5. SR 09-12-1994
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!Ii{ River
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ITEM 5.
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
FROM:
STEPHEN ROHLF, BUILDING
AND ZONING ADMINISTRATOR
DATE:
~
SEPTEMBER 2, 1994
SUBJECT: CONSIDER NEED FOR
ENVlRONMENTALIMPACT
STATEMENT FOR HILLSIDE
ESTATESIHILLSIDE CROSSING
PROJECTS
Included with this memo, is an environmental assessment worksheet (EAW)
for the project of Hillside EstateslHillside Crossing. The purpose of the EA W
is to describe the project and identify potential environmental impacts. The
EAW is sent to various State agencies for review.
Staff received comments back from the Department of Natural Resources and
the Minnesota Historic Society. These comments are included with this
memo.
The City Council is the responsible governmental unit (RGU) that will make
decisions on the environmental review of this project. Upon review of the
information contained in the EA W, and of comments received on it, it is the
Council's responsibility to determine whether or not the project has the
potential for significant environmental impact. If the Council feels that the
project does have this potential, an Environmental Impact Statement (EIS)
would be in order.
Staff is recommending that an EIS not be required. We have included with
this memo, a resolution of negative declaration for the need of an
Environmental Impact Statement that responds to the comments received
and lays out findings of fact for not requiring an EIS.
cc- Hill/Council
P.O. Box 490 . 13065 Orono Parkway. Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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ENVIRONMENTAL ASSESSMENT WORKSHEET (EA W) FOR HILLSIDE
ESTATES
An EAW has been prepared for Hillside Estates. The proposed project
includes 286 family residential lots on 159 acres, with a mixture of
commercial and office use on 37 acres. The project is proposed to be served
with Municipal sewer and water.
NORTHWEST QUARTER (NW 114) OF THE SOUTHWEST QUARTER (SW 1/4) AND THE
NORTHWEST QUARTER (NW 1/4) OF SECTION 27, PLUS THE NORTHWEST QUARTER
(NW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) AND THE SOUTHWEST QUARTER
(SW 1/4) OF THE NORTHWEST QUARTER (NW 114), SECTION 26, ALL IN TOWNSHIP
33, RANGE 26, SHERBURNE COUNTY, MINNESOTA.
The EA W can be reviewed at Elk River City Hall, 13065 Orono Parkway, Elk
River, MN, or the Elk River Public Library, 413 Proctor Avenue, Elk River,
MN.
All interested persons are encouraged to submit written comments to
Stephen Rohlf at City Hall. The comment period ends Wednesday August 17,
1994. If you would like more information on the above described project, feel
free to call Stephen Rohlf or Steven Ach at 441-4900.
Stephen Rohlf
Building & Zonin:f~
,
EAWsheet-BZ
Environmental Assessment Worksheet (EAW)
NOTE TO PREPARERS
This worksheet is to be completed by the Responsible Governmental Unit (RGV) or its agents. The project proposer must supply
any reasonably accessible data necessary for the worksheet, but is not to complete the final worksheet itself. If a complete answer
. does not fit in the space allotted, attach additional sheets as necessary.
For assistance with this worksheet contact the Minnesota Environmental Quality Board (EQB) at (612) 296-8253 or (toll-free)
1~2-9747 (ask operator for the EQB environmental review program) or amsult "EAW Guidelines: a booklet available from the EQB.
NOTE TO REVIEWERS
Comments must be submitted to the RGU (see item 3) during the 3O-day comment period following notice of the EA W in the EQB
Monitor. (Contact the RGU or the EQB to learn when the comment period ends.) Comments should address the accuracy and
completeness of the information, potential impacts that may warntnt further investigation, and the need for an EIS. II the EA W has
been prepared for the seoping 01 an E1S (see item 4), comments should address the accuracy and completeness 01 the information
and suggest issues for investigation in the E1S. Hillside Estates Residential Subdivision
1. proj~tnu. Hillside Crossing Commercial Subdivision
2. Propo~r Phoenix Ent..rpri"..". IJ'c. 3. RGU City of Elk River
Contact person Jeffrey A. Gongoll Contact person SteDhen Rohlf
Address ?41 Mi'lin strppt. Snitp 4 andtitle Buildino & Zoninq Administrator
Elk River, MN 55330 Address 13065 Orono Parkway
Phone (fin I 24'1-0714 Elk River, MN 55330
Phone (fi121 441 4904
4. Reason for EAW PreparaUon
o as seoping [lil mandatory EA W 0 citizen petition 0 RGU discretion 0 Proposer volunteered
If EA W or EIS is mandatory give EQB rule categoty numherls) 4410.4300. SUBP. 19 " SIJBP. 32
5. ProjoctLccaUon Please refer to the attached sheets as appropriate, for response.
N1q 1/4 Sl'l 1/4 Section ?F. Township ~~ Range ?F.
. County Sherbw:ne CitylTwp Rlk Ri"pr
AttJuh copies of t=h of the follDwing to tire fA W:
a. a county map showing the ganerallocation 01 the project;
b. copy(ies) of USGS 7 S minute, 1:24,000 scale map (photocopy is OK) indicating the project boundaries;
C. a site plan showing all significant project and natural features.
6. OescrlpUon Give a complete description of the proposed project and ancillary facilities (attach additional sheets as necessary).
Emphasize construction and operation methods and features that will cause physical manipulation' of the environment or
produce wastes. Indicate the timing and duration 01 construction activities.
See Attached Response
.
Provide a SO or fewer word abstract for use in EQB Monitor notice:
1
7. Project Magnltudo Data 1 59 acres residential
r otal Project Area (acres) 37 acres ccmnercial
Number of Residential Units
Unattached 286 . +
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or length (miles)
Attached
'Commercial/Industrial / Institutional Building AIea (gross /loor space)
Total 206,800 square feet est. square feet;
Indicate area of specific uses:
. Office approximate 32,000 square feet Manufacturing
Retail 100-110.000 sauaT" feet est. Other Industrial
Warehouse Institutional
Light Industrial Agricultural
Other Commercial (specify) ie. Restaurant. Fast Food, Financial. Hair Salon, ?O ?4 000 "<;I ft est.
Building Height(s) N" l'TnTP th"n rp<])Ji rP<'! hy ri ty Orni ni'ln"p (40 ft I
8. Permits and Approvals Required List all known local, state, and lederaJ pennits, approvais, and funding required:
Unit of Government Type of Application Status
See Attached Response
9. Land Use Describe current and recent past land use and development on the site and on adjacent lands. Di$CU$$ the
compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental
matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage
tanks.
See Attached Response
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10. Covor Types Estimate the acreage of the site with each of the following cover types before and after development (before and
after totals should be equal):
Before Alter Before After
Types 2 to 8 Wetlands 1j8 ~8 Urban/Subwban Lawn 8 i~
Wooded/Forest Landscaping
Brush/Grassland 49 n Impervious Surface
Cropland 0 0 Other (descnbe)
11. Ash, W1ldlffo, and Ecologically Sensltlve Resources
a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any
measures to be taken to minimize or avoid adverse im pacts.
