1996-12-20 MPCA Indirect Source Permit
Minnesota Pollution Control Agency
r
December 20, 1996
Mr. James A. Morse Jr.
Albertville Factory Outlets, L.L.C.
107 Sinclair Drive
Muskegon, Michigan 49441
Mr. Garrison Hale
City Administrator
P.O. Box 9
5975 Main Avenue Northeast
Albertville, Minnesota 55301
RE: Minneapolis Factory Shoppes
Dear Messrs. Morse and Hale:
Please find enclosed an original signed Indirect Source Permit (ISP) 96-18 for the construction of the
Minneapolis Factory Shoppes development located in Albertville, Minnesota. Also enclosed is a copy of
the fact sheet for the project. In accordance with Minn. R. 7023.9005, subp. 5, and Minn. R. 7002.0055,
subp. 1, fees for permit processing are charged by the Minnesota Pollution Control Agency (MPCA).
The appropriate fees in this case are:
Basic Charge: New permit application $1,605.00
Total: $1,605.00
These fees reflect changes in the fee rule effective September 1992. You do not need to pay the fee until
you receive a bill from the MPCA. A bill in the amount of $1,605.00 will be sent to Mr. Morse. If you
have any questions regarding the ISP or the processing fee, please contact me at (612) 297-2331.
Sincerely,
%-- n
~ ,
Mary Hoffman .
Mobile Source Unit
Program Development and Air Analysis Section
Air Quality Division
MTHak
Enclosures
cc: Mr. David Braslau, David Braslau Associates, Incorporated
J. David Thornton/Barbara Jackson, Air Quality Division
Innocent Eyoh/Susanne Spitzer, Air Quality Division
520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (voice); (612) 282-5332 (TTY)
Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester
Equal Opportunity Employer • Printed on recycled paper containing at least 10% fibers from paper recycled by consumers.
FACT SHEET FOR INDIRECT SOURCE PERNIIT 96-18
NIINNEAPOLIS FACTORY SHOPPES
(hereafter the project)
A. DESCRIPTION OF THE PROJECT
Total Acreage and Pazkins Spaces and Tvnes Location, and Sizes of Land Use:
Acreage: 80 acres
Parking: 2,227 (total new pazking spaces)
Land Uses:
Phase I:
Retail Outlet Center 267,000 square feet (sf)
Phase II:
Additional Retail 75,000 sf
Additional Retail 5,000 sf
Fast Food Restaurant 3,500 sf
Fast Food Restaurant 3,500 sf
Total: 354,000 sf
Location of the Proiect:
City: City of Albertville, Wright County
Site location: Northwest quadrant of County State Aid
Highway (CSAH) 19 and Interstate (I)-94.
Bounded by: (1~ undeveloped property
(S) I-94
(E) CSAH 19
(VV) undeveloped property
Applicant and Co-.permittee:
Applicant: Albertville Factory Outlets, L.L.C.
107 Sinclair Drive
Muskegon, Michigan. 49441
Additional noise will be generated by vehicles making trips to and from the site.
Daytime (7:00 a.m. to 10:00 p.m.): .
Predicted noise levels for the year 2000 post-construction indicate that "build" noise levels are.
projected to be below applicable state standards at all of the receptor sites in the vicinity of the
critical intersections. Predicted year 2000 post-construction increases in vehicular traffic
traveling to and from the proposed site during daytime hours will result in average noise level
increases at nearby residential and commercial receptor sites of less than two decibels over
predicted year 2000 no-build noise levels. In comparison, the average human ear is incapable of
perceiving changes in atime-varying source (like traffic-generated noise) that are less than three
decibels. Based on this analysis, no significant noise impacts are expected to occur as a result of
the proposed project.
Additional noise will be generated by construction equipment during the construction phase of
the project, including preparation of the site for development and actual roadway construction.
Construction phase impacts are expected to be nominal, short term, and restricted to normal work
day hours.
Nighttime (10:00 p.m. to 7:00 a.m.):
Due to the nature of land use, no significant amounts of vehicular traffic are expected to access
the site during the nighttime hours; therefore, no significant nighttime noise impacts are. expected
to occur as a result of the project.
