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2004-10-15 EAW Record of Decision LETTER OF TRANSMITTAL Meyer-Ro ln, Inc . o 0 Date: 10/15/04 Engineers & Land Surveyors Fax: (763) 682-9492 Job#: 04115EAW 1111 State Hwy. 25 N, Suite 205 Phone: (763) 682-1781 Buffalo, MN 55313 (800) 563-1781 Email: info mri~abwig.net To: Larry R. Kruse City of Albertville Mail To: P.O. Box 9 Albertville, MN 55301 From: Dwight R. Gunnarson Project Engineer RE: Hunter's Pass EAW Record of Decision Or Ship To: 5975 Main Avenue N.E., Suite Albertville, MN 55301 We are sending you: 1 Attached Concept Adder¢da Plans Change Order Specifcntions COPIES REV. DATE # of PGS DESCRIPTION 1 10/14/04 15 ROD THESE ARE TRANSMITTED as checked below: 0 For Approval ~ For Your Ilse ~ As Requested ~ For Review and Comment Remarks: Larry, Here is the Record of Decision for the Hunter's Pass Estates EAW. Copy To: gob Mobera AI Brixious Matt Froelich ~ If enclosures are nqd as noted, kindly noligy us ut once. ~'j~'N~+~~ Copy To: Friday, October I5, 2004 Created by Dwight R. Gunnarson ` Record of Decision City of Albertville RECORD OF DECISION ADMINISTRATIVE BACKGROUND The City of Albertville is the responsible governmental unit (RGU) for this project. An Environmental Assessment Worksheet (EAW) has been prepared for this project as prescribed by environmental review requirements. Minnesota Rules Chapter 4410.1000 Subp.3 requires a Discretionary EAW be prepared for the proposed project when the governmental unit with approval authority over the project determines that, because of the location (shoreland district) of the proposed project, the project may have potential for significant environmental effects. Albertville prepared the EAW. The EAW was filed with the Minnesota Environmental Quality Board (MEQB) and circulated for review and comments to the required EAW distribution list. A Notice of Availability was published in the EQB Monitor on August 15, 2004. The thirty-day comment period closed September 15, 2004. Written comments received from agencies and citizens are summarized and responded to in this report in the section "AGENCY COMMENTS AND RESPONSES". Copies of the comments are attached to the end of this document. PROJECT DESCRIPTION Hunter's Pass Estates, formally known asThe Cove's of Hunter's Lake, is a proposed Residential Planned Unit development for single family residences located on 76.6 acres of farmland in the City of Albertville. It involves the construction of 95 (105 at the time of the EAW preparation) single-family homes with supporting infrastructure. The existing site consists of rolling topography with interior wetlands and wetlands along the entire shoreline of Mud Lake. The site has been laid out to minimize wetland impact. However, some wetlands will be mitigated due to layout challenges. Additionally, some wetland in the southeast corner will be impacted due to safety concerns with the access to Maclver matching with the existing 67th Street. The project involves the construction of sanitary sewer, watermain, storm sewer, and a sanitary sewer lift station. All of the interior large utility work will be done via the open cut method of construction. There will also be construction of streets, curb and gutter, sidewalks, and ponding for stormwater management. The City of Albertville will be providing a watermain trunkline coming from the southwest and will be directional drilled under Mud Lake. ` ~ Record of Decision City of Albertville Best management practices (BPMs) will be used during grading, utility construction, and road construction including erosion control with the use of silt fence, fiber blankets, and temporary sediment basins as required to ensure minimal impact to the lake, wetlands, and surrounding areas. All construction and grading will be subject to the National Pollution Discharge and Elimination System (NPDES) and the new MPCA requirements for erosion control. The grading for the entire project is expected to start in the spring of 2005 (fall of 2004 during the preparation of the EAW). Revegetation procedures will begin immediately after completion of the work in an area. Revegetation will include the seeding and mulching of all green areas including lots and boulevards. Special revegetation methods will be conducted in the wetland mitigation areas according to wetland permit that will be applied for at a later date. The natural features of the site will be preserved to the maximum extent practicable. Building construction is expected to begin in late spring of 2005; housing construction on the site will continue through 2008. FINDINGS OF FACT Land Use and Compatibility with Local Plans The project is consistent with local and regional plans, which includes the following: • City of Albertville's Comprehensive Plan (land use, sanitary sewer, transportation, surface water management) • City of Albertville's Subdivision and Platting Ordinance This project area is currently zoned R-1A Low Density Single-Family and within the Shoreland Overlay District. This project is consistent with the City of Albertville's Comprehensive Land Use Plan and compatible with adjacent and present land uses. Any conflicts will be resolved during the plat approval process and with the conditions imposed on the project in the Developer's Agreement. Wildlife and Vegetation Impacts It is the City of Albertville's understanding that the DNR Natural Heritage and Nongame Research Program has concluded that there are no known occurrences of rare species of natural communities in the area. The correspondence reference number is ERDB 20040910. It is also understood that the project developer will