.
See Attached Response
b. Are there any state-listed endangered, threatened, or special-concern species; rare plant communities; colonial waterbird
nesting colonies; native prairie or other rare habitat; or other sensitive ecological resources on or near the site? .EJ Yes 0 No
if yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was
conducted. Describe measures to be taken to minimize or avoid adverse impacts.
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12: P.hyslcal Impacts on Wator Rosourc.. Will the project involve the physical or hydrologic alteration (dredging, filling, stream div=iion,
. outiaIJ structure, diking, impoundment) of any surface water Oake, pond, wetland. stream. drainage ditch)? ~ Yo 0 No
If yes, identify the water resource to be affected and describe: the alteration. including the construction process; volumes of
dredged or fill material; area affected; length of stream diversion; water surface area affected; timing and extent of fluctuations
in water surface elevations; spoils disposal sites; and proposed mitigation measures to minimize impacts.
See Attached Response
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13. Wal.r Us.
a. Will the project involve the installation or abandonment of any wells? il:I Yes 0 No
For abandoned wells give the location and Unique well number. For new wells, or other previously unpermitted. wells, give
the location and purpose of the well and the Unique well number (if known).
See Attached Response
b. Will the project requlre an appropriation of ground or swface water (including dewatering)? r&:J Yes 0 No
If yes, indicate the source, quantity, duration, purpose of the appropriation, and DNR water appropriation permit number of
any existing appropriation. Discuss the impact of the appropriation on ground water levels.
C. Will the project requlre connection to a public water supply? I2!l Y.. 0 No
If yes, identify the supply, the DNR water appropriation permit number of the supply, and the quantity to be used.
14. Wat.r.roJatod Land U.. Manag.m&nt Districts Does any part of the project site involve a shoreland zoning district,. a delineated 100-year
flood plain, or a state or federally designated wild or scenic river land use district? 0 Y.. 01 No
If yes, identify the district and discuss the compatibility of the project with the land use restrictions of the district.
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15. Watsr Surfaes U.. Will the project change the number or type of watercraft on any water body? 0 Yes al: No
If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users
or fish and wildlife resources.
16. Salls Approximate depth (in feet) to:
Ground water: minimum 10 1? average 1 R ?4 Bedrock: mmmmm nnlrn.7n average
Describe the soils on the site, giving SCS classifications, if known. (SCS interpretations and soil boring logs need not be attached.)
See Attached ReSfX.>llS,,"
17. Erosion and S.dlmentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved:
acres 90 ; cubic yards 480,000
Describe any steep slopes or highly erodible soils and identify them on the site map.
Describe the erosion and sedimentation measures to be used during and after construction of the project.
See Attached Response
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18. \Yator Quality. Surlaca Wawr Runoll
a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be U>ed to manage and/or
treat runoff.
See Attached Response
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b. Identify the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of
the receiving waters. (If tk T!.lnDff rru11J aff<d a Wz amsul! MEA W CuUidinzsM about whdher a nu!rimt budget analysis is =dtd.J
19. Water Quality. W.stowaters.
3. Describe sources, quantities, and composition (except for normal domestic sewage) of all sanitary and industrial wastewaters
produced or treated at the site.
See Attached Response
b. Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project
involves on...ite sewage systems, discuss the suitability of the site conditions for such systems. Identify receiving waters
(including ground water) and estimate the impact of the discharge on the quality of the receiving waters. (If tIlL dischnrge
rrlD-yaffect a /ake consult MEAW CuikJinzsM about whdher a nutrienJ budget analysis is =dtd.J
C. If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the
system to accept the volume and composition of the wastes. Identify any improvements which will be necessary.
...0. Glllund WalDr - PolDndal for Contaminadon
. a. Approximate depth (in feet) to ground water: 10-12 mlIUIllum; 18-24 average.
b. Describe any of the following site hazards to ground water and also identify them on the site map: sinkholes; shallow
limestone formations/karst conditions; soils with high infiltration rates; abandoned or unused wells. Describe measures to
avoid or minimize environmental problems due to any of these hazards.
See Attached Response
C. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to
prevent them from contaminating ground water.
21. Solid Wastes; Hazardous Wast..; Slorag8 Tanks
a. Describe the types, amounts, and compositions of solid or hazardous wastes to be generated, including animaJ manures,
sludges and ashes. Identify the method and location of disposal. For projects generating municipal solid waste indicate if
there will be a source separation plan; list type(s) and how the project will be modified to allow recycling.
See Attached Response
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b. Indicate the number, location, size, and use of any above or below ground tanks to be used for storage of petroleum
products or other materials (except water).
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2/1. -Traffic Parking spaces added Existing spaces (if project involves expansion) Estimated total Average
Daily Traffic (ADD generated Estimated maximum peak hour traffic generated (if known) and its timing:
. For each affected road indicate the ADT and the directional distribution of traffic with and without the project.
Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will
be necessary.
See Attached Response
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23. Vehlel.related air emissions Provide an estimate of the effect of the project's traffic generation on air quality, including carbon
monoxide levels. Discuss the effect of traffic improvements Or other mltigation measures on air quality impacts. (/f thE project
inooloes 500 or more parking sp=, CDnsul! 'EA W Guiddi=s' about mht:tJrer 0 det4iJed oir qUJJ./ity Il1Ullysis is 1lI%tkd.J
See Attached Response
24. Sta~onary $Ouree air emissions Will the project involve any stationary sources 0/ air emissions (such as boilers or exhaust
stacks)? 0 Yes f] No
If yes, describe the sources, quantities.. and composition of the emissions; the proposed air pollution control devices; the
quantities and composition of the emissions after treatment; and the effects on air quality.
See Attached Response
25. Will the project generate dust, odors, or noise during construction and/or operation? Ol: Yes 0 No
II yes, describe the sources, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse
impacts. Aiso identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors.
See Attached Response
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26. Are any of the following resources on or in proximity to the site:
a. archeological, historical, or architectural resources? 0 Y.. 12!1 No
b. prime or unique farmlands? 0 Yes Q! No
C. designated parks, recreation areas, or trails? 12!1 Yes 0 No
d. scenic views and vistas? 0 Yes I1Q No
e. other unique resources? 0 Y.. Ql No
If any items are answered Y.., describe the resource and identify any impacts on the resource due to the project. Describe
any measures to be taken to minimize or avoid adve~ impacts.
See Attached Response
27. WiUthe project create adverse visual impacts? (Exomples include: glare from inlense lights; lights visible in wilderness or=; ond large
visible plumes from cooling towers or exhau.st stacks,) 0 Yes {9 No
II yes, explain.
28. Compatibility with plans Is the project subject to an adopterllocal comprehensive land use plan or any other applicable land use, water,
or resource management plan of an iocal, regional, state, or ledenl agency? 211 Yes 0 No
If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s), and explain how
any conflicts between the project and the plan(s) will be resolved. If no, explain.
