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5. SR 09-12-1994 I ~'\( ( II !Ii{ River . . 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 . . . 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 . + '. 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 . 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. . 2 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 . 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. . 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 . 3 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 . 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 . 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). 4 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 . 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 . 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 . 5 : 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 6 Minnaou Ez1vironmcnul Quality BOolrd. Revised June 1990. . . . ABSTRACT ~._' 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. . . . 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. . 6. DESCRIPTION '-. 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 * . . . . 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. . . . 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 E~. \\ /1 II /} '\~:-> j/ If ,. ltSarlI \~Vas Wait-'tPa"rk /\ I,' \l v \') em \ . , "11 ... Sherbume National WildlIfe Refu e i I I, I I i " 169 ( fWj .', ,"---) ~-:o, Elk River ", J!.6-9: = (~)\\ )// \ 1\'-' I" ./" ~ ; """ 1.993 DeLormc.Ma Bro( . j LEGEND Scale 1:400,000 (at center) . Town, Small City ... Pork I Interstate, Turnpike :~ US Highway '.POPulotion Center - Major Street/Rood _Interstate Highway = State Route c::=::. US Highway i Open Water 5 Miles SHERBURNE COUNTY Mag 10.00 Wed Jul 0617:04:161994 10 KM ~ffiECl SelL. ~ " ~1"I"FII''''' ~ ... IN ~ J ""Irt _IN . "",_IN tJ,7... .w. w Ub.. Ov. IN ;: V\ a3'ttt Iw. H'W : /w. < ~ ..... . t 2r.'1h ,..".. tN IOO"th Iw'I tN ~ .. " . - 8 ~ ~ I u -.... ~ . PROJECT SITE LOCATION COUNTY MAP B . , , I, /'\ (\ , -1~u , i ''-/1 . '\~'-)' -'<",-'" {'-,' . "/", t~,~-:-, :~~~j,;~:. (' ~..)'f ...., '-..) i <.n_....", Um'. 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','~ . ~o 1_ -~ o z o -< m ([> E 01 --.~ ,..0 :;-00 --' , 0 ro, m ([>0 -<0 ~ 3'" ;p ~ ZO ;p- C) OlW :J: , mo. z -<E W "0'" "ro ;p~ n -<.0 ~C n~ m...... if,..... ,.. ".... o "E --' 3~ ~~ z ZV Olro ([> 00. -<0 ;p, ..-:ro "0 ~. = , v ~w ~.O 00 0 70 - ~~ w 0.0. , w 0. v, lfl '< (') ro E :r ~. "0 ~ n ~ J> v'" _0 ro E ro ,.. ~ . . w " E 0 . " .... 0. .",.. ~ 0 o 3 <:Y " E ro ~ ,~ ro ~ I W ~ , 0 o.c ,.. ro 0. 8 Q (,1 ~ - ~ :>> 8 :i'- 'lj 0 ;; ::r:: ~"O 0. r ::rz --. o ro ro m II ;:j 0 0 < ~ , C) ro 0 01 , ,,.. Z :::E ~~ Cf:J ,..Z~ co o W 00 0 0 ". ~ m '< ....:E -i ;::: ;J> : 0 a. -$- , ,.. r r-' ~ w _ ;to M ~w , z 8 >:0. ro 00 0 ,.. _w (fl W 00 , 0. , '. . ;. ~~T~T~@U~ ~~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 . ~ ;i " . g~ . < , - Q. . , , . ~ e o " , o . o , ~ 0 ~/'-"'- '>~{.':"'< "~;::.. .~" ' ::.,'~'::~~/<\;.1--:',', . ,- .,'v..r'.....I.-J L-. Q)f ,."", ,'i..i. t , ,,~ " . n ,,' ,_. \ W'~" ,.1;'- 'f/~-.;:~-- -4: ..,." ,-_.... Ilt~-- .-~ ., < W " < , . U > . ,~ " 0 , '0" 0 . . H ~ U. . U'. , 03~ . 0- , 0. ~~ ~. . . , . ,. . 0 O~ U" '00 0 ~ '~ . .W " . .oZ o' Z L ., -< . , ,~ 0 0 0 " ,0 ,. , ~ ~ 0 0 ,- ~ ~ -W .0 OW 'U 0 ,- . . .~ . > W 0 - .< .~ ~ . ~o. 0 . 0 f'> , J~ ~ Z . H . , > OW OL '" - -< '-. Oz ~ J., .< ~" "0 , ~. 0_ 0 > U~ L . W ~. ,.. . O. . . . . ..< "" o~ 0 . ,. -. wJ ~-" oJ> w ~ 0 Z 1.:J .~1.- h. ---- " " I :., i, o " ., ~,y;. : /1 ,. ~'.~, _ ' y;-~~! .~! ~ '+,. j'.-, ... -:--. "I '.h."_\ 1\ .'.' 'j ~:::"'~-. ~--._" '~.:""- ;. - ...,~ '" - '~:;'": ,-'~ j ,.1;-: .J.i:....-<.. \ \ '" ','rI .' ." '," i~..:. ~ .L.'.,I"I,' i ~:: ~ ......". _ ...,. -:, l.....~ r"__.,i '~'.:'~'I"" ~"t',:/.,:. ..~,....,\.- .' _ ~.--;'.;.~;.~':C,~~.JI i."e' , ~.,_-..;~....~........... / .=..:~ ..~:;;>, l~~ ~~ ...~"-- ; ~~~ ~/ :~..:.. '< .. ..........=... ~.- "\c.,.... -". ~ -". "~--': --~ ....= --. . ::,'.. :::. ~---_-:'--. '-." - ~--- ~ ~..,;: . ~ - ~~--= --- t.. ~--- .........~~.-...-,j. 'C. ~. ._---, .;.--- , I.,~:;:---.-~~;J,_.~~..~..;-~-~ ._-==--.o.'"~__~:__~ __. ,:-..:;:---_~~.~--- '~-'h .~ ......... -, -.-. -. -., _ _._~....;..,., .;-:-:,... - " ., " " .L.1 . . . 11 ,',G3 1 0 199~ 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. . . . 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. . . 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