HomeMy WebLinkAbout2007-006 Council ResolutionCouncil Member O'Donnell introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 07-06
RESOLUTION MAKING A NEGATIVE DECLARATION
ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT
FOR THE PROPOSED NATURE'S REFUGE PROJECT
WHEREAS, MN Rules 4410 establishes the requirements for the preparation of an
Environmental Assessment Worksheets (EAW); and
WHEREAS, the City initiated an environmental review to determine if the proposed
Nature's Refuge has the potential for significant environmental effects, as required by
MN Rules, Chapter 4410.4300, Subpart 14.; and
WHEREAS, the Lino Lakes City Council makes the following specific findings of fact:
1. The City of Lino Lakes is the responsible governmental unit for the EAW.
2. An EAW was prepared and the City Council approved its distribution with Resolution
06 -158 on October 9, 2006. The EAW was distributed according to the requirements
of MN Rules 4410 and its availability was published in the EQB Monitor on October
23, 2006.
3. The public comment period ended on November 22, 2006.
4. The City has reviewed comments on the EAW and has prepared responses to these
comments, included in the Record of Decision, dated January 8, 2007.
5. The design of the project and the extent to which environmental effects are subject to
mitigation by ongoing public regulatory authority indicates that this project does not
have the potential for significant environmental effects.
6. In considering the type, extent, and reversibility of environmental effects, there will
be no significant environmental effects from the project.
7. The project involves no related developments, connected actions, or phased actions as
defined by MN Rules 4410.
8. The City Council must make either a negative declaration or a positive declaration on
the need for an Environmental Impact Statement (EIS).
NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council makes a
negative declaration regarding the need for an EIS, meaning that an EIS is not needed for
the Nature's Refuge project as currently proposed.
•
BE IT FURTHER RESOLVED that the City Council approves the Record of Decision
document, dated January 8, 2007.
Adopted by the Lino Lakes City Council this 8th day of January
ATTEST:
Julia e Bartell, Cit
J J. BefgesoYi, Mayor
, 2007.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Stoltz and upon vote being taken thereon, the following
voted in favor thereof:
O'Donnell, Stoltz, Reinert, Bergeson
The following voted against same:
Carlson
Whereupon said resolution was declared duly passed and adopted.
Resolution 07 -06, page 2
AGENDA ITEM 6 B
• STAFF ORIGINATOR: Jeff Smyser
C. C. MEETING DATE: January 8, 2007
TOPIC: PUBLIC HEARING and
Resolution No. 07 -06, Negative Declaration On The Need for
An Environmental Impact Statement for Nature's Refuge
VOTE: 3/5
BACKGROUND
An Environmental Assessment Worksheet (EAW) was been prepared for the Nature's Refuge
conservation development project as prescribed by state environmental review requirements. We
have gone through the review process. The next and final step is the decision that an
Environmental Impact Statement is not necessary. Prior to doing so, the City Council preferred
to hold a public hearing.
The EAW was filed with the Minnesota Environmental Quality board and circulated for review
and comments to the required distribution list. A Notice of Availability was published in the
EQB Monitor on October 23, 2006. The thirty -day comment period closed on November 22,
2006. We received a number of written comments from agencies and citizens. The City must
respond to every substantive comment.
The City must decide, based on the EAW information, if an Environmental Impact Statement
should be prepared for the project. In doing so, we must prepare a record of decision that
includes information supporting the decision. The attached Record of Decision document
includes findings, comments and responses, and conclusions. The comments we received are
summarized and our responses follow them in the section "EAW Comment and Responses ".
The actual commenting letters and e-mails are included as well. The Environmental Board
reviewed a draft of the Record of Decision on December 20. Staff has revised the document
based on the Environmental Board recommendations.
OPTIONS
1. Approve Resolution 07 -06 making a negative declaration on the need for an Environmental
Impact Statement for Nature's Refuge and approving the Record of Decision.
2. Return to staff with direction
RECOMMENDATION
Option 1
•
RECORD OF DECISION
NATURE'S REFUGE DEVELOPMENT
ENVIRONMENTAL ASSESSMENT WORKSHEET
Findings of Fact
Responses to Comments
Conclusions
•
City of Lino Lakes
January 8, 2007
a
• FINDINGS OF FACT
•
ADMINISTRATIVE BACKGROUND
The City of Lino Lakes is the responsible governmental unit (RGU) for this project. An
Environmental Assessment Worksheet (EAW) has been prepared for this project as
prescribed by Environmental review requirements. Lino Lakes prepared the EAW.
The EAW was filed with the Minnesota Environmental Quality board (MEQB) and
circulated for review and comments to the required EAW distribution list. A Notice of
Availability was published in the EQB Monitor on October 23, 2006.
The thirty -day comment period closed on November 22, 2006. Written comments
received from agencies and citizens are summarized and responded to in this report in the
section "EAW Comment and Responses ".
PROJECT DESCRIPTION
Nature's Refuge is a proposed conservation development that will create a new
residential subdivision combined with a wetland conservation area in the City of Lino
Lakes. The subdivision will provide additional housing capacity in the form of an infill
development. The conservation area will restore and preserve valuable natural resources
by combining residential development with a large, high - quality existing wetland
complex containing rare plant species and communities. The project relies upon a
strategy to create a nature preserve by enhancing (through restoration and active
management) a large area of higher - quality wetland as compensation for filling a smaller
acreage of lower - quality wetland.