See Attached Response
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: 29. lInpacl on lnfraattuctur. and Public S.rvlces Will new Or expanded utilities, roads, other infrastructure, or public services be
required to serve the project? lOt Yes 0 No
If yes, describe the new or additional infrastructure /services needed. (Any infrastructure tha! is. "connutt:d IlCtion" with resp<<J
w u", project must be..==I in this EA W; su "EA W Guuu[;1l<$" ft>r ddlzils.J
.
See Attached Response
30. RelatBd Developments; CumulaUve Impacts
a. Are future stages of this development planned or likely? 0 Ye. :rJ No
- If yes. briefly describe future stages, their timing, and plans for environmental review.
b. Is this project a subsequent stage of an earlier project? IZI Yes 0 No.
If yes, briefly describe the past development, its timing, and any past environmental review.
C. Is other development anticipated on adjacent lands or outlots? EJ Yes 0 No
If yes, briefly describe the development and its relationship to the present project.
d. If a,b, or c were marked Yes, discuss any cumulative environmental impacts resulting from this project and the other
development.
See Attached Response
31. Other POllnUaJ Environmental Impacts If the project may cause any adverse environmental impacts which were not addressed by
items 1 to 28, identify and discuss them here, along with any proposed mitigation.
See Attached Response
32. SUMMARY OF ISSUES (This ..dien n=i not be compleWi if the EA W is being dqne for EIS scoping; instmJi, oddress re/rn:znt issues in the
. droft Scoping Derision document whic!t must occompony the EA W.) List any impacts and issues identified above that may require
further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or may
be considered for these impacts and issues, including those that have been or may be ordered as permit conditions.
See Attached Response
CERTIFICATIONS BY THE RGU (a1/3 certifications must be signed for EOB acceptance of the E4W for publication of
notice in Ihe EOB Monitor)
A. I hereby certify t document is accurate and complete to the best of my knowledge.
Signature
B. I hereby certify that the project described in t s EA W is the complete project and there are no other projects, project stages, or
project components, "bed. in this document, which are related. to the project as "'connected actions'" or
. "phased action ,a ules. pts. 4410.0200. subp. 9b and subp. 60.
Signature
C. I hereby certify t
Signature
being sent to all points on the offidal EQB EA W distribution list.
7/~Y
Date
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Minnaou Ez1vironmcnul Quality BOolrd. Revised June 1990.
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ABSTRACT
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This project consists of 286 single family .residential lots on ~59 acres and
approximately 206,800 square feet of professional office'and commercial lots; all
on a total of 37 acres. Both developments will be done 4n phases anticipated
over the next five (5) years dependent upon the area's market demand, the economy
and interest rates.
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5.
LEGAL DESCRIPTION
Northwest quarter (NW 1/4) of the Southwest quarter (SW 1/4) and the
Northwest quarter (NW 1/4) of Section 27, plus the Northwest quarter (NW
1/4) of the Northwest quarter (NW 1/4) and the Southwest quarter (SW 1/4)
of the Northwest quarter (NW 1/4), Section 26, all in Township 33, Range
26, Sherburne County, Minnesota.
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6.
DESCRIPTION
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This project consists of 286 single family residen~ial lots on 159 acres
and approximately 206,800 square feet of professional office and
commercial lots; all on a total of 37 acres. Both the residential and the
commercial developments will be done in phases anticipated over the next
five (5) years dependent upon the area's market demand, the economy and
interest rates.
RESIDENTIAL
This portion of the development will consist of 286 single family
residential lots which will be served with municipal utilities including
city sewer and water. These residential lots are antilOipated to be
completed in four to eight phases over five (5) years, depending on market
demand, the economy and interest rates. The average lot sizes will vary
between 10,500 square feet and 20,000 square feet.
The two most significant features of this development that will be dealt
with are the mature trees and Slopes that exist on the subject property.
In order to maintain these features, the design and layout of the roads
and lots will be sensitive to these qualities. Slopes that are greater
than 30% will be protected during the platting process by establishing
permanent "no cuttingn easements to ensure that the natural vegetation
will remain. Additionally, the services of a qualified Forester will be
engaged during the construction phases, including construction of roads
and houses. The Forester will be used to identify and preserve the
maximum number of mature trees on the project site. Special concern will
be afforded the apparent Oak Wilt within the area. The planned ways to
alleviate this condition is to use vibratory plowing methods to separate
root grafts prior to tree removal. Another method of alleviation will be
to delineate and mark the drip line of the trees which are not to be
disturbed during the development of the project.
The site also contains some small natural ponds. A portion of one of the
ponds will be filled in (approximately 1/4 acre) for completion of a road
alignment. This activity will be reviewed and managed according to the
Wetland Conservation Act and will be included as a part of the Army Corp
of Engineers nationwide permit; per the attached December 7, 1993, letter
from the Department of the Army. The road alignment is necessary to
obtain the proper design of a localized four-lane collector street.
Pond protection measures will include temporary and permanent erosion
control measures such as silt fencing and creation of sedimentation ponds
and skimmers. "Best Management Practices" will be adhered to during
construction. These areas will be watered to hold down dust, and any
disturbed parcels will be seeded immediately upon completion of the
grading.
COMMERCIAL
Depending on the specific layout and development of the commercial area
consisting of a total of approximately 37 acres, 10 to 13 lots could be
available for future commercial development.
.
Although no specific development plan exists at this time, a conceptual
plan is attached which identifies a 12 acre parcel south of 193rd Street
showing a potential professional office park development. Of this 12 acre
parcel, a 1 acre parcel was purchased and is being developed as a
SuperAmerica gas/convenience store operation. Additionally, a portion of
the remaining 11 acres adjacent to the SuperAmerica site has been graded
to accommodate a future retail strip center development. This graded area
was under previous ownership, had previous plat "approval and had been
identified for a municipal water and sewer project.
,.
This 12 acre parcel consists of a west half of o~en~land and an east half
of Oak woods. A large portion of the trees are anticipated to be removed
to accomplish proper site grading. Steep wooded ridges border the east
boundary of this parcel. The slopes will retain their natural vegetation
to the top of the ridges to provide the maximum height for the screening
of the commercial site to the residential site on the east. This will
also aid in the protection of the slopes from erosion and protect the
ponds at the bottom of the slopes. One exception will be a city storm
sewer line which will cut diagonally down the slope to protect the
vegetation and maintain the screening effect of the vegetation.
The other portion of potential commercial development lies no~th of 193rd
Street and adj acent to an existing 14 acre commercial plat known as
Hillside Crossing. This future area consists of approximately 25 acres
and is anticipated to be rezoned to Highway Commercial. It is mostly
wooded and has an existing residence on it. It is anticipated that most
of the trees will be removed to accommodate the grading necessary for its
proper development.
.
In summary, both of these sites will use similar construction practices as
previously mentioned in the Residential section, including but not limited
to: Best Management Practices during construction for sediment and erosion
control, measures to control Oak Wilt, and permanent sediment and erosion
control measures.
