Roads should be ditched: not curbed or be.lo\\'. grade.
r--
L_
Environmental Review Fact Sheet Series
-... --. --.
.... --
]
Endangered, r!'bl'catencd, and. Special C'oncern Species ofl',Iinnesotu
Blanding's Turtle
(Emydoidea blalldingiz)
Minnesota Status: Threatened
Federal Status: none
State Rank1: 82
Global Rank1: G4
HABITAT USE
. Blanding's turtles need both wetland and upland habitats to complete their life cycle. The types of wetlands used
include ponds; marshes, shrub swamps, bogs, and ditches and streams with slow-moving water. In Minnesota,
Blanding's turtles are primarily marsh and pond inhabitants. Calm, shallow water bodies (Type 1-3 wetlands) Vrith
mud bottoms and abundant aquatic vegetation (cattails, water lilies, etc.) are preferred, and extensive marshes
bordering rivers provide excellent habitat. Small temporary wetlands (those that dry up in the late summer or fall) are
frequently used in spring and summer -- these fishless pools are amphibian and invertebrate breeding habitat, which
provides an important food source for Blanding's turtles. Also; the warmer water of these shallower areas probably
aids in the development of eggs "l-Vitlrin the female turtle. Nesting occurs in open (grassy or brushy) sandy uplands,
often some distance from water bodies. Frequently, nesting occurs in traditional nesting grounds on undeveloped
land. Blanding's turtles have also.been knmvn to nest successfully on residential property (especially in low density
housing situations), and to utilize disturbed areas such as fann fields, gardens, under power lines, and road shoulders
(especially of dirt roads). Although Blanding's turtles may travel through woodlots during their seasonal movements,
shady areas (including forests and lawns with shade trees) are not used for nesting. Wetlands with deeper water are
needed in times of drought, and during the "tinter. Blanding's turtles ovef\vinter in the muddy bottoms of deeper
marshes and ponds~ or other ~rater bodies ,,,here they are protected from freezing.
LIFE HISTOR1"
Individuals emerge from oven\'intering and begin basking in late March or early April on warm, sunny days. The
increase in body temperature which occurs during basking is necessary for egg development within the female turtle.
Nesting in Minnesota typically occurs during June, and females are most active in late afternoon and at dusk. Nesting
can occur as much as a mile from ,vetlands. The nest is dug by the female in an open sandy area and 6-15 eggs are
laid. The female turtle returns to the marsh ,\-ithin 24 hours of laying eggs. After a development period of
approximately two months, hatchlings leave the nest from mid-August through early-October. Nesting females and
hatchlings are often at risk of being killed ,'{hile crossing roads between wetlands and nesting areas. In addition to
movements associated "With nesting, all ages and both sexes move between wetlands from April through November.
These movements peak in June and July and again in September and October as turtles move to and from
overwintering sites. In late-autumn (typically November), Blanding's turtles bury themselves in the substrate (the
mud at the bottom) of deeper \vetlands to ovenvinter.
IIVIP.t\CT"S / THRE~~TS / C~~USES OF DECLINE
· loss of wetland habitat through drainage or flooding (conveliing wetlands into ponds or lakes)
o loss of upland habitat tw'ough development or c.onversion to agriculture
· human disturbance, including collection for the pet trade* and road kills during seasonal movements
e increase in predator populations (skunks, racoons, etc.) which prey on nests and young
*It is illegal to possess this threatened species.
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END=~ridangereq, TIiR=threatened, SPC:;:sp~ial Goncern; NON=nCi legal statiis, but tracked.. This field is blank for natural
communities and colonial waterbird nesting sites, which bave no legal status in Minnesota, but are tracked by the database.
-N-
NC Rank: [Natural Community R~nk]:
..0..
Occ #: [Occurrence Number]. Tbe occurrenCe number, in combination with the element name, uniquely identU~es each record.
OCCURRENCE NUMBER: See AOee #@'
if OF OCCUR~: . The 'number of records existen~ in the dataoase' for each. element \vithiil the. area se~dhed.
Ownership: Indicates whether the site is publicly or privately owned; for publicly O\med land, the agency with management
responsibility is li~te4,. .
.p-
Precision: Precision of locational information of occurrence: C (confirmed) = kno-wn within 1/4 mile radius, U (unconfirmecf) =
known ~ithin .1/2 Ipi.le, N (non-~pecific) = kTIO'Wil within 1 mile, G (general) =, or;:curs within the general region, X,
(unmappable)=Iocation is unmappable on USGS topographic quadrangles (often knoWn only to the nearest county), 0
(obscure/gone;=element ~o longer exists at the locaUon.
PS: [primary Section]. The section containing all or the greatest part of the occurrence.
-Q-
Ouad Man: See J...DNR Quad@
-R-
Rec #: ,[Record number):.
R-N'G ot RnQ:;.[Range nl11:IlberJ.
-8-
SECTION or Section: [Section number(s)]. Some records are given oIlly to the nearest section (s), but most are g~ven, to the
nearest quarter-s~tion or quarter-qUarter-section (e.g., S"WN\V32 denotes the 'SWI/4 of the NWi/4 o.f seGtion 32). A lIotl is .-
used as a place bolder when a hal~-section. is specified (~..g., ON03 refers to the nqrth 1/2 9f section 3.). Wpen a. bccurrenc"e . .f.
crosses seet:lOD boundaries,' both settions are listed, ,vithout punctuation (e,g., the NEl/4 'OT section 19 and NW1/4'of seCtion 20 .
is displayed as ANE19NW20"). . .' .;
Site: A name which refers to the geographic area withIn which the occiirtence lies. 1f no name for the area exists (a locally used
name, for example), one is .assigned by the Coupty Biological Survey or th~ Natural Heritage Program.
Source: The collector or observer of the rare .featt.tre occurrence. .
S RA.:!\TJ(: [State Rank]. A rank: assigned to the natural community type which reflects theknoVt-"I1 extent and condition of that
community in 1vIinnes6uL Ranks range IToml (in greatest need of conservatiOh action in the state) to 5 (secure under present.
conditions). ./-\ "?" folIo\ving a rank indicates little information is a\'ailable to rank the community. 'Communities fot which
information is especially scarce are given a "U", for PJank undeterrnined@. The ranks do not represent a legal status, They are '
used by the Minnesota DepalLlTIent of Natural Resolirces to set priorities for research, inventory and conservation planiung.
The state rank.s are updated as inventory information becomes available.
State Status: See ~ ST.A.TUS@
..T..
D\'P or TV':D: [To\vnship number].
.. ,.r ...
Verification: A reflection of the reliability of the information on v,ihich the record is based. the highest level of reliability is
"verified, It \vhich usually indicates a collection \vas made or, in the case of bird records, nesting Vlas observed. Plant records
based on collections made before 1 ~70 are unverified.
\' oucher: The museum or herbarium where specimens are maintained, and the accession number assigned by the repository.. IIi
the case of bald eagles, this is' the breeding area number.
.. \V ..
Vlildlife .tuea: The t\.1innesota DN"'R=s Division of ',\iildIife administratiVe number.
Data Security
Lx:ations of some rare features must be treated as sensitive irLformation because widespread Lnowiedge of LT-jese locations could result in na..;.-rrJ to the rare
features. For t;.:ample, \\'ildfio\vers such as orchids and economically valuabie plants such as ginseng are vuinerable to exploitation by collectors; other species,
such as bald eagles, ,are sensitive to disturbance by observers. For this reaSOD. \\ie prefer that publications not identify the precise lo.:ations or vulnerable species,
\Ve suggest describing tbe lo:ation only to Lhe nearest section. If this is not accept2bie for your purposes. pie2.se call and discuss this issue ..vith the
Envi.ronrnenta! Revie\v Specialist for L~e Natural Heritage and Nongame Research Program at 651/296-7863.
Revised 9/2002
Rare Features Database Print-outs: An. Explanation of Fields
The Rar~ Features database is part of the Naturallreritage Information System',
an~ is maintained by the Natural.Heritage and Nongame Research PtOgr'lli1.1,
. a unit \vithin th!=- Division of Ecological Services,
1\1innesot.a Dep~ent of Natur~ Res'oUrces <Pl\TR)..
**Please note .thtitthe pn'tit"-oilts ate' copyrighted and"1iiay not be reptodacedwithout pettnissiOii**
Field Name: [Full (non;.abreviated) field name, if different]. Further explanation of Deld.
-C-
CBS Site: [County Biological SUrvey site number)... In e&,ch county, the numbering system begins with L
CLASS: A code which classifies features by broaq taxonomic g:roup~ NC = natural community; SA = special animal; SP'=
. . special plant; GP = geologic process; GT = geologic time; OT = other (e.g. colonial waterbird colorries, ba.t hibernacuIil).
.Qy: [County}. Minnesota counties (ordered alphabetically) are numbered from 1 (Aitkin) to 87 (Yellow Medicine).
CURRENT STATUS: Present protection status, from 0 (owner is not aware of record) to 9 (dedicated as a Scientific lUld
N~tural Area).
..~- .
DNR Region: l=NW, 2=NE, 3=E Central, 4=SW, 5=SE, 6= Minneapolis/St. Paul Metro. .
DNR Ouad: (D1\T:R Quadrangle code). DNR-assigned code of the U.S. Geologic Survey topographic map on which the rare
feature occurs. .
- -E-
ELEMENT or Element: See Jl.Element Name (Common Name) @ . . .
Element Name (Common Name): The name ofthqare:feature, For plant an~ ani.malspecies recQrds, this field holds the. .
scientific name, followed by the common name in parentheses; for all oth.er elements (such as plant commlUlities, which hav!:; .
no scientific name) It is solelY-the element name" . . '.'
EO RANK: [EI~+nentOccun:ence Rank). An evaluation of the quality 4l:Qdcondition of natural corpmunities'from A (highest) '.
to D(1owest). . : ... .. .' '.. . .. .. .. . .' . ...
EO Size: [Element OCc1.i.rrence Size]. The size in acres (often estimated) of natural communities.
.."If .. . ,"
FED STATUS: [Federal Status}. Status of species under the Federal Endangered Species Law: LE=endangered,
[T=threatened, C=specieswhich havebeen proposed for federallistlng. .
Federal Status: See -sPED STi~.TUS@
Forestrv District: The 11in!1esota DN~=s Division of Fore~try district number.
..G..
GLOBAL R.>\..l\TK.: The abundance of an element globally, from Gl (critically imperiled due to extreme rarity on a world-wide
basis) to G5 (demonstrably secure, though perhaps rare in parts of its range). Global ranks are detennined by the Conservation
Science D.i vision of The Nature Conservancy.
-I-
INTENTIED STATUS: Desired protection status. See also ACURRENT ST A TUS.@ If a complete list of protection status
codes is needed; please co~tact the Natural Heritage Program.
