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6.1. SR 06-18-2007 REQUEST FOR ACTION To Ci Council Agenda Section Community Development Meeting Date June 18,2007 Item Number 6.1. Prepared by Rebecca Hang, Environmental Administrator Reviewed by Lori ohnson, Ci Administrator Reviewed by Item Description Resolution Regarding the Environmental Assessment Worksheet for the Tiller Corporation Sand and Gravel Mining Facility Action Requested The Council is asked to approve the resolution regarding the Environmental Assessment Worksheet for the Tiller Corporation Sand and Gravel Mining Facility. Backvound/Discussion Staff feels that the Environmental Assessment Worksheet (EA W) accurately describes the project and the potential environmental effects. Mitigation measures to reduce the environmental effects have been identified by the EA W and will be incorporated into the plans for the project. Staff is recommending a negative declaration on the need for an EIS for the Tiller Corporation request. A resolution to this effect is attached. Included in your packet is a copy of the Environmental Assessment Worksheet (EA W) for the Tiller Corporation Sand and Gravel Mining Facility request. The purpose of the EA W is to describe the project and gather information to identify any potential environmental effects. The City Council for the City of Elk River is the Responsible Governmental Unit (RGU) charged with determining from the information gathered through the EA W process, whether or not this project has significant potential to cause irreversible environmental effects. If the Council feels there is a significant potential to cause irreversible environmental effects, they shall order an Environmental Impact Statement (EIS) be prepared for the project. To make their decision, the Council will consider the following information: the EA W itself, comments received on the EA W, and the responses to the comments received. The Council shall order an Environmental Impact Statement be prepared if they detennine that the impacts that may reasonably be expected by the project have the potential for significant environmental effects. The Council shall consider the impacts of the project under the following ctiteria: . type, extent, and reversibility of the environmental effects; . cumulative potential effects of related or anticipated future projects; . the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and . the extent to which environmental effects can be anticipated and controlled as a result of other environmental studies. C:\Documents and Settings\ijohnson\Local Settings\Temporary Internet Files\OLK49\Action Requested,doc The applicant held two public meetings to discuss the EA W. The first meeting was held on February 6, 2007 and the second on May 14, 2007. At the February 6th meeting, only staff and the applicant were present. At the May 14, 2007 meeting, three residents attended. No written comments were received on this EA W. This area is adjacent to property which was included in the 1994 EIS Gravel Mining Study. Financial Impact N/A Attachments . Copy of the Tiller Corporation Sand and Gravel Mining Facility EA W . Resolution Regarding the Tiller Corporation Sand and Gravel Mining Facility EA W Action Motion by_ Second by _ Vote Follow Up C:\Documents and Settings\jjohnson \Local Settings\ Temporary Internet FiJes\OLK49\Action Requested.doc APRIL 2007 ENVIRONMENTAL ASSESSMENT WORKSHEET TILLER CORPORATION SAND AND GRAVEL MINING FACILITY ELK RIVER, MINNESOTA Consulting Civil Engineers Sunde Engineering, PLLC 10830 Nesbitt Avenue South • Bloomington, Minnesota 55437-3100 Phone: (952) 881-3344 • Fax: (952) 881-1913 • E-Mail: info@sundecivil.com Revised 2/05 EAW NVIRONMENTALSSESSMENTORKSHEET Note to preparers: This form is available at http://www.eqb.state.mn.us.EAW Guidelines will be available in Spring 1999 at the web site. The Environmental Assessment Worksheet provides information about a project that may have the potential for significant environmental effects. The EAW is prepared by the Responsible Governmental Unit or its agents to determine whether an Environmental Impact Statement should be prepared. The project proposer must supply any reasonably accessible data for — but should not complete — the final worksheet. If a complete answer does not fit in the space allotted, attach additional sheets as necessary. The complete question as well as the answer must be included if the EAW is prepared electronically. Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period following notice of the EAW in the EQB Monitor. Comments should address the accuracy and completeness of information, potential impacts that warrant further investigation and the need for an EIS. Project title 1. Tiller Corporation Sand and Gravel Mining Operation ProposerRGU 2. Tiller Corporation 3. City of Elk River Contact person Mike Caron Contact person Rebecca Haug Title Director of Land Use Affairs Title Environmental Administrator Address PO Box 1480 Address 13065 Orono Parkway City, state, ZIP Maple Grove, MN 55311-6480 City, state, ZIP Elk River, MN 55330 Phone 763-425-4191 Phone 763-635-1068 Fax 763-425-7153 Fax 763-635-1090 E-mail mikec@tillercorp.com E-mail rhaug@ci.elk-river.mn.us Reason for EAW preparation 4. (check one) ____ EIS scoping X Mandatory EAW ____ Citizen petition ____ RGU discretion ____Proposer volunteered If EAW or EIS is mandatory give EQB rule category subpart number 4410.4300 Subpart 12. Item B and subpart name Non Metallic Mineral Mining. Project location 5. County Sherburne City/Township Elk River NE ¼ SE ¼ Section 21 Township 33 North Range 26 West Attach each of the following to the EAW: County map showing the general location of the project (See attached Figure 1); U.S. Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (photocopy acceptable); (See attached Figure 2) Site plan showing all significant project and natural features.(See attached Figures 3,4) Description 6. a. Provide a project summary of 50 words or less to be published in the EQB Monitor. The project involves the extraction and processing of aggregates from a 20 acre parcel of property (subject property) adjacent to an existing sand and gravel mining operation. Stripping, extraction, limited processing and reclamation activities will occur on the proposed expansion area. Mining and reclamation of the property will facilitate overall end use grades of the area. b. Give a complete description of the proposed project and related new construction. Attach additional sheets as necessary. Emphasize construction, operation methods and features that will cause physical manipulation of the environment or will produce wastes. Include modifications to existing equipment or industrial processes and significant demolition, removal or remodeling of existing structures. Indicate the timing and duration of construction activities. The proposed project involves adding approximately 20 acres to an existing mining operation owned and operated by Tiller Corporation (Tiller). The project will allow the removal of a deposit of sand and gravel that will be processed into construction aggregates to serve the growing demand within the local area and the City of Elk River. Mining the additional twenty acres will improve overall end use grades for the area. Portions of the existing site have been in operation since the 1950’s. The existing operation, as well as several other operations in the vicinity, were the subject of an Elk River Mining District Environmental Impact Statement completed in June, 1994. Initially the subject parcel was included within the gravel mining district boundary, but was removed because it was not controlled by a mining operator at that time. Active mining will begin by stripping topsoil and overburden from the site using scrapers and dozers. Extraction of the aggregate deposit will be accomplished with loaders working from the floor of the existing mining operation. A primary crushing unit will be operated adjacent to the active face on the floor of the mining operation. Equipment will be placed to insure compliance with both daytime and nighttime noise standards. Material will be conveyed to Tiller’s main operations and stockpiling area located to the northwest of the subject parcel for further processing. Product stockpiling will also occur in the existing processing and operations area and all hauling of aggregates will occur from the main processing area. There will be no access to Proctor Road NW which abuts the subject property to the east, from the proposed expansion area during the mining operation. This project will not impact the number of trucks trips to and from the facility. Truck traffic is a function of demand. The project is expected to increase the overall life of the facility by approximately 5-10 years. The actual increase will depend upon market demand. c. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need for the project and identify its beneficiaries. The purpose of the project is to provide aggregate material for use in various construction materials and projects throughout the northwestern metropolitan area. The aggregate produced from this site will be used for roads and buildings in both the public and private sectors. Aggregate from the site may be used in the construction of bituminous asphalt, ready-mix concrete, aggregate base, general fill and ice control. d. Are future stages of this development including development on any outlots planned or likely to happen? __Yes _X_No If yes, briefly describe future stages, relationship to present project, timeline and plans for environmental review. e. Is this project a subsequent stage of an earlier project? _X_Yes __No If yes, briefly describe the past development, timeline and any past environmental review. The subject property is adjacent to an existing mining facility owned and operated by Tiller. The existing operation as well as several other properties were the subject of an Elk River Mining District Environmental Impact Statement completed in June, 1994. Initially the subject parcel was included in the gravel mining district boundary, but was ultimately removed because it was not controlled by a mining operator. Portions of the existing operation have been active since the 1950’s. Project magnitude data 7. Total project acreage: 36.6 A (19.53 A of which will be actively mined. The remainder of the parcel will be setback and buffer area.) Number of residential units: unattached NA attached NA maximum units per building NA Commercial, industrial or institutional building area (gross floor space): total square feet NA Indicate areas of specific uses (in square feet): Office Manufacturing Retail Other industrial 19.53 