The commercial and residential phases of this development will be designed
to balance the dirt; therefore, there will be no waste dirt that would
need to be removed from the site.
8. PERMITS AND APPROVALS REOUIRED
NPDES Permit from MPCA
MnDOT Construction Permit
Anoka Electric Cooperative Easement
Minnegasco Easement
NSP Easement
MnDNR Water Appropriation Permit for dewatering
Wetland Conservation Act Permit
Minnesota Department of Health water extension
MPCA Permit for municipal sewer extension
City
*
*
of Elk River,
Zone change request
Conditional Use Permit
Plat Approval
*
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12.
9.
LAND USE
The proposed project site is vacant with the exception of one older single
family dwelling. The west boundary is bordered by US Trunk Highway 169.
The east, north and south boundaries have adjacent land uses of generally
residential .with an exception of the 14 acre parcel designated for
commercial development at the northeast corner of Highway 169 and 193rd
Street. The majority of this project abuts existing residential uses with
proposed single family uses; therefore, the project and the existing land
uses are compatible. !..
The exception is the southern 12 acres of commercial property which is
being proposed as a professional office campus setting using quality
residential type design features, together with the retention of the
natural trees on the east property line for screening, and a large wetland
area on the south part of the site providing separation from residential
areas. Further, the commercial and residential traffic will not mix
except for entering onto Highway 169. One (1) well exists on the project
site and is associated with the existing residence. It will be properly
abandoned when appropriate to the development activities.
11. FISH, WILDLIFE, & ECOLOGICALLY SENSITIVE RESOURCES
a.
The project site is used by a typical variety of mammals and birds.
However. no fishery resources occur on or near the site. The
majority of the site is wooded and the natural vegetation will be
maintained through slope easements and the establishment of a
neighborhood park and trail system. All natural ponds will be
retained, with the exception of a 1/4 acre of the Type 2 Wetland
pond that will be filled to accommodate the extension of the
localized collector street. The 37 acres of commercial development
will displace wildlife, while the residential portion will provide
temporary displacement during construction to those species that are
compatible with a residential setting.
b. Yes; the attached letter from the Minnesota Department of Natural
Resources mentions two (2) "threatened status" conditions:
1. "...two (2) records for the Blanding's turtle, from within the
search area... (a)lthough none of the records are from within
the project area." However, the sunny sandy slopes generally
needed by the Blanding's turtle as nesting sites do not exist
on the project site. The ponds on the site that might be used
by these turtles will mostly be retained.
2. An Oak Forest (Central) Dry Subtype. Great efforts will be
taken to maximize the number of trees to be retained,
especially in the residential site with the wooded areas,
natural vegetation slopes and the neighborhood park and trail
system.
PHYSICAL IMPACTS ON WATER RESOURCES
Much of the site will drain to natural ponds internal to the site. All
drainage north of 193rd Street that leaves the site will drain into a
sedimentation pond prior to its discharge form the site. The 13 acres of
commercial area south of 193rd Street will drain into a small natural pond
for water clarification before discharging into a larger natural pond
which the City of Elk River has identified as having regional significance
for storm water activities. The rate of discharge from this regional pond
will be metered to avoid a large influx in water level. The bounce is
estimated at 5 feet or less. All natural ponds will remain with the
exception of the 1/4 acre of the Type 2 Wetland pond which is proposed to
be filled for the extension of a localized collector street.
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This pond will be mitigated at a ratio of at least 2: 1, per Wetland
Conservation Act rules, if appropriate permits are obtained to fill it.
This wetland is not protected by the Minnesota DNR and falls under the
nationwide permit of the Army Corp of Engineers, per the attached December
7, 1993, letter from the Department of the Army.
13.
WATER USE
Il-, .,'
a. Yes; a well exists on the existing homesite. It will be abandoned
according to the Minnesota Department o{ Health regulations.
However, it is a pre-1974 well and does not c~rrently have a Unique
well number. '
b. It is anticipated that temporary dewatering will occur during
construction of each phase for the installation of sanitary sewer
and water lines. Also, dewatering practices are expected to occur
for 2 - 3 weeks for each phase of the development and will include
more than 10,000 gallons of water per day. Therefore, a MnDNR water
appropriation permit will be required.
c. Yes; the municipal water supply system of the City of Elk River will
be extended to the project. The MnDNR water appropriation numper is
753215. Estimated water usage is 64,350 gallons per day for
residential consumption, 27,750 gallons per day for commercial
consumption, for a total estimated consumption of 92,100 gallons per
day.
16 . SOILS
The general soil classifications include:
Emmert & Hayden
Emmert & Chetek
Hayden
17. EROSION AND SEDIMENTATION
a. Slopes on the commercial plat will be leveled to provide a basic
flat surface consistent with the requirements of the project.
b. Slopes in the residential portion, except for house pads and roads,
will be maintained as much as practical.
c. The attached preliminary site plan identifies existing slopes of 12%
or more and areas where erosion control methods will be implemented
during construction. This sediment and erosion control plan will be
fine-tuned through the City of Elk River's platting process as each
phase is developed. Special care will be taken to avoid sediments
from entering the natural ponds in the project site. Slopes of 30%
or more that are to remain after construction will be protected with
"no cuttingll easements to preserve their natural vegetation.
d.
The types of
question #16.
entire plat.
soils involved in the grading are identified in
A dirt balance will try to be achieved over the
18. WATER OUALITY - SURFACE WATER RUNOFF
a.
Two (2) sedimentation ponds, as identified on the attached site
plan, will accommodate the majority of the runoff for the entire
commercial areas to aid in water clarification. Typical suburban
lawn pollutants are expected in the residential portion of the
project. Onsite ponding areas will be used as much as practical for
runoff in this area.
.
b.
The ultimate receiving body is the wetland shown on the attached
map. The MnDNR has identified a 2 foot water bounce as desirable
for wildlife associated with this pond. The City of Elk River
platting process will require a specific water bounce calculation
during each phase of the development. More onsite retention, or a
metered outlet to the regional pond, can be added if so determined.
,
19. WATER OUALITY - WASTEWATERS
b.
c.
.
a.
Wastewater from the project will be limite~.~o domestic sewage and
sewage typical of commercial uses and rest~urents. The City of Elk
River, through its analysis, calculates domestic sewage use at 70
gallons per person per day. Residential wastewater produced is
estimated at 60,060 gallons per day. Commercial wastewater produced
is estimated at 25,900 gallons per day. Total estimated wastewater
produced for the project is 85,960 gallons per day.
Wastewater produced as a result of the project will be treated by
the Elk River Wastewater Treatment Plant.
Wastewater produced as a result of the project will be treated by
the Elk River Wastewater Treatment Plant. The only pre-treatmenD
anticipated will be grease traps for any restaurants and flammable
waste traps for any motor vehicle service station activities.
