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2001-10-21 ResolutionCITY OF ALBERTVILLE RESOLUTION N0.2004-30 RESOLUTION MAKING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED COVE'S OF HUNTERS LAKE WHEREAS, MN Rules 4410 establishes the requirements for the preparation of an Environmental Assessment Worksheet (EAW); and WHEREAS, the City initiated an environmental review to determine if the proposed Cove's of Hunters Lake development has the potential for significant environmental effects, as required by MN Rules, Chapter 4410.4300, Subpart 14.; and WHEREAS, the Albertville City Council makes the following specific findings of fact: 1. The City of Albertville is the responsible governmental unit for the EAW. 2. An EAW was prepared and the City Council approved its distribution on August 2, 2004. The EAW was distributed according to the requirements of MN Rules 4410. The public comment period ended on September 15, 2004. 4. The City has reviewed comments on the EAW and has prepared responses to these comments, included in the Record of Decision, dated October 18, 2004. 5. The extent to which environmer.~tal effects are subject to mitigation by ongoing public regulatory authority indicates that this project does not have the potential for significant environmental effects. 6. In considering the type, extent, and reversibility of environmental effects, there will be no significant environmental effects from the project. 7. The project involves no related developments, connected actions, or phased actions as defined by MN Rules 4410. 8. The City Council must make either a negative declaration or a positive declaration on the need for an Environmental Impact Statement (EIS). 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 Monitoron 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, formerly known as The 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 impacts. 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 67th Street access to Maclver Avenue. The project involves the construction of sanitary sewer, water main, storm sewer, and a sanitary sewer lift station. All of the interior 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 extending a trunk water main to the site from the southwest and the main will be installed by directionally drilling under Mud Lake. Record of Decision City of Albertville Best management practices (BMPs) 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 Pollutant 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 any disturbed 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. 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 is 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 wherever possible. Record of Decision City of Albertville Wetland Impacts Kjolhaug Environmental Services Company Inc. has completed a wetland. delineation report and the report project number is No. 2004-026. Approximately 3.5 acres of wetland will be impacted by the development. Construction of the roadways will result in the filling of approximately 1.5 acres of Type I wetlands and filling of approximately 2.0 acres of Type III wetland. Most of the impacts in the Type III wetland will result from extending 67th Street to Maclver Avenue. 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 (BMPs) will be used in accordance with the NPDES permit. BMPs will include an erosion control plan and BMPs used in the Minnesota Department of Transportation's (Mn/DOT) standard specifications, 4 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 70th Street and Maclver Avenue. This project will result in an increase of traffic volumes but the impacts will be negligible. The City finds this project to be in accordance with the Northeast Wright County Sub-Area Transportation Study, completed in 2004. 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. The project will not require an Indirect Source Permit for air emissions. s 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 an 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 (shown in Attachment 1). 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. 2. Cover Types (Item No. 10) 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 mid-August, with a peak from mid- May through mid-July. To avoid violations of the Migratory Bird Treaty Act, Record of Decision City of Albertville we recommend that site clearing occur either before or after the nesting season. 3. Fish, Wildlife and Ecologically Sensitive Resources (Item No 11) Section 11 a of the EAW requires the identification of fish and wildlife resource 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 well as the habitat provided by the various cover types (wooded/forest, bush/grassland, and wetland) identified in Item No. 10. We strongly urge that the preparers revise this section of the EAW to provide complete and accurate resource and habitat information. in addition, Item 11 b 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. 4. Physical Impacts on Water Resources (Item No 12) According to this item, the project will affect 3.5 acres of wetland. The amount of impact may be 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. 5. 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 compliance with the City's modified ordinance for shoreland Record of Decision City of Albertville flexibility. We recommend that the preparer include in the EAW a to-scale map showing the surveyed OHW and designated buffer areas. 6. Cumulative Impacts (Item No 29) We recommend that the City pay 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 may be 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. City of Albertville's Reponses: 1. (Item No. 81 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 requested. 2. (Item No. 10) The DNR recommends the city contact Jean Mouelle, Regional Forest Utilization and Marketing Specialist (651-772-7567) 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 an appointment to seek advice on the wooded/forest issue. s Record of Decision City of Albertville It is the City of Albertville's understanding that vegetation removal will most likely happen in late winter (February/March, 2005). Therefore, the migratory bird-nesting season will be avoided. 3. (Item No. 11) The site can be divided into 3 areas where 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 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 is the open grassland. This ground has traditionally been farmed and has only had the opportunity to be naturally vegetated for the past four to five years. 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. ~J The DNR comment letter states that the 3.5 acres of wetland impact may be excessive on a project of this size. Almost half of this impacf is due to the need to align the development access road with the intersection of Maclver Avenue and existing 67th Street. This alignment is required to maximize traffic safety and to enhance traffic operations. The site developer attended an initial input meeting with the TEP panel on August 6, 2004. Suggestions given by the TEP panel on reducing the impact amounts include minimizing street width, incorporating an urban roadway section, installing retaining walls to minimize slope encroachments on wetland areas, creating mitigation areas, upgrading Type I wetlands to Type 111 Wetlands, and using native seed mixes for planting areas. It is the City of Albertville's understanding that these mitigation measures will be evaluated during the wetland mitigation permitting process, which is currently under way. Wetland impacts will be reduced to the extent possible.. Record of Decision City of Albertville 5. (Item No. 14) A meeting was held between the developer, City of Albertville and the DNR Area Hydrologist, Patty Fowler, on March 19, 2004 to discuss this project. A consensus was reached on shoreland setbacks and requirements. 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) elevation for Mud Lake 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) As stated in the EAW, there are no related or future stages anticipated for this project. The adjacent Towne Lakes development (in progress) underwent a separate environmental review prior to the start of the development. That environmental review was considered when the EAW for this project was drafted. Future development in Albertville and surrounding communities is expected. Environmental review(s) will be conducted where appropriate. It is the City of Albertville's understanding that the existing tree base will be preserved wherever possible to diminish the impacts on utilitarian, ecological, recreational, cultural, and spiritual values. The Minnesota Pollution Agency (MPCA) reviewed the EAW and submitted the following comments as shown in a letter dated September 13, 2004 (shown in Attachment 2}. MPCA Comment: 1. 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. io Record of Decision City of Albertville City of Albertville's Response: 1. The City of Albertville concurs with the MPCA comment. Priar 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. 2004-30 on October 18, 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. n City Administrator, Albertville /O ~ ! d Date X:~AE~AIbev~pi0100~D79U20D.doc 11