A* Warehouse Institutional Light industrial Agricultural Other commercial (specify) Building height ** If over 2 stories, compare to heights of nearby buildings *Aggregate mining ** While there will be no large buildings on site, there may be aggregate and overburden stockpiles on the site. The height of these stockpiles may be up to 40 feet. The stockpiles will be located on the pit floor approximately 90 feet below existing grade and should not be visible to homes to the east or south of the site. Nearby buildings are residential structures that are 15 to 25 feet high. 8. Permits and approvals require d. List all known local, state and federal permits, approvals and financial assistance for the project. Include modifications of any existing permits, governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and infrastructure. Unit of Government Type of Application Status City of Elk River Rezoning applied for City of Elk River Mining CUP applied for MPCA Air Emission Permit obtained MPCA NPDES Permit obtained Land use. 9. Describe current and recent past land use and development on the site and on adjacent lands. Discuss project compatibility with adjacent and nearby land uses. Indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazards due to past site uses, such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous liquid or gas pipelines. The current and recent past land use at the site is brush/grassland/woodland. The site is currently zoned Single Family Residential (R1a). The portion of the site to be mined is located in a rural residential future land use category. The southern portion of the site, which is not to be mined, is located in an open space future land use category. The future land use category map for the City of Elk River indicates that the portion of the site proposed to be mined lies within the Mineral Extraction Overlay District as defined by the City of Elk River (Figure 5). The land use map was adopted on August 16, 2004 as part of the Comprehensive Plan Update. The map guides the current and future land uses of the city through the year 2025. The land use map provides the foundation for the zoning of parcels within the city. Rezoning of the subject parcel to Mineral Extraction Overlay District, consistent with the future land use map, will be required as part of the project approvals. Land use surrounding the site is residential single family housing to the south and east of the subject parcel. Aggregate mining occupies the adjacent property to the west, north and northeast of the subject parcel. There is a high pressure natural gas pipeline within the Proctor Road right-of-way. The gas line is located along the east side of the right-of-way and will not be impacted by the proposed project. The pipeline is owned and operated by CenterPoint Energy. Cover types. 10. Estimate the acreage of the site with each of the following cover types before and after development: Cover Type Before Mining After Mining and Reclamation Types 1-8 wetlands 0 A Wooded/Forest 18.49 A 10.69 A Brush/Grassland 18.11 A 25.91 A Cropland 0 A 0 A Lawn/Landscaping 0 A 0 A Impervious surfaces 0 A 0 A Other (describe) 0 A 0 A Total36.6 A 36.6 A BeforeAfter If and totals are not equal, explain why: Fish, wildlife and ecologically sensitive resources 11. a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimize or avoid impacts. An Oak forest native community is located immediately west of the southern portion of the subject parcel and partially within the southern and western portions of the existing sand and gravel facility. Although the project will not directly impact this woodland community, indirect impacts from runoff and the introduction/spread of invasive species should be considered. Runoff from the proposed mining area will be controlled and contained on site through the implementation of Best Management Practices as outlined in the site’s Stormwater Pollution Prevention Plan. Untreated stormwater contacting exposed soils will not be discharged off site. These practices include silt fence, stormwater diversion berms, establishment of vegetation, temporary sedimentation basins and infiltration areas and vegetation of reclaimed areas. The City of Elk River has acquired and designated the area south and west of the existing facility as parkland. This parkland contains the majority of the Oak forest native community and will be managed in accordance with the City’s management plan to minimize invasive species impacts. There are a number of isolated wetland basins within other portions of the park area that provide a diverse habitat for wildlife. The City is also acquiring the southern portion of the subject parcel for parkland purposes. b. Are any state-listed (endangered, threatened or special concern) species, rare plant communities or other sensitive ecological resources such as native prairie habitat, colonial waterbird nesting colonies or regionally rare plant communities on or near the site? _X_Yes __No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources has been conducted and describe the results. If the DNR Natural Heritage and Nongame Research program has been contacted give the correspondence reference number: ERDB 20070327. Describe measures to minimize or avoid adverse impacts. The DNR Natural Heritage and Nongame Research program was contacted for a review of the MN