10-10-2022 City Council Packet - Laserfiche WebLink

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Minnesota Rules 4410.1700, Subp. 7 lists four criteria that shall be considered in deciding whether a project has the potential for significant environmental effects. Those criteria are: A. Type, extent, and reversibility of environmental effects; B. Cumulative potential effects. The RGU shall consider the following factors: whether the cumulative potential effect is significant; whether the contribution from the project is significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the project complies with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the proposer to minimize the contributions from the project; C. The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority. The RGU may rely only on mitigation measures that are specific and that can be reasonably expected to effectively mitigate the identified environmental impacts of the project; and D. The extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EISs. Section 5. Findings of Fact of the attached response document provides the City's findings of fact and addresses each of the above referenced criteria. Section 6. Record of Decision concludes that an EIS is not required. Environmental Board The Environmental Board reviewed the document at its October 5, 2022 meeting. The board requested clarification and explanation on document responses regarding flood plain impacts, Blandin's turtles, stormwater management, and soil contamination. The board also questioned what additional information an EIS would provide. The Environmental Board also provide opportunity for the public to request any clarification to the responses provided. • The city's response to comment 4.2.8. was questioned regarding soil and groundwater contamination from agricultural fertilizers and pesticides. Staff responded that the developer is completing a Phase II Environmental Site Assessment (ESA) that will document site contamination and next steps. If contaminated soils are present that do not meet residential reuse requirements they will be hauled offsite and disposed of per MPCA guidelines. Dust BMPs will be in place during construction to minimize the potential for dust. The response to comment 14 has been updated accordingly.