The lateral sanitary sewer lines will be extended to this project
site from an existing trunk line with an existing MPCA permit. The
project is on the fringe of the City of Elk River's urban service
district; therefore, an extension of trunk sewer lines through the
project will not be necessary. The City's Treatment Plant was
recently in violation of effluent standards due to equipment
malfunction. This situation has been rectified through agreement
with the MPCA by temporary short term modifications and permanent
renovations to the plant. According to this agreement, the plant
will be able to accept the anticipated waste from this project.
20. GROUND WATER - POTENTIAL POR CONTAMINATION
b. Soils are typically well drained, and the project area will be
served by sanitary sewer instead of onsite septic systems, thereby
eliminating concerns of sewage being a source of contaminant.
c. No hazardous or toxic materials are proposed during construction of
the project. Whether future use includes an auto service station is
uncertain, but appropriate codes would regulate the use of such
conditions as storage tanks and disposable wastes that could affect
groundwater.
21. SOLID WASTES, HAZARDOUS WASTES, STORAGE TANKS
a. The only solid waste from this site will be mixed municipal solid
waste. Waste collection is performed under City franchise which
requires mandatory garbage collection and curbside recycling for
residential property. The City also requires garbage collection for
commercial businesses and is in the process of developing a
commercial recycling program. The City currently requires dumpster
enclosures to be sized to accommodate recyclab1es.
b. Future use could include tanks for an auto service station within
the commercial area. Size and location are uncertain at this time
since this use has not been determined to be included in the project
site.
.
.
.
.
22.
TRAFFIC
Parking spaces are estimated at 900 - 1200 due to unknown commercial
development. A significant part of the commercial use will be
professional offices which require less parking need than retail.
Therefore, an estimate of 900 spaces is determined to be valid. There are
no exist ing parking spaces.. .lo,. .,'
This estimate could also be greatly reduced if th~~one change request for
the 27 acres of commercial development is unsucces~ful.
The Trip Generation Manual was used to generate the ADT (est. at 10,854)
and maximum peak hour of traffic (1600 - 1700). Both commercial and
residential traffic will be directed onto 193rd Street which has been
developed through the City's Transportation Plan as a localized collector.
Traffic from the project will have direct access to US Trunk Highway 169
via 193rd Street, which is a fully signalized intersection. Commercial
traffic will not mix with residential traffic except immediately prior to
gaining access to Trunk Highway 169. Other traffic movements are
insignificant. No additional street improvements will be necessary other
than typical internal streets associated with this development.
23. VEHICLE-RELATED AIR EMISSIONS
The project is consistent with the City's transportation planning;
consequently, there is no reason to expect traffic congestion, and
therefore, decreased air quality. It is uncertain at this time whether an
Indirect Source Permit will be required.
24. STATIONARY SOURCE AIR EMISSIONS
No. The City of Elk River prohibits the incineration of waste.
25. Yes. Grading during the construction phases will generate fugitive dust
and noise. There are no sensi ti ve receptors in the immediate proj ect
site. However, water (no chemicals) will be used to control dust as
necessary.
Construction activities are regulated by the City, and are to be performed
during the hours of 0700 1900 to minimize the noise on adjacent
properties. At certain times, noise levels from Highway 169 are likely to
exceed state noise standards. The completed commercial development will
provide a noise buffer to the entire adjacent residential area.
26.
c.
Yes. A neighborhood park and connecting trail system have been
identified in the City's Master Park Plan and will be incorporated
within the plans for this project.
28. COMPATIBILITY WITH PLANS
Yes. The project will comply with all City of Elk River plans, including:
Comprehensive Land Use Plan
Master Park Plan
Transportation Plan
Storm Water Management Plan
Capital Improvements Plan
Zoning Ordinance
Sewage Collection Plan
.
.
.
29.
Yes. The project will be served by the following public improvements:
Streets
Storm Sewer
Potable Water Supply
Lateral Sanitary Sewer Lines
Electricity
.... ."
,-
, -
30. RELATED DEVELOPMENTS: CUMULATIVE IMPACTS
,
b. Yes. The same developer developed the following within the vicinity
of this project from 1992 - present:
61 single family residential lots in Cherry Hills Bluffs.
73 single family residential lots in Hillside Estates
Addi tions.
a 14 acre commercial plat adjacent to Hillside Estates.
An EAW was not required for these projects, however, the City of Elk
River reviewed the environmental issues through the platting
process.
c.
Yes. The only vacant land adjacent to this project is a 12 acre
parcel that lies directly east. This property is zoned residential
and is undevelopable due to wetlands and will have access to an
extension of 193rd Street if and when the parcel concerning this
application is developed.
Cumulative impacts include:
d. '
Traffic will be handled by current and future planned street
systems for past and future planned development.
The majority of the wooded areas will become urban landscaped
residential property.
Temporary displacement of wildlife will occur during
construction.
A comprehensive review and analysis of storm water runoff has
been performed on the quantity and quality of the runoff from
this proj ect and past proj ects. Results have been
incorporated into the final plan.
Sufficient capacity for wastewater is available in both the
trunk lines which serve this project and past projects, as
well as through the City's Wastewater Treatment Plant.
Water consumotion will be adequately accommodated through the
addition of an onsite water tower and well to handle past and
future development in the area.
There will be no cumulative environmental impacts from dust
and noise since this project and past projects are performed
in planned logical phases.
31. OTHER POTENTIAL ENVIRONMENTAL IMPACTS
There are no other potential environmental impacts.
.
.
.
32.
SUMMARY OF ISSUES
Issues which may need possible further investigation include:
Air aua1itv issues due to traffic, although not anticipated, may
trigger an Indirect Source Permit in late~stages of the proposed
development.
More detailed Dlans regarding extension !Gj streets, utilities,
sedimentation and erosion control in preservation of natural areas
will be required by the City of Elk River as each phase of the
development is platted.
Measures of mitiaation have been identified in previous sections of this
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~~DEPARTMENT OF
NATURAL RESOURCES
07
ST. PAUL, MINNESOTA . 55155-40
SOD LAFAYETIE ROAD .
DNR INFORMA TION
(612) 296-6157
c.
.
April 25, 1994
Richard C. Foster
Riverside Development Company
P.O. Box 279
Elk River, MN 55330
Re: Proposed mixed commercial I residential development project in Elk River;
T33N R26W sections 26 & 27.
Dear Mr. Foster:
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 one mile of the above referenced project. A printout with the
results of this search is enclosed, along with an explanation of the format of
the printout. As you can see, there is a record for an oak forest within the
proposed project area. The oak forest was identified during 1989 survey work in
connection with the Minnesota County Biological Survey (MeBS) as a good quality
example of this vegetation type. A map of natural communities and rare species
of Sherburne county produced as a result of the MeSS is also enclosed. The oak
forest found within the project area, and described on the printout, has been
pointed out by the placement of a yellow note on the map. In addition, I have
enclosed an MeSS Site Summary Form with further information on the oak forest
site located within the proposed project area.