Heritage data base to determine if any rare plant or animal species are known to occur within approximately one mile of the site. The database also includes information regarding native plant communities, noteworthy geologic features and animal aggregates. The review indicates that there have been two observations of a Blandings Turtle, a state threatened species within approximately 1 mile of the subject parcel. Blandings Turtles live in shallow wetland areas and nest in sandy uplands, up to 1 mile from wetlands. The subject property is not within one of fifteen known concentration priority areas determined by the DNR to be relied upon to maintain the species’ security within the state. However, the DNR recommends that certain guidelines be followed during all construction activity in the area. The Red Shouldered Hawk, a special Concern Species, and a Uncas Skipper, an endangered butterfly, has also been observed within approximately 1 mile of the subject property. However, based upon the review by the Minnesota Department of Natural Resources, these elements are not likely to be impacted by the proposed project. A copy of the MNDNR review letter and the list of recommended measures for avoiding and minimizing impacts to Blandings Turtle are included as Attachment 1. Physical impacts on water resources. 12. Will the project involve the physical or hydrologic alteration — dredging, filling, stream diversion, outfall structure, diking, and impoundment — of any surface waters such as a lake, pond, wetland, stream or drainage ditch? __Yes X No If yes, identify water resource affected and give the DNR Protected Waters Inventory number(s) if the water resources affected are on the PWI: . Describe alternatives considered and proposed mitigation measures to minimize impacts. Water use. 13. Will the project involve installation or abandonment of any water wells, connection to or changes in any public water supply or appropriation of any ground or surface water (including dewatering)? __Yes X No If yes, as applicable, give location and purpose of any new wells; public supply affected, changes to be made, and water quantities to be used; the source, duration, quantity and purpose of any appropriations; and unique well numbers and DNR appropriation permit numbers, if known. Identify any existing and new wells on the site map. If there are no wells known on site, explain methodology used to determine. No new wells will be installed onsite. Material extracted from the expansion area will be conveyed to an aggregate processing area in the adjacent existing mining operation. The existing mining facility operates a washplant. The well associated with the washplant operates under DNR Water Appropriations Permit # 1991-3086. There is also a potable well located in the operations area which serves the scale building. The proposed additional mining area will not impact or require any changes to the existing permit. Water-related land use management district. 14. Does any part of the project involve a shoreland zoning district, a delineated 100-year flood plain, or a state or federally designated wild or scenic river land use district? __Yes X No If yes, identify the district and discuss project compatibility with district land use restrictions. The Flood Insurance Rate Map for Sherburne County indicates the site is not located within any delineated 100-year flood plain. The site does not fall within a shoreland zoning district or a state or a federally designated wild or scenic river land use district. Water surface use. 15. Will the project change the number or type of watercraft on any water body? __Yes X No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other uses. Erosion and sedimentation. 16. Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres 20; cubic yards 400,000 cy net quantity of material to be removed. Describe any steep slopes or highly erodible soils and identify them on the site map. Describe any erosion and sedimentation control measures to be used during and after project construction. The on site soils are in general susceptible to erosion. Historically, they have been subjected to wind and water erosion, with between one-third and two-thirds of the original surface layer removed from erosion. Slopes on the subject property range from 2-18%, with the majority of slopes less than 10%. Mining will create steeper slopes with an excavation face of 1.5:1 (Horizontal to vertical). Erosion from the excavation slopes is inconsequential. Surface water drainage from active mining areas will be directed to low areas within the Tiller mining operation. Collected surface water infiltrates into the underlying soils and/or evaporates and there is no site discharge. Surface water drainage will not be directed off-site. As part of restoration, excavated slopes will be backfilled to a maximum of 4:1 (25%). Reclamation grades over the entire subject parcel will range from 2% - 25%. Reclaimed slopes will be covered with topsoil and seeded to establish vegetation and stabilize the surface. Water quality: surface water runoff 17. a. Compare the quantity and quality of site runoff before and after the project. Describe permanent controls to manage or treat runoff. Describe any stormwater pollution prevention plans. Both the quantity and quality of site runoff will remain similar before and after