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6.1. SR 11-18-2002City ~ l iver 13065 0rono Parkway Elk River, MN 55330 TO: FROM: DATE: MEMORANDUM Mayor and City Council Stephen Rohlf, Building and Zoning Administrator November 18, 2002 Item # 6.1. SUBJECT: Environmental Assessment Worksheet for Elk River Station Included in your packet is a copy of the Environmental Assessment Worksheet (EAW) for the mixed residential-commercial development of Elk River Station. The purpose of the EAW is to describe the project and gather information to identify any potential environmental effects. For Elk River Station, the City Council for the City of Elk River. is the Responsible Governmental Unit (RGU) charged with determining from the information gathered through the EAW 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 EAW itself, comments received on the EAW, and the responses to the comments received. The Planning Commission reviewed the" pertinent information concerning the EAW and they are not recommending the preparation of an EIS. The Council shall order an Environmental Impact Statement be prepared, if they determine 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 criteria: · 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. RESPONSE TO COMMENTS The following are staff's responses to comments received on the EAW: Minnesota Department of Natural Resources (DNR) - letter dated October 16, 2002 from Kathleen A. Waliace. ~' Phone: 763.441.7420 Fax: 763.441.7425 www. ci.elk-river, mn.us Comments - The project may have localized impacts on natural vegetation, rare or important species and waterbody and wetland impacts. This project will not significantly affect natural vegetation or threatened or endangered species. Wetland impacts can most effectively be addressed through he Wetland Conservation Act process. Greater effects on the natural and human enviro~nent come from the cumulative effects of these projects. Response - Staff concurs that this project by itself does not have potential for significant environmental effects. No wetlands are proposed to be altered for this project. Staff is recommending run-off is treated and retained prior to discharging to natural waterbodies. In addition staff is recommending buffer strips (natural vegetation) are retained adjacent to the large wetland complex to the north of the project. Staff further agrees that the cumulative impacts of projects have a greater potential for significant environmental effects. These cumulative impacts should be identified, as well as mitigated measures 'through the Comprehensive Plan Process (e.g. the transportation plan not causing a reduction in air quality in localized areas, a total dislocation of wildlife, the protection of rare plant communities, etc.). State Historic Preservation Office - letter dated October 15, 2002 from Britta L. Bloomberg. Comment - There are no known properties on the National or State Register of Historic Places and no known or suspecte[l archeological properties in the area that will be affect by this project. This comment letter does not address the requirements of Section 106 of the National Historic Preservation Act. Response - Staff does not know of or suspect any historic or archeological properties in this area. Staff will be contacting the developer requiring Section 106 if they use any federal funding or the project requires a permit or license from the federal government. Minnesota Pollution Control Agency (MPCA) - letter dated October 17, 2002 from Lynne Kolze. Comment - Due to limited resources, MPCA has no specific comments, but their nbt reviewing the EAW does not constitute a waiver of any permits they may require for the project. Response - It is concerning that MPCA no longer has the resources to devote to environmental reviews. Staff will review the project in regards to required MPCA permits. RECOMMENDATION Staff feels that the EAW accurately describes the project and the potential environmental effects. Mitigation measures to reduce the environmental effects have been identified by the EAW and will be incorporated into the plans for the project. Staff and the Elk Rive3 Planning Commission are both recommending a negative " declaration on the need for an EIS on the Elk River Station. A resolution to this effect, which includes findings of fact for this decision, is attached. DNR Fores~rw Fax:651-772-7599 0ct 16 '02 10:46 Minnesota'Department of NamraI Resources 1200 Warner Road ~. Paul, Minnesota 55106 P. 02/02 October I6, 2002 Mr. Stephen Rohlf Building and Zoning Administrator, City .of Elk River Post Office Box 490 Elk River, Minnesota 55330-0490 The Minnesota Department of Natural Rc~ource~ has reviewed the Envimnmental.Asscs~ment Worksheet prepared for the Elk Rivet Station residential and commie/al dcvelopment project, and has the following commerlts. Localized impacts of residential development projects may include alteration or elimination of natutal vegetation, impacts to rare (e.g., threamned or endangered) or important species, and waterbody and wetland impacts. Greater impac~ to the natural and human cnvi~oment come from the cumulative ~ffec'cs of these projects when combined with the effects of similar projects within the county or multi-county arm. This proje.~ wil.1 not significantly affect natm-al vegetation, or threatened or endangered species. Wetland impacks can most effectively be addressed through the Wetland Conservation Act process and we will provide comments through that process. Section 29 ofth© EAW, which should Mdre~s cumulative impacts, appears to be insufficient. The City, as Local Government Uait,'is responsible for the preparation of the EAW, not the developer. As suctk the City should be able to address the issue of cumulative impacts in great dtrra/I. Wc urge the City to assess cumulative effeet~ to the best of its ability. Thank you for the opportunity to review the Euviromental Assessment Worksheet. If you have any questions about this ' project, please contact sta.ffecologist Michael North at 218-828-2433. Sincerely, Kathleen A. Wallace Regional Dkector c,: D. Amder~on W_ Barstad S. Colvin P. Fowler J. Hiebert J. Lamen (EQB) M. North ' D. Stitmett (Ugl:WS) C. Vaeek DNR [nformatSon: 651-296-6157 1-888.