-L- .
LAST OBSER'v'ED or Last Observed Date or Last Observation: Date of the most recent record of the element at the location.
Latitude: The location at which the occurrence is mapped on Natural Heritage Program maps. NOTE: There are various
levels of precision in the original information, but this is not reflected in the latitudetJ.ongitude data. For some of the data,
particularly historical records, it was not possible to determine exactly where the original observation \Vas made (e.g. "Fort
Snelling", or "the south shore of Lake Owasso "). Thus the latitude/longitude reflect the mapped location, and not necessarily
the observation location.
Legal: Tov.'nship~ range and section numbers.
Long: [Longitude]. See NOTE under }:Latitude@
.. 1v1.
MA~AGED AREA or Managed ..<\reais): Name or the federally, state, locally, or privately managed park, forest, preserve, etc.,
containing the occurrence, if any. If this field is blank, the element probably occurs on private land. If "(StATUTORY
BOUNDARY)" occurs after the name of a managed area, the location may be a private inholding within the statutory boundary
of a state forest or park.
lvfaD Svm: [1\1ap Symbol].
MN STATUS: [1vIinnesota Status]. Legal status of plant and animal species under the Minnesota endangered species law:
The Natural Heritage database is maintained by the Natural Heritage and Nongame Research
Program, a unit \vithin the Division of Ecological Services, Department of Natural Resources. It is
continually updated as ne\v infoDllation becoDles available, and is the most cOlnplete source of data on
Minnesota's rare or othenvise significant species, native plant communities, and other natural features. Its
I?urpose is to foster better understanding and protection of these features.
Because our information is not based on a comprehensive inventory, there may be rare or
otherwise significant natural features in the state that are not represented in the database. A connty-by-
county survey of rare natural features is no\\' un denvay , and has been completed for Sherburne County.
OUf information about native plant communities is, therefore, quite thorough for that county. However,
because survey work for rare plants and animals is less exhaustive, and because there has not been an on-
site survey of all areas of the county, ecologically significant features for which we have no records may
exist on the project area.
The enclosed results of the database search are provided in tv/o formats: index and full record. To
control the release of Ioeational information, which might result in the damage or destruction of a rare
element, both printout formats are copyrighted.
The index provides rare feature locations only to the nearest section, and may be reprinted,
unaltered, in an Environmental Assessment Worksheet, municipal natural resource plan, or report
compiled by your company for the project listed above. If you \vish to reproduce the index for any other
purpose, please contact me to request written permission. The full-record printout includes more
detailed locational information, and is for your personal use only. If you wish to reprint the full.
record printouts for any purpose, please contact me to request written permission.
Please be aware that review by the Natural Heritage and Nongame Research Program focuses only
on rare natural features. It does not constitute review or approval by the Department of Natural Resources
as a whole. If you require further information on the environmental revievl process for other natural
resource-related issues, you may contact your Regional Environmental Assessment Ecologist, Mike North~
at (218) 828-2433.
An invoice in the amount of $72.33 \vill be mailed to you under separate cover \vithin 1:\vo \veeks
of the date of this letter. Yau are being billed for map and database search and staff scientist revie\\'.
Thank you for consulting us on this mattec and for your interest in preserving 1\1innesota1s rare natural
resources.
Sincerely,
~aL
~~~~
Endangered Species Environmental Revievv' Coordinator
Sarah D. Hoffmann
encl: Database search results
Rare Feature Database Print-Outs: i\n Explanation of Fields
Fact sheets: Blanding's Turtles
n , ,..., ~_~J~d it f! W! r(~. 'r~~l
;1 !!I
Minnesota Department of Natural Resources :"',: ;SEP - 7 2005 I '_~.:!
Natural Heritage and Nongame Research Program, Box 25 i \
500 Lafayette Road 1-. -"'-X;:;;~'O;/i.'~(" --._1
St. Paul, Minnesota 55155-40_ ~_.8.:...:l"~!;'Y.lE\~ ,~IC
Phone: (651) 296-7863 Fax.: (651) 296-1811 E-mail: sarah.hoffmann@dnr.state.mn.us
September 5,2005
Mr. Ross Abel
John Oliver & Associates, Inc.
580 Dodge Avenue
Elk River, MN 55330
Re: Request for Natural Heritage information for vicinity of proposed Holzem Property Residential
Development, T33N R26W Section 25, Sherburne County
NHN"RP Contact #: ER,DB 20060166
Dear 11r. Abel,
The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or
animal species or other significant natural features are known to occur within an approximate one-mile
radius of the area indicated on the map enclosed with your information request. Based on this review, there
is 1 known occurrence of a rare species in the area searched (for details, see enclosed database printout and
explanation of selected fields). Following are specific comments for that element.
Blanding's Turtles (Emydoidea blandingii), a state-listed threatened species, have been reported
from the vicinity of the project area. The Blanding's Turtle records represent observations of
individuals from a population. We do not know the size or the full extent of that population.
Although we have no records from directly within the project area, it is possible that turtles exist
in the area if there is suitab Ie habitat on the site. Blanding's Turtles spend much oftheir time in
shallow wetlands (1-3 feet deep), bu t they n est in open, sandy uplands up to 1 mile from wetlands.
Nesting is in June and eggs hatch in September, at which time young turtles enter deep wetlands
where they over-winter in soft sediments. Factors believed to contribute to the decline of this
species include wetland drainage and degradation, development on upland nesting areas, and
possibly collection for the pet trade. In addition, because of the tendency for Blanding's Turtles to
travel long distances over land, they are often forced to cross roads in developed areas. Many of
the records we have of Blanding's Turtles are from turtles killed crossing roads.
For your information, I have attached a fact sheet and a flyer about the Blanding's Turtle. The fact
sheet is intended to provide you with background information regarding habitat use, life history,
and reasons for the species' decline, as well as recommendations for avoiding and minimizing
impacts to this rare turtle. As you will note, there are two lists of recommendations. The first list
contains recommendations to prevent harm to turtles during construction work, and is relative to
all areas inhabited by B landing's Turtles. Please refer to this first list of rec 0 llU11 en dati oilS for your
project. The second column expands on the first column, and contains greater protective measures
to be considered for areas known to be of state-wide importance to B landing's Turtles, or any area
where greater protection for turtles is desired. Your project area is not within one of these priority
areas. The flyer. which should be given to all contractors working in the area, contains an
illustrati on and description of the B landing's Turtle, as well as a su nmBJ}' of the recommendations
pro~v.ided in the fact sheet.
DNR InfofmCltinIl65J-29G-6157 · 1-888-646-6367 · TTY 651-296-548'" . 1-800-657-3929
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EXHIBIT F-1
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FEE SCHEDULE FOR. DATA REQUESTSl
tromthe
NA.TURAL HERITA.GE INFORMATION SYSTEM
DIVISION OF ECOLOGICAL SERVICES
tvIIl\T}\f~SOT}~ DEP~4.It.T!IEIr\"T OF N_4.T{JRfiL REgO {JRCES
June 14, 2002
Prifrated lIMa
A. For-ProlH EllCHHs (consultan~ attorneys., en~neen, deveJopen, etc..)2
.. lase FM: @)
taM.. StIrdII ~ Fee: Summarized in the following tab~,
F.es Fer lU8ase ilardi _ Prfmm ".. "e Rare Fe...! IaCBueB
-..air of PiI"
ItftMs &11 at -'er If Kltn IaN FmI.... II .. -.....t Ana
~HH Area
0:l9 11.21 21.10 , a ..... 41-50 51+
1.20 T$~ .. $26 J $9 .. $29 $11 .. $31 $14 .. $34 $17 .. $36 $19+
11-40 $2~ .. $44 $27.. $47 $30 .. $50 $32 .. $52 $35 .. $55 $37+
.,-to $43 .. $63 $46 .. $65 $48 .. $68 $51 .. $70 $53 .. $73 $56+
11-10 $61 .. $81 $~ .. $84 $66 .. $$6 $69 - $89 $72 .. $91 $7~+
...IM $79 .. $99 $82 .. $102 $85 .. $104 $87 .. $107 $90 .. $110 $92+
101+ $98+ $101+ $103+ $106+ $108+ $111+
......,r..... FIe: $6 for each Rare Feature requiring comment in the vicinity of the project (applicable to Environmental l\eview Request on~)
IItMHII IlrUces FilS: Rush orders (1 wefK tum-around)s $50
II. 1Itt-Ior.flrolH EltCiaes (governmental entities, non-profit organizatiOlls, utility cooperatives, dubs, citizens, etc.)l
FN nIrMI,., tnJMi ~~~ I.JiIp ~." H ~ JW""" SdNiI(A
~~k _!t~
A. For..flrofiC ElltHies (consultants, attorney!' engin~n, developen, etc.)2
I) Rare FtI'GIrts ~ (distributed under the rerms of a Limited license)'
last Ft. (to initiate a Limited ucense): $105*
"includes administrative fee of $80, plus $25 for I hour of staff time to query database and deliver data via ftp; fur other delivery media and complex
. queries requiring more than J hour of staff time see "Optional Services Fees."
Iut he (for amend[J);nn to an existing Umited License): $10
IIa ,,,... Fee: $0.03/ square mile
o,uollf kmces FN5:
Delivery via CD .. $10
Complex Queries . $25/hr for each hour or portion of an hour exceeding I (first hour is induded in hase fee)
Rush orden (2 week tunraround) .. $50
i) ~~'ir ~ (~ (no Ucense required).. SW*
'**Native Plant Community boundaries, Sires of Biodiversity Significance, and Rajlroad Rights-or-Way Prairiesi
II. 10Utr~ ElsUties (governmental entities, non-profit organizations, utility cooperative!, clubs, citizens, etcl
FH fflhH"" t}1JI1If!8l ~ l8/fII ~ -JIM ~ PI' tIM tINY, MIJ€~
!. This ~h~ule IS subject tn f?n~on reulting (rom changes in rile enS! of responding tD rt:-que:m. Charges for nOli-!ti:Ddard requem maio '{'ar}' from the 3.Checiule, ~ iliYoice 'liil! be prt'rioed with the rt5ulb of me d2t:a
rE-~uest Printe!! vernonl of ~al:11ra Heri~ Information Srtem (HHI~ data are CC9riglrte-d try' the ~+-ate of Hinnewt2. HHIS dat2 are con~ider~ s<<urlt}' data under Minn. Stat, s.ec. 13.37, !UtK. 1(3\ and are con~der:--d
or ccmmeraa Y'ahH~ under "inn. Stat.. see. 13.03, subd. 3(d).
2 Refer. to requeste- ri - data, ROt t1ltifTia'tE ltSer, e..g., conslIftant womng for a Joea' go'f'efiimel'it mil be chargerl.