construction. During active mining, the runoff from the subject property will be managed internally and will not drain off the site. The existing mining facility operates under a Minnesota NPDES permit for gravel mining facilities. The Storm Water Pollution Prevention Plan (SWPPP) for the existing site will be amended to include the subject property. The SWPPP includes best management practices including spill prevention, fuel storage, erosion control and eliminating site discharges of stormwater. b. Identify routes and receiving water bodies for runoff from the site; include major downstream water bodies as well as the immediate receiving waters. Estimate impact runoff on the quality of receiving waters. The site is located within the Elk River Watershed that ultimately drains to the Mississippi River. During active mining, stormwater will be handled internally. Sedimentation basins, diversion berms, silt fence and other appropriate controls are actively utilized to control sedimentation and treat stormwater. After final reclamation of the subject property and the existing mining facility, reclamation grades will direct water to the west towards several small landlocked isolated wetland basins, with overflow continuing to the west under the abandoned Great Northern railbed into a small creek that is tributary to Elk River. Elk River eventually flows into the Mississippi River located approximately 2.5 miles south of the subject property. Water quality: wastewaters 18. a. Describe sources, composition and quantities of all sanitary, municipal and industrial wastewater produced or treated at the site. Operations on the subject parcel will not generate any sanitary or municipal or industrial wastewater. The existing facility generates washwater discharge from the washing operation and small quantities of sanitary wastewater. b. Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment. Identify receiving waters, including major downstream water bodies, and estimate the discharge impact on the quality of receiving waters. If the project involves on-site sewage systems, discuss the suitability of site conditions for such systems. The existing permitted facility generates industrial wastewater from the aggregate washing process. The washing process does not utilize any chemicals. Washwater discharge is directed into a series of sedimentation ponds and the water is recycled back into the plant. Washwater is not discharged off- site. There is an office with a septic tank and drainfield located within the processing area of Tiller’s existing facility. c. If wastes will be discharged into a publicly owned treatment facility, identify the facility, describe any pretreatment provisions and discuss the facility's ability to handle the volume and composition of wastes, identifying any improvements necessary. NA d. If the project requires disposal of liquid animal manure, describe disposal technique and location and discuss capacity to handle the volume and composition of manure. Identify any improvements necessary. Describe any required setbacks for land disposal systems. NA Geologic hazards and soil conditions 19. a. Approximate depth (in feet) to ground water: 143’ minimum 160’ average before mining Approximate depth (in feet) to ground water: 60’ minimum 63’ average during mining* Approximate depth (in feet) to ground water: 115’ minimum 130’ average after reclamation* to bedrock: 370’ minimum 390’ average before mining to bedrock: 290’ minimum 295’ average during mining* to bedrock: 345’ minimum 360’ average after reclamation* *Over the actively mined portion of the subject property Describe any of the following geologic site hazards to ground water and also identify them on the site map: sinkholes, shallow limestone formations or karst conditions. Describe measures to avoid or minimize environmental problems due to any of these hazards. There are no known sinkholes or shallow limestone deposits or karst conditions at this site. The first bedrock unit beneath the glacial deposits is the Eau Claire Formation, consisting of alternating sandstone and shale layers. The Eau Claire formation is generally considered a confining unit. b. Describe the soils on the site, giving NRCS (SCS) classifications, if known. Discuss soil granularity and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils. Discuss any mitigation measures to prevent such contamination. According to the Sherburne County Soil Survey, the predominant soil types located on the site are fine sandy loams, sandy loams, and loamy sands. The subject property is comprised predominantly of the Emmert-Hayden complex soils. Chetek sandy loams, Emmert and Chetek soils and Milaca fine sandy loams are also found on site. All of the site soils are granular soils that are well to excessively drained. The majority of site soils have low moisture holding capacity and low natural fertility which are serious limitations for crop production. Granular materials are relatively permeable and can rapidly transmit contaminants through the soil column to the ground water table. Mining activity will not involve the use of chemicals or hazardous substances. There will be no fuel storage on the subject property. All fuel storage associated with the existing operation is in accordance with MPCA standards. Equipment is kept in good repair and routinely maintained. All