The MCBS is a joint project of the Natural Heritage and Nongame Wildlife
Programs of the Minnesota Department of Natural Resources. The survey gathers
information, county-by-county, on sensitive natural habitats (plant communities),
and rare plant and animal species, evaluates their importance and establishes
priorities for their protection. Relatively undisturbed examples of natural
communities such as oak forests are becoming increasingly rare. The Natural
Heritage program supports protection of the highest quality remnants as important
components of the state's natural biological diversity.
There are also two records for the Blanding's turtle (Emvdoidea
blandinoii), a state threatened species, from within the search area. In
addition, the database contains two more Blanding's turtle records from just
outside of the search area, in sections 32 and 33, T33N R26W. Although none of
the records are from within the project area, it is possible that turtles exist
in the area if there is suitable habitat on the site.
I have attached a fact sheet about the Blanding's turtle from Minnesota's
Endanaered Flora and Fauna, B. Coffin and L. Pfannmuller, eds. As the fact sheet
AN EQUAL OPPORTUNITY EMPLOYER
.
~~.
.
r
2
indicates, the turtles spend much of their time in shallow wetlands (1-3 feet
deep), but they nest in open, sandy uplands up to 1/2 mile from wetlands.
Nesting is in June and eggs hatch in September, at which time young turtles enter
wetlands where they over-winter in soft sediments. Factors believed to
contribute to the decline of this species include wetland drainage and
degradation, development of 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 found crossing roads, and of these, a sizeable number are dead turtles
that have been killed by cars.
The Natural Heritage database is maintained by the Natural Heritage Program
and the Nongame Wildlife Program, units within the Section of Wildlife,
Department of Natural Resources ~ It is the most complete source of data on
Minnesota's rare, endangered, or otherwise significant plant and animal species,
plant communities, and other natural features, and is used in fostering better
understanding and protection of these rare features.
Thank you for consulting us on this matter, and for your interest in
minimizing impacts on Minnesota's rare resources. Please be aware that review
by the Natural Heritage and Nongame Programs focuses only on rare natural
features. It does not constitute review or approval by the Department of Natural
Resources as a whole.
An invoice for the work completed will
billed for map and computer search and staff
done quarterly by the State Department of
September, and December.
be forthcoming.
scientist review.
Administration in
You are being
Billings are
March, June,
Sincerely,
~~
Laurie Sovell
Endangered Species Environmental Review Assistant
Natural Heritage and Nongame Research Program
612/296-7863
nhp940331
c. Pam Perry
.
c.
.
SHERBURNE COUNTY, MINNESOTA
Minnesota County Biological Survey
APRIL 25, 1994
Sitename: ELK RIVER 27 (0 acres)
Site #: 237
Primary Twp: T033N Rng: R26W Section: 27
Legal Description: SWNW 26, NE 27, T33N R26W
ATTRACTIVE ROLLING TERRAIN WITH ONE OF THE BETTER OAK FORESTS ON THE ELK RIVER
ICE-CONTACT FORMATION. HOUSrNG DEVELOPMENT OCCURRING ON ALL SIDES. SITE WOULD
SERVE AS VALUABLE GREEN SPACE/HIKING AREA. GOOD DIVERSITY NATIVE PLANTS. ISO-
LATED FROM OTHER FORESTS BY HWY 169. ON TWrN CrTIES TILL FORMATION,
SITE STATUS
If Eliminated, Why:
Protection Intentions: GREEN SPACE; RECREATIONAL TRAIL ALONG ICE-CONTACT HILLS
Protection Importance: Low
Land Use Comments:
Adjacent Land Use Comments (below):
HOUSING
Information Needs (below):
GREATER ELK RIVER OPEN SPACE PLAN NEEDED
RARE FEATURES
OAK FOREST (CENTRAL) DRY SUBTYPE
Natural Community Status: THREATENED
Quality: BC Date of Information: June 1989
ADDITIONAL INFORMATION
Site Photos:
Site Maps: Topographic Map;
# of Vegetation Plots (Releves): 0
Plant Data;
, :~~ ';" .:...:
II
.
MINNESOTA HISTORICAL SOCIETY
May 6, 1994
Mr. Richard C. Foster
Riverside Development Company
P. O. Box 279
Elk River, Minnesota 55330
Dear Mr. Foster:
Re: Mexed commercial/residential development
W/2 NW/4 S26 & NW/4 S27, T33, R26, Elk River, Sherburne County
SHPO Number: 94-2318
Thank you for contacting our office during the preparation of an EAW for the
above referenced project.
There are no reported historic properties in the project area, and we feel
that the probability of any unreported properties is low. Therefore, based on
available information, we conclude that project is unlikely to affect any his-
toric properties.
.
Please note that this comment letter does not address the requirements of
Section 106 of the National Historic Preservation Act of 1966 and 36CFR800,
procedures of the Advisory Council on Historic Preservation for the protection
of historic properties. If this project is considered for federal assistance,
or requires a federal license or permit, it should be submitted to our office
with reference to the appropriate federal agency.
Please contact Dennis Gimmestad at 612-296-5462 if you have any questions
regarding our review of this project.
Sincerely,
'So..-J V(j.J,A.-' -y-, J ovuVo...(A.....-
~V Britta L. Bloomberg
Deputy State Historic Preservation Officer
BLB:dmb
.
:i.1:i l\.i':I,J'()CC BOUI,EVAH1) "lEST / SAINT I)Alil.. MIi'\]\E~()TA ;')5ItJ2-1906/ TEI,EI'II()1\'E: (1}2-2tJ(,-6126
DEPARTMENT OF THE ARMY
ST. PAUL DISTRICT, CORPS OF ENGINEERS
1 DO FIFTH STREET EAST
ST. PAlK., MINNESOTA. 55101.11138
December 7, 1993
REPLY TO
AnENTIQNOF
construction-Operations
Regulatory (94-00601-NW-GAE)
Mr. Rick Foster
Riverside DevelopmeGt
241 Main Street
Elk River, Minnesota 55330
Dear Mr. Foster:
We have reviewed the information provided us about the project proposed
by Riverside Development to grade and fill 0.24 acre of an isolated wetland
basin to facilitate the construction.of a road (193rd Avenue) as part of a
proposed subdivision (Hillside Estates, Second Addition). The project site is
in the NE 1/4 Section 27, T. 33 N., R. 26 W., of Sherburne County, Minnesota.
This work is eligible for authorization by a Department of the Army
nationwide permit referenced below and described in the enclosures, provided
the enclosed conditions are followed.
(.
This determination covers only your project as described above. If the
design, location, or purpose of the project is changed, you should contact us
to make sure the work would not result in a violation of Federal law.
It is your responsibility to ensure that the work complies with the terms
of this letter and the enclosures. IT IS YOUR RESPONSIBILITY TO OBTAIN ALL
REQUIRED STATE AND LOCAL PERMITS AND APPROVALS BEFORE YOU PROCEED WITH THE
WORK.
If you have any questions, please call Gary Elftmann of this office at
(612) 290-5355.