-646-6367 TTY: 651-29~-5484 1-800-~57-3929 October 15, 2002 STATE HISTORIC PRESERVATION OFFICE Mr. Stephen Rohlf Building & Zoning Administrator City of Elk River PO Box 490 Elk River, MN 55330-0490 RE: EAW - Elk River Station T32 R26 S11 N-NE, Elk River, Sherburne County SHPO Number: 2002-3957 Dear Mr. Rohlf: Thank you for providing this office with 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 listed on the National or State Registers of Historic Places, and no known or suspected archaeological properties in the area that will be affected by this project. Therefore, in our opinion, the "no" response to question 25a is appropriate. 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 permit or license, it should be submitted to our office with reference to the assisting federal agency. Please contact Dennis Gimmestad at (651) 296-5462 if you have any questions regarding our review of this project. Sincerely, Britta L. Bloomberg Deputy State Historic Preservation Officer Minnesota Pollution Control Agency October 17, 2002 Mr. Steve Ach 12400 Whitewater Drive Suite 120 Minnetonka, MN 55343 Dear Mr. Ach: The Minnesota Pollution Control Agency (MPCA) has received copies of the Environmental Assessment Worksheet (EAW) prepared for the Elk River Station Development in Elk River, Sherburne County, prepared by the city of Elk River, the Resporis!ble Governmental Unit. Due to limited resources available to the MPCA, we have not reviewed the EAW for this project. Therefore, the MPCA has no specific comments to provide regarding the accuracy and completeness of the material contained in the EAW, the potential impacts that may warrant future investigation before the project is commenced, and/or the need for an Environmental Impact Statement on the proposed project. This decision by the MPCA not to review the EAW does not constitute waiver by the MPCA of any pending permits required by the MPCA. Ultimately, it is the responsibility of the project proposer to secure any required permits and to comply with any requisite permit conditions. Pursuant to Minn. R. 4410.1700, subp. 5 (Environmental Quality Board Rules), a copy of the decision on this EAW needs to be sent to the MPCA. Sincerely, Lynne Kolze Project Manager, Environmental Review Unit Operations & Environmental Review Section Regional Environmental Management Division KM:sjs cc: John Peterson, Oakwood Land Development, Inc. Stephen Rohlf, City of Elk River Building & Zoning Administrator 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY) St. Paul · Brainerd · Detroit Lakes · Duluth · Mankato · Marshall · Rochester · Willmar; www. pca.state.mn.us Equal Opportunity Employer · Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. RESOLUTION 02- CITY COUNCIL CITY OF ELK RIVER RESOLUTION REGARDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE ELK RIVER STATION PROJECT A resolution of the City Council of the City of Elk River regarding the environmental review process for the proposed Elk River Station Project; 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, Oakwood Land Development, Inc. and Centex Homes are proposing a mixed residential-commercial development on 70 acres consisting of up to 430 residential units including 300 townhomes, 70 cooperative senior housing units and 60 apartment units and 81,000 square feet of a commercial/retail/office complex; and, WHEREAS, pursuant to Minnesota Rules, Part 4410.4300, Subparts 14.B.(2) 19.D, and 32 (EQB Rules) the Project requires the preparation of a mandatory Environmental Assessment Worksheet (EAW) under Minnesota Environmental Policy Act (MEPA); and, WHEREAS, the City of Elk River, as the responsible governmental unit (RGU) under EQB Rules, prepared an EAW as required by EQB Rules; and, WHEREAS, notice of availability of the EAW was published in the EQB Monitor on September 16, 2002; a press release was given to the Elk River Star News on September 16, 2002; posted notice was given at the Elk River Public Library and Elk River City Hall on September 16, 2002; and copies of the EAW were supplied to all persons and agencies on the EQB official EAW distribution list; and, WHEREAS, comments have been received on the EAW from the Minnesota Department of Natural Resources, by letter dated October 16, 2002, from Kathleen A. Wallace; and the State Historic Preservation Office, by letter dated October 15, 2002, from Britta L. Bloomberg; and the Minnesota Pollution Control Agency, by letter dated October 16, 2002, from Lynne Kolze and, WHEREAS, all substantive comments have been responded to appropriately by the City as RGU in the staff memorandum to the City Council, dated November 18, 2002, from Stephen Rohlf, Building and Zoning Administrator; 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 ElS 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 subparts 6 & 7 of the EQB Rules. NOW, THEREFORE, BASED ON THE INFORMATION CONTAINED IN THE EAW, THE COMMENTS RECEIVED ON THE EAW, AND THE RESPONSES THERETO FROM CITY STAFF IN THEIR MEMORANDUM TO THE COUNCIL DATED NOVEMBER 18, 2002, THE CITY COUNCIL OF THE CITY OF ELK RIVER FINDS THE PROJECT DOES NOT REQUIRE THE PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT FOR THE FOLLOWING REASONS: A. The environmental effects of the Project are minimal. B. The project will be subject to ongoing regulatory authority of the City of Elk River and other state agencies. C. The project will not cause future development. D. Future development in the area of the Project will be subject to the requirements of the EQB Rules and will be subject to the ongoing regulatory authority of the City and other governmental agencies. 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 resolution: The following were absent: Whereupon the resolution is adopted. Passed and adopted by the City Council of the City of Elk River this 18th day of November, 2002. ATTEST: Stephanie Klinzing, Mayor Sandra A. Peine, City Clerk