2004-09-13 MNDNR EAWATTACHMENT 1
'~ ' ~ ;'~~, _~ Minnesota Department of Natural. Resources
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651.772.7900
September 13, 2004
Larry R. Kruse
City of Albertville
5975 Main Avenue NE
Albertville, Minnesota 55301
RE: Cove's of Hunters Lake Environmental Assessment Worksheet (EAW)
Dear Mr. Kruse:
The Minnesota Department of Natural Resources has reviewed the EAW prepared for the proposed
Cove's of Hunters Lake residential development project in the City of Albertville. From a natural
resources management perspective, the EAW is incomplete and contains inaccuracies, We offer the
following specific comments for your consideration.
Permits and Approvals Required (Item No 8)
Wetland filling, as proposed in the EAW, will require an Individual Permit from the Corps of Engineers,
not a Letter of Permission.
Cover Types (Item No 1
The table in Item 10 shows the conversion of 10 acres of wooded/forest cover. Depending on the
condition of this wood, the project proposer may elect to market it as sawlog, landscaping material,
firewood, or bio-fuel for the production of energy. We strongly recommend that the City contact Jean
Mouelle, Regional Forest Utilization and Marketing Specialist (651 772-7567), for advice on this subject.
Additionally, the removal of this amount of vegetation during the migratory bird-nesting season likely will
violate the federal Migratory Bird Treaty Act, which prohibits the destruction of active bird nests. The
nesting season typically extends from mid-April through rnid-August, with a peak from mid-May through
mid-July. To avoid violations of the Migratory Bird Treaty Act, tive recommend that site clearing occur
either before or after the nesting season.
Fish, Wildlife and Ecologically Sensitive Resources (Item'~o 11)
Section 11 a of the EAW requires the identification of fish and wildlife resources and habitats on or near
the site and an explanation of how the project would affect them. in the context of the EAW, the term
"designated" has no meaning. The environmental review process does not limit the assessment to specific
resources. Mud Lake itself is a resource and habitat for fish and wildlife. The project has the potential to
affect the resource functions and values of the lake. as hell as the habitat provided by the various cover
types (wooded/forest. brushlgrassiand, and wetland) identified in Item No.10. We strongly urge that the
preparers revise this section ~f the EAW to provide complete and accurate resource and habitat
infozmation.
In addition, Item l lb refers to correspondence from the DNR Natural Heritage and Nongame Research
Program. The inclusion of this letter as an attachment to the EAW would complete this item, making it
more useful to the decision-making process.
Physical Impacts on Water Resources (Item___No _IZ)
According to this item, the project will affect 3.5 acres of wetland. The amount of impact maybe
excessive for a project of this type. The EAW does not include sufficient information from which the City
can make a determination regarding the significance of this impact, nor does it include a discussion of
measures taken to avoid or minimize impacts (as required in Item No. 11) or replace wetland functions.
DNR reviewers have identified several possible design alternatives that would satisfy the requirements of
the Wetland Conservation Act regarding wetland avoidance, minimization and replacement. We
recommend that the City present this project to the Technical Evaluation Panel for input before revising
the EAW.
Water-Related Land Use Management District (Item 14
This item states that the developer met with the City and the DNR to discuss shoreland district
requirements. The DNR Area Hydrologist is not aware of this meeting. This may be a reference to a
meeting that occurred regarding an earlier project for which the City sought flexibility in the application
of the shoreland standards for Planned Unit Developments. The DNR agreed to certain flexible
conditions, including setbacks, preservation of a percentage of the shore impact zone, and designated
buffer areas. The map accompanying the EAW is insufficient to demonstrate campliance with the City's
modified ordinance for shoreland flexibility. We recommend that the preparer include in the EAW a to-
scale map showing the surveyed OHW and designated buffer areas.
Cumulative Im acts (Item No. 29
We recommend that the City play close attention to this item. The intent of cumulative impacts
assessment is to place the project in the larger context of the surrounding landscape so that decision
makers can consider the effects of the project combined with the effects of actions that occur beyond the
boundaries of the project site. Localized impacts of residential development projects may include the
alteration or elimination of natural vegetation, the loss of habitat for rare or other important species, and
the diminishment of surface and groundwater resources. While the impacts resulting from this single
project maybe minor, they may become magnified when combined with the impacts of other projects
within and beyond the city boundaries. For example, the construction of public water supplies (described
in Item No. 6b), combined with existing and reasonably foreseeable future water demands, may eventually
threaten the sustainability of the City's water sources. In another example, an individual patch of forested
land may provide minimal commercial, ecological and social functions and its removal may have only a
small effect. On a larger scale, e.g., several residential developments, the removal of forest cover may
significantly diminish utilitarian, ecological, recreational, cultural, and spiritual values. Urban
landscaping does not effectively replace the values provided by forest patches or large contiguous groups
of trees and shrubs. Therefore, developers and local decision makers would do a good service to future
homeowners and communities by preserving the remnant patches of forest cover type scattered through
the landscape.
~n Equal Oppornznit_y Employer ~Vho Values Diversity
DNR Information: 651-296-6157 ^-888-646-0367 iTY: 651-296-5484 '-800-657-3929
Thank you for the opportunity to review this project and the EAW. We look forward to receiving your
record of decision-and responses to comments at the conclusion of environmental review. Minnesota
Rules part 4410.1700, subparts 4 and 5, require you to send us your Record of Decision within five days
of deciding on this action.
If you have any questions about this project, please contact staff ecologist Michael North at 218-828-2433.
Sincerely,
~~~~~~f
or
Kathleen A. Wallace
Regional Director
c
Diane Anderson, Wayne Barstad, Fred Bengtson, Steve Colvin, Paul Diedrich, Michael North
Patty Fowler, Sarah Hoffinann, Dale Homuth, Jean Mouelle, Jason Neuman (DNR)
Jon Larsen (EQB}
Dwight Gunnarson (Meyer-Rohlin, Inc.)
Colleen Allen (SWCD)
Nick Rowse {FWS)
Brad Wozney (BWSR)
CoveHuntersLake.doc
ERDB# 20040910
~~n Equal Opportunity Employer who Values Diversity
DNR If110fIT12flOt1: 651-296-6157 1-888-646-6367 TTl': 651-296-5484 1-3G0-657-3929