The proposed project includes 278 single family residential lots. Sanitary sewer and
water supply will be extended from existing infrastructure to service these new lots. The
streets will wind through the development, avoiding the majority of wetlands. The
typical lot will be rectangular and approximately 80' by 120', but the winding, irregular
nature of the streets will mean that many lots will have different dimensions and shape,
though their sizes will be similar.
The project will include restoration and management activities for the majority of the
property's wetland area in order to create conservation areas and to offset wetland
impacts created by the project. Based in part on the presence of rare plant species and
communities on the project site, the Minnesota Board of Water and Soil Resources
(BWSR) has already given verbal approval to apply the "Exceptional Natural Resource
Value" (ENRV) provisions of the Minnesota Wetland Conservation Act (WCA) to the
wetland impact mitigation plans for the project. Under these provisions, the applicants
will gain extra mitigation credits for properly restoring the wetlands that support rare
species and unique vegetative wetland communities. This will provide enhancement and
Nature's Refuge
EAW Record of Decision
page 2
protection for a valuable natural area, while providing wetland mitigation credit to offset
the proposed wetland impacts created by the project, and excess mitigation credits that
will be used as wetland mitigation bank credit.
The proposed conservation areas will consist of non - impacted wetlands and adjacent
forested upland areas. The conservation areas will be placed under conservation
easement, and will be restored according to a formal restoration plan. The plan will
include initial restoration activities, plus a 5 -year maintenance and monitoring plan.
Following this establishment period, the conservation areas will be preserved, and
managed in perpetuity. The specifics of the funding plan for this ongoing management
has not yet been determined, but will include a combination of sources such as escrow
earnings and homeowner fees.
The City has not received a formal application for the project, which will include specific
design details. While the actual design has not been completed, a significant amount of
information has been gathered to allow for completion of the EAW. The intent of
preparing the EAW based on the concept plan is to utilize information gathered through
environmental review to inform and improve on project design.
CRITERIA FOR DETERMINING THE SIGNIFICANCE OF
ENVIRONMENTAL EFFECT
Minnesota Rule 4410.170, Subp. 7 specifies the following criteria to be used in deciding
whether a project has the potential for significant environmental effects. An
Environmental Impact Statement (EIS) is not considered necessary for this project based
on the criteria listed below.
1. Type, Extent, and Reversibility of Environmental Effects
The EAW and this Findings of Fact summarize the type and extent of impacts to the
surrounding environment. Alternatives to avoid potential impacts on the environment
were considered and evaluated during the development of the site plan and prior to
the preparation of the EAW. The proposed site plan also includes design features to
mitigate potential social, economic, and environmental impacts
The following is a summary of the major findings of the EAW regarding potential
social, economic, and environmental impacts as a result of the proposed mixed -use
development project.
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Nature's Refuge
EAW Record of Decision
page 3
Compatibility with Local Plans
The project is consistent with local and regional plans, which includes the following:
• City of Lino Lakes Comprehensive Plan
o Land Use Plan
o Sanitary Sewer Plan
o Transportation Plan
o Surface Water Management Plan
o Parks, Natural Open Space /Greenways and Trail System Plan.
The City's Comprehensive Plan guides the project area for Low Density Sewered
Residential development. The City's Zoning Ordinance provides for conservation
development through the use of the Planned Unit Development process. The Parks
Plan designates this area for natural resource protection and conservation as well as a
city trail. These goals would be fulfilled with the Nature's Refuge project.
Conservation Development
The project will combine residential development conservation of a valuable wetland
complex. This rare wetland type and its rare plant species will be restored to higher -
quality conditions and managed to remain a high - quality system dominated by native
plant species, while maintaining its present suite of wetland services and values (e.g.
flood retention, protection of downstream public waters). The revenue generated by
the development of the residential subdivision will allow for the full funding of the
restoration and management plan. A small percentage of wetland area and a quantity
of forested upland will be lost as a result of the development, in exchange for creation
of the high - quality conservation reserve including the remaining wetlands and
surrounding forested uplands. From the ecological perspective, the project will result
in a net gain in environmental quality. This plan has been given initial provisional
support by several regulatory agencies.
Wetland Impacts
The project will result in filling of 7.5 acres of wetland, and in the restoration,
management, and preservation of 132 acres under a conservation easement with an
ongoing management plan in perpetuity. Most wetland area to be filled is presently
in a disturbed, degraded condition. All wetland acreage to be put under conservation
management will be restored to higher - quality conditions with greater floristic
diversity and reduced abundance of exotic invasive plant species. The conservation
plan will also include restoration and management of upland wooded areas and other
vegetated buffers along wetland boundaries.
Wetland losses are expected to be mitigated by wetland credits generated through the
establishment and management of the conservation area. It is hoped that this area
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Nature's Refuge
EAW Record of Decision
page 4
will be designated as an area of Exceptional Natural Resource Value (ENRV) based
on the existence of several rare (state - listed) plant species and a rare wetland
community. The BWSR Wetland Committee has expressed initial approval of this
approach for this site (April 2006 meeting). This designation will allow greater
wetland credit generation. It is expected that the conservation plan will allow
accumulation of excess wetland credit, which will be banked for future off -site
wetland mitigation needs within the city and /or watershed.
Forest and Tree Impacts
The project will cause the conversion of 51 acres of forest, resulting in the loss of
forest wildlife habitat and a large number of trees. The development is designed to
preserve forested upland buffers wherever possible. Remaining forest patches will be
restored and maintained as part of the conservation area.