C. BASIS FOR DRAFT PERMIT CONDITIONS
This permit contains standard Special Conditions.
The Special Conditions are required to ensure continued compliance with state. and federal
regulations pertaining to ambient air quality and noise standards.
This permit is issued pursuant to: Minn. Stat. chs. 115 and 116 (1.992), Minn. R. 7001.0010 to
7001.0210 (1993), Rules Relating to Permits, Minn. R. 7023.9000 to 7023.9050 (1993), Rules
Relating to Indirect Source Permits, State Noise Standards set forth in Minn. R. 7030.0010 to
Other Procedures by Which the Public Ma~PartlclDate in the Minnesota Pollution Control
~g~n~'s Consideration of the Permit Application:
The public may telephone or write staff by contacting the person below, to express concerns
relating to maintenance of air quality standards, with respect to adequacy of traffic, noise and
carbon monoxide analysis. Written comments will be considered as part of the final
determination process..
Name, Address. and Telephone Number of Contact Person for More Information:
Mary Hoffman
Minnesota Pollution Control Agency
Air Quality Division
520 Lafayette Road North
St. Paul, Minnesota 55155
Telephone (612) 297-2331
MTHak
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INDIRECT SOURCE PERMIT (ISP) 96-18
to construct
MINNEAPOLIS FACTORY SHOPPES
(hereafter the project)
in the City of Albertville
in Wright County, Minnesota
In accordance with the Minn. Stat. chs. 115 and 116 (1992), Minn. R. 7001.0010 to
7001.0210 (1993), Rules Relating to Permits, Minn. R. 7023.9000 to 7023.9050 (1993), Rules
Relating to Indirect Source Permits, State Noise Standards Set Forth in Minn. R. 7030.0010 to
7030.0080 (1993), and Minn. R. 7011.0150 (1993), A Rule Relating to Control of Fugitive
Particulate Matter, plans are approved and an Indirect Source Permit is hereby issued to:
ALBERTVILLE FACTORY OUTLETS, L.L.C.
(hereafter the first permittee)
107 Sinclair Drive
Muskegon, Michigan 49441
and
THE CITY OF ALBERTVILLE
(hereafter the second permittee)
City Hall
5975 Main Avenue N.E.
Albertville, Minnesota 55301
for construction of the following project under the conditions set forth herein.
TDD (for hearing and speech impaired only): (612)282-5332
Printed on recycled paper containing at least 10% fibers from paper recycled by consumers
PART I. DESCRIPTION
A. Description of the Project
The project is a retail outlet shopping center located in the city of Albertville at the
northwest quadrant of County State Aid Highway (CSAH) 19 and Interstate (I)-94. The
project site is located on approximately 80 acres and is bounded on the north by
undeveloped property, on the south by I-94, on the east by CSAH 19, and on the west by
undeveloped property. The proposed site is currently undeveloped.
The proposed project will be built in two phases. Phase I will consist of a 267,000-square
foot (sf) retail outlet center. Phase II will consist of 80,000 sf of additional retail space,
and two 3,500 sf fast food restaurants. The project will include 2,227 total parking spaces,
with a total of 354,000 sf at build out. Construction of the project is scheduled to begin in
1997 with scheduled completion by 1999.
B. Description of Roadway Improvements
None.
PART II. DEFINITIONS, AUTHORIZATIONS, AND INFORMATION SOURCE
A. Definitions
1. Agency. The term "agency" shall mean the Minnesota Pollution Control
Agency.
2. Authorization of construction. The phrases "the second permittee may
authorize construction" and "receipt of authorization of construction from the
second permittee" mean that the second permittee's City Council may approve
final site plans, or the second permittee's building official may authorize or
allow the issuance of any necessary building or grading permits for
construction.
3. Authorization of occupancy. The term "authorize occupancy" means that the
second permittee may issue an occupancy permit.
4. Builder. The term "builder" shall mean any person or persons with whom a
developer has contracted to commence construction on any portion of any
project covered by this permit for which final site approval has been received
from the second permittee's City Council.
5. Commencement of construction. The term "commencement of construction"
shall have the same meaning given it in Minn. R. 7023.9005, subp. 7.
6. Commissioner. The term "commissioner" shall mean the commissioner of the
agency.