maintenance follows the company’s spill prevention policies. Used lubricating oil is collected by facility personnel in leak-proof containers and hauled to a central collection point. The site operates under a number of spill prevention and clean up requirements as defined by various federal and state regulations. Company policy regarding spills is that any spill of oil, gasoline, diesel fuel, lubricant, or asphalt cement is to be reported and cleaned up promptly. In addition, “toping-off” tanks of any kind is not allowed under company procedures. This practice helps eliminate accidental spills during materials transfer. Solid wastes, hazardous wastes, storage tanks 20. a. Describe types, amounts and compositions of solid or hazardous wastes, including solid animal manure, sludge and ash, produced during construction and operation. Identify method and location of disposal. For projects generating municipal solid waste, indicate if there is a source separation plan; describe how the project will be modified for recycling. If hazardous waste is generated, indicate if there is a hazardous waste minimization plan and routine hazardous waste reduction assessments. A minimal amount of solid waste is generated at the existing facility. The waste is stored in a dumpster located in the processing area that is picked up on a regularbasis. b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials will lead to a regulated waste, discharge or emission, discuss any alternatives considered to minimize or eliminate the waste, discharge or emission. Toxic or hazardous materials will not be used or present on site. c. Indicate the number, location, size and use of any above or below ground tanks to store petroleum products or other materials, except water. Describe any emergency response containment plans. There will be no fuel storage on the subject property. The existing facility contains three separate fuel tanks. These are all 1,000 gallon double walled above ground storage tanks. The tanks are registered in accordance with MPCA regulations and requirements and covered under Tiller’s existing Spill Prevention, Control and Countermeasure Plan (SPCC Plan). In the event of a release, the site has a spill response kit (absorbent pads, safety supplies, etc.), front- end loaders, skid-steer loaders and material (sand and aggregate) to contain and dike the spill. The facility also has access to the spill response equipment of Tiller’s operating division Barton Enterprises, Inc., which includes over 600 absorbent pads, several pallet loads of absorbent floor dry and containment boom. Traffic. 21. Parking spaces added 0 . Existing spaces (if project involves expansion) 4 . Estimated total average daily traffic generated 0 . Estimated maximum peak hour traffic generated (if known) and time of occurrence. Provide an estimate of the impact on traffic congestion on affected roads and describe any traffic improvements necessary. If the project is within the Twin Cities metropolitan area, discuss its impact on the regional transportation system. The proposed expansion will not impact existing daily or maximum peak hour traffic generation and traffic patterns will not be altered by the project. Traffic levels generated by the existing mining facility are seasonal and vary with market demand. During the mining season, average daily truck trips from the facility is approximately 225. Peak hour usually occurs from 8:00 a.m. to 9:00a.m. or 9:00 a.m. to 10:00 a.m. Trucks leaving the facility during the peak hour are estimated to be 45. Recent improvements to area roads include the lowering and realignment of County Roads 33 and 77 and the construction of an interchange at the intersection of County Road 33 and Trunk Highway 169. The improved County Roads include turn lanes and acceleration lanes and the interchange allows trucks to safely enter and exit Trunk Highway 169. Trucks access the operations and stockpiling area from the new portion of County Road 33. The majority of truck traffic travels easterly on County Road 33 to the interchange at Highway 169. Under Tiller’s existing CUP, drivers are instructed to avoid traveling south on County Road 77 (Proctor Road) or east on County Road 33 unless they are delivering to local projects. Vehicle-related air emissions 22. . Estimate the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. Note: If the project involves 500 or more parking spaces, consult EAW Guidelines about whether a detailed air quality analysis is needed. The proposed action will not result in any increase in vehicle-related air emissions. Current truck traffic levels from the existing Tiller facility will continue at approximately the same daily volume and from the same location. Off road vehicles (front end loaders and other earth moving equipment) will operate on the site; however the small number of equipment (typically two loaders operating at the active face) will not generate enough pollutants to have any impact on air quality. The EIS from the Elk River Gravel Mining District addressed vehicle related air emissions. The EIS concluded that emissions of nitrogen oxides and carbon monoxide can result from truck traffic, but such emissions are limited and not considered a potential problem due to the size and the dispersion potential of the area. (Truck traffic movement and equipment operation on and about the facility site does generate PM10 emissions, see #24 below.) Stationary source air emissions. 