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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 /> 14 <br />80. Minnesota noise standards do not include a standard for ground vibrations. <br /> <br />81. The MPCA finds the Project, as it is proposed, does not have the potential for significant <br />environmental effects based on the type, extent, and reversibility of impacts related to noise. <br /> <br />Wetlands and Stormwater Concerns <br /> <br />82. The Petition states the proposed Project will have significant impact on wetlands, noting the Project <br />will increase the impervious area on the Project location from approximately 0.90 acres to <br />approximately 20.85 acres, and disturb an additional approximately 38 acres. The Petition notes <br />that in aggregate, Bituminous proposes 3.55 acres of wetland impact, requiring 6.30 acres of <br />replacement. The Petitioner describes the Bituminous remediation plan that has been submitted to <br />the Rick Creek Watershed District (Appendix C of the Petition, Attachment 1 to the Findings), and <br />that the engineers who have reviewed the plan on behalf of the Rice Creek Watershed District have <br />recommended approval, so long as certain conditions are satisfied. This remediation plan also <br />includes stormwater measures, including design of sedimentation basins, site grading, and other <br />stormwater controls to prevent stormwater impacts. <br /> <br />83. Based on the information in Appendix C to the Petition, and as previously noted in Findings 11 <br />through 17, Bituminous has worked with Rice Creek Watershed District to address the requirements <br />of the WCA, including wetland replacement and stormwater design and management measures. <br /> <br />84. The MPCA reviewed the potential for environmental impacts associated with stormwater runoff <br />during and after construction of the Project, as well as the potential environmental impacts <br />associated with Bituminous’ removal of 3.55 acres of wetland that will require 6.30 acres of wetland <br />replacement. <br /> <br />85. In addition to meeting the Rice Creek Watershed District’s requirements for WCA, Bituminous must <br />also apply for MPCA permit coverage for construction and industrial stormwater activities at the <br />Project site. Bituminous has indicated to the MPCA it will apply for MPCA’s Nonmetallic Mining <br />Water General Permit, which covers construction stormwater activities, as well as stormwater <br />discharges from hot mix asphalt plant production areas, including storage of materials. The <br />Nonmetallic Mining Water General Permit also authorizes wastewater discharge for a limited <br />number of activities that do not result in a discharge to surface waters of the state. See the <br />following link: https://www.pca.state.mn.us/water/nonmetallic-mining-and-associated-activities <br /> <br />86. The Nonmetallic Mining Water General Permit establishes requirements to implement appropriate <br />erosion prevention and sediment control measures, based on site-specific design factors, both <br />during construction and operation of the Project, to mitigate surface water runoff impacts. <br /> <br />87. Bituminous will implement applicable erosion prevention and sediment control measures to <br />mitigate surface water runoff impacts based on site-specific design conditions to ensure compliance <br />with enforceable regulatory requirements of the Nonmetallic Mining Water General Permit. This <br />includes but is not limited to Bituminous’ proposed construction of sedimentation ponds, and <br />grading of both Lot 1 and Lot 2 to direct stormwater into the sedimentation ponds. <br />