3. Fees lilted are fOi data fran the P.are Featu~ dat:a~ on~. Printoun fTi),l1 other databaJe (e.g, ~te and Relel't dat!b~e$) are chargei an aidrtional $S-S50 p-er dat;:hasc xardi:-d.
4. Publi, Land Su IVe)" ~ a googrdphic grid i)'srnm di,;dtd into I mile square "'Section!....
5. iypiai tum-arouFid time h 3 weeks fur printed data.
6. fee lor 2-year license indudes initial de!i\'ery of dab ~nl I rr1* npdat! during the 2 year ~od (Ill be initiated by the requester~ AdditiOllal updales during the 2ier Ikens< perio<l all! charge<! $]5 ~Ul the Dab
Io!ume fee.
7. These data are a'r-ailable on CD (or SSOj or rre:: of charge at the Hinneota DNR -webIite - http://de!i.dnr.state.mn.u5f.
Instructions for the Minnesota Natural Heritage Information System
Data Request Form
Please read the follo\ving!
< Legible maps clearly showing the location ofthe project are required for processing all project
reVlev,.'s.
< We cannot begin processing information requests until we receive all parts of the request,
including a map and a completed, signed information request form. Please provide as detailed a
description of the project as possible, attaching separate pages to the form ifnecessary.
< Responses are returned to the party which appears in the "Who is requesting the information?"
section. This must also be the person who signs the form on the second page, acknowledging the
State of Minnesota' s copyright on all printouts generated in response to project reviews.
< On the form, note the first sentence under the subheading "FEES". As a courtesy, we provide
database searches to other governmental agencies and non-profit entities free of charge. For-
profit entities, including consultants working for governmental agencies, are charged a fee. Please
do not include payment with your request; an invoice \\'ill be sent to you.
< There is a 3 week turn-around time on environmental reviews. Rush jobs (2 week turn-around)
are charged an additional $50 (only applies to for-profit entities).
< For large projects (>30 sections) we request that the township/range/section information be
submitted on disk or via e-mail. Please submit the file in Word or ASCII, and in the following
format: Township#,Range#,Section#s separated by commas. There should be no ending
punctuation, no spaces, no letters, except an "En after appropriate ranges, and each Township /
Range combination should be typed on a separate line. For example, T62N Rl W Sections 1-3,
1 I, 12 and T62N RJE Sections 4-9, 17, 18 should be listed as:
62,1,1-3,11,12
62,3E,4-9, 17,18
If a GIS shapefile of the project area is available, please provide a copy.
< Gra)r wolf locations are not tracked in the Natural Heritage databases. Please contact the U.S.
Fish & Wildlife Service for information on this species.
< You may reproduce this form for your o\vn use or to distribute.
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WE HA VE THE HOMETOWN ADVANTAGE
201
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· Residential
· Commercia!
· Industrial
· Realtor-f\~LS
· Free Market Analysis
e Appraisals
i
I
I
WHITE DOVE REALTY, INC.
I
Elk River Office
(763)441-2248
403 r"Aain Street
Big Lake Office
.~~~~]~~~._~~. !
I
Eik Rivet.! !'/1I\j 55330
€
~
~..~ ,.~. .-' ~ ~~""". ~ ~.~
HOW WILL THE INFORMA nON BE USED? Describe the planned use of the infonnation, including
in what fonn and detail you wish to publish this information, if-any. F.'A W prepa rei t ion
TURN-AROUND TIME
Requests generally take 2 to 3 weeks from date of receipt to process, and are processed in the order received.
Rush requests are processed in 2 weeks or less.
FEES
For-profit organizations, including consultants working for governmental agencies, are charged a fee for this
senrice. In addition, a fee may be charged for large requests from any source. A surcharge (currently $50) is
applied for rush orders; if this is a rush order, please check the blank below. Fees subject to change. A fee
schedule is available upon request. Please do !!!!! include payment with your request; an invoice will be sent
to you.
Rush
"The information supplied above is complete and accurate. I understand that material supplied to me
from the Minnesota Natural Heritage Information System is copyrighted and that I am not permitted to
reproduce or publish any of this copyrighted material without prior written permission from the Minnesota
DNR. Further, if permission to publish is given, I understand that I must credit t e Minnesota Natural
Heritage and Nongame Research Program, Minneso~a ment of Natural esources as the source of
the material. IJ
Signature ~ p
Mail or email cOffioleted forms to:
For further infonnation call:
Endangered Species Environmental Review Coordinator (for project reviews)
Sarah .hoffmannrCi.!dnr.state .nln.US
or
Assistant Database Manager (for general requests)
S h afro n. n e Iso n (iiJdnr . state. m n. us
at
Natural Heritage and Nongame Research Program
Minnesota Department of Natural Resources
500 Lafayette Road, Box 25
St. PauI~ Minnesota 55155
(65 I) 296-7863 or 296-8279
(651) 296-8324
Or F..t\X completed forms to: (651) 296-1811
Additional infonnation about the Natural Heritage & Nongan1e Research Program is availabie at
http://\v\\''\v.dnr .state. m n. us! eco J 0 gj caJ serv i ces/nhn ro/ i nd ex. htm J
For Agency Use Only:
EO's requiring comment
Sources contacted Topic
Response
Response Summary
Revised l2/04
Responder
PleaSE do not staple
" :quest ODcuments
For Agency Use Only:
Received Due RUSH
Related ES#
Search Radius mi. ER/ All EOs
Quads
Map/d _ C / Noe Let _ Inv _ Log out_
MINNESOTA NATURAL HERITAGE INFORMATION SYS~EM DATA REQUEST FORM
DATE OF REQUEST Allrrllc:t ] 5 2005
oJ I
WHO IS REQUESTING THE INFORMA TION?
NameandYitle Ross b. Abel, PE
Agency/Company John Oli ver & Associa tes, Inc.
Address 580 Dodge Avenue Elk River
MN
(5 treet)
(City)
(S tate)
55330
(Zip Code)
Phone (7 6 3) 4 41- 2 0 7 0
FAX (763) 441-5665 e-mail rabel@er. jol i vpr<=l.c;!=;()("'
corn
TIllS INFORMATION IS BEING REQUESTED ON BEHALF OF (ifapplicable): Mer idian Real Es ta te Grou p. LLC
WHA T INFORMATION DO YOU NEED?
Printouts of known occurrences offederalIy and state listed plants and animals; native plant
communities; and aggregation sites such as bat hibernacula, colonial waterbird nesting sites, and
prairie chicken booming grounds.
X Infonnation listed above, plus geological features and state rare species with no legal status.
Other (specify):
Frequent applicants: Check here if you DO NOT need a copy of the field-by-field explanation of the printouts:_
WHERE IS THE AREA OF INTEREST? I) ENCLOSE A MAP showing detailed boundaries of the
project area (topographic or aerial photos are preferred). 2) If a GIS shapefiIe of the project area is
available, please provide a copy.
ForAgencyUse PRO\TIDE THE FOLLO\VING REQUIRED PROJECT INFOR1\1ATION
Only:
REGION
County Twnshp# Range# Section( s ) (and half-section. Quarter-section. etc.. if known)
She rbur ne :3 3 N 2 6 NO!l';r hp i'3 !=; t Q11 <=l rt- p r {1 n d QO'1 the 13. E t Quart :::.r
25
Project Name Hal zem Property
Project Proposer Meridian Real Estate Group I LLC
Detailed Project Description (attach additional sheets if necessary) Re side n t ia 1 Deve 1 opment
Past Land-Use of Project Site Farmland, ~qoods and ~vetlands
iO\.1ER.I
EXHIBIT G
~<>~=.7c.:.~~~~~~~~~~-!.~~~.....f;~~~~~~~.
i.>l
~,
John Oliver & Associates} Inc.
580 Dodge Avenue, Elk River, MN 55330
(763) 441-2072 · Fax (763) 441-5665
eriver@er.joliverassoc.com
Civii....Engineering
Land Surl,reying
T";land Planning
August 15,2005
Mr. Dennis Grimmestad
Government Programs & Compliance Officer
Minnesota Historical Society
345 Kellogg Boule'vard West
St. Paul, 1v1N" 55102-1906
Re: Request for historical information related to a portion of the Northeast Quarter and the Southeast
Quarter of Section 25, Township 33, Range 26, Elk River, Sherburne County, Minnesota
Dear Mr. Grimmestad:
I am in the process ofbeginning work on an Environmental Assessment Worksheet (EA W) for a residential
subdivision in Sherburne County. I understand that your office maintains a database of sites with historical
or archeological interest. Please check your files and let me know if any of these sites exist on or near our
project. I would also appreciate your opinion on the likelihood of any significant historical of archeological
sites in the area within the borders of our property. (See attached for boundary.)
If you hav'e any questions, please give me a cail.
Sincerely,
JOHN OLIVER & ASSOC ES, INC.
J9Z vA
Ross D. Abel, PE
Project 1-1anager
RD AIlm\T
Attachment
File: 8207.11-05
Ldltt-s'Jiclzem Prc.pe:1J'OS 1.505
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EXHIBIT G...l
Ross Abel
From:
Sent:
To:
Subject:
Elk River
Thursday, August 18t 2005 7:58 AM
Ross Abel
FW: A TTN: Ross D. Abel - Cultural Resources database search for Elk River, MN
8207.11-05
-----Original Message-----
From: Cinadr, Thomas [mailto:thomas.cinadr@rnnhs.org]
Sent: Wednesday, August 17, 2005 7:11 N1
To: Elk River
Subject: ATTN: Ross D. Abel - Cultural Resources database search for Elk River, ~~
8207.11-05
No archaeological sites or historic structures were identified in a search of the
Minnesota Archaeological Inventory and Historic Structures Inventory for the search area
requested.
The result of this database search provides a listing of recorded archaeological sites and
historic architectural properties that are included in the current SHPO databases. Because
the majority of archaeological sites in the state and many historic architectural
properties have not been recorded, important sites or structures may exist within the
search area and may be affected by development projects within that area. Additional
research, including field survey, may be necessary to adequately assess the arears
potential to contain historic properties.
With regard to Environmental Assessment Worksheets (K~W), a negative known site/structure
response from the SHPO databases is not necessarily appropriate information on which to
base a uNo" response to EAW Question 25a. It is the Responsible Governmental Unit's (RGU)
obligation to verify the accuracy of the information contained within the EAW. A "No"
response to Question 25a without written justification should be carefully considered.
If you require a comprehensive assessment of a project's potential to impact
archaeological sites or historic architectural properties, you may need to hire a
qualified archaeologist and/or historian. Please contact the SHPO by phone at 651-296-5462
or by email at mnshpo@mnhs.org for current lists of professional consultants in these
fields.
