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On the Need for an Environmental Assessment Worksheet Findings of Fact <br />Bituminous Roadways, Inc. Hot Mix Asphalt Plant Project Conclusions of Law <br />Columbus, Minnesota And Order <br /> <br /> <br /> 4 <br />Mapper. The Project is on a site that does not have public waters or public water wetlands. There <br />are non-public water wetlands present on Lot 1 and Lot 2. <br />22. For the Project, Bituminous proposes to remove approximately 3.55 acres of non-public water <br />wetlands. <br />23. The City of Columbus has designated the Board of the Rice Creek Watershed District as the local <br />government unit (LGU) for all portions of the City of Columbus lying within the Rice Creek <br />watershed. Rice Creek Watershed District has jurisdiction for administrating the Wetland <br />Conservation Act (WCA) within the boundaries of the Rice Creek Watershed District. The Project is <br />within an area of the City of Columbus within the boundaries of the Rice Creek Watershed District. <br />24. The MPCA reviewed an engineering report prepared by the Rice Creek Watershed District <br />(Appendix C of the Petition, Attachment 1 to the Findings). The engineering report is based on a <br />wetland delineation report and boundary decision that identifies the type and size of wetlands on <br />the Project site and the extent of the impact on each delineated wetland. The engineering report <br />summarizes the wetland impacts of the Project and recommends that Bituminous replace the 3.55 <br />acres of wetlands impacted with 6.30 acres of wetlands. Rice Creek Watershed District, as the LGU, <br />must provide the final approval for the replacement plan, but cannot do so until the MPCA has <br />either denied the Petition, or Bituminous completes the environmental review process. <br />25. Minn. R. 4410.4300, subp. 27.A. does not apply to the Project because Bituminous is not locating <br />the Project on a site with public waters or public water wetlands. <br /> <br />26. Minn. R. 4410.4300, subp. 27.B. does not apply to the Project because the Project location, <br />construction or operation will not change or diminish the course, current, or cross-section of 40 <br />percent or more or five or more acres of types 3 through 8 wetlands of 2.5 acres or more within a <br />shoreland area, delineated flood plain, a state or federally designated wild and scenic rivers district, <br />the Minnesota River Project Riverbend area, or the Mississippi headwaters area. <br /> <br />Industrial Facilities <br /> <br />27. Minn. R. 44100.4300, subp. 14 states: <br />A. For construction of a new or expansion of an existing warehousing or light industrial facility <br />equal to or in excess of the following thresholds, expressed as gross floor space, the local <br />governmental unit shall be the RGU: <br />(1) Unincorporated area, 150,000 <br />(2) Third or fourth class city, 300,000 <br />(3) Second class city, 450,000 <br />(4) First class city, 600,000 <br />B. For construction of a new or expansion of an existing industrial, commercial, or institutional <br />facility, other than a warehousing or light industrial facility, equal to or in excess of the following <br />thresholds, expressed as gross floor space, the local government unit shall be the RGU: <br />(1) Unincorporated area, 100,000 square feet <br />(2) Third or fourth class city, 200,000 square feet <br />(3) Second class city, 300,000 square feet <br />(4) First class city, 400,000 square feet