preserve natural communities of vegetation where ever possible. J Record of Decision City of Albertville Wetland Impacts Kjolhaug Environmental Services Company Inc. have completed a wetland delineation report and the report project number is No. 2004-026. Approximately 3.5 acres of wetland will be impacted in the development. In four locations, construction of the roadways will result in the filling approximately 1.5 acres of Type I wetlands. In three locations, construction of the roadways will result in the filling approximately 2.0 acres of Type III wetland. Most of the impact in the Type III wetland is due to the city requirement of connecting the east access with 67tH street. This is due to a traffic safety concern. The roadway alignments have been adjusted to minimize the size of the affected areas. All impacted wetlands will be mitigated according to the regulations governed by the City of Albertville. This includes satisfying the requirements of the Minnesota Wetland Conservation Act (WCA), Wright Soil and Water Conservation District, Department of Natural Resources, Army Corps of Engineers and other local agencies. Water Related Land Use (shoreland and Floodplain Impacts) The southern portion of the site is located within the designated shoreland-zoning district for Mud Lake. The City has adopted a shoreland and a floodplain ordinance that regulates development within these designated areas. The DNR has approved these ordinances. The proposed development will be in compliance with the standards of these ordinances. Water Quality Impacts The creation of new detention facilities will address the increased quantities of runoff resulting from increases in impervious surfaces. Surface water runoff will first be conveyed by new storm sewer and then discharged into storm water ponds prior to discharge into receiving water bodies. Storm water ponds will provide for rate control as well as treatment. The City of Albertville, Wright Soil and Water Conservation District, and the MPCA have policies limiting post- development runoff rates to pre-development rates. These policies will be enforced for the subject project. The City of Albertville has storm water policies and design standards that will need to be satisfied by the proposed development to reduce the introduction of pollutants to wetlands and the area waterbodies. The proposed treatment and retention system includes the creation of water quality ponds, vegetative filter strips, and drainage swales. A National Pollutant Discharge Elimination System (NPDES) permit will be required for this project. Erosion prevention and sediment control best management practices (BMP's) will be used in accordance with the NPDES permit. BMP's will include an erosion control plan and BMP's used in the Minnesota Department of Transportation's (Mn/DOT) standard specifications, Record of Decision City of Albertville details, and special provisions. Temporary and permanent erosion control measures will include timely revegetation of disturbed areas, hay bales, silt fencing, and sedimentation ponds. Hazardous Waste Braun Intertec completed a Phase I Environmental Site Assessment (ESA) for the proposed project in April 2004. Based on record review, on-site reconnaissance, and interviews there were no indications of recognized environmental conditions in connection with the site. No hazardous wastes will be generated by the proposed project. Traffic The City of Albertville will require additional right-of-way for future expansion of the adjacent streets. The City of Albertville feels there will be negligible impacts on traffic volumes and finds this project in accordance with the Eastern Wright County Transportation Study. Dust and Noise Impacts Dust will be generated during construction. Construction activities will disturb existing vegetative ground cover and allow soil material to become airborne. This will be a temporary impact primarily associated with grading activities. Odors may be generated by exhaust from engines engaged in construction activities. Any equipment will be properly equipped to control odor emissions. Construction noise will be controlled by periodic inspections to ensure that equipment is properly muffled. Construction noise will be regulated by the Minnesota Pollution Control Agency and standards set forth by the U.S. Environmental Protection Agency. Air Quality Impacts The development in the project area is not expected to have a significant negative impact on regional traffic operations and therefore is expected to have a negligible impact on air quality. No measures to mitigate air quality impacts are planned. Because no commercial parking stalls are being proposed, the project will not require an Indirect Source Permit for air emissions Record of Decision City of Albertville Visual Impacts The development will be designed to minimize adverse visual impacts for site users and roadway neighbors. It is expected that the end product of the development will be aesthetically pleasing due to the inclusion of multiple amenities. Historic and Archaeological Resources According to the email dated June 18, 2004, from the Minnesota State Historic Preservation Office there are no findings of any archeological sites within the project. The correspondence refers to report numbers THY-73-01 and WR-93- 02. See Attachment 3. Impact on Infrastructure and Public Services The impact of this project on the existing infrastructure has been preliminarily reviewed and complies with the city standards and capacities. AGENCY COMMENTS AND RESPONSES Written comments received from agencies addressing the EAW were as follows: The Minnesota Department of Natural Resources reviewed the EAW and submitted the following comments as shown in a letter dated September 13, 2004 as shown. in Attachment 1. City of Albertville's Reponses: 9) (Item No. 8) -The City of Albertville understands that permit approval through the Corps of Engineers shall be obtained during the wetland permit phase. A Letter of Permission will not be accepted. 