Tom Cinadr
Survey and Information Management Coordinator Minnesota State Historic Preservation Office
Mlnnesota Historical Society
345 Kellogg Blvd. West
St. Paul, MN 55102
651-205-4197 (voice)
651-282-2374 (fax)
1
EXHIBIT H
\A/ ell Log I~j 5t
Page 1 of 3
Highlighted records indicates a Field Verified Well Location
Click a Well Unique Number to generate a well log
~
Unique Sub Depth Elevation Depth C
Number Stratigraphy County Well Name Township Range Dir Section Sections (ft) Use (ft) Cased SWL Di
(ft)
122676 Yes Sherburne SCHULKE. 33 26 W 25 BDDDDB 100 Domestic 925 95 14
JERRY
125272 Yes Sherburne HOLZEN, PAT 33 26 W 25 DCDD8B 120 Domestic 946 106 18
::::;. 126514 Yes Sherburne HOLZEM, 33 26 W 25 OOSSCC 136 Irrigation 930 110 14
CHUCK
193482 Yes Sherburne MISKE. FRANK 33 26 W 25 CBA 114 Domestic 109 40
JR
413541 Yes Sherburne MISKE,FRANK 33 26 W 25 298 Irrigation 268 14
JR,
435806 Yes Sherburne DENNIS 33 26 W 25 CCO 170 Domestic 85 20
SPRINGER
441138 Yes Sherburne KENNEDY 33 26 W 25 CBCAAD 290 Domestic 947 255 35
449076 Yes Sherburne CREPEAU, 33 26 W 25 CBCBCO 288 Domestic 935 240 32
MIKE & PATIY
449134 Yes Sherburne GREEN, DAVE & 33 26 W 25 CBDCCC 259 Domestic 951 208 5{)
JUDY
451447 Yes Sherburne RUBIN 33 26 W 25 CBCBDA 310 Domestic 945 276 40
~ .458904 Yes Sherburne BAUER, 33 26 W 25 AAB 65 Domestic 56 22
SHARON
470603 Yes Sherburne BARTHEL 33 26 W 25 105 Domestic 100 40
CONST
473104 Yes Sherburne HANKS. vie 33 26 W 25 caG 109 Domestic 99 50
473125 Yes Sherburne BOCKWITZ. 33 26 W 25 CBD 100 Domestic 90 25
STEVE
Well List
http://mdh-agua.health.state.mn.us/cwi/cwiWellList.asp?township=33&range=26§i on... 1/17/2006
\VeIl Log List
Page 2 of 3
~
--'?'
474098 Yes Sherburne NEW 33 26 W 25 CBA 101 Domestic 96 25
CREATIONS
t
492623 Yes Sherburne THIRY. 33 26 W 25 CB 89 Domestic 84 23
MICHAEL
495784 Yes Sherburne HOOKER, TOM 33 26 W 25 cae 325 Domestic 275 30
&JAN
500656 Yes Sherbume HEMSA, JOHN & 33 26 W 25 CBACDD 288 Domestic 945 243 39
ILENE
502583 Yes Sherburne BREHER. JOHN 33 26 W 25 CSDSOD 91 Domestic 947 as 35
504420 Yes Sherburne SUTTON, 33 26 W 25 CA 90 Domestic " 85 30
JEFFREY
505697 Yes Sherburne DONALDSON, 33 26 W 25 eM 210 Domestic 163 25
SAM
506554 Yes Sherburne HIDDE, ART 33 26 W 25 CBCSac 290 Domestic "938 244 30
510878 Yes Sherburne STEIMERT. 33 26 W 25 CSD 207 Domestic 197 50
NEIL
522362 Yes Sherburne DAVE REGAL 33 26 W 25 CCB 164 Domestic 156 25
CONST
523225 Yes Sh~rbume MIDDELSTADT. 33 26 W 25 ASS 160 Domestic 155 20
RONALD
533528 Yes Sherburne NATHE, KEN & 33 26 W 25 CBA 300 Domestic 240 38
JULIE
540442 Yes Sherburne NEW 33 26 W 25 CBC 87 Domestic 82 30
INNOVATIONS
563864 Yes Sherburne OHMAN, VERN 33 26 W 25 BAD 86 Domestic 77 12
570067 Yes Sherburne NEW 33 26 W 25 CBC 91 Domestic 86 25
INOVATtoNS
587815 Yes Sherburne WESTPHAL 33 26 W 25 101 Domestic 92 18
MAHLON
http://mdh-agua.health.state.mn.us/cwi/c\~viWeIIList.asp?to\vnship=33&range=26§i on,.. 1/17/2006
APPENDIX A
TRAFFIC IMPACT STUDY FOR
LmERTY HEIGHTS ESTATES
RESIDENTIAL DEVELOPMENT
CITY OF ELK RIVER, MINNESOTA
Prepared for:
J obn Oliver & Associates, Inc.
Prepared b:r:
Benshoof & Associates, Inc.
February! 7, 2006
CONTENTS
~
LIST OF FIGURES AND TABLES
:II, ...t...... ......... .... ,., .......... ....... ..... ...., ................ .......
11
PlJRPQSE AND BACKGROUND
410............... ,................. . ...._..... ......11I'.. t.. .."" ......11II....... ............ .......11IIo....
EXIS T.IN" G CO ND m 0 N S .. . · . .. . · . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 4
PLANNED FUTURE ROADWAY CHANGES. . u ... . ..... n. ... .,.. ..... . . .. . ... .. .... . " .... . . . .. . 4
~IC FORECASTS .. · · · .. · · .. · · . . .. . . . . . . . . . . . . . . . . . . . . . . . ..... . . . . . . . . . . .. . . . . . . . . . . . . . . . . 5
TR-AFFIC ANAL YS ES .. . · .. .. . .. .. · . .. . . . . . . .. .. .. . . .. . . .. .. .. .. .. .. . . .. .. .. . .. .... .. . .. . . . . . . . . . .. . . .. .. .. .. . . .. . . .. .. . . . . . 9
CO N CLUS IONS .. · · · · · · · · · · · · . · . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . .. . .. . . . . . . . . . . . .. . . . . . . . . . . . . 12
RECOI\WENDA TrONS. · ... · · .. . . . .... . ... . . . . . .. .. ...: . .. . .. .. .. . ...... .. . . .. .. .. .. . .. . .. . .. . . . . . ... ... .. ... .. . 13
T raffle Study for
Liberty Heights Est2.tes
-i-
February 7~ 2006
LIST OF FIGURES
FIgure Page
1 PROJECT LOCATION ..... H, q......... . H .... .. P.... . H.......... . H..... 2
2 sm PLAN. · · · · · · · · · · · · , · · , · · . , · . · . . .. . . . . . . . . . . . '" . , . . . . . . . . . . . . . . . . . . . . , . . . . , . '. 3
3 TRIP D ISTRIB UTIO N PER CENT AGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 WEEKDAY AM PEAK HOUR VOLUMES...................."'........... 7
5 WEEKDAY PM PEAK HOUR VOLUMES. . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . ., 8
LIST OF TABLES
Th~ ~e
1 WEEKDA Y AM AND P.M. PEAK HOUR
TR..IP GENERA TI 0 N · · · · · · . · · . · · . · · · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Traffic Study for
Liberty Heights Estates
-ii-
February 7, 2006
PURPOSE AND BACKGROUND
This report presents the results of the traffic study for the proposed Liberty Heights
Estates residential development in Elk River, MN. The project site is located \vest of
County Road 13 and south of County Road 31 as shown in Figure 1. This traffic study
examined the impacts of the proposed development on the following intersections:
· County Road 12 (181st Ave.)/County Road 13 (Twin Lakes Road)
., County Road 13 (T\vin Lakes Road)/County Road 40 (Cleveland A ve./Davis
Street)
· County Road 13 (Twin Lakes Road)/County Road 31 (Viking Blvd.)
· County Road 12 (181 st A ve.)/County Road 40 (Cleveland A ve./Davis St.)
PROPOSED DEVEWP:MENT CHARACTERISTICS
The proposed project consists of 442 single family dwelling units. Access will be
provided on County Road 31 and on County Road 40. The current site plan is sho\vn in
Figure 2. The proposed development is currently expected to be complete and fully
occupied by 2013.
OTHER NEABY DEVELOPMENT
Residential
Information was obtained regarding additional residential development that \\ill occur on
the west side of County Road 404 According to the traffic impact study completed in
June~ 2004~ this development will consist of 366 single family dwelling units and 354
to\vnhome units. This development has been accounted for in the background volumes as
presented later in this report.
Schools
~Te have also learned that two new sc.hools \vill be built in the immediate area. A 750
student elementary school is currently under construction and vlill be open in the fall of
2007. This school is located on the \vest side of County Road 404 A middle school is
planned for the other side of County Road 40. Tills school is expected to accommodate
900 students and open in the fall of 2011. Both schools \vill have all access on County
Road 40. The schools have been accounted for in the background volumes as presented
later in fthis report.
Traffic Study for
Liberty Heights EstatesO
-1-
February 7, 2006
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JOHN OLIVER &
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TRAFFIC IMPACT STUDY
FOR
LIBERTY HEIGHTS
ESTATES
FIGURE 1
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PROJECT LOCATION
Liberty Heights Estates
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Liberty H ." h J
. '..~ _ .etg ~ ts Estates
EXISTING CONDITIONS
The proposed site presently is vacant land. The project site is bounded by County Road
31 on L.1.e north, County Road 13 and County Road 40 on the west, adjacent property on
the south, and the Sherbume/Anoka county line on the east. County Roads 31, 13, and 40
are presently two-lane, undivided, rural roadways at the project boundaries.
The subject intersections provide the follo\Vi.ng geometries and control:
e Count)' Road 121County Road 13 (all-way stop). One left turn lane, one through
lane, and one througbJright turn lane on the eastbound, westbound, and
southbound approaches and two left turn lanes. one through lane. and one
througbJright turn lane on the northbound approach.
· County Road 13/County Road 40 (stop control on. CR 40). This 'T' intersection
has one through lane and one right turn lane on the nor$.boundapproach (CR 13),
one left turn/through lane on the southbound approach (CR 13)~ and one left
turnlright turn lane on the westbound approach (CR 40). County Road 40 is
currently a gravel surface roadway.
· Counl)' Road 13/Count)' Road 31 (stop control onCR 31). This "T' intersection
-has one through/right turn lane on the northbound approach (CR 13), one left
turnlthrough lane on the southbound approach (CR 13), and one left tum/right
turn lane on the westbound approach (CR 31).
· County Road 121County Road 40 (stop control on CR 40). This HI''' intersection
has one through/right turn lane on the westbound approach (CR 12), one left
turnlthrough lane on the eastbound approach (CR 12), and one left tum/right turn
lane on the southbound approach (CR 40). County Road 40 is currently a gravel
surface road\'vay.