Rare Species Impacts
Blanding's turtles and five rare plant species have been recorded on the site. At
present, it is unknown how many turtles use the site, but they are most likely to occur
in and around the larger, deeper wetlands, which will be protected from loss or impact
by the project. By including upland wooded buffer zones in the planned conservation
areas, upland foraging and nesting habitat for Blanding's turtles will be maintained,
though there may be some permanent reduction in this type of habitat. As
recommended by DNR, signs will be installed to inform residents and visitors of the
need for caution around turtle habitat. The installation of ribbon curbs in some places
will reduce barriers to turtle movements. Flyers will be given to all contractors
working in the area, and future residents will be informed of the presence of the
turtles and their habitat needs. Silt fencing will exclude the turtles from construction
areas, but will be removed after construction and revegetation to allow free turtle
movement. Culverts connecting wetlands and ponding areas will be of recommended
size and shape to allow turtle passage. The runoff and sedimentation controls, and
restriction on fertilizer use, will help maintain habitat quality for the turtles. In
general, the placing of the conservation areas under easement and long -term
management will maintain habitat quality. There are no records of additional state- or
federally listed rare animal species on the site, including birds.
The rare plant species found on the site are all native wetland plants that respond well
to wetland restoration measures that are planned for the conservation areas.
However, a minority of populations of these plants presently occur in wetlands that
would be filled by the project. This will constitute a taking of rare plant populations
which will require a permit from the DNR. The DNR has expressed initial support
for this approach on condition that the conservation areas be fully restored and
maintained as improved habitat for these plant species. Also, attempts will be made
to transplant existing populations from those wetlands that will be filled into wetlands
that will be restored. Because future active restoration and management activities are
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Nature's Refuge
EAW Record of Decision
page 5
primarily aimed at restoring and maintaining native plant communities, the
populations of rare species are expected to continue and possibly expand.
Floodplain
A portion of the site lies within a Zone A 100 -year flood plain, though the flood
elevation has not been established. The project will result in a re- grading of part of
the site, so changes to the flood elevation contour will be required. Construction and
re- grading in the present flood zone will be minimized, because only one street will
cross the flood plain and no houses will be located within it. The 100 -year flood
elevation will be established as part of the project design and compensatory storage
will be created for any floodplain fill. The FEMA floodplain map revision will be
prepared as needed.
Water Quality and Stormwater Management
The project will be designed to avoid altering drainage conditions and protect water
quality. Runoff will be directed to vegetated swales, rain gardens, and infiltration
ponds. Sedimentation ponds and rain gardens will be designed to treat storm water
runoff before discharge. The ponds will be designed to retain a 100 -year storm event
and control the discharge rate to pre- development conditions. Drainage from
residential areas and impervious surfaces will be directed into infiltration areas in
order to prevent sedimentation or contamination of wetlands, to control inflow rates,
and to maintain present hydrology as well as possible. Infiltration ponds will be
protected from soil compaction by construction equipment, and any compacted areas
will be disked to de- compact the soil, which will ensure water infiltration and
successful re- vegetation.
Erosion Control
Erosion control measures will be implemented in accordance with the Storm Water
Pollution Prevention Plan (SWPPP) developed for this project to mitigate the
potential for adverse surface water and air quality impacts from runoff and wind
erosion during construction. The SWPPP will incorporate Best Management
Practices prescribed by the MPCA. These measures, including silt fencing, ditch
checks, stone exit pads, and prompt turf restoration (including de- compacting,
mulching, seeding) in graded areas. The phasing of construction will minimize the
area of soil exposed at any given time.
Construction- Related Noise, Dust
Standard Best Management Practices will be employed to minimize dust Water will
be applied to exposed soils during dry weather to mitigate dust movement. The dust
and wind erosion BMPs will be employed to minimize inconveniences to them.
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Nature's Refuge
EAW Record of Decision
page 6
Noise generation will be typical of any residential construction activity and will cease
after the construction phase. Construction hours will be limited according to City
policy: 7 a.m. to 7 p.m. Monday — Friday; 9 a.m. to 5 p.m. Saturday; no work
Sundays or holidays.
The elementary school building has air conditioning, so the windows will be closed
much of time during hot weather and during cold weather heating months.
Traffic
The project will generate a new traffic, primarily on CSAH 14. Completing the
recommended improvements will mitigate the additional traffic volume to minimize
impacts on adjacent roadways. These improvements include signalization of the
CSAH 14 /CSAH 23 intersection and additional right of way for turn lanes on CSAH
14. The timing of the installation of a signal will need to be an important
consideration in the review of the Nature's Refuge project application.
In addition, the City is working with the developer, Anoka County, and Forest Lake
School District 831 regarding combining the school's access with the new
development. To date, all entities have expressed support for this option. This option
of a combined access to CSAH 14 will comply with and further the implementation
of the TH 242 /CSAH 14 Access Management Study.
Air quality will not be significantly impacted by the traffic increase and proposed
residential land use.
2. Cumulative Potential Effects of Related or Anticipated Future Projects
The EAW and this Findings of Fact address the impacts related to the proposed
development, based on existing conditions and post- development conditions. The
City of Lino Lakes is not aware or any other large -scale development plans that are
contingent upon the completion of the Nature's Refuge Development
3. Extent to Which Environmental Effects Are Subject to Mitigation by Ongoing
Public Regulatory Authority
The mitigation of environmental impacts will be designed and implemented in
coordination with regulatory agencies and would be subject to plan approval and the
permitting process. An extensive list of permits and approvals that may be required
for the proposed development are listed in Item 8 of the EAW. An additional
approval would be the Section 401 Water Quality Certification from the Minnesota
Pollution Control Agency that is needed for the Section 404 Permit from the U. S.
