HomeMy WebLinkAbout01-16 RESOLUTION 01-16
DETERMINING A NEGATIVE DECLARATION ON THE NEED
FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT (ELS) FOR THE
EXCAVATION OF SAND AND GRAVEL ON THE MCKENNA PROPERTY
MOTION BY: ZIESKA SECOND BY: GUNDLACH
WHEREAS, Ryan Contracting has proposed to excavate sand and gravel from 12.91 acres of
the property located on the north side of McKenna Road, ¼ mile north of CSAH
42; and
WHEREAS, On January 19, 2000 the City of Prior Lake received a petition requesting an
Environmental Assessment Worksheet (EAW) be completed prior to approval of
a Conditional Use Permit (CUP) for Ryan Contracting; and
WHEREAS, On February 7, 2000, the City Council reviewed all pertinent information including
the petition, rebuttal from Ryan Contracting, and staff review regarding the
petition, and ordered the preparation of an EAW; and
WHEREAS, pursuant to Minn. R. 4410.1100, the City of Prior Lake has prepared an
Environmental Assessment Worksheet (EAW) for this proposed project; and
WHEREAS, the Ryan Contracting excavation of sand and gravel is expected to comply with all
the City of Prior Lake standards and review agency standards; and
WHEREAS, based on the criteria established in Minnesota R. 4410.1700, the project does not
have the potential for significant environmental effects; and
WHEREAS, based on the Findings of Fact and Conclusions, the project does not have the
potential for significant environmental impacts.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, as follows:
1. The above recitals are incorporated herein as if fully setforth.
2. The preparation of an Environmental Assessment Worksheet (EAW) and the comments received
on the EAW have generated information adequate to determine whether the proposed
development has the potential for significant environmental effects.
3. An Environmental Impact Statement is not required for the excavation of sand and gravel on
12.91 acres (project site).
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Dh. (952) 447-4230 / Fax (952) 447-4245
AN EQUAk OPPORTUNITY EMPI~OYER
4. The attached Findings of Fact and Conclusions are incorporated herein as Exhibit A as if fully set
forth.
Passed and adopted this 20th day of February, 2001.
YES NO
Mader X Mader
Ericson Absent Ericson Absent
Gundlach X Gundlach
Petersen Petersen X
Zieska X Zieska
{Seal} ~:tt~ oMfa~aor~~ /
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EXHIBIT A
FENDINOS OF FACT AND CONCLUSIONS
IN THE MATTER OF THE DECISION ON THE NEED FOR AN ENVIRONMENTAL
IMPACT STATEMENT (EIS) FOR THE PROPOSED MINING AND EXCAVATION ON
THE MCKENNA PROPERTY
Ryan Contracting has proposed a sand and gravel mining operation on 12.91 acres of land
located on the north side of McKenna Road, about ¼ mile north of CSAH 42, in the South ½ of
Section 22, Township 115, Range 22. Pursuant to Minn. R. 4410.1100, subp. 6, the City of Prior
Lake has prepared an Environmental Assessment Worksheet (EAW) for this proposed project.
As to the need for an Environmental Impact Statement (EIS) on the project and based on the
record in this matter, including the EAW and comments received, the City of Prior Lake makes
the following Findings of Fact and Conclusions:
Findings of Fact
I. PROJECT DESCRIPTION
A. Project
This project proposes the excavation of sand and gravel from 12.91 acres.
Approximately 500,000 cubic yards of material will be mined, for private
purposes, over a 1 O-year period. Upon conclusion of the mining operation, the
site will be returned to agricultural use.
B. Project Site
The proposed project is located in the City of Prior Lake on the north side of
McKenna Road, about ¼ mile north of CSAH 42, in the South ½ of Section 22,
Township 115, Range 22, Scott County, Minnesota. The excavation area itself in
12.91 acres in size. The parcel on which it is located is approximately 29.6 acres
in area. This site includes 8.5 acres of woodland, 20.5 acres of
brush/grassland/cropland and 0.6 acres of lawn.
II. PROJECT HISTORY
A. In January, 2000, the City of Prior Lake received a petition requesting the
preparation of an Environmental Assessment Worksheet (EAW) for this project.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
On February 22, 2000, the City Council adopted a resolution declaring the need
for an EAW.
B. An EAW was prepared on the proposed project and distributed to the
Environmental Quality Board (EQB) mailing list and other interested parties on
November 15, 2000.
C. A press release containing the notice of availability of the EAW for public review
was published in the Prior Lake American on Saturday, November 18, 2000.
D. The EAW was noticed in the November 27, 2000, EQ, B Monitor. The public
comment period ended on December 27, 2000. Comment letters were received on
or before the deadline from the Prior Lake - Spring Lake Watershed District, the
City of Shakopee, the Minnesota Department of Natural Resources, Scott County,
Dorsey and Whitney, LLP, Peterson Environmental Consulting, Inc., the
Shakopee Mdewakanton Sioux Community. A letter from the Metropolitan
Council was received after the comment deadline. Copies of the letters are hereby
incorporated by reference.
III. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT
ENVIRONMENTAL EFFECTS
Minnesota R.4410.1700, subp. 1 states that "an ElS shall be ordered for projects that have
the potential for significant environmental effects." In deciding whether the project has
the potential for significant environmental effects, the City of Prior Lake must consider
the four factors set out in Minnesota R.4410.1700, subp. 7. With respect to each of these
factors, the City finds as follows:
A. TYPE, EXTENT, A_ND REVERSIBILITY OF ENVIRONMENTAL EFFECTS
The first factor that the City of Prior Lake must consider is "type, extent and
reversibility of environmental effects," Minnesota R.4410.1700, subp. 7.A. The
City's findings with respect to each of these issues are set forth below.