Enclosures
L~EE)~
(/- - Chief, Regulator anch
construction-operations Division
Determination: 33 CFR 330, Appendix A, Nationwide permit number (26).
Copy furnished:
Mr. Jon Bogart
John Oliver and Associates, Inc.
580 Dodge Avenue
4It Elk River, Minnesota 55330
Minnesota Department of Natural Resources, St. CIGud 0ffice
.
~~T~\i~@LJc%
~LNDEPARTMENT OF NATURAL RESOURCES
AUG 1 9 1994
500 LAFAYETIE ROAD . ST. PAUL, MINNESOTA . 55155-40
10
DNR INFORMA liON
(612) 296-6157
August 15, 1994
Stephen Rohlf
Elk River Building & Zoning Administrator
13065 Orono Parkway
Elk River, MN 55330
RE: Hillside Estates & Hillside Crossing .
Environmental Assessment Worksheet (EA W)
Dear Mr. Rohlf:
The Department of Natural Resources (DNR) has'reviewed the EA W for the Hillside Estates and
Hillside Crossing project. We offer the following comments for your consideration.
The legal land description provided in Item 5 requires clarification because it appears that part of the
project is located in Section 27, T33N, R26W.
Item 6 details measures which will be taken to protect trees. We encourage these efforts and recommend
thatthe City develop a tree ordinance which will detail activities allowed and prohibited by future
landowners.
. We' are concerned that the project may result in wetland impacts. We have attached for your reference a
map detailing seven wetlands (in ~reen) which may be directly or indirectly impacted from this
development. The EA W text indicates that one of these wetlands will be rmpacted by road fill. The
remaining six wetlands have lots platted through them, which could result in significant impacts by future
landowners from such activities as placing fill for increased yard space or building space, mowing the
wetland, increased runoff reaching the wetland, and entry of runoff which contains herbicides, pesticides,
and fertilizers. W estrongly suggest the placement of permanent conservation easements around each
wetland which includes a 50-foot ve.\letative buffer stnp. Conservation easements are designed to prevent
all activities such as filling and mowmg from occurring, which in turns assists in retaining the current
wildlife benefits of the area. Bill Penning, Fish & Wildlife Environmental Assessment Biologist, is
available at (612) 297-4219 to provide more information in this regard.
Furthermore, Item 12 indicates that most of the runoff from the site will eventually enter natural
wetlands. We strongly recommend pretreatment of all stormwater runoff prior to discharge into natural
waterbodies. Water retention should be designed so there is no net increase in runoff following
development. Treatment pond designs should meet National Urban Runoff Program (NURP) standards
because this will improve water quality and reduce the stormwater "bounce" in the natural wetlands. The
creation of additional impervious surface and decreased infiltration rates heightens our concerns in this
regard because untreated stormwater or unmanaged bounce could convert the wetlands to stormwater
treatment ponds.
The EA W indicates that one wetland lies in the area slated for commercial development. Will this
wetland eventually be filled or turned into a stormwater detention pond?
.one area appears to be wetland and is highlighted in our attachment in yellow. Is this area in fact
etland?
AN EQUAL OPPORTUNITY EMPLOYER
Stephen Rohlf
August 15, 1994
Page 2
.
We appreciate the early contact made with the DNR Natural Heritage and Nongame Research Program
and the subsequent incorporation of the information provided into the EA W. It should be noted that
efforts to save individual trees, although commendable, will not result in the retention of the intact oak
forest as it now exists onsite. These oak forest communities are disappearing in Sherburne County. This
particular forest was referred to as being "A beautiful woods" by the surveyor and the Minnesota County
Biological Survey (MCBS) Ecologist designated it as "one of the better oak forests on the Elk River Ice
Contact Formation."
Thank you for the opportunity to review this document. This project does not require the preparation of
an EnVIronmental Impact Statement (EIS) in our opinion. We look forward to receiving your record of
decision and responses to comments. Minnesota Rules,part 4410.1700, subparts 4 & 5, require you to
send us your Record of Decision within five days of deCIding this action. Please contact Don Buckhout of
my staff, at (612) 296-8212, if you have questions regarding this letter.
Sincerely,
~ cy (J5?~
Thomas W. Balcom, Supervisor
Natural Resources EnVIronmental Review Section
Office of Planning
.
c; Bob Hance
Steve Colvin
Pete Otterson
Jan Shaw Wolff
Bill Penning, FWEAB
Lynn M. Lewis, USFWS
Gregg Downing, EQB
Jeffrey A Gongoll, Phoenix Enterprises, Inc.
#950013-01
ER14.HILLSIDE.DOC
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MINNESOTA HISTORICAL SOCIETY
August 5, 1994
Mr. Stephen Rohlf
City of Elk River
13065 Orono Parkway
Elk River, Minnesota 55330
Dear Mr. Rohlf:
Re: Hillside Estates Residential Subdivision
Hillside Crossing Commercial Subdivision
NW/4 SW/4 S26, T33, R26, Elk River, Sherburne County
SHPO Number: 94-2318
Thank you for providing this office a copy of the Environmental Assessment
Worksheet for the above-referenced project. It has been reviewed pursuant to
responsibilities given to the Minnesota Historical Society by the Minnesota
Historic Sites Act and the Minnesota Field Archaeology Act and through the
process outlined in Minnesota Rules 4410.1600.
There are no properties in the project area that are listed on the National
Register of Historic Places or included in our inventory. In the absence of
reported properties, we have also evaluated the likelihood that unreported
historic or archaeological properties may be present. Although we cannot
state with certainty that there are no significant unreported historical or
archaeological properties within the project area, we feel that the probabil-
ity of such properties being present is low. Therefore, in our opinion, the
"no" response to question 26a is appropriate.
We note that this project has been issued a permit from the U.S. Army Corps of
Engineers (94-00601-NW-GAE). We do not have a record of receiving a
notification of this permit for review, By way of a copy of this letter, we
are requesting that the Corps clarify the status of the Section 106 review of
this project.
Please contact Dennis Gimmestad at 612-296-5462 if you have any questions
regarding our review of this project.
"::'"'~to
-:J". C, "..mo.., ~
Deputy State Historic Preservation Officer
BLB:dmb
345 KELLOGG BOULEVARD WESr! SAINT PAUL, MINNESOTA 55102.1906! TELEPHONE, 612-296-6126
.