7. Design Changes. A proposed modification of any part of the project described
in Part I. of this permit, including changes in the project affecting timing of
development, trip generation, trip distribution, and/or air quality, such as, but
not limited to, modification of buildings, parking, roadway improvements,
and/or land uses, shall be considered a "design change" if it meets any of the
following criteria:
a. the modification would lead to a material adverse effect on air quality by
altering mobile source activity;
b. the modification would violate any Special Conditions or General
Conditions contained in Parts III. and IV. of this permit; or
c. the modification would: (a) contradict the submitted information
referenced in Part II.D., and (b) lead to a material effect on air quality
by altering mobile source activity.
8. Developer. The term "developer" shall mean any person or persons who are
seeking plan approval from the second permittee for any portion of any project
covered by this permit.
9. Manager. The term "manager" shall mean the manager of the Air Quality
Division of the agency.
B . The Permit Authorized
This permit authorizes the first permittee to construct the project, as described above,
including associated parking spaces, subject to receipt of authorization of construction
from the second permittee, and subject to any limitations and/or additional
requirements contained in the Special Conditions and General Conditions below.
C. Certain Roadway Construction Prohibited
This permit does not authorize construction of any additional roadways needed for the
project that would otherwise require a separate ISP.
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D. Exhibits and Plans
Exhibits and plans that further describe the project are included with the information
submitted to the agency in support of the ISP application. That information includes:
a letter from David Braslau, of David Braslau Associates, Incorporated, on behalf
of the first permittee, to Innocent Eyoh, of the agency, containing the original ISP
application for the project, dated November 18, 1996;
2. a letter from Mr. Braslau, to Mr. Eyoh, containing two minor corrections to the
ISP application for the project, dated November 25, 1996; and
3. the second permittee's city council resolution deeming the Environmental
Assessment Worksheet (EAW) for the project adequate and the EAW Record of
Decision, dated November 4, 1996.
PART III. SPECIAL CONDITIONS
A. Application Assumptions. All of the materials described in Part II.D. were used in
determining the conditions of this permit. Assumptions contained in the ISP
application for the project involving density of land use and/or level of development,
and resultant trip generation, trip distribution, and air quality were used as the basis for
authorization of construction as noted above. Except as permitted in Part III. E. ,
Design Changes, changes in these assumptions are not permitted by this permit.
B. Authorization of Construction. The first permittee is authorized to construct and
operate the project as specified in Parts I. and II., subject to prior receipt of
authorization of construction from the second permittee, and subject to any limitations
and/or additional requirements contained in Parts III. and IV. of this permit.
Modifications of the project as to amounts and types of land uses shall be subject to the
provisions of Parts III.A. and E. if they constitute design changes.
C. No Actions to Violate Permit. The second permittee may authorize construction,
and/or allow construction to proceed once it has commenced, and/or authorize
occupancy, for any portion of the project including associated parking covered by this
permit, only if the conditions of this permit have been met. In addition, each permittee
shall use best efforts to prevent or restrain any employee of the permittee or any person
retained by the permittee on a fee for service basis from knowingly taking actions,
promoting policies, or signing contracts which encourage developers, builders, or
lessees of the properties constructed pursuant to the authority of this permit to violate
the terms of this permit.
D. Notification of Changes. The second permittee°s City Administrator shall notify the
manager at least ten (10) days in advance of the date of any public meeting of the
second permittee°s City Council in which items to be considered would, if enacted in
the form proposed, result in the inability of the second permittee to comply with the
provisions of this permit. In the event that an item is enacted in a form which would
result in the inability of the second permittee to comply with the provisions of this
permit, the second permittee's City Administrator shall notify the manager the next
working day.
E. Design Changes. The permittees shall follow these procedures for design changes:
Before implementing any design change pursuant to Part II.A.7.a., the
permittee desiring the change shall submit the proposed design change to the
manager with such information as the manager may require to determine the
effect of the design change. The permittee shall not implement any design
change without first receiving approval from the manager.