2) (Item No. 90) -The DNR recommends the city contact Jean Mouelle, Regional Forest Utilization and Marketing Specialist (659-772-7567) for advice on woodland/forest preservation. It is the City of Albertville's understanding that the developer has contacted Jean Mouelle, Regional Forest Utilization and Marketing Specialist to set up and appointment to seek advice on the wooded/forest issue. It is the City ofAlbertville's understanding that vegetation removal will most likely happen in late winter (February/March, 2005). Therefore, the migratory bird-nesting season should not be an issue. 3) (Item No. 9 9) -The site can be broken into 3 areas were there is a potential for wildlife habitat. The first would be the lake/wetland area. Mud Lake is buffered by a large wetland along the entire upland delineation of Record of Decision City of Albertville the property. No impact to wildlife habitat is expected within the lake or wetland buffer due to the restriction of recreation on the lake and the inclusion of a 30-foot wetland buffer/setback beyond the delineated wetland line, which is required by the City of Albertville. The second area would be the open grassland. This ground has traditionally been farmed and has only had the opportunity to be naturally vegetated for the passed four to five years. Therefore, whatever wildlife habitat that resides in the grassland area is essentially new and may not have had enough time to settle and become accustom to the area. The third area for wildlife habitat would be the woodland area. A majority of the woodland area is located in the delineated wetland and will remain. It is the City of Albertville's understanding that an effort will be made to save as much woodland area in the upland elevations (especially in the wetland buffer areas) as possible to preserve the existing habitat. A letter from the DNR Natural Heritage and Nongame Research Program was submitted during the preparation of the EAW and states that no known occurrences of rare species or natural communities are located within or around the project. 4) (Item No. 72) -The DNR comment letter states that the 3.5 acres of wetland impact is excessive on a project of this size. Almost half of this impact is due the City of Albertville's requirement to align the development access road at the intersection of Maclver and 67t" street. This is required to ensure traffic safety. The City of Albertville attended an initial input meeting with the TEP panel on August 6, 2004. Suggestions on lowering the impact amounts were given. Consideration was taken into account. It is the City of Albertville's understanding that impacts will be lowered during the wetland mitigation procedure, which is currently under way. 5) (Item No. 74) - A meeting was held between the developer, City of Albertville and the DNR Area Hydrologist, Patty Fowler, on March 79, 2004 to discuss this very project. Agreements were made on shoreland setbacks and requirements. The a preliminary plat has been drawn in accordance with the agreed setbacks and requirements discussed at that meeting. More specifically, the Ordinary High Water Mark (OHWM) was established as being 947.3. All structures must be no closer than 75-feet from the ordinary high water mark and/or 30-feet from the delineated wetland line, which ever is greater. It was also determined that the delineated wetlands will be included in outlots and will not be privately owned. 6) (Item No. 29) - It is the City of Albertville's understanding that the existing tree base will be preserved where ever possible to diminish the impacts on utilitarian, ecological, recreational, .cultural, and spiritual values. Record of Decision City of Albertville The Minnesota Pollution Agency (MPCA) reviewed the EAW and submitted the following comments as shown in a letter dated September 13, 2004 as shown in Attachment 2. MPCA Comment: 7. The MPCA has not reviewed the EAW for this project. Therefore, the MPCA has no specific comments to provide the RGU. This decision no 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 developer to secure any required permits and to comply with any requisite permit conditions. The enclosed checklist identifies permits that the project may require, together with the most recent contacts at the MPCA. The checked items are the SDS Sanitary Sewer Extension Permit, NPDES Construction Stormwater Permit and Water Quality Certification. City of Albertville's Response: ~. The City of Albertville concurs with the MPCA comment. Prior to construction of the proposed project the developer/contractor will submit and obtain NPDES, SDS, and Water Quality Certification. The City of Albertville passed Resolution No. on , _,.2004, stating its approval of the Environmental Assessment Worksheet and its acceptance of the findings of fact for The Cove's of Hunter's Lake (Also known as Hunter's Pass Estates). DECISION ON NEED FOR EIS Because the potential adverse impacts due to the proposed project will be minimal, the City of Albertville has determined that the environmental review requirements have been met by the Environmental Assessment Worksheet prepared for this project, and that an Environmental Impact Statement is not required. City Administrator, City of Albertville uate s