RESOLUTION 94-_
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK RIVER REGARDING
THE ENVIRONMENTAL REVIEW PROCESS FOR THE PROPOSED HILLSIDE
ESTATESIHILLSIDE CROSSING PROJECT; RESPONDING TO COMMENTS RECEIVED
ON THE ENVIRONMENTAL ASSESSMENT WORKSHEET; SETTING FORTH THE CITY
COUNCIL'S FINDINGS OF FACT REGARDING THE NEED FOR AN ENVIRONMENTAL
IMPACT STATEMENT; AND DECLARING THAT THE PREPARATION OF AN
ENVIRONMENTAL IMPACT STATEMENT IS NOT NECESSARY
WHEREAS, Phoenix Enterprises, LLC (the developer) proposes to
construct a mixed Single-Family Residential/Commercial Development (the
. project) consisting of approximately 286 unattached, single-family lots and
206,800 square feet of Commercial buildings on approximately 196 acres of
land located east of Highway 169, and adjacent to 193rd Avenue in the City
of Elk River (the City); and,
WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subparts
14 and 32 (EQB Rules) the Project requires the preparation of a mandatory
environmental assessment worksheet (EA W) under the Minnesota
Environmental Policy Act (MEPA); and,
WHEREAS, the Developers supplied data on the Project to the City
and the City, as the responsible governmental unit (RGU) under EQB Rules,
prepared and EA W as required by the EQB Rules; and,
.
.
WHEREAS, the EA W was mailed to the Environmental Quality Board
(EQB); notice of availability of the EA W was published on July 18, 1994, in
the EQB monitor; a press release was given to the Elk River Star News on
July 13, 1994, and was published in said paper on July 20, 1994; posted
notice was given at the Elk River Public Library, Elk River Municipal
Utilities office, and Elk River City Hall, on July 13, 1994, and copies of the
EA W were supplied to all persons and agencies on the EQB official EA W
distribution list; and,
WHEREAS, the thirty day period under the EQB Rules for submitting
comments on the EA W expired on August 17, 1994; and,
WHEREAS, comments have been received on the EA W from the
following persons and agencies; which comments are responded to as follows:
.
1.
The Minnesota Department of Natural Resources, by letter
dated August 15, 1994, from Thomas Balcom, commenting that:
a. The DNR encourages the measures detailed in the EA W
to protect trees, but recommends the City develop a tree
ordinance to protect the trees from future landowners.
In response, it is noted that the City is cooperating with
Sherburne County in developing a county tree ordinance.
b.
Six wetlands in the project have lot lines through them.
The DNR is strongly suggesting that conservation
easements which include a 50 foot vegetative buffer strip
be established to prevent activities such as mowing to
retain wildlife benefits.
.
.
.
.
In response, because of liability and maintenance, the
City does not want ownership of wetlands that are not
part of the storm sewer system, therefore, lot lines
running through these wetlands are appropriate. The
City can encourage future lot owners to leave natural
areas around these wetlands and avoid chemical run-off
to them, however, in an urban setting leaving these areas
totally natural may not be appropriate and enforcement of
conservation easements on the multitude of wetlands
within the City would be impractical.
Lastly, the developer has indicated that he will redesign
193rd Avenue to avoid filling the eastern most wetland
identified by the DNR.
c.
Pretreatment of all storm water run-off prior to discharge
into natural water bodies and water retention so there is
no net increase in run-off is recommended.
In response, the developer has indicated that typically the
run-off from the roads and storm sewer system in the
residential area and the commercial area will be directed
to created sedimentation ponds, which will act as
retention areas also. There is a large pond directly
adjacent to the south and east of the project that will be
utilized as a regional storm water pond by the City.
Sedimentation of run-off will be required and the City
acknowledges that an outlet will most likely be needed to
control bounce.
.
.
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d.
Will the wetland in the commercial area be filled or
turned into a storm water retention pond?
In response, no, this pond will remain ...
e. Is the area highlighted in yellow on the attached map a
wetland ?
In response, yes, it is a wetland.
f. It should be noted that efforts to save individual trees will
not result in the retention of the intact oak forest as it
now exists.
In response, the City acknowledges that the area included
in the project will not remain a "Forest". The City will try
to achieve a balanced landscape by preserving significant
natural areas where feasible and practical (typically
outside of the urban service area) through public
ownership.
2.
The Minnesota Historical Society, by letter dated August 5,
1994, from Britta Bloomberg.
a.
No reported properties on the National Register of
Historic Places exist in the project area and the likelihood
of unreported properties is low.
In response, the City will take appropriate action if any
such properties are discovered.
.
b.
Notification of a permit issued by the U.S. Army Corp of
Engineers was not given to the Minnesota Historical
Society.
In response, this notification is the responsibility of
the U.S Army Corp of Engineers. The City is also
reviewing the work in question through the Wetland
Conservation Act and has sent out the appropriate joint
notification.
WHEREAS, all comments received on the EA W have been responded
to appropriately by the Developers and City as RGU; and,
.
WHEREAS, the environmental reVIew process mandated by the
Minnesota Environmental Policy Act and implemented through the EQB
Rules has been followed and this resolution shall be the City's record of its
compliance with the EQB Rules and decision in this matter; and,
WHEREAS, the City, as RGU, shall order the preparation of an EIS if
the Project has the potential for significant environmental effects; and,
WHEREAS, in deciding whether a project has the potential for
significant environmental effects, the City is to apply the criteria set forth in
Section 4410.1700 subpart 7 of the EQB Rules.
NOW, THEREFORE, BASED ON THE INFORMATION GATHERED
DURING THE EAW PROCESS, THE COMMENTS RECEIVED ON THE
EAW AND THE RESPONSES THERETO FROM THE DEVELOPERS AND
. THE CITY, AND THE NEW INFORMATION ON THE PROPOSED
.
PROJECT PRESENTED BY THE DEVELOPERS, THE CITY COUNCIL OF
THE CITY OF ELK RIVER MAKES THE FOLLOWING FINDINGS A FACT
IN THE DECISION ON THE NEED FOR AN EIS FOR THE HILLSIDE
ESTATES/HILLSIDE CROSSING PROJECT:
1. The only potential environmental effects of the Project relate to
noise and air quality concerns as a result of increased traffic; a
loss of the area as an intact forest; and surface water quality as
a result of surface water runoff.
2.
The City will require of the Developer the right-of-way for the
reconstruction of 193rd Avenue to accommodate traffic from this
development. Further, as part of the plat approval process of
future phases, the project will pay all costs of on-site traffic
improvements necessary.
.
3. The Project will reduce the impacts of sediment and erosion on
surface water run-off by filtering run-off through
sedimentation ponds prior to discharge to receiving bodies. The
City will require that erosion control be implemented during
construction of each phase according to Best Management
Practices. Retention of storm water and/or outlets to receiving
bodies will also be used to avoid excessive bounce in natural
water bodies.
4. Efforts will be made to preserve trees and control oak wilt in the
project area.
.
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5.
For the reasons set forth in this resolution, the Project does not
have the potential for significant environmental effects as
defined in Section 4410.1700 subpart 7 of the EQB Rules. All
potential environmental effects have been identified in the EAW
and will be addressed in the plat approval for each phase of the
Project and other state and federal permits required for the
Project.
6. Therefore, the Project does not reqUITe preparation of an
environmental impact statement.
The foregoing resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution:
.
The following voted against:
The following were absent:
Whereupon the resolution is adopted.
Passed and adopted by the City Council of the City of Elk River this 12th day
of September, 1994.
Henry A. Duitsman, Mayor
ATTEST:
.
Sandra A. Thackeray, City Clerk