Army Corps of Engineers. In addition to the approvals listed, ongoing
implementation of the conservation management plan prepared for the specific site
and project will be an important regulatory and mitigation measure.
Nature's Refuge
EAW Record of Decision
page 7
4. Extent to Which Environmental Effects Can be Anticipated and Controlled as a
Result of Other Environmental Studies Undertaken by Public Agencies or the
Project Proposers, Including EIS's Previously Prepared on Similar Projects
The RGU, City of Lino Lakes, has extensive experience in the planning and review of
residential and commercial development projects. Specifically, this will be the third
conservation development management plan to be implemented in Lino Lakes. The
management plan for the conservation areas of the project will describe management
activities such as invasive species removal, restoration, and rare species habitat
protection. This management plan must be prepared and included in the approvals of
the project prior to earth work or logging of the site.
The City of Lino Lakes finds that the environmental effects of the proposed mixed -
use development have been anticipated and will be controlled as a result of
environmental review and experience with other residential developments prepared as
conservation developments within the City.
EAW COMMENTS AND RESPONSES
The EAW for the Legacy at Woods's Edge Development was distributed for public
comment on October 23, 2006 to agencies and organizations on the official distribution
list of the Environmental Quality Board (EQB), as well as additional
agencies /organizations that had either requested a copy of the document, and /or that
could be affected by the proposed project. The comment period for the EAW officially
expired on November 22, 2006.
Consistent with state and federal environmental review rules, substantive comments are
responded to in this Record of Decision/Findings of Fact. Comment summaries and the
City's responses are listed below. The full comment letters are included at the end of the
list.
Transportation
• Anoka County Highway Department (ACHD) comments that CSAH 14 is a principal
arterial roadway, one of the few continuous east -west routes in Anoka County.
Safety and mobility are of primary concern.
• ACHD comments that the City and County adopted the TH 242 /CSAH 14 Access
Management Study to ensure and enhance safety and mobility.
Nature's Refuge
EAW Record of Decision
page 8
o The study does not identify a full access location for the Nature's Refuge site.
o Replacing the Wood Duck Trail full access with one for the Nature's Refuge
development would not conform to the study.
o It is not necessarily true that changing the access would provide access for a
higher volume cross street.
o It is not true that combining the access with the school would combine two
separate full access points into one full access point because the new development
would only be allowed a partial access. A combination would result in one full
access from one full and one partial access.
o Nor is it correct that the appropriate time for reviewing access in detail would be
during planning for the CSAH 14 upgrading to four lanes: access has been
studied in detail already with the Access Management Study.
o ACHD does not support a full access for the project alone.
• ACHD comments that Lino Lakes Elementary school is expected to keep its (full)
access locations for bus circulation as long as safety is not an issue. In the future, the
school is likely to have its access change as traffic volumes increase. There is no
guarantee that the school will continue to have full access; it may end up with 3
access depending upon safety concerns.
• The Metropolitan Council comments that CSAH 14, as a principal arterial, is an
element of the Metropolitan Highway System. The Met Council supports the access
alternative that will not compromise the roadway's function and that is consistent
with spacing and management guidelines.
Response: The City of Lino Lakes agrees that CSAH 14 is a vitally important
element of the transportation system. The City also fully supports and has been
implementing the TH 242 /CSAH 14 Access Management Study.
In retrospect, the EAW may not be clear on the City's preference for access for the
Nature's Refuge project. The traffic study prepared for the developer by Wenck
Associates includes a number of statements that generated comments by ACHD. Some
of the statements do not represent the City's approach to planning the access for the
project. The text in Item 21 of the EAW includes the City's positions.
The City does not support a new, full access serving only the Nature's Refuge project.
The City is proposing the option of combining the access with the elementary school. As
explained in the EAW, the school's full access driveways are labeled "no change" in the
Access Management Study. The City initiated discussions with Anoka County and the
Forest Lake School District 831 regarding combining access with the new development.
To date, all entities have expressed support for this option. In the past, Anoka County
prepared a similar combination of a school access and a public road to provide access to
Main Street for Roosevelt Middle School in Blaine.
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Nature's Refuge
EAW Record of Decision
page 9
Because of the spacing required by the Access Management Plan, an additional full
access solely for the Nature's Refuge development would not be allowed. The other
option is a partial access (right - in/right -out). The City does not support the partial access
option because it would not allow an east turn onto CSAH 14. Most drivers leaving the
development would want to turn east on CSAH 14 then south on CSAH 23 to the I -35W
interchange. A partial access would not meet the needs of the development.
The City will continue to work with the developer, Anoka County, and Forest Lake
School District 831 toward designing an access road that will maintain a full access for
the school, improve safety and circulation for the school, and provide a safe, full access
for the Nature's Refuge development.
• ACHD comments that it will want a full complement of turn lanes for project access
as part of the project design because funding has not been identified for upgrading
CSAH 14 into a four -lane facility (with medians).
Response: The City concurs that turn lanes constructed with this project would be
appropriate. The City will work with ACHD and the developer to design appropriate
improvements to CSAH 14 at the project access point. This would include the dedication
of the additional right of way for CSAH 14 to accommodate roadway needs. The City
also needs to consider the potential need for a local trail on the north side of CSAH 14
that would provide access to a future regional trail that would be constructed on the south
side.
• ACHD comments that Pine Street is not a county road and so county spacing
guidelines do not apply.