23. Describe the type, sources, quantities and compositions of any emissions from stationary sources of air emissions such as boilers, exhaust stacks or fugitive dust sources. Include any hazardous air pollutants (consult EAW Guidelines for a listing) and any greenhouse gases (such as carbon dioxide, methane, nitrous oxide) and ozone-depleting chemicals (chloro-fluorocarbons, hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride). Also describe any proposed pollution prevention techniques and proposed air pollution control devices. Describe the impacts on air quality. Vehicles operating within the site on internal haul roads are the primary source of dust generation. Additional dust may be generated at the mining face from loader operations, the primary crusher, and transporting material from the active mining face to the processing area. Mitigation measures include frequent road watering. A water truck is kept at the existing Tiller site and is readily available for dust control that includes watering internal haul roads on a daily basis. Conveyors will be used to transport the material from the active mine face to the processing area, reducing dust emissions associated with internal truck traffic. In addition, the entire entrance area into the processing and stockpile area, as well as the majority of the stockpile area, is paved. Maintaining existing trees within the mining setback areas also reduces overall dust emissions from the site. Odors, noise and dust. 24. Will the project generate odors, noise or dust during construction or during operation? _X_Yes __No If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on them. Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by operations may be discussed at item 23 instead of here.) This project is not expected to generate any odors. Dust emissions are discussed in item #23 above. The operation of equipment associated with stripping topsoil and extraction, crushing and transport of aggregate will generate noise. Mining and processing will be subject to setbacks established by the City of Elk River Mining Ordinance and voluntary setbacks shown on the plan. The setbacks will help to minimize the impact of noise on nearby residents. The site will comply with the State of Minnesota Noise Standards. The standards establish allowable noise levels measured at nearby residences. The noise standards are given below: MINNESOTA NOISE STANDRADS FOR RESIDENTIAL AREAS Daytime Nighttime LLLL 50105010 60 dBA 65 dBA 50 dBA 55 dBA The Minnesota Standards define daytime hours as 7:00 a.m. to 10:00 p.m. and nighttime hours from 10:00 p.m. to 7:00 a.m. Hours of operation for the site are proposed to be consistent with the existing operation which allows excavation and processing during both daytime and nighttime hours as defined by the MPCA. An analysis of noise impacts from the proposed mining was performed by David Braslau Associates, Inc. The purpose of the analysis was to predict noise levels as mining and processing activities progress through the proposed mining area and identify measures needed in order to meet daytime and nighttime noise standards at the nearest receptors. As part of the analysis, noise levels were monitored at the existing operation and were found to be within daytime standards. Predictions were made based on an analysis of existing topography, proposed grade changes, and distance to the nearest receptors. The analysis found that with the construction of a ten foot high berm within the setback area along Proctor Avenue, the mining and processing activity will be sufficiently shielded to meet the nighttime noise standard. Tiller Corporation will conduct follow-up noise monitoring to demonstrate compliance with state noise standards. In addition, Tiller will be fitting their equipment with strobe light back-up alarms for non-daylight hours and during daylight hours a new back-up alarm recently approved by OSHA and MSHA will be used. The new alarm is a broadband sound back-up alarm that operates at a broader range frequency as opposed to the traditional narrow band backup alarms, characterized by the high pitched beep. The broad range frequency blends into background noise frequencies so that it becomes considerably less distinguishable with distance from the source. Nearby resources. 25. Are any of the following resources on or in proximity to the site? Archaeological, historical or architectural resources? __Yes _X_No Prime or unique farmlands or land within an agricultural preserve? __Yes _X_No Designated parks, recreation areas or trails? _X_Yes __No Scenic views and vistas? __Yes _X_No Other unique resources? __Yes _X_No If yes, describe the resource and identify any project-related impacts on the resource. Describe any measures to minimize or avoid adverse impacts. The site is located near a city park that contains a documented oak forest native plant community. The City is also acquiring the southern portion of the subject parcel to include within their existing Park system. The State Historical Preservation Office was asked to conduct a search of their cultural resources database. No archaeological sites or historic structures were identified in a search of the Minnesota Archaeological Inventory and Historic Structures Inventory for the search area requested. Visual impacts. 