To better understand existing traffic conditions at the subject intersections1 traffic counts
were completed at all of the above subject intersections during the weekday a.m. and p.m.
peak hour on Tuesday, January 17,2006.
PLANNED FUTURE ROAD\V A Y CHANGES
As shown in the site plan, County Road 40 is expected to be realigned to create a right
angle "T' intersection at County Road 13. In conjunction with this realignment, County
Road \villlikely be asphalt paved. No other major roadway changes were initially
assumed for this study.
Traffic Study for
liberty Heights Estates
-4-
February 7} 2006
TRAFFIC FORECASTS
FOREC,ASTlNG SCENARIOS
The normal practice for traffic impact studies is to examine impacts of the proposed
development for the year after full completion of the development. To adequately
address the impacts of the proposed project, forecasts and analyses were completed for
the year 2014. The 2014 scenario addresses impacts of the proposed development and
includes other nearby development that will occur in the same time frame.
Specifically, weekday am. and p.m. peak hour traffic forecasts were completed for the
following scenarios:
· Existing (2006). Existing volumes were determined through traffic counts at the
subject intersections.
· 2014 No-Build. Existing volumes at the subject intersections were increased by
four percent per year to account for area-wide development. Trips generated by
the adjacent residential development (Riverpark) and the t\VO schools were also
added, resulting in 2014 no-build volumes.
· 2014 Build. V olumes due to the proposed residential development were added to
the 2014 no-build volumes to determine 2014 build volumes.
TRIP GENERATION
Weekday a.m. and p.m. peak hour trip generation for the proposed development \vere
estimated based on data presented in the Institute of Transportation Engineers' (ITE) Trip
Generation, Seventh Edition. The resultant trip generation is shown in Table 1.
Table 1
Tv ical \Veekda A.f\'I. and P.M. Peak Hour Tri Generation
Use Size Units V\'eekday A.M. Peak "'eekday P.M. Peak Daily
Hour Hour
In Out Out Total Total
Single Family homes 442 DU 83 249 165 446 4230
DU=dwelling unit
Trip Distribution Percentaf!es
Trip distribution percentages for the subject development trips were established based on the
nearby roadway network, existing and expected future traffic patterns~ and location of the
subject development in relation to m~ior attractions. The distribution percentages for trips
are shown in Figure 3.
Traffic Volumes
Development trips \vere assigned to the surrounding roadway net\v'ork using the preceding
trip distribution percentages. Traffic volumes \\'ere established for all tbe forecasting
scenarios described earlier during both the \veekday a.m. and p.m. peak hours. These peak
hour volumes are presented in Figures 4 and 5.
Traffic Study for -5- February 7, 2006
Liberty Heights Estates
. ex; BENSHOOF & ASSOCIATES, INC.
V TRANS PORiATIO N EN G I H EERS AHD PLANN ER S
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TRAFFIC IMPACT STUDY
FOR
LIBERTY HEIGHTS
ESTATES
FIGURE 3
TRIP DISTRIBUTION
Traffic Study for
Liberty Heights Estates
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February 7, 2006
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JOHN OLIVER &
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TRAFFIC IMPACT STUDY
FOR
LIBERTY HEIGHTS
ESTATES
FIGURE 4
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February 71 2006
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JOHN OLIVER &
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TRAFFIC IMPACT STUDY
FOR
LIBERn' HEIGHTS
ESTATES
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TRANSPORTATION EHGIHEERSAND PLANNERS
Traffic Study for
Liberty Heights Estates
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-8-
February 7, 2006
TRAFFIC ANALYSES.
Traffic analyses vvere completed for the subject intersections for all scenarios described
earlier during both the weekday a.m. and p.m. peak hours using Highway. Capacity
software. The existing lane geometries and intersection control were used for the all
initial analyses.
INTERSECTION LEVEL OF SERVICE (LOS)
LOS results range from A to F. LOS A represents the best intersection operation!> with
very little delay for each vehicle using the intersection. LOS F represents the worst
intersection operation with excessive delay.
County Road 121Countv R~ad 13
During the weekday a.m. peak hour using existing geometries and intersection control, all
movements operate at LOS B or better. Under the 2014 no-build scenario, the westbound
approach operates at LOS F while all other approaches operate at LOS D or better. The
westbound approach operates poorly because the volumes on that approach have
exceeded the capacity of an all-way stop intersection. Under the 2014 build scenario, all
aJWroaches operate at the same LOS as under the no-build scenario. The addition of the
proposed development does not change the LOS of any approach.
During the weekday p.m. peak hour using existing geometries and intersection control!,
all movements operate at LOS C or better. Under the 2014 no-build scenario, the
eastbound approach operates at LOS F, the westbound approach operates at LOS E, and
the northbound and southboundappfoaches operate at LOS C. The eastbound and
westbound approaches operate poorly because the volumes have exceeded the capacity of
an all-way stop intersection. Under the 2014 build scenario, all approaches operate at the
same LOS as under the no-build scenario. The addition of the proposed development
does not change the LOS of any approach.
The use of traffic signal control at this intersection \vill eliminate the poor levels of
service that occur with all-way stop control by 2014. With signal control, all movements
operate at LOS B or better during both the a.ill. and p.m~ peak hours.
County Road 13/County Road 40
During the weekday a.m. peak: hour using existing geometries and intersection control, all
movements operate at LOS A or better. Under the 2014 no-build scenario, the \vestbound
left turn operates at LOS F while all other movements operate at LOS A. Under the 2014
build scenario, all turn movements operate at the same LOS as under the no-build
scenario. The addition of the proposed development does not change the LOS of any
movement.
During the \veekday p.m. peak hour using existing geometries and intersection control,
all movements operate at LOS B or better. Under the 2014 no-build and build scenarios~
all movements operate at LOS D or better.
Traffic Study for
Liberty Heights Estates
-9-
February 7, 2006
At this intersection, the most difficult movement is the westbound left turn from County
Road 40 onto southbound County Road 13. This movement is difficult because the
westbound left turn must stop and yield to all traffic on County Road 13 before entering
u1e illtersection. This is especially true during the a.m. peak hour, when the combination
of exiting trips from the residential uses with the elementary and middle school trips
results in high entering and exiting volumes.
The use of all-way stop control at this intersection will eliminate the poor levels of
service that occur with existing control by 2014. With all-way stop control, all
approaches operate at WS C or better during both the a.In. and p.m. peak hours. The
addition of separate left turn and right turn lanes on the westbound approach of County
Road 40 will also help to improve the situation.
County Road 13/Countv Road 31
DurinE the weekday a.In. peak hour using existing geometries and intersection control, all
movements operate at LOS C or better. Under both the 2014 no-build and build
scenarios, the westbound left turn operates at WS D while all other movements operate
at LOS A.
During the weekday p.m. peak hour using existing geometries and intersection control,
all movements operate at LOS B or better. Under the 2014 no-build scenario, all
movements continue to qperate at LOS B or better. Under the 2014 build scenario, all
movements operate at LOS C or better.
At this intersection, the most difficult movement is the westbound left turn from County
Road 31 onto southbound County Road 13. This movement is difficult because the
westbound left turn must stop and yield to all traffic on County Road 13 before entering
the intersection. At this intersection, the westbound left turn operates at acceptable levels
of service through 2014. However, the addition of separate left turn and right turn lanes
on the \vestbound approach of County Road 31 will a11o\v the right turns the ability to
enter the roadway ~'ithout waiting for the left turns to clear.
County Road 12JCountv Road 40
During the \veekday a.m. peak hour using existing geometries and intersection control, all
movements operate at LOS B or better. Under the 2014 no-build scenario~ the
southbound left turn operates at LOS D while all other movements operate at LOS C or
better. Under the 2014 build scenario, the southbound left turn operates at LOS E \vhile
all other movements operate at LOS C or better.
During the weekday p.m. peak hour using existing geometries and intersection control,
all movements operate at LOS B or better. Under the 2014 no-build scenario~ the
southbound left turn operates at LOS E while all other movements operate at LOS B or
better. Under the 2014 build scenario, the southbound left turn operates at LOS F \\,~hile
all other movements operate at LOS B or better,
At this intersection, the most difficult movement is the southbound left turn from County
Road 40 onto \vestbound County Road 12. This movement is difficult because the
Traffic Study for
Uberty Heights Estates
-10-
February 7 l 2006
southbound left turn must stop and yield to all traffic on County Road 12 before entering
the intersection. As volumes increase on County Road 12, this movement becomes more
difficult. \\'hUe obviously not desirable, this situation is comnlon at stop controlled
intersections on higher volume roadways.
The addition of separate left turn and right turn lanes on the southbound approach of
County Road 40 will slightly improve the situation, but the southbound left turns will still
experience large delays during the peak hours~ The addition of separate turn lanes does
allow the right turns the ability to enter the roadway without waiting for the left turns to
clear. That is a distinct advantage at this intersection because the southbound right turns
are much higher than the southbound left turns.
Traffic Study for
Liberty Heights Estates
-11-
February 7) 2006
CONCLUSIONS
The conclusions drawn from the information and analyses presented in this report are as
follows:
It The proposed Liberty Heights Estates residential development ""VI generate a
total of 332 trips during the weekday a.m. peak hour and 446 tri~M during the
weekday p.m. peak hour.
@ A considerable amount of other development is expected to occur on adjacent
property. Other nearb~.de.1!e1opment in(:111des366,singlP fAmily,_dwen~units..-~..-.-
and 354 townbome units that will occur on the west side of CotintY.i-oild 40, a
750 student elementary school, arid a 900 stUdent rmoOle scfloo1.--nrls:-
development has been accounted for in the background volumes presented in this
report.
... ... . ......~ ~
CD At the County Road 12/County Road 13 intersection, the existing an-way stop
will not be able to adequately acconimOdate 11i'e-201~ no:[;tiitd<<Utlllti 'VOlumes.
Traffic signal control will be necessary to provide acceptable levels of service by
2014 even without the proposed development.
· At the County Road 121County Road 40 inter;ection, the soutii~und left turn wilt
become difficult as volumes increase on County Road 12. The addition of separatr
left turn and right turn-lanes.:o~the ;TO~-H~,d appm~ ~l=l =Of .c~n.l) ~y ~4:0.4W1
slightly improve the situationt but the southbound left turns will still experience
large delays during ~ peak hours. The addition of separate turn lanes does allow
the right turns the abili~~t~€<.nt~r the roadway without \vaiting for the left turns to
clear. . ,
e At the County Road 13/County Road 31 intersection, all movements operate at
acceptable levels of service through 2014. The addition of separate l~ft turn and
right turn lanes on the westbound approach of County Road 31 \\1,11 arrow the
right turns the ability to enter the road\\ray \vithout waiting for the lyft turns to
clear.
