HomeMy WebLinkAbout00-12 RESOLUTION 00-12
APPROVING A PETITION FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW)
AND REQUIRING AN EAW BE COMPLETED PRIOR TO A DECISION ON THE
CONDITIONAL USE PERMIT FOR RYAN CONTRACTING TO ALLOW
THE EXCAVATION OF SAND AND GRAVEL ON PROPERTY LOCATED IN THE SOUTHEAST
QUARTER OF SECTION 22, T 115, R22 FOR RYAN CONTRACTING
MOTION BY: SCHENCK SECOND BY: PETERSEN
WHEREAS, On January 19, 2000 a petition for an Environmental Assessment Worksheet (EAW)
was received by the City of Prior Lake to require an EAW be completed prior to
approval of a Conditional Use Permit (CUP) for Ryan Contracting; and
WHEREAS, Staff reviewed Minnesota Statutes, Environmental Quality Board (EQB) guidelines and
the petition dated January 14, 2000; and
WHEREAS, Minnesota rules 4410.1100 set forth criteria for evaluating petitions to require an EAW;
and
WHEREAS, Staff evaluated the petition based on criteria set forth in the rules; and
WHEREAS, Staff prepared a detailed analysis in response to concerns raised in the petition; and
WHEREAS, The City Council has 30 days to make a decision on the petition; and
WHEREAS, The rules require only that the Responsible Governmental Unit (RGU) consider all
known evidence, compare that evidence to the standard "there may be potential for
significant environmental effects, "and document the findings and decision in writing;
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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
That it hereby approves the request by petition to require an EAW prior to making a decision regarding
the Conditional Use Permit for Ryan Contracting to allow the excavation of sand and gravel on property
located in the SE quarter of Section 22, T 115, R 22 with the following findings:
FINDINGS
1. The City Council and staff have considered all known evidence, compared that evidence to
the standard "there may be potential for significant environmental effects".
Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 /~a~$:~ (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
2. Petitioners petition for an EAW contained material evidence and information that the City
Council finds raises serious concerns that the proposed sand and gravel mining operation
may create the potential for significant environmental impacts.
3. Said potential for significant environmental impacts warrant further review.
4. The City Council has reviewed the petition for EAW and staff report relating to the issues.
The City Council has determined there is material evidence within the petition indicating
there may be potential significant environmental impacts from the proposed mining and
excavation proposal.
5. Potential environmental impacts, warranting the request for an EAW, as presented in the
petition received January 19, 2000 and as discussed by the City Council at it's February 7,
2000 meeting are:
A. The proposed mining operation encompasses 12.91 acres over a combined lot area
exceeding this. Soil borings have not been submitted and reviewed by the City to
indicate the non-existence of suitable mining materials beyond the proposed 12.91 acre
site.
B. Review of letter, dated January 24, 2000 from Scoff County Environment Health
Department, supporting an EAW due to potential environmental impacts on the existing
well, bedrock topography and bedrock hydrology.
C. The City of Prior Lake must establish a well head protection plan. The effect of the
proposed mining operation on the future well head protection area is unknown.
D. Review of internal memo, dated January 18, 2000 from the DNR, supporting an EAW due
to potential environmental impacts on lakes, wetlands, the Boiling Springs and the
Savage Fen.
E. Contamination of SMSC's existing ground water well may exist. The probability, extent,
and cause have not been specifically addressed with factual information.
F. SMSC ground water well head protection area impact has not sufficiently been
addressed.
G. Dewatering may occur on the site. Sufficient information has not been provided to
indicate the possible extent and environmental effects of dewatering.
H. Impact on the Jordan aquifer has yet to be addressed. Factual information and research
indicating the potential to contaminate public water supplies has yet to be provided.
I. Potential infiltration and contamination of ground water and/or the aquifer due to
stripping away of the protective layer of clay and topsoil from the highly porous sand
and gravel.
J. Potential infiltration of ground water by surface water borne contaminants such as
calcium chloride (used for dust control) and/or other objectionable materials.
K. The specific items listed as A-J above shall be investigated as a part of the EAW
process.
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6. Additional information and review of these specific items is necessary to verify if there may
be any environmental impact from the proposed mining.
7. In order to protect against the potential that the proposed excavation of sand and gravel
located in the Southeast Quarter Section 22, Township 115, Range 22 may create significant
environmental impacts detrimental to the health, safety, morals and general welfare of the
community as a whole, additional information and review is warranted and necessary.
8. Measures to mitigate potential environmental impacts may not be adequate as currently
proposed in the Conditional Use Permit.
9. The proposed excavation of sand and gravel may have undue adverse impacts on
governmental facilities, services, or improvements which are either existing or proposed.
Additional information and review is warranted and necessary.
10. An EAW is warranted to identify, quantify, and mitigate against any undue adverse impacts
on the use and enjoyment of properties in close proximity to the conditional use. Additional
information and review is necessary.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby finds a petition of request to require an
EAW be conducted in association with the approval of a CUP for Ryan Contracting to allow the
excavation of sand and gravel is hereby approved and an EAW must be completed prior to a decision
relating to the CUP is made. The contents of Planning Case File #99-075 are hereby entered into and
made a part of the public record and the record of the decision for this case.
Per City Code Section 1109.900, Ryan Contracting (CUP applicant) will be required to escrow the
estimated funds to complete the E^W with the City. Ryan Contracting is required to reimburse the City
for the cost of the EAW, of which the funds will be drawn from the escrow at the appropriate time of
payment. Such funds must be received by the City, prior to the City hiring a consultant to prepare an
EAW.
Staff is hereby directed to prepare notices of this decision and deliver within five (5) working days to the
petitioner's representative and the EQB. Any aggrieved party may appeal the decision in district court
within 30 days of the date the this resolution is adopted.
Passed and adopted this 22nd day of February 2000.
YES NO
Mader X Mader
Ericson X Ericson
Gundlach X Gundlach
Petersen X Petersen
Schenck X Schenck
{Seal} City Mana~, J /
City of Pri~ ~
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