Response: The City concurs with this. The traffic study applied the County's
guidelines to Pine Street as an exercise only, since the City does not have comparable
spacing guidelines.
• The City of Columbus wishes to explore the paving of Pine Street, possibly during
early stages of the Nature's Refuge development rather than in the last phase.
Response: As noted in the EAW, Lino Lakes and Columbus have discussed
improving Pine Street in the past. Pine Street should be paved to the access point of the
Nature's Refuge access. The timing needs to be worked out with the developer and the
two cities.
• Columbus recommends that Pine Street not be used as a construction road for the
project.
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Nature's Refuge
EAW Record of Decision
page 10
Response: The site is large and there are two possible accesses. Pine Street is one of
them. The route of construction vehicles has not been specified, but it is likely that Pine
Street would be needed for access during construction. Lino Lakes will discuss
possibilities with the developer. Lino Lakes does enforce requirements for mitigating
dust during construction and limits work times on construction sites.
• Columbus notes that if the improvements on CSAH 14 are not completed prior to the
development, the traffic analysis will not be accurate and Pine Street will be affected.
Response: The traffic analysis assumed signalization of the CSAH 14 /CSAH 23
intersection when concluding the intersection would function at Level of Service C or
better. Without a signal, the LOS would be F for many movements. As noted in the
EAW, the timing of the installation of a signal will need to be an important consideration
in the review of the Nature's Refuge project application.
Municipal Utilities
• The City of Columbus is interested in discussing the possibility of extending sewer
and water service further north on Lake Drive to serve Columbus.
Response: Lino Lakes has not previously planned to oversize sanitary sewer facilities
to serve property outside of Lino Lakes. Several issues arise when considering doing so.
Columbus should discuss the situation with the Metropolitan Council to see if the
Council's system plans allow for utility service. We would need to determine the
capacity of Metropolitan Council facilities into which the Lino Lakes system flows.
Next, the capacity of the Lino Lakes system is not endless, and planning studies to date
indicate there is not excessive capacity. The feasibility of extending the Lino Lakes pipe
would need to be examined. The cost of the feasibility study as well as construction
would need to be examined as well. Lino Lakes would need to ask if serving land in
Columbus should preempt providing service for land within Lino Lakes along Lake
Drive. While Columbus' proposal may be feasible, it raises larger questions that would
need to be resolved.
Water Quality, Wetlands, Stormwater Management
• The Rice Creek Watershed District (RCWD) asks for clarification of the statement in
EAW Item 6 that "The goal will be to cause no net change to existing drainage
patterns in remaining wetlands ". Does this refer to rate and /or volume? Changes in
volumes could impact the wetland resources.
Nature's Refuge
EAW Record of Decision
page 11
Response: It is the goal to minimize the impact of development on the annual runoff
loading (volume).
• RCWD notes that the wetland delineation for this property has not been formally
approved and at this point is considered preliminary.
Response: The wetland field delineation for the property was conducted by Kjolhaug
Environmental Services Co. (Shoreview, Minnesota) in 2004 through 2006. Kjolhaug
Environmental Services Co. prepared and submitted the delineation report for all
wetlands delineated. All wetland boundaries were reviewed in the field by Ken Powell
(Rice Creek Watershed District serving and the LGU for the MN Wetland Conservation
Act) and Michael DeRuyter (Kjolhaug Environmental Services Co.) in October 2005.
The wetland delineation boundaries were surveyed by E.G. Rud and Sons (Lino Lakes,
Minnesota) and were incorporated into the site's conceptual design process in 2005 and
2006. However, the City acknowledges that the wetland delineation for the proposed
property has not been formally approved by the RCWD staff and Board, and the
delineation for this property is considered preliminary Furthermore, the City
acknowledges that any changes to the spatial modification delineated wetland boundaries
prior to formal approval may affect total wetland impacts on the property. Such changes
may be greater than or less than impacts currently estimated for proposed project, and
shall be more formally and concisely addressed through the site design process with
regard to wetland permitting, avoidance of wetlands, sequencing, mitigation, restoration,
and potential wetland banking
• RCWD notes the approximate proposed wetland impacts of 7 acres will be subject to
WCA sequencing and mitigation through the RCWD permitting process and should
be considered as only an initial estimate at this time.
Response: The City understands and acknowledges that the proposed 7 acres of
wetland impact will be subject to Wetland Conservation Act (WCA) sequencing and
mitigation requirements through the RCWD permitting process. The proposed 7 acres of
wetland impacts associated with the preliminary site design concept is, at this time,
considered an initial estimate, and the final amount of proposed wetland impact will need
to be refined through the site planning and design process, and may increase or decrease
through the site design and sequencing process.
• RCWD notes that wetlands serve both hydrologic and water quality functions. The
RCWD strongly encourages the project proposer to conduct a functional assessment
of both the water quality and hydrology of the existing wetland to ensure the
avoidance and minimization of impacts to these functions.
Nature's Refuge
EAW Record of Decision
page 12
Response: The proposer completed an assessment of wetland functions for all
wetlands within the proposed project site, using the full Minnesota Routine Assessment
Method (MNRAM version 3.0). This included assessment of both hydrologic and water
quality functions of the site's wetland resources. The MN RAM assessment was used to
guide the project design team through the initial steps of developing the conservation
development concept site plan. The MN RAM assessment is available for the Rice Creek
Watershed District to review. Furthermore, the results of the MNRAM assessment will
likely serve as an integral component of the WCA wetland permit application, and
Exceptional Natural Resources Value (ENRV) wetland banking application, among
influencing other project components and goals.