1. The type of environmental impacts anticipated as part of this project
include:
a. Potential adverse affect on groundwater due to the construction of
wells on the site.
The major threat to groundwater would be the installation of a
supply well to serve the proposed operation. No supply wells are
proposed on this site. Water for dust control and other uses will be
provided from an off-site source. There is one monitoring well
proposed for the down-~adient portion of the site. The purpose of
this well is to monitor any potential negative impacts on the SMSC
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community well. Comments from the DNR comments strongly
suggest limiting the number of monitoring wells in order to
minimize the potential impacts on the groundwater.
b. Impacts on wetlands in the vicinity of the operation.
WNle there are two DNR protected wetlands within the vicinity of
this site, there are no wetlands located within the excavation area.
The EAW indicates there will be no adverse impact on surface
features because the mining will occur above the water table. The
comments from the DNR concur with this conclusion. In order to
ensure no wetlands will be disturbed by the operation, wetland
delineation will be required prior to commencement of any
excavation.
c. Impacts on the Savage Fen and Boiling Springs.
The EAW indicates these natural features will not be impacted by
the proposed operation. The DNR comments also note there are no
anticipated runoff impacts from the mining activity. These
features would be more likely impacted by the installation of a
supply well' for the site. There will be no supply wells permitted as
part of this operation.
d. Increased pollutants in stormwater runoff.
Treatment ponds, designed to NURP guidelines, have been
included in the plans for this development to mitigate the effects of
pollutants in the stormwater runoff.
e. Increased stormwater runoff rate and volume.
This project has been designed to limit discharge rates to pre-
project levels. As with any type of development, the project does
increase the volumes of stormwater runoff. The stormwater
analysis for the project has shown this project will not create a
significant bounce in the water bodies.
f. Impact on McKenna Road due to trucks from the mining operation.
A traffic impact report prepared as part of the EAW indicated the
proposed use would have a minimal impact on the existing road.
In order to mitigate the impacts of the additional traffic, the trucks
from ~this operation will be required to go south to CSAH 42.
Signage on the site will be posted to this effect. Additionally,
Ryan Contracting will be required to post a Letter of Credit to
cover any necessary repairs to the road as a result of the additional
traffic.
g. Increased levels of noise and light due to the mining operation.
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Increased levels of noise and light will be mitigated by limiting the
hours of operation for the mining and transportation of the
material.
Further, these impacts will be minimized and mitigated through the local,
state, and federal plan approval processes.
B. CUMULATIVE POTENTLKL EFFECTS OF RELATED OR ANTICIPATED
FUTURE PROJECTS.
The second factor that the City of Prior Lake must consider is "the cumulative
potential effects of related or anticipated future projects", Minnesota R. 4410.1700.
supb. 7.B. The City's findings with respect to this factor are set forth below.
1. The excavation of sand and gravel on this site is limited to 12.91 acres of
the 29.6 acre parcel. Any additional excavation will require a new
conditional use permit, which creates the potential for the preparation of a
new EAW.
C. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS ARE SUBJECT TO
MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY
1. The following permits or approvals will be required for the project:
Unit of Government Permit or Approval Required
Federal:
US Corps of Engineers Wetland Impact
State:
DNR Impact to DNR Waters/Wetlands
MPCA NPDES Permit; General Storm Water Permit
Local:
City of Prior Lake Conditional Use Permit and Grading Permit
LGU - Prior Lake Wetland Impact for Wetland Conservation Act
Prior Lake/Spring Lake
Watershed District Stormwater Management Plan and Permit
2. The City finds that the potential environmental effects of this project are
subject to mitigation by ongoing regulatory authorities; therefore, an EIS
need not be prepared. The Conditional Use Permit approval is conditioned
upon receipt of all required permits.
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D. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE
ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER
ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR
THE PROJECT PROPOSER, OR OF E1S's PREVIOUSLY PREPARED ON
SIMILAR PROJECTS.
The fourth factor that the City must consider is "the extent to which
environmental effects can be anticipated and controlled as a result of other
environmental studies undertaken by public agencies or the project proposer, or of
E1S's previously prepared on similar projects," Minnesota R.4700.1700, subp.
7.D. The City's findings with respect to this factor are set forth below:
The environmental impacts of the proposed project have been addressed in the
following plans:
1. City of Prior Lake Comprehensive Plan
2. City of Prior Lake Comprehensive Local Surface Water Management Plan
3. Traffic Impact Study for the Ryan Mining and Excavation Operation
The City finds the environmental effects of the project can be anticipated and
controlled as a result of the environmental review, planning, and permitting
processes.
CONCLUSIONS
1. The preparation of the EAW and comments received on the EAW have generated
information adequate to determine whether the proposed development has the potential for
significant environmental effects.
2. The EAW has identified areas where the potential for significant environmental effects exist.
Appropriate mitigative measures have been incorporated into the project plan with respect to
groundwater, wetlands, traffic, noise and stormwater runoff. The proposed sand and gravel
excavation is expected to comply with all City of Prior Lake standards and review agency
standards.
3. Based on the criteria established in Minnesota R.4410.1700, the potential impacts of this
project are addressed through the conditional use permit process.
4. An Environmental Impact Statement is not required.
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