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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. • • • • 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 • • • 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 • • • 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. • • 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. • • 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. • 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. • • • • Nature's Refuge EAW Record of Decision page 13 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. • • • Nature's Refuge 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 • • Nature's Refuge 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 • Nature's Refuge 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. • Nature's Refuge EAW Record of Decision page 17 • 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 • Nature's Refuge 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.