• RCWD notes that there is an indication of some floodplain fill. The RCWD is
concerned about how this will affect the hydrology of the adjacent wetlands in
complex 7.
Response: The City and project proposer share the understanding that minimizing the
impact to the hydrology of the wetlands is a critical component to maintaining the
integrity of the wetland complexes. Floodplain fill will be minimized in recognition of
this project goal.
• RCWD notes that no comparison of quantity and quality of runoff pre- and post -
construction was constructed. Because the project site ultimately discharges to
Marshan Lake which is an impaired waterbody under the MPCA 303(d) list, such an
assessment needs to be conducted.
Response: Site - specific data has been collected including infiltration parameters
using a double -ring infiltrometer for existing and impacted portions of the property. In
addition, surface water and groundwater data has been collected throughout 2006. This
data is being used in the development of a hydrologic model of the project site. The
proposer has met with the RCWD to discuss the model development and looks forward to
continuing collaboration with the RCWD in finalizing the model to represent the existing
and constructed environment. The model results will be an important component of the
required RCWD permit process.
• The Minnesota Pollution Control Agency (MPCA) notes that a Section 401 Water
Quality Certification from the MPCA is needed for the issuance of a Section 404
Permit from the U. S. Army Corps of Engineers. The 401 Certification should be
included in the list of permits and approvals in Item 8 of the EAW. Although the
MPCA will likely waive its 401 authority, an application for the certification is still
necessary.
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Response: The City thanks the MPCA for this clarification and acknowledges the
need for the 401 Certification as one of the needed approvals.
• The Minnesota Pollution Control Agency (MPCA) comments that to be effective,
infiltration areas should not be compacted during construction or receive construction
runoff. Soil ripping may be necessary if soil compaction occurs.
• The Minnesota Pollution Control Agency (MPCA) comments that it is a state
requirement that three feet of separation be provide between the bottom of the
infiltration basins and the seasonally saturated groundwater table. This may be
difficult to achieve give the relatively shallow groundwater table.
Response: The proposer thanks the MPCA for their comments regarding the
infiltration basins. Maintaining the infiltration capacity of the existing soil structure in
addition to protecting the infiltration capacity of the constructed facilities will be an
important component of project success.
• MPCA recommends that information be provided to homeowners at the time of sale
to ensure they understand what a rain garden is, how it works, and why they are
important.
Response: The City will pursue this recommendation with the project proposer. The
City has required similar information on previous development projects. The City will
create a communication program for new residents and the homeowners' association.
Land Use
• The Metropolitan Council notes that the density of 2.78 units per acre is below the
Metropolitan Council standard for sewered, urban development. The Met Council
also notes that a portion of the project currently is not within the City's Metropolitan
Urban Service Area so some of the City's undesignated MUSA must be applied.
Response: The Metropolitan Council density standard of 3.0 units per acre for
sewered urban development is a citywide average for new development. It is correct that
this project's density is lower than that. Development of higher density elsewhere in the
city will be included in the citywide average.
The City allocates MUSA reserve acres at the time of preliminary plat approval. If this
project reaches the approval stage, MUSA will be allocated then.
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EAW Record of Decision
page 14
Parks and Open Space
• The Metropolitan Council comments that the majority of the site is within a Metro
Wildlife Conservation Corridor and a Regionally Significant Ecological Area of
Outstanding Quality, while the eastern portion of the site is a Regionally Significant
Natural Resources Area of High Quality, as designated by the DNR and the
Metropolitan Council.
Response: The City and the Nature's Refuge consulting ecologists (Critical
Connections Ecological Services, Inc.) recognize that the proposed conservation
development site is located within a Metro Wildlife Conservation Corridor, as well as
within a Regionally Significant Ecological Area (RSEA) of Outstanding Quality.
Furthermore, the City recognizes that the eastern portion of the site has been designated
as a Regionally Significant Natural Resources Area (RSNRA) of High Quality by the
Minnesota Department of Natural Resources. Critical Connection Ecological Services,
in collaboration with the Minnesota DNR and the City of Lino Lakes (and others),
completed a comprehensive land cover classification and natural resources inventory of
the Rice Creek Chain of Lakes corridor in 2001. This 35,000 acre inventory and
assessment was responsible for the discovery and documentation of the unique habitats
present within portions of the site (and elsewhere), and these data were then incorporated
into the Metropolitan Council and Minnesota DNR's regional natural resources and
conservation corridor ecological models.
• The Metropolitan Council notes that the south portion of the property lies along the
proposed Central Anoka County Regional Trail. The City should coordinate with
Anoka County Parks to define the relationship of this trail with the development.
Response: The EAW describes the trails through the development and how they
implement the City's System Plan. It was an oversight that the EAW did not mention this
important transportation trail along CSAH 14. The Lino Lakes Parks, Natural Open
Space /Greenways and Trail System Plan includes a "proposed designated bike route"
along CSAH 14, the route of the Central Anoka County Regional Trail. The Central
Anoka County Regional Trail is tentatively planned along the south side of Main Street.
When funding becomes available the County will consider funding and trail needs when
comparing an off road trail vs. a paved roadway shoulder. The regional trail may fulfill
the City's desire for a bike route.
The Nature's Refuge site is on the north of CSAH 14. There is a crosswalk for the
elementary school immediately east of the Nature's Refuge project site. Residents of the
development could cross CSAH 14 in the crosswalk to access the regional trail on the
south side of the road. In the future, CSAH 14 likely will be improved to four lanes.