., At the County Road 13/County Road 40 intersection, the most difficult movement
is the \vestbound left-ot\lrn:.-.~~R~-'Lonto.~Col:l~oaG--<-~-~
13. This movement is difficult because the westbound left turn Ill\lst stop and
yield to all traffic on County Road 13 before entering the intersection. This is
especially true during~fue !Lill. p-eakl1our, wnel1~e ctJt.dblnatiuh~mtingtrips
from the residential uses \vith the elementary and middle school trips results in
high entering and exiting volumes.
The use of all-way stop control at this intersection \-vilI eliminate ~e poor levels
of service that occur with existing control by 2014. "lith al1-\vay stoP control, all
approaches operate atLUS C or better duringboth thea.ill. and.pTIi:~nours.
The addition of separate left turn and right turn lanes on the \vestbound approach
of County Road 40 \vill also help to improve the situation.
Traffic Study for
Liberty Heights Estates
-12-
February 7, 2006
RECOMI\fENDA nONS
\\T e recomInend the follo\ving in1prO\fenlents in order to accoIllinodate the forecasted
2014 volumes:
County Road 121Countv Road 13
· Traffic signal control, which is needed even if the proposed development is not
built
County Road 13/County Road 40
· All-way stop control
· T\\'o approach lanes o.n each approach
County Road 13/Countv Road 31
· Two approach lanes on the westbound approach
· Northbound right turn lane
County Road 121Countv Road 40
· Two approach lanes on the southbound approach
· Eastbound bypass lane
Traffic Study for
Liberty Heights Estates
-13-
February 7, 2006
APPENDIX B
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PHASE ONE
ElfVlRONMENT..4L SITE ASSESSMEIIT
BOLZEM P AReEL CONSISTING OF APPROXIMATELY 211 ACRES
ELK RlVERt MINNESOTA .
Prepared ,for:
DYNAMICS DESIGN AND LAND COMPANY, LLC
544 3RD STREET
ELK RIVER, MINNESOTA
Prepared by:
LIESCH AssOCIATES, L~C4
13400 15TH AVENUE NORTH
PL Y:M:OUTB, MINNESOTA 55441
763/489-3100
JULY 16, 2003
PROJECT NT]hfBER: 62(}{)257.00
This report was prepared by. me
or under Illj~ direct supelYision.
John Lichter, P,E.
En,ironmental Engineer
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Appendix A
Appendi'{ B
Appendix C
~.-\ppendi"\ D
,t~ppend:ix E
Appendix F
i\ppendix G
Altoppendix H
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T}-..BLE OF CONTENTS
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PAGE
lN1'RODUCTION ... ..................... ..........:..... .:................................. ........... ...... ...... .........1
SCOPE OF WORK.. ................ ........ ........... .......... ................................. ...... ...... ...... ...... ...1
PHYsr CAL SETTING .............. ..... ...;..... ................. ..................... .,........ ............ ......... ...2
3.1 ToPOGRAp.HY ..... ................. ........... ...............L...................... ............. ............ ...... 2
3.2 GEOL<::XJ."lH')'I) ROGBO LOGY .... t .. t.......... t ..." ~ ... "" ".....o. .l.. ...o... ... ... . ..... . . . . .. . .. .. .... ........o..... .. . . ............ ...... . ...2
I . ..
REGUL~A.TOR Y AGENCY RESPONSES, ....... ..,,~~.u:.. u... .....~.... u...u~......uu.............u.. .u2
4.1 EDR RESPONSE ...................... ........... ............~.................. ....... ..... ...... ...... ......... ...2
4.2 CI1Y OF ELK RIVER........ ..... .......... ...... ...... ...... ~.... ........ .... ...... .............. ... ... ...... ...... 6
4.3 SHERBURNE Co'UNiY R:BSPONSE ... ..... ................ ..... ...;........... ...:.~.~...: ..... ...... ...... ...6
4.0
510
6.0
.W ALK -OVER SURVEy............... ............ ..................... ......... .......... .... ......... ............ ....~. 6
mSTORICAL RESEARClI ..... ................. ... .................. ................ ............... ................10
6.1 CITY DIRECTORIES REVIEW............. ..................... ............... ....... ... ...... ................10
6.2 SANBORN FIRE INSURANCECOMP ANY MAPs l$EVlEW ......... Of ........ ......... . ............1 0
6.3 USGS TOPOGRAPHIC MAps REVIE"\V ...................................................................10
6.4 AERIAL PHOTOGRAPH REVIEW............................ ................................................10
6.5 WELL LoG SEARCH....... ..................... ................ .................. ...... .... ..... ......... .......1 J
CONCLUSIONS .WD REC01\1MENDATIONS ....u._uu.....u...u....uu.._.~....u..~~.u._nu_nu.~ 11
7..1 IT'E1't{s O.r E:l"lv~O~l"ITAL Nom ................................................4.......1..........................._......_.._......._..] 2
QUALIFICA lION .... ...... ......... ... ....... ......o .... ...... ................ ..... .... ........... .... ......... ,......, ........, t.., ,.., t ,..12
e
REFEREN CBS ........... ..... ..... ...... ..................... ............................ ......... ............... ...... ....13
APPENDICES
Figure 1 - Property Location 11ap
Figure 2 - Property Topography
Figme 3 - Property Features
EDR Regulatory Search
\Valk-Over Survey Form
Property Photo graphs
City Directory Abstract
Sanborn Fire fnsurance 11ap Company Response
Aerial Photographs
Author Qualifications
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1.0mTRODUcnON
Liesch Associates, LJ.c. (Liesch) "\Vas retained by D)nomics Design and Land Company, LLC to conduct
a Phase One Environmental Site Assessment (ESA) for the Ho1zem Parcel consistj;og of approxirn.ately
211 acres located in the City of Elk River, Sherburne County, Minnesota (the Property). The Property
comprises approximately 211 acres and is located in the E 1/2 section 25, TO'WIlship 33N, Range 26W.
Figure 1 in Appendix A illustrates the location of the Property. Figure 2 and 3 in Appendix A show
topography and features of the Property respectively. Two farmsteads or homes each coruristingof a
single residence, unattached garage and other outbuildings are located on the Property. The remainder
of the Property is currently in ~cultural use. The purpose of tills Phase One ESA is to qualifY
Dynamics Design and La!ld Company, LLC for the innocent landoWner defense to the Comprehensive
Environmental Response Compensation and Liability Act (eERCLA) liability.
The Property is bordered by the Ano.ka County Line and Bums Township on the east and County Road
31 on the north. On the west the Property is hounded by private property in low density residenila1 use,
County Roads 13 and 40 and 193rd. Avenue. On the south the Property is bounded by property. in
agricultural use. Surrounding property use is primarily agricultural or low density residential
2.0 SCOPE OF WORK
The following work items were completed for this Phase One ESA oftbe. Property:
· A visual 'Walk -over survey of the Property to identify ,readily apparent environmental concerns on or
adjacent to the Property;
o Contact with state, county, and municipal regulatory agencies to determine if any known
environ.mental concerns have been reported on or adjacent to the Property;
· A review of USGS quadrangle maps for locations qf pipelines and other fea.:tures which may
potentially impact the Property;
.. A historic.a.l review. of the Property utilizing available aerial photo graphs, city directories and
Sanborn Fire Insurance Company Maps; and
· Prepara~on and submittal ofa report summarizing the findings of Lieschl
The following sections discuss the results of the investigation fu"1d Sll!ll!112.rn:e the infonnation obtained
for this Phase One ESA This assessment does not include a comprehensive compliance analysis \vTtb
iocal~ state or federal environmental laws, rules or regulations.
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3~O PHYSIC_4..L SElTIi'TG
A site's .abiliiy to impact surrounding properties is largely dependent on the direction of groundwater
flow from the site~ To assess groundwater flow to the Property from. sites of environmental concern in
the are~ Liesch reviewed the Regional Hydrogeologic .Assessment, .A.noka S~d Plain (Atlas) published
by the 1vfinnesota Department of Natural Resqurces in 1993. The USGS 7.5 Elk River, W.dnnesota
topographic quadrangle map (1980) was also used to identifY topographic features such as hills, streams
and lakes whicb may influence site specific 'shallow groundwater flow direction..
3~1 TOPOOMPHY
The property is characterized by gently sloping topography. The elevation of the Property ranges from.
approximately 930,- 945 feet National Geodetic Vertical Datum (NO"VD).
3.2 GEOLOGY/BYDROGEOLOGY
The Atlas indicates that surficial deposits in the vicinity of the Property are lake sand, organic deposits
and till of mixed composition,
The Atlas indicates regional shallow groundwater flow to be in a southerly direction toward the
MissisSippi River. However" l~cal groundwater flow direction is often influenced by topography and
local drainage features such as ~es, streams and wetland areas 004 may VaIy :from the regional
groundwater. flow direction.. Depth to groundwater is expected to be 15-20 feet or less, approximately
920 feet NGVD.
4.0 REGUL..4TORY AGENCY RESPONSES
4.1 EDR RESPONSE
A computerized file search organization, Environmental Data Resources Sanborn, Inc. (EDR), was
requested by Liesch to conduct a database search to determine if there were any regulatory sites on Or
within the ~a.dius of the Property as listed below. The search meets the specific requirements of the
ASTM practice E 1527-00. The EDR response~ dated July 3, 2003~ is included as -~p~ndix B. Due to
the size of the Property, Liesch requested EDR to expand the ASTM database search distances by 1
mile.A Liesch also increased the search distance on ~ected databases bases on Liesch~s previous
experience V1ith the database information. .
The EDR response consisted of an examination of the following federal and state databases including
the U.S. Envrro!1:1:Oental Pr0te;tion Age:ncy (EP A), the 1-finnesota Pollution Control Agency (MPCA),
and the Minnesota Department of ,t\,griculture OvIDA):
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A) Databases searched to 2 miles:
e BFA-
. EP A-
, EP A -
. l\1PCA.-
. EP.~ -
, NTIS wt
. EP A..
. Jvf:PC.4..-
. :MPCA -
. EDR -
6 USGS..
Natio.n.al Priorities List (NPL);
Proposed National Priorities List (pNPL);
Corrective Action Report (CORRACTS);
Sup:rlund Permanent List ofPrioriIies (SHWS/PLP);
Superfund ceEReLA) Consent Decrees (CONSE1\TT);
Record of Decision (ROD);
Delisted NPL sites;
_~tive ISD Facilities (MN ffiVS Permits);
Sites deleted from the State Superfurrl Permanent List of Priorities (11N" Deleted
SH\VS.);
Former manufactured gas (Coal Gas)-sites;
Department of'Defense Sites (D,GD);
. EPA...
B) Databases SOOtChed to .1-1/2 miles:
. EPA-
0" BPA-
e !\{peA -
.. 1v1PCA -
. 11P~~ ·
" N1PCA -
., MJ>CA...