2. Before implementing any design change pursuant to either Part II.A.7.b. or Part
II.A.7.c., the permittee desiring the change shall submit information
demonstrating that the design change does not have a material adverse effect on
air quality by altering mobile source activity. If the manager determines that
the design change sought should be considered instead under Part II.A.7.a., the
permittee desiring the change must follow the procedure of Part III.E.l.
F. Sale to New Developer and/or Builder. The first permittee shall notify the manager in
writing five days in advance of a sale of all or any portion of the project to another
developer and/or builder or of any other act which makes another party the developer
and/or builder of the project.
G. Noise Requirements of Developers and/or Builders, and/or the Permittees. To control
noise at the project, whether or not the second permittee is the developer and/or
builder, the second permittee shall either require all present and subsequent developers
and their builders as a condition of any lease, sale development agreement or grading
and/or building permits on the project, for which the second permittee may authorize
construction, to perform these items, or the second permittee shall perform these items:
1. ensure that all engines and engine-driven equipment used in construction and/or
maintenance of the project are fitted with adequate mufflers that are properly
maintained and in constant operation;
2. comply with any additional requirements of any noise ordinances of the second
permittee; and
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3. comply with any additional requirements of Minn. R. 7030.0010 to 7030.0080.
H. Fugitive Emissions. To control fugitive emissions on the project, whether or not the
second permittee is the developer and/or builder, the second permittee shall require that
all present and subsequent developers and their builders as a condition of any lease,
sale, or development agreement or any grading and/or building permits on the project
for which the second permittee may authorize construction to perform these items, or
the second permittee shall perform these items:
1. spray construction areas and haul roads with water, calcium chloride or other
effective preparations to the extent necessary to minimize fugitive emissions,
especially during periods of steady winds exceeding 30 miles per hour or high
levels of construction activity;
2. wet ramps at the construction site and wash the streets surrounding the
construction site on a daily basis, as necessary, to limit dust reentrainment,
except when the streets are wet from precipitation or when such actions will
result in freezing of the agent liquids during freezing temperatures;
3. apply surface hardening agents, wetting or chemical agents, so they minimize
ground water or surface water contamination to avoid violation of any
applicable water pollution control statute or rule;
4. take any practical measures to prevent avoidable amounts of particulate from
becoming airborne from trucks hauling materials to and from the site;
5. cease particulate-producing activities during periods of steady high winds
exceeding 30 miles per hour; and
6. take any additional measures required by Minn. R. 7011.0150, "Preventing
Particulate Matter from Becoming Airborne. "
Annual Reporting of Land Uses. The second permittee shall submit to the manager an
annual report of the land uses for construction authorized by this permit. The report
shall contain the types of land uses built or under construction, their existing or
anticipated square footage, and the number of associated parking spaces in the project
area. The second permittee shall submit the first report by December 1, 1997, and by
December 1st of each year thereafter, until all project construction is completed. The
second permittee's City Administrator shall send a letter to the manager informing the
agency when all project construction is completed, within 60 days of such completion.
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PART IV. GENERAL CONDITION
A. The agency's issuance of a permit does not release the permittees from any liability,
penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinance,
except the obligation to obtain the permit.
B. The agency's issuance of the permit does not prevent the future adoption by the agency
of pollution control rules, standards, or orders more stringent than those now in
existence and does not prevent the enforcement of these rules, standards, or orders
against the permittees.
C. The permit does not convey a property right or an exclusive privilege.
D. The agency's issuance of a permit does not obligate the agency to enforce local laws,
rules, or plans beyond that authorized by Minnesota statutes.
E. The permittees shall perform the actions or conduct the activity authorized by the
permit in accordance with the plans and specifications approved by the agency and in
compliance with the conditions of the permit.
F. The permittees shall at all times properly operate and maintain the facilities and
systems of treatment and control and the appurtenances related to them which are
installed or used by the permittees to achieve compliance with the conditions of the
permit. Proper operation and maintenance includes effective performance, adequate
funding, adequate operator staffing and training, and adequate laboratory and process
controls, including appropriate quality assurance procedures. The permittees shall
install and maintain appropriate back-up or auxiliary facilities if they are necessary to
achieve compliance with the conditions of the permit, and for all permits other than
hazardous waste facility permits, if these back-up or auxiliary facilities are technically
and economically feasible.
