1999-03-10 MPCA EAW Review
Minnesota Pollution Control Agency
March 10, 1999
Ms. Linda Goeb, City Administrator
P.O.Box9
Albertville, Minnesota 55301
RE: Albertville Crossing Environmental Assessment Worksheet (EA W)
Dear Ms. Goeb:
Thank you for the opportunity to review and comment on the above referenced project, to be
built in the city of Albertville. Based on the information contained in the EA W and relative to
areas within the regulatory authority of the Minnesota Pollution Control Agency (MPCA), staff
believes that significant environmental effects are not likely to occur as a result of the project.
The preparation of an Environmental Impact Statement (EIS) therefore does not appear to be
necessary. However, during our review, issues have been identified that should be further
addressed in the response to comments and record of findings that you are required to prepare by
the Environmental Quality Board Rules. These issues include the Clean Water Act Section 401
Certification, wetland impacts, and the proposed method for treating stormwater runoff, as
detailed below:
Item 8, Permits: It should have been indicated that a Clean Water Act Section 401 Certification
will be required to be obtained prior to the issuance of any Corps of Engineers Section 404
permit. A Section 401 Certification can be issued only ifit is demonstrated that the proposal will
comply with water quality standards as listed in Minn. R. 7050, and particularly for wetland
alterations in Minn. R. 7050.0186.
An Indirect Source Permit (ISP) is not required for the project since the number of proposed
parking spaces do not exceed the parking threshold requirement needed for an ISP.
Item 12, Physical Impacts on Water Resources: This section indicates that there will be 3.4
acres of type 1 wetlands filled as part ofthe project and that there will be 4.0 acres of wetland
mitigation on the site. The functions and values and designated uses of the wetland that is
proposed to be filled are required to be replaced, per federal and state rules and policies of no-net
loss of wetlands. The proposal of replacing lost type 1 wetlands with type 3 wetlands does not
achieve that requirement. The applicant should explore the opportunities to replace the filled
wetlands with an in-kind type 1 wetland. It should be noted that the creation of storm water
management basins shall not be considered as wetland compensatory mitigation for Clean Water
Act requirements. If the proposed expansion, or creation of wetlands on site is primarily
designed and constructed for the purpose of storm water retention, detention or sedimentation
control then the proposal cannot be considered wetland mitigation. Also, any existing wetlands
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 20% fibers from paper recycled by consumers.
.. ') .
Ms. Linda Goeb
Page Three
Please note that the Section 401 Certification issue must be resolve prior to issuance of a Corps
of Engineers 404 Permit. The wetland issues, and the closely related issue of how stormwater
runoffwill be treated, need to be resolved before the project can be permitted.
Thank you for the opportunity to review the Albertville Crossing EA W. Should you have any
questions, in general, about the EA W, please call me at (651)296-8643. Questions about specific
aspects discussed in the EA W may best be referred to Mr. Zdon or Dr. Cherryholmes. I look
forward to receiving a copy of your Response to our comments and the Record of Decision.
Sincerely,
A9~
Eric J. Kilberg -
Planner Principal
Operations and Planning Section
Metro District
EJK:sjs
cc: Marly Glines, Cascade II
Todd W. McLouth, P.E., John Oliver and Associates