. MPCA ..
Comprehensive Environmental Response, Compensation and Liability
Information System (CERCLIS);
Resource Conservation and Recovery lnformation System (RCRIS) permitted.
Treatment, Storage, Disposal (TSD);
Federal Superfund Liens (NFL'Liens); .
Solid Waste Landfills, Incinerators, Transfer Stations (S"W'FILF);
Leaking Underground Storage Tanks (LUSTs);
Closed Landfills Priority List (MN" LCP);
List of Sites (11NLS);
Vohmtary Investigation and Cleanup Program (VIe);
Site Remediation Section Database (Inst Control);
C) Databases searched to 1-1/4 miles:
e EP A-NTIS - Cerclis sites designated 'No Further Remedial Action Plannedrt (CERC-
NFRAP) ;
Q EP..4. - Indian o\llIled UST sites (Indlan US!);
. EP A - RCRlS registered small-quantity generators of hazardous '\vaste (SQG);
· EP A - RCRIS registered large-quantity generators of hazardous waste ,LQG);
" JvfDA - L'1cidents involving agricultural chemicals (MN AG SPILLS);
e 1vfPC..6..... Undorgroillld Storage Tanks (USTs);
e Dept. ofLa..hor -lv1ines;
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D) Databases searched to ]...1/8 miles:
/I EP A · Emergency Response Notification System of Spills (ERNS);
9 1YIPCA - Spills log (Minof Spills);
E) Databases searched to 1 mile:
· EP A - Facility Index System (FINDS);
· USDOT. Hazardous Materials Information Reporting System (HMIRS);
· Nuclear Regulatory Commission - Material Licensing Tracking System (ML TS);
· EPA - PCB Activity Database System (PADS);
· EP A - RCRA Administrative Action Tracking System (RAA TS);
· BPA- Toxic Chemical Release Inventory System (TRIS);
· EPA - Toxic Substances Control Act (TSCA);
· EPi~.- FIFRAJ TSCA Tracking System (FTTS);
· MPCA - Registered Aboveground Storage Tanks (AST);
· MPCA - Generators Associated with Enforcement Logs (Minn. Enforcement); and
.. 1v1DA - Bulk Facilities Database (BULK).
The EDR response indicates the Property was not identified in any of the searched databases. EDR
identified the fono~ sites within the ASTM search radius of the various databases~
'RCR1~
The Resourre Conservation and Recovery Act database includes selected infurmation on sites that
generate; store, treat or dispose of hazardous \\'aSte as defined by the ...~ct. A revicv,' of the RCRIS list
dated May 9, 2003 has identified one (1) RCRIS-SQG sites Vlithin approximately 1-2 miles of the
Property. 1his site is not located near the boundary of the Property and none no violations were noted.
The hazardous waste lists are used by the regulating agencies to aid in tracking the generation, transpDrt
end disposal.of haia..rdous wastes. Inclusion on these lists does :not imply the facility has environmental
problems or that a release has occurred. The Mzaxdous waste generation at this site is not ai1.ticipated to
represent a recognized emironmental condition for the Pro,PCrty,
IlSI
The Underground Storage Tank database contains registered USTs. USTs are regulated under Subtitle
I of the Resource Conscryation and Recovery Act (ReRA). The data come from the Minnesota
Pollution Control's Underground Storage Tank File. A review of the UST list, as provided by EDR,
and dated April 29, 2003 h:ts revealed that there is 1 UST site 'i'rithin approximately 1.25 miles of the
Property.
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· Burquest Myron 0, 10353 T"lin Lakes Rd located ~ mile west of the Property. UST sites in a
non-leF--.tdng ~\.Zite, in compliance \ltith ~ regulations are not considc~d to represent a
recognized envfro~nta1 conditio,n for the Property.
t:(Nn~
The Facility Index System contains both facility information and iipointers" to other sources of
.infol.'n1ation that contain more detail These include: RCRIS; Permit Compliance System (peS);
, Aerometric Informatio,n Retrieval System (AIRS); FATES (FIFRA [Federal Insecticide Fungic~de
Rodenticide Act] and TSCA Enforcement System, F1TS [FIFRAITSCA Tracking System]; CERCUS;
DO'CKET (Enforcement Docket used to manage and track irrfommtion on civil judicial enforcement
cases for all environmental statutesO; Fedoral Underground Injection Control (FURS); Federal
Reporting Data System (FROS); S1.1rfi1.ce ImpoundmeIltS (SIA); TSCA Chemicals. in Commerce
Information System (CICS); PADS; RCRA-J (medical Waste transporters/disposers); TRIS; and TSCA.
The source of this database is the U.S. EPAlNTIS. A review of the. FINDS list, as provided byEDR,
and dated March 19, 2003 has revealed that there are two (2) FINDS sites within approximatoly 1 mile
of the Property.
A FINDS listing by itself is not considered to represent a recognized environmental condition for the
Pro.perty .
EIIS
, .
FTTS tracks adm.ini.strativ cases and pesticide enforcement actions and compliance activities related to
FIFRA, TSCA~ and EPCRA. (Emergency Planning and Community Right-to-Kno\v Act) over the
previous five years. To maintain currency, EDR contacts the Agency on a quarterly basis. A review of
the FITS fu~, as provided by EDR and dated. April 15! 2003 has revealed that there is 1 FTTS site
\\-itbin approximately 1 mile of the Property.
,. St Johns Lutheran SchooL 9243 Viking Blvd NW located 1 mile northeast of the Property.. No
violations are noted, therefore this site is not considered to represent a recogni7..ed
envirotlt""nental condition for the Property.
ASI
The Aboveground Storage Tank~ data.base contains registered ASTs. The data came from the
11innesota Pollution Control's Aboveground Storage Tank File~ A review of the AST list, as provided
by EDR and dated April 29, 2003 has revealed that there is 1 AST site within approximately ~ mile of
the target Property.
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· Burquest Myron 0, 10353 T\vll1 Lakes Rd located ~ mile west oftbe Proprety. Tnis registered
AST site indicates.-a 2000 gallon gasoline tank is present No violations of releases are noted
EDR. An AST is wmpliance with current regulations is not considered to represent a
reco~d environinental condition for the Property.
1\ANO ~-e.T{ r ~
This is the Mirmesota Pollution Complaint Agency's Spi& Log. A review of the .MN SPILLS list, as
prOvided by EDR, and dated 1\1ay 18, 2003 has reveal~d that there is one (1) lvW SPILLS site 'Within
. appro~ely 3/4 miles of the Pr<?perty.
· Unknown, 18519 Oeveland 8t NW. This site is located south of the Property, down gradient and
is not considered to represent a recognized environmental condition for the Property. According to
EDR, a leaking abandoned drum was the cause of the r~le.ase.
rrRP"H' ANo~TTER
EDR noted twenty-one (2l) sites on an Orphan Site listing that were not plotted due to poor or
inadequate address infurmation. These are listed on page 9 of Appendix B. Liesch reviewed the partial
address iDfonnation provided by EDR for these sites and determined that none of these sites appear to
be adj~nt to the Property. None of them are believed to represent a recognized environmental
condition fur the Property.
4~ CITYOFELK~R
On July 14, 2003, Liesch contacted 1ft. Stev€n Rolhf: Building and Zoning A~Jstrator~ for Elk
River. Mr. Rolhf stated that he is not a\Xlare of en.v.iromr:tental concerns on the Property. He was aware
of an illegal meth lab operated in a home along County Rd 31 which was located west of the Property.
He was unaware of any contamination on the Property from that operatiotL
. 4..3 SHERBURNE COUNrY REsPoNSE
L1esch contacted Mr. Paul Johnson, Sherburne County Zoning Department, on July 14, 2003. ~:
Johnson replied in correspondence dated July 15, 2003 that the County has no records pertaining to the
Property.
5.0 \V ALK-QVER SUR\'"EY
A waTI<-over survey of the Property Vr'aS wnducted by Liesch representative Mark Johnson on July 8,
2003. The purpose of the wa1k-over survey ",;as to identifY any n::adily apparent indications of poten.t:iill
environmental concern on or immediately adjac-ent to the Property, Mr. Johnson was accompanied by
the current O""'''DeI of the Property, Pat Holzem. Illi~nnatioD provided by Mr. Holzem appears
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throughout this section of the ESA. Appendix C contains a copy of the oompleted walk-over survey
fonn used fur the project )~J~ndh D contains selected pbotographs ta'ken during ihe \va1k~oYer
survey.
O~~l'Not~~
The Property 15 an irregularly shaped approximate 211 acre parcel generally in agricultural use and
occupIed by two building sites consisting of homes, garages and outbuildings. The original furrostead
was constructed around 1910. A large portion of the Property has been owned by the Ho1zem family
for several decades. The majority of the Property is cornprned of cropland vvith a peat bog located on
the northern portion. of the Property. Topographically the Property is essentially sloping with surface
water drainage being via infiltration into the ground, or along road ditches, The houses on the Property
are located in two separate locations and are shoVr'll on Figure 2, Appendix A. Access to the interior
of the houses, garages and outbuildings \VaS not available to Liesch at the time 'of the walk-over.
Property boundaries were not staked at the time of the walk-over survey which was conducted utilizing
Plansheets provided by Dynamics Design and Land Company, LLC (see Figure 2 inAppendix A).
The two farmsteadslhomes are addressed as follows:
1) 19049 Da.vis Street NW5 Patrick J. Holzem (farmstead)
2) 18929 pavis Street NW, Charles Holzem (home and garage)
The Property is bordered by the Anoka County Line and Bums Township on the east and CoUIlt?' Road
31 on the north. On the west the Property is bounded by private property in low density residential use,
County Roads 13 and 40 and 193M Avenue. On the south the Property is bounded by propttty in
agricultural use. Surrounding property use is primarily agricultural or low density residential.
The follovring items of environmental Dote were observed:
Rtr~seri V eget~tjon/~1f ,~lJhs1riP;T10~/~t~TnA-ri Rn if
'Tall grasses were present on a large-percentage of the Property preventing direct observation of ground
surfaces.. Soil staining was noted near the shop and equipment shed at the Patrick J. Holzem farmstead.
In addition off-spec potatoes from Old Dutch are land applied on a ~rtion of the Property. Stressed
vegetation was noted in this area.
01rl 'P'nllndatlntl~;l1~rlAt~~nm Area~ll)f:briq P~Rffil~mrine
Liesch did not observe evidence of old foundations or filled areas. A former dump ~ reported on the
Propertyl The dump \\'as in an area wlLich was mined for gravoL The dump ,"vas reportedly, removed
and the area is now, occupied by a pond.. A small area in a pasture has been used to burn wood debris
and for bonfires. One .500 gallon gasoline UST VYllS reportedly removed near the grain bins on the
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farmstead in the early 1990's. No contamIDation was reportedly evident at the time ofrernova} but.oo
tank closure documenmtion is availablet
Two USTs are abandoned in fie~ on the Property. These USTs are reportedJy empty.