G. The permittees may not knowingly make a false or misleading statement,
representation, or certification in a record, report, plan or other document required to
be submitted to the agency or the commissioner by the permit. The permittees shall
immediately upon discovery report to the commissioner any error or omission in these
records, reports, plans, or other documents.
H. The permittees shall, when requested by the commissioner, submit within a reasonable
time the information and reports that are relevant to the control of pollution regarding
the construction, modification, or operation of the facility covered by the permit or
regarding the conduct or activity covered by the permit.
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I. When authorized by Minn. Stat. §§ 115.04; 115B.17, subd. 4; and 116.091, and upon
presentation of proper credentials, the agency, or an authorized employee or agent of
the agency, shall be allowed by the permittees to enter at reasonable times upon the
property of the permittees to examine and copy books, papers, records, or memoranda
pertaining to the construction, modification, or operation of the facility covered by the
permit or pertaining to the activity covered by the permit; and to conduct surveys and
investigations, including sampling or monitoring, pertaining to the construction,
modification, or operation of the facility covered by the permit or pertaining to the
activity covered by the permit.
J. If the permittees discover, through any means, including notification by the agency,
that noncompliance with a condition of the permit has occurred, the permittees shall
take all reasonable steps to minimize the adverse impacts on human health, public
drinking water supplies, or the environment resulting from noncompliance.
K. If the permittees discover that noncompliance with a condition of the permit has
occurred which could endanger human health, public drinking water supplies, or the
environment, the permittees shall, within 24 hours of the discovery of the
noncompliance, orally notify the commissioner. Within five days of the discovery of
the noncompliance, the permittees shall submit to the commissioner a written
description of the noncompliance; the cause of the noncompliance; the exact dates of
the period of the noncompliance; if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
L. The permittees shall report noncompliance with the permit not reported under
Part IV . K. , General Conditions, as a part of the next report which the permittees are
required to submit under this permit. If no reports are required within 30 days of the
discovery of the noncompliance, the permittees shall submit the information listed in
Part IV.K., General Conditions, within 30 days of the discovery of the noncompliance.
M. The permittees shall give advance notice to the commissioner as soon as possible of
planned physical alterations or additions to the permitted facility or activity that may
result in noncompliance with a Minnesota or federal pollution control statute or rule or
a condition of the permit.
N. The permit is not transferable to any person without the express written approval of the
agency after compliance with the requirements of Minn. R. 7001.0190, subp. 2. A
person to whom the permit has been transferred shall comply with the conditions of the
permit.
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O. The permit authorizes the permittees to perform the activities described in the permit
under the conditions of the permit. In issuing the permit, the state and agency assume
no responsibility for damage to persons, property, or the environment caused by the
activities of the permittees in conduct of its actions, including those activities
authorized, or undertaken under the permit. To the extent the state or agency may be
liable for the activities of its employees, that liability is explicitly limited to that
provided in the Tort Claims Act, Minn. Stat. §3.736.
P. Compliance with a Resource Conservation and Recovery Act (RCRA) permit during its
term constitutes compliance, for purposes of enforcement, with subtitle C of RCRA
except for those requirements not included in the permit which:
become effective by statute;
2. are adopted under Minn. R. 7045.1300 to 7045.1380, restricting the placement
of hazardous wastes in or on the land; or
3. are adopted under Minn. R. 7045.0450 to 7045.0548 regarding leak detection
systems for new and replacement surface impoundment, waste pile, and landfill
units, and lateral expansions of surface impoundment, waste pile, and landfill
units. The leak detection system requirements include double liners,
construction quality assurance programs, monitoring, action leakage rates, and
response action plans, and will be implemented through the procedures of
Minn. R. 7001.0730, minor permit modifications.
Q. Approval to construct or modify shall become invalid if construction or modification of
the indirect source is not commenced within 24 months after receipt of the approval.
The agency may extend this time period upon a satisfactory showing that an extension
is justified. The permittees may apply for an extension at the time of initial application
or at any other time thereafter.
Dated: ~~-I:~~f ~~ ~
Barbara ckson, Supervisor
Mobile Sources Unit
Air Quality Division
for: PEDER A. CARSON
Commissioner
Minnesota Pollution Control Agency
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