Conveying pedestrians and bicyclists to the signalized intersection of CSAH 14 /CSAH
23 would be the best way to cross CSAH 14 for access to the regional trail. For this
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EAW Record of Decision
page 15
reason, the City may consider a local trail on the north side of CSAH 14 to complement
the regional trail on the south side.
The City agrees that continued coordination with Anoka Parks and the Anoka County
Highway Department should continue for the planning of the County's and City's trail
systems to optimize the coordination of the two systems.
Wildlife Habitat
• Rod Kukonen comments that the suggestion that the bird population contains various
songbirds such as the American Gold Finch and robin is extremely weak. He list
numerous other species he has observed on the site.
Response: While Item 11 of the EAW cites some examples of species observed, it
does not pretend to be a complete list. Long term residents of the area surely have
observed many more species than could be noted during site visits. The City recognizes
the extensive wildlife diversity in this area of the community. It is the richness of habitat
and ecological resources in the area that make it a good site for a conservation
development project.
• The Minnesota Department of Natural Resources (DNR) comments that there will be
substantial reduction of forest and grassland areas due to the project. To provide
Blanding's turtle habitat, some protected upland grassland area adjacent to the
wetland would have to be left undeveloped and protected. It may be necessary to
create more buffer adjacent to the wetland and manage it as dry prairie.
Response: The proposed conceptual site plan and conservation plan seeks to optimize
upland grassland habitat adjacent to (and including) the highest quality wetland resources
on the site, while allowing for development of lower quality grasslands and portions of
the existing forest on the property. Under the proposed concept conservation plan, these
upland buffer areas shall be restored to appropriate native grassland, savanna, and forest
communities, including dry, mesic, and wet prairie, oak savanna, and oak forest.
Restoration and management strategies and spatial configurations of the concept site plan
have been designed, in part, to provide more suitable habitat for vertebrate species, such
as the Blanding's Turtle, within restored and actively managed conservation areas. The
proposer welcomes the input of the Minnesota DNR to assist with the future refinement
of a natural resources management plan of prescribed habitats and management strategies
that optimize habitat for potentially sensitive plant and animal species, such as
Blanding's Turtle.
III • The DNR comments that the EAW mentions a restoration and management plan but
does not include it. Nor does the EAW identify an entity that would be responsible
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EAW Record of Decision
page 16
for implementing the management plan. Without this information, DNR cannot be
confident that the project will in fact result in an acceptable level of habitat benefit.
Response: The restoration and management plan for the proposed conservation areas
will be fully developed and finalized during the preliminary plat, environmental
permitting, wetland mitigation, and ENRV banking design process of this proposed
project. It should be noted that the restoration and management plan for designated
conservation areas will be reviewed by City staff and the Lino Lakes Environmental
Board throughout the preliminary plat approval process. Furthermore, approval of the
restoration and management plan by the City is a requirement of the preliminary plat
approval process for all conservation developments in Lino Lakes.
Several additional layers of review and approval will be required for the proposed
restoration and management plan. The plan will be written to include any and all
required mitigation for the taking of state - listed plant species elsewhere on the property,
and will also include required mitigation for any and all wetland impacts that may occur
outside of the proposed conservation areas. These mitigation plans and permit
applications will require review and approval by local and state agencies as well as the
City of Lino Lakes, and will include scientifically sound methods for designing,
implementing restoration tasks, and monitoring restoration and management success.
Such an approach has been developed by the project ecologists (Critical Connections
Ecological Services, Inc.) on similar projects within the immediate vicinity of the
proposed project, with input and guidance provided by DNR, watershed district,
conservation district, and US Army Corps of Engineers technical and regulatory staff
The project ecologists (Critical Connections Ecological Services, Inc.) have prepared
restoration and management plans for two other conservation developments within the
City of Lino Lakes (Foxborough and The Preserve Conservation Developments). These
plans have been reviewed, revised, and approved by the City of Lino Lakes during the
preliminary plat process. The Foxborough natural resources restoration and management
plan is in its second year of implementation. The Preserve restoration and management
plan has been approved, and the project is awaiting final plat approval.
Furthermore, the project ecologists have developed the restoration and management plan
for one of only two ENRV wetland mitigation plans to have been approved in the state of
Minnesota (Blaine Ponds, Blaine, Minnesota). Assessment of pre- restoration conditions
of the Blaine Ponds conservation area has been completed in 2006, and implementation
of the restoration plan will begin in 2007.
A qualified ecological restoration firm will be responsible for implementing the
restoration and management plan for the proposed project site. Implementation of the
plan will be reviewed and monitored by the City of Lino Lakes, a homeowners
association, and various regulatory agencies such as the Minnesota DNR, the Minnesota
Board of Soil and Water Resources, the US Army Corps of Engineers, and the Rice
Creek Watershed District, among others.
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EAW Record of Decision
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• The DNR comments that the project could be a candidate for implementation under
the "exceptional natural resource value" provision of the Wetland Conservation Act,
which allows credit for projects that restore exception natural resource values. Before
the DNR would agree to the use of this provision or permit the taking of state - listed
plant species, the City would have to assure us that it would put in place adequate
regulatory and management mechanisms to protect and sustain these resource values
well into the future.