26. Will the project create adverse visual impacts during construction or operation? Such as glare from intense lights, lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? __Yes _X_No If yes, explain. Compatibility with plans and land use regulations. 27. Is the project subject to an adopted local comprehensive plan, land use plan or regulation, or other applicable land use, water, or resource management plan of a local, regional, state or federal agency? _X_Yes __No. If yes, describe the plan, discuss its compatibility with the project and explain how any conflicts will be resolved. If no, explain. The proposed project is compatible with local land use plans and regulations. The proposed project is located within the City of Elk River and subject to the City’s Comprehensive Land Use Plan. The future land use map for the City of Elk River designates the area of the proposed project to be mining. The City’s zoning regulations would require that the parcel of property to be mined be rezoned to a Mineral Excavation Overlay. Impact on infrastructure and public services. 28. Will new or expanded utilities, roads, other infrastructure or public services be required to serve the project? __Yes _X_No. If yes, describe the new or additional infrastructure or services needed. (Note: any infrastructure that is a connected action with respect to the project must be assessed in the EAW; see EAW Guidelines for details.) Cumulative impacts. 29. Minnesota Rule part 4410.1700, subpart 7, item B requires that the RGU consider the "cumulative potential effects of related or anticipated future projects" when determining the need for an environmental impact statement. Identify any past, present or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative impacts. Describe the nature of the cumulative impacts and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to cumulative impacts (or discuss each cumulative impact under appropriate item(s) elsewhere on this form). The Environmental Impact Statement prepared for the Elk River Gravel Mining District which encompassed 2,865 acres immediately adjacent to the 36.6 acres of the proposed project, reviewed cumulative impacts for potential environmental effects of mineral extraction relative to noise, air quality, traffic, dust, surface and ground water quality, and disruption of native flora and fauna as well as cumulative impacts related to social and economic issues. The City, as the responsible governmental unit (RGU) for performing the review, concluded that any negative effects could be regulated within the framework of the Conditional Use Permit (CUP) issued for each individual mining operation. The CUP for Tiller’s existing facility includes conditions which address and satisfactorily regulate potential environmental impacts associated with noise, dust, surface and groundwater protection, and site restoration. Other potential environmental impacts. 30. If the project may cause any adverse environmental impacts not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. No other environmental impacts are anticipated. Summary of issues. 31. Do not complete this section if the EAW is being done for EIS scoping; instead, address relevant issues in the draft Scoping Decision document, which must accompany the EAW. List any impacts and issues identified above that may require further investigation before the project is begun. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. Ecologically sensitive resources: An Oak forest native community is located near the proposed site. Although the project will not directly impact this woodland community, indirect impacts from runoff and the introduction/spread of invasive species should be considered. Runoff from the proposed mining area will be controlled and contained on site through the implementation of Best Management Practices as outlined in the site’s Stormwater Pollution Prevention Plan. Untreated stormwater contacting exposed soils will not be discharged off site. These practices include silt fence, stormwater diversion berms, establishment of vegetation, temporary sedimentation basins and infiltration areas and vegetation of reclaimed areas. The majority of the Oak forest native community is located with designated City park land and will be managed in accordance with the City’s management plan to minimize invasive species impacts. Noise: Noise is produced from the mining and processing equipment. The equipment is subject to setbacks from property boundaries and is situated at an elevation several feet below nearby receptors. A noise analysis was completed and concluded that the proposed operation can be conducted in compliance with state noise standards. As operations move toward nearby receptors, additional monitoring will be conducted to ensure compliance. Dust: Dust emissions are predominantly due to vehicular travel on internal unpaved haul roads. Conveyors will be used to transport the excavated material to the operations area for additional processing, minimizing truck travel in the mining operation. The main processing and stockpiling area is hard surfaced and a water truck is maintained on-site and used for frequent watering of internal haul FIGURES ATTACHMENT 1 Minnesota DNR Natural Heritage and Nongame Research Program Database Review Letter