T JMn~(HmO R'T1n A 'hn"'17(1'~lnc1 Rt~~ TRf1k~ (T TSTq A"ti ASr~
Two fuel oil USTs were reported and observed for the Property. Evidence of them, :fill and ve~ pipes,
were observed, Four (4) MTs were observed on the Property at the farmstead. The ASTs consist of a
500 gallon gasoline tank, a 1,000 gallon diesel.AST, a 250 gallon propane tank (all active) and a 20,000.
gallOD, 28% liquid nitxogen tank which is now inactive.
~eptjr. Sy~t~mIW~l1$
Wells and septic tanks were vislble or reported to serve both homes on the Property. Six wells exist on
the Property..: These includo 3 domestio wells, an irriga~on well, a barn wen and a well for cattle
1Vatering. The irrigation well was, at times, fed with the 28%' nitrogen solution in the ,past using a
practice termed cbemigation to apply ~ilizcr to crops.
1>nlrh1()MnRt~ "Rirh~nyls (pr'R~)
Typical PCB-co~ items include dielectric fluids in electrical equipment and in lubricating or
.hydraulic oils in machinery. Pole.mo~ed transformers and arl"irrigation well transfonner were noted
on or adjacent to the Property. These units are owned by the local utility c~mpany ~ho is responsible
for ~tenance. It is possible PCBs may exist in fluorescent light bal1ast.s that may 00 present inside
buildings on the Property ~
Eot~ntip.l A ~ibp~ns-r..oiit~inine MBterm.l (A(;l'v1)
Potential ACM observed on the exterior of the houses, garages and outbuildings consisted of rooThJg
materials and .window caulk. It is likely ACM such as floor tile, ceiling tile3 sheetrock taping
compound, thermal system insulation and other materials exists '\Vithin "the homes, garages and
outbuildingsl ACM must be mtmaged in accordance with r6gulatory roquirements.
"J,~n P~mt
Based on the age of the str:uctures on the Property! it is likely that lead based paint exists vrithin and on
the exterior of the structures constructed prior to 1978.
FI11.0r?~Fnt 1tT1(1 Hie}, T11tP:n~Tty n1qchFrr~e (RID) T '~mr~
Fluorescent and HID lighting likely exists in the blllldings and yard lights on the Property. Spent
fluorescent and HID lamps contain mercury and oilier toxic hes:vy metals and. must be managed in
July; 03
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accordance with regulatory requirements.
MA-rmny C:orrt$l1n;ng 1)ev1(".f'~
Although not directly observed it is likely mercury containing devices exist in the homes and possibly
the outbuildings on the Property. These. devices must be managed in aCdOrdance with regulatory
requirements.
n""M~-nTle1+ne rh~mjC'$ll~ (Ones)
Based on Lieschls. observations, ODes are believed to possibly be present in HV AC systems,
refrigerators and freezers on the Property. ODes must be managed in accordance with regulatory
require~nts.
(;bpmi~~l~
Limited quantities of chemicals were observed on the Property and are believed to exist within the
buildings on the Property. These include gasoline, diesel:fue1, propane, hydraulic oils, lubricating oils.
.waste oil, solvents, paints and cleaning chemicals. Unused or spent chemicals must be managed in
accordance with regulatory requirements.
my "WPn ~
No dry wells were observed or reported on the Property.
~nrfi=tcp W~tt=!r
Drainage ditches and swales are located throughout the Property, often along roads to control surface
v..,'at ex runo if
T Jl ennTlS
--~ former cattle manure waste water storage lagoon exists 9n the Property. It was in. use until three
)'ears ago when the cattle operation ceased. The lagoon ~ reportedly emptied at that time, It is now
about 113 :full ,vith \Vater accumulated from precipitation and drainage events. The drain pipe from the
barn to the lagoon is still corinected but reportedly riot used.
Wert-l~ntis
Several apparent v,'etlands are noted on the EDR response on the Property (see the Overview map in
Appendix B). Liesch did not delineate wetlands as part of this ESA~
JulYl 03
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6tO HISTORIC.AL RESEARCH
6.1 CITY DIRECTORlES REVlEW
Liesch revieWed the City Directory Abstract provided by ED~ The EDR City DIrectory Abstract
incly.ded a search of available Property and cross-reference directory collections for the Property at
approximately five-year intervals for 1he years spanning 1979 through 1999. The EDR reported no
coverage is available for the address of the Property (19049 Da~ Street NVI). The EDR City Directory
Abstract report is included as Appen~ E.
6-2 . SANBORN FIRE INSURANCE COMP AriY M~ REVIEW
. .
Sanborn Fire Insurance Company ~ ~e prepared for various communities from the late 1800s
through the 19808. These maps show addresses, structures and other improvements, such as utilities and
storage t~ for the areas covered. According to EDR, coverage for the Property dOes not exist. The
EDR response is included as Appendix F.
,6.3 USGS TOPOGRAPHIC MAPs REVIEW
The Elk River 1961, pbotorevL~ 1980 and the 1993 USGS 7.5 minute topographic maps were
reviewed to identifY past land use and any readily apparentenviromnental concerm Copies of these
maps are included in Appendix G.
The 1961 map shows the HoJzem farmstead and one outbuilding on the Property. Small wetlands are
ShOVlIl on the Property. The Property appears to be in agricu1tura1 use at this time.
The 1980 map sho.v{s no change in property use from the 1%1 map e~cpt the farmstead has an,
additional building present. The 1993 map shows no change in property use except for additional
buildings on the furmstead and the house and outbuilding at 18925 Davis Street NW.
The review of hb"'toric topographic maps for the Properly and adjacent areas did not indicate the
presence of recognized environmental conditions for the Property.
6.4 AERTALPHOTOGRAPHREYIEW
Aerial photographS were re'Y1ewed to identify past land use and readily apparent environmental concerns
on or near tbe Property. Photographs from the years 1939, 1957, 1963, 1970 and 1991 were provided
by EDR- Copies of these &:00 photographs are included as ..~ppendh: H.
The 1939 aerial photograph shows the Property in agricultlli-al U-'-e. The Patrick J. Holzern farmstead is
present. There are no buildings present at the nortmvest corner of the Property in this photograph.
July, 03
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The 1957 aerial photograph .show$ no chAnge on the Property from 'the 1939 photograph. The 1963
photograph shows no changes from the 1957 photograph. The 1970 photograph shows similar
property uses to the 1963 photograph. The 1991 photograph shows additional strnctures on the
farmstead and the residence and outbuilding at 18925 Davis Street NW.
6.5 WELL LOG SEARCH
EDR conducted fa wen log searoh utilizing the well log index obtained from the Minnesota Geologic
Survey. No registered wells were listed fur the Property or adjacent sites. As noted in Section 5.0, at
least six wells are anticipated to exist on ~ Property.
7.0 CONCLUSIONS AND RECO:M:MENDATIONS
Work performed for this Phase One ESA included review of state, county and city information on the
. Property, a walk-over survey of the exterior ofthb Property to jdenti:/Y readily-apparent environmental
concerns on or adjacent to the Property, review of historical data for the Property utilizing available
aerial photographs, USGS topographic maps. city directories, Sanborn Fire InSurance Company maps
and a review of well log files. Liesch has peifoimed a Phase One.ESA in. conformance with the scope
and limitatiom of ASTM Practice E 1527-00 for the Holzem property consisting of approximately 211
acres, Elk River, Sherburne County, Minnesota (the Property). Arry exceptions or deletion:; from this
practice are noted in Section 2.0 of this ESA This assessment has revealed no. recognized
environmental conditions on the Propetty e~ for the following: .
4' Two existing USTs and one former UST axe/were present on the Property. No docwnentation
exists as to \vhether or not a release has occurred from these UST systems..
· A manure holdingltreatment:POnd exists on the Property. The manure wastes in this pond were
. reportedly pumped out and land applied aoout 3 years ago. Manure holdingltreatment ponds
often inadvertently contaminate the shallow groundwater system 'With nitrates.. The integrity of
the pOnd bottom is unkoo\Vl1.
I) Cbemigation was practiced at the Property for -agricultural fert:ilizer crop applicatioIL This
practice also can .lead to groUIxI:y{ater impacts. if fertilizer is applied at greater than agronomic
uptake rates or if irrigation water runs off into low lying areas. and recharges into tb.e
groundwater~
e A former farm dump existed on the Property. It 'WaS reportedly ~vlnOved by the current QVlner.
It is possible some groundwater contamination occurred while this d1J.L.~ was in OperatiOIL
G ..~ area of land applied potato wastes exists on the Property.. This material was not d.isked into
the soil at the time of Liesch~s via&-over survey. Stressro '\"egetation \yas present in the areas
vv'here this ",o.ste was applied.
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7.1 lTEMSOi~IENTALNOTlt
Liesch observed the following items of environmental note which may require existing or future
environmental compliance activities,
· It is Liesch's understanding the structures on the Property may be demolished or moved off site.
'When a structure is to be demolished, federal and state laws require that potential ACM be
evaluated and managed in accordance with current regulations. Prior to moving the ,house off site,
all friable ACM that will be disturbed during moving operations must be abated. In addition, any
potential ACM located in the basement of the house should be asSessed..
· Wells exist at each house on the Property. Six wells are known to exist on the Property. When they
are taken out of service, they must be sealed by a licensed wen driller a.ccording to applicable
statutes,
· It is assumed two septic systems exist on the Property. They must be abandoned according to local
code when it is no longer in service.
· During the decommissioning or demolition of structures the following regulated items will likely be
encountered and must be managed in accordance with CUITent regulatory requirements: ACM,
mercury containing equipment, peeling lead based paint, ozone depleting chemicals, abandoned
chemicals and fuels, .fluorescent and HID lamps. PCB containing items. abandoned equipment and
debris.
· During the removal of undel'ground storage tanks on the Property, it is leCDmmended that an
environmental professional document its removal and assess soil condt.1tions.
· Two apparently empty USTs are present in fields on the Property they should be removed in
accordance vvith current regulatory requirementS.
o Four ASTs, three of which are active, are present on the Property. They should be emptied and
removed in accordance 'With cw::rent regulatory requirements~
· The irrigation wen electrical transformer may contain PCBs. It should be removed in accordance
vm.h 'current regulatory requirements.
8.0 Ql!ALIFICATION
The qualifications of the author of this BSA are included in Appendix 1.
.1 uly, 03
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9.0 REFERENCES
Regional Hydrogeologic .Assessment, Anoka Sand Plain, Nlinnesota Department of Natural Resources
1993. .
W f\~\62.00 129~st OnerOoc
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