Response: The project proposer called a meeting in March 2005 to present the project
concepts to all pertinent regulatory agencies administering the Minnesota WCA and other
wetland /natural resources regulatory programs, such as the Rice Creek Watershed
District, the Minnesota DNR, and the US Army Corps of Engineers, the Minnesota Board
of Soil and Water Resources, the Anoka Conservation District, and the City of Lino
Lakes. A primary objective of this meeting was to determine if the natural resources of
the proposed project site were of high enough quality to qualify for ENRV provisions of
the MN WCA. At this March 2006 meeting, project ecologists presented ecological
assessment information on the site's natural resources, habitats, and rare species
populations, along with site design concepts for the proposed conservation development.
The consensus among the regulatory agencies in attendance can be summarized as the
following: The wetland resources present on the proposed site are of high enough quality
to be eligible for the ENRV provisions of the MN WCA, and rare plant species
populations present on the property (as well as suitable habitat for these species) are
concentrated within the proposed conservation areas and could be protected and
managed, in perpetuity, as part of a large -scale conservation area that achieved numerous
environmental objective (such as ENRV wetland mitigation and banking, state - listed
species mitigation, and natural resources conservation and enhancement).
As previously mentioned (above), the project ecologists have developed the restoration
and management plan for one of only two ENRV wetland mitigation plans to have been
approved in the state of Minnesota (Blaine Ponds, Blaine, Minnesota). Assessment of
pre- restoration conditions of the Blaine Ponds conservation area has been completed in
2006, and implementation of the restoration plan will begin in 2007.
Other
• The DNR notes that the project will result in the removal of a significant amount of
wood from the site. Depending on the condition of the wood, the developer may elect
to market it as sawlog, landscaping material, firewood, or bio -fuel for the production
of energy. The DNR strongly recommends that the City contact the DNR for advice
on this subject.
Nature's Refuge
EAW Record of Decision
page 18
Response: The proposer concurs that an estimated fifty -one acres of wooded/forest
cover would be converted to other landscape types under the proposed concept plan. A
tree survey for the property has been completed in 2006, and all trees at least six inches in
diameter DBH have been tagged, inventoried, and spatially located as part of the City's
required tree preservation ordinance. Harvested trees are considered a valuable resource
and would be marketed and used for the most appropriate use, based on the wood's
condition and species. The project ecologists (Jason Husveth and Scott Milburn) have
collaborated with Jean Mouelle on past projects, to ensure that harvested wood resources
are used in an environmentally sensitive and beneficial manner, such as lumber /sawlogs,
firewood, and /or bio -fuel. The project proposer looks forward to working with Jean
Mouelle and the Minnesota DNR in the future, should the opportunity present itself.
• Rod Kukonen comments that buffering between existing neighborhoods and new
development should be included in the design of new development so existing
residents can still view natural settings from their backyards instead of a garage or
shed..
Response: The City recognizes that changes on nearby property that has long been
undeveloped is disturbing to many people, and the EAW acknowledges this. Buffering
and greenspace are important design elements. Greenspace buffers surround all
developed areas in the Nature's Refuge concept plan analyzed in the EAW, and will be
included in any final design on the site. It may be unrealistic to expect that existing
residents will not see any evidence of new homes on new development sites.
• Frederick and Melanie Hedervare comment that it is inaccurate to call the project a
`conservation development'. They comment that the developer is trying to avoid an
environmental impact study by proposing a number of units just under the number
that would make an environmental impact study mandatory. They comment that the
City should abide by the growth limits that are on the books.
Response: The proposed project includes 278 detached dwelling units. The threshold
for a mandatory environmental assessment worksheet (EAW) is 250, and that is why the
EAW was prepared. The threshold for a mandatory environmental impact statement is
1000, which is well above what is proposed.
There is some misunderstanding about conservation developments. Lino Lakes
Ordinance No. 24 -04 defines conservation development as a collaborative process which
results in a development plan, typically a planned unit development, in which certain
stipulated public values are achieved in exchange for greater flexibility on general
development requirements and the growth limits defined in the ordinance.
• Lino Lakes Ordinance No. 24 -04 allows the City Council reasonable discretion to
approve housing units in excess of the stipulated growth limits when a project would
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EAW Record of Decision
page 19
result in significant and discernable public values above and beyond those achievable
under conventional development. The Nature's Refuge project design includes all the
public values listed in the ordinance, which includes:
a. Preserving more natural open space than required under current ordinances and
development policies
b. Reducing the extent of impervious surfaces and size of the development footprint
c. Restoring /enhancing ecological systems on the site as part of the development
process
d. Protecting off -site ecological systems through increased buffering
e. Ensuring long -term natural resource stewardship through an endowment program
sponsored by the Developer
f. Providing public park and trail opportunities consistent with or in excess of the
System Plan
g. Managing stormwater (flow rates and quality) using natural infiltration and
ecologically -based approaches
h. Preserving the open space aesthetic to which community residences have become
accustomed
i. Maintaining natural buffer between established and new developments
As proposed and analyzed in the EAW, the Nature's Refuge project clearly meets the
• definition of a conservation development.
CONCLUSIONS
1. All requirements for environmental review of the proposed project have been met.
2. The EAW processes has generated information that is adequate to determine whether
the project has the potential for significant environmental effects.
3. Mitigation will be provided where impacts are expected to result from project
construction and operation of the site. Mitigative measures are incorporated into the
project design and the restoration and management plan for the conservation areas,
and have or will be coordinated with state and local agencies during the permit
process.
4. Based on the criteria in Minnesota Rules 4410, the project does not have the potential
for significant environmental effects.
5. An EIS is not required on the proposed Nature's Refuge development project.
6. The City of Lino Lakes passed Resolution No. 07 -06 stating its approval of the
Findings of Fact